Refusing probation

[pakraat]

What is the name of your state (only U.S. law)? missouri. Missouri RSMO 559.021 says a defendent can refuse probation in exchange for free work. I was just sentenced to 5 yrs probation so can i go back to court & request freework instead of probation?

 

[BL]

What is the name of your state (only U.S. law)? missouri. Missouri RSMO 559.021 says a defendent can refuse probation in exchange for free work. I was just sentenced to 5 yrs probation so can i go back to court & request freework instead of probation?

That's not how I read it .

SEE: 4. The defendant may refuse probation conditioned on the performance of free work. If he or she does so, the court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly ( that means incarceration usually )

 

[pakraat]

missouri 559.021 (3.) The defendant may refuse probation conditioned on the performance of free work. If he does so, the court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any county, city, person, organization, or agency, or employee of a county, city, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the defendant or any person deriving a cause of action from him if such cause of action arises from such supervision of performance, except for an intentional tort or gross negligence. The services performed by the defendant shall not be deemed employment within the meaning of the provisions of chapter 288, RSMo. A defendant performing services pursuant to this section shall not be deemed an employee within the meaning of the provisions of chapter 287, RSMo.

That dont sound like incarseration, slavery maybe but not incarseration

 

[AnotherTenant]

Holy cow, Dude, the sentence doesn't have a comma in it. It says that what you may refuse is "probation conditioned on the performance of freework", not that you may refuse probation and instead be granted "freework". You can surely refuse probation, but you I'm pretty sure you're not going to be any happier with the alternative. (Hint: since caning has been outlawed in this country for some time, the alternatives available to a judge are pretty much limited to probation, fines, or incarceration. If you refuse probation, you're guaranteeing you receive one or both of the other options.)