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The Criminal Defense Process in Missouri

The progression of your criminal case may vary depending on whether you are charged with a misdemeanor or felony and depending on whether you are charged in federal, state, or municipal court. Under any of these circumstances, the capable Missouri criminal defense attorneys at Joseph, Hollander & Craft can help you through process.

Investigation

Law enforcement’s investigation sometimes begins long before any arrest or formal charge. Sometimes, an investigating agent or officer will call and ask to speak about allegations of criminal conduct. Other times, particularly in white-collar criminal cases, an investigation begins with administrative subpoenas issued by federal agencies.

As soon as you realize you may be the target of an investigation, it is best to contact a lawyer. An experienced Missouri criminal defense attorney can:

• help you decide whether meeting law enforcement for questioning is in your best interest
• preserve evidence that will assist in your defense
• contact prosecutors to determine whether charges can be avoided (by presenting evidence of innocence or cooperating in the government’s investigation of another crime, for example)
• arrange for self-surrender so police do not execute an arrest warrant at your home or office
• coordinate bail and walk you through the process

Arrest

The suspect of a crime may be arrested based on:

1. a judge-issued arrest warrant; or
2. a law enforcement officer’s probable cause determination.

When the charging document (indictment, information, or complaint) is filed, an arrest warrant will be issued for the person named as the defendant (unless the defendant is already in custody due to a probable cause arrest).

A probable cause arrest is the name for the scenario when a police officer arrests someone without a warrant because he believes he has seen a crime occur. A common scenario for a probable cause arrest is a traffic stop that turns into a DUI investigation or drug seizure.

First Appearance

Shortly after an arrest, you will appear before a judge for an initial appearance. In federal court, this is often referred to as a “Rule 5 hearing” because it proceeds according to Federal Rule of Criminal Procedure 5. At this hearing, the judge will:

• inform you of the right to counsel;
• set conditions of release, which may include a financial condition (a bail bond) or order you to remain in custody pending trial;
• schedule your next court date.

Preliminary Hearing

In cases charging felony offenses via complaint or information, the defendant is entitled to a preliminary hearing at which the prosecuting attorney must present evidence demonstrating probable cause that the charged defendant committed a felony offense. If the prosecution does not carry its burden to demonstrate probable cause, the charge will be dismissed.

However, a defendant is not entitled to a preliminary hearing if charged via indictment returned by a grand jury; in that circumstance, the grand jury makes the probable cause determination. In the United States District Court for the Western District of Missouri, most cases are charged by a grand jury’s indictment. In Jackson County, Missouri, it is not unusual for the state to charge a case by complaint at the outset, then substitute an indictment before the preliminary hearing.

Arraignment

If probable cause is established at a preliminary hearing or by a grand jury’s indictment, the case will proceed to arraignment. At the arraignment hearing, the judge will:

• read the charges to the defendant;
• require the defendant to plead guilty or not guilty; and
• set dates and deadlines for the rest of the case.

The judge may also adjust bond conditions.

Proceedings Before Trial

You should discuss with your attorney whether there are avenues to win your case without ever going to trial. Though rare, it is possible to get charges dismissed due to a legal infirmity in the case. It is also possible to win a case by securing an order suppressing inculpatory evidence because it was obtained in violation of the defendant’s rights.

Even if you do take your case to trial, there is plenty of work to be done outside of the courtroom. It may be necessary to undertake an investigation to preserve evidence supporting your defense. Pre-trial legal arguments can shape your case by winnowing down what evidence will be allowed at trial. It may be necessary to challenge the prosecution’s experts or to secure expert witnesses of your own.

How the pre-trial process looks will depend on the facts and law specific to your case, but it may present strategic opportunities to avoid trial or to increase your chances for success in the courtroom.

Plea Offers

Sometimes, a reasonable plea agreement is the best possible outcome for a criminal case. If so, your criminal defense attorney should focus on mitigation—negotiating reduced charges, negotiating sentencing recommendations, and preparing evidence and arguments to support a sensible sentence.

When you are considering a plea bargain, you and your attorney should discuss the collateral consequences that may accompany a conviction. Discuss whether the conviction requires offender registration. Consider whether you will be able to expunge the conviction. Ask if the conviction will affect eligibility for certain programs in incarceration.

Trial

A criminal defendant has a right to a trial by jury, but may instead opt for a trial before a judge (known as a “bench trial”). Regardless of whether your case is tried to a jury or a judge, the prosecution has the burden of proving guilt “beyond a reasonable doubt.” If the prosecution cannot present sufficient evidence to meet this standard, the judge or jury must return a verdict of not guilty.

If your case is tried to a jury, the jurors must make a unanimous decision about the verdict. If the jurors cannot agree (known as a “hung jury”), the judge may declare a mistrial and the charge can be tried again. If the jurors agree you are not guilty, you cannot be prosecuted again; that would violate the constitutional prohibition on double jeopardy.

Sentencing

If your case concludes with a plea agreement or guilty verdict, you must proceed to sentencing.

Each statute that defines a Missouri crime contains a punishment range (such as imprisonment for “at least 3 but no more than 10 years”). Judges determine the sentence in all cases resolved by plea. However, in cases resolved by jury trial, the jury may decide the sentence (as long as the defendant does not have certain prior convictions). A defendant that proceeds to jury trial does not have to be sentenced by the jury; he can request that the judge decide the sentence instead.

In federal court, the judge always decides the sentence. Some statutes specify minimum and maximum terms of imprisonment, but many do not. The United States Sentencing Guidelines are the primary driver of sentencing outcomes in federal cases. The judge will determine the presumptive sentence based on the defendant’s offense level and criminal history, but may vary or depart to a lower or higher sentence.

Appeals

You may able to have your conviction, your sentence, or both reviewed by an appellate court. In an appeal, the reviewing court considers the case based on the record of proceedings at the trial court level and nothing else. No new evidence can be presented.

Your case will be primarily submitted to the court via written briefs, but short arguments may be allowed.

Expungements

Many Missouri state and municipal convictions can be expunged. Once a conviction has been expunged, the records related to it are sealed and cannot be opened without a court order.