No matter the severity of your charges, the criminal proceedings process in St. Louis or elsewhere in Missouri can be complicated and daunting. The consequences of a criminal conviction can be severe, whether this is your first offense or you have an extensive record. Understanding the criminal justice process in Missouri is crucial for anyone involved.
Combs Waterkotte, the leading criminal defense law firm in St. Louis and throughout Missouri, is here to assist you every step of the way. Our specialized criminal defense lawyers based in St. Louis have a combined 40 years of experience handling cases throughout Missouri just like yours. You need that kind of knowledge and perseverance on your side.
The Criminal Justice Process in Missouri
When facing charges from a St. Louis or Missouri prosecutor, specific rules under criminal procedure must be followed. Typically, there are eight steps in the process, though this list is not exhaustive – some cases may involve fewer steps, while others may be more complex.
Regardless of the case’s specifics, your legal defense team should be committed to ensuring that all procedural steps are followed to safeguard your constitutional rights, protect your family, and secure your future.
The 8 Stages of the Missouri Criminal Justice Process
Understanding the stages of the criminal justice system in Missouri is crucial for anyone facing charges. By doing so, you and your criminal defense attorney can better prepare for each of the criminal proceedings processes and work toward a favorable outcome in your case.
1. Arrest & Booking
The criminal justice process typically begins with your arrest. Law enforcement officers can arrest you if they have probable cause to suspect that you have committed a crime. Following the arrest, you will be taken to the police station for booking, where your personal information is recorded, fingerprints and photographs are taken, and the charges against you are documented.
2. Initial Appearance & Bail
Following the booking process, you are required to appear before a judge or magistrate for an initial hearing, usually within 24 hours. During this session, the judge will outline the charges, your rights, and the possible penalties. The judge may decide to grant bail, considering the severity of the alleged offense and the probability of your return to court as required. For more severe offenses, the judge might order detention without bail. Alternatively, for less serious charges or if you have no criminal history, the judge may release you without bail or on your own recognizance.
3. Arraignment
This initial court appearance marks the formal presentation of charges against you, where you will be asked to enter a plea of guilty, not guilty, or no contest. A knowledgeable defense attorney can always support and guide you through this challenging phase. During this appearance, the judge will schedule trial dates, set deadlines for motions, and establish other procedural timelines. While your legal team should strive to resolve your case without going to trial, they should also be fully prepared for any eventuality.
The American Bar Association outlines three key criteria that must be met before a prosecutor can file criminal charges:
- There must be a reasonable belief that the charges are substantiated by probable cause
- The evidence available must be sufficient to support a conviction beyond a reasonable doubt
- The decision to proceed with charges must align with the interests of justice
4. Preliminary Hearing
In felony cases, a preliminary hearing is held to assess whether there is adequate evidence to advance to trial. During this hearing, the prosecution will introduce their evidence and witnesses, while your experienced legal team will have the opportunity to cross-examine witnesses and present your own investigatory evidence. If the judge determines there is enough probable cause, your case will proceed. The goal is to present sufficient counter-evidence to potentially have your charges dropped.
5. Pretrial Motions & Discovery
Before the trial begins, the prosecutor and your defense attorney participate in the discovery process, where they exchange evidence and witness lists. During this phase, both sides may also file motions to resolve various legal matters, like excluding evidence, dropping charges, or changing the trial venue. Additionally, this is commonly when plea negotiations take place.
Depending on specifics, your criminal defense lawyers might be able to file a motion to suppress evidence obtained in violation of your rights, possibly inadmissible under the exclusionary rule. The judge will rule on the motions during pretrial hearings.
6. Trial
You are entitled to the right to a speedy and public trial, under both state and federal law. In Missouri, you can choose between bench trials and jury trials. During the trial, the prosecution presents its case first, followed by our presentation of evidence, witness testimonies, and arguments. The jury (or judge) will then deliberate and deliver a verdict of guilty or not guilty.
7. Sentencing
If you are convicted, the judge will set a sentencing hearing. At this final stage, the judge will evaluate several factors, including the severity of the offense, your prior criminal record, and any mitigating factors. Based on this assessment, the judge will determine your sentence, which could involve incarceration, fines, probation, or community service.
8. Appeals
After a conviction, you have the right to challenge the verdict or sentence through an appeal. This process is managed by an appellate court. To proceed, your appeal must identify specific errors or abuses of discretion made by the trial court. If the appellate court finds substantial mistakes, it may overturn the conviction or order a new trial.
