What Happens During Arrest and Charging in Missouri?
Arrest and Charging. Being arrested and formally charged with a crime is not something anyone wants to experience. Whether this is your first brush with the law or not, knowing what to expect during arrest and charging in Missouri can help you stay calm and make the best decisions to protect yourself.
What Leads to an Arrest?
An arrest typically happens when law enforcement has probable cause to believe that you’ve committed a crime. This might stem from direct observation, a police investigation, or a report by someone else. Probable cause means that the police have enough evidence to reasonably believe you were involved in criminal activity.
- On-the-spot arrests: These happen when police witness a crime or arrive at the scene while a crime is in progress. For example, if officers respond to a disturbance and find drugs in plain sight, they may arrest the person found in possession of the substances.
- Warrant-based arrests: In more serious cases, often those involving felonies, police may secure an arrest warrant from a judge based on evidence collected during an investigation.
Whether you knew about the warrant, expected it, or had no idea you were possibly involved in a crime, you need to remain calm and avoid resisting. Resisting can lead to additional charges, making your situation worse.
Remember, you have the right to remain silent and the right to speak to an attorney before answering any questions, and the right to have an attorney present when you’re questioned by law enforcement.
It’s best to contact an attorney as soon as possible in the process. If you know you have a warrant for your arrest, contact a Missouri criminal defense lawyer before turning yourself in. If you were not aware you would be arrested, specifically state to law enforcement that you are exercising your rights and call an attorney immediately.
Booking Process: What to Expect
After your arrest, you’ll be transported to a police station or detention facility for booking. Booking is a process that involves:
- Taking your fingerprints
- Photographing you (this is your mugshot)
- Recording your personal information (such as your name, date of birth, and address)
- Logging the charges that have been brought against you
During this time, law enforcement may try to ask you questions to gather more information. However, anything you say during booking could be used against you in court. This is why it’s important to assert your right to remain silent until you have an attorney present. Police are even allowed to lie to you to elicit a confession.
The Formal Charging Process: What Happens Next?
After you’ve been booked, the prosecutor will review the case to determine what charges, if any, will be formally brought against you.
- Misdemeanor charges: These are for less serious crimes and can include offenses like minor drug possession, petty theft, or vandalism. Misdemeanors typically carry lighter penalties, such as fines or shorter jail sentences (the maximum time spent in jail for a misdemeanor is one year).
- Felony charges: Felonies are more serious crimes, such as assault, burglary, or drug trafficking. Felonies often come with harsher penalties, including longer prison sentences and significant fines.
It’s important to note that being arrested doesn’t mean you’ve been charged. While it’s law enforcements job to investigate crimes and gather evidence, it is the prosecutor’s job to determine if the evidence is sufficient to convict you. Depending on the circumstances, they may decide not to charge you, charge you with a lesser crime, or proceed with the most serious charges possible.
Your Rights During Arrest and Charging in Missouri
Throughout the arrest and charging process (and beyond), you have several critical constitutional rights. These rights are there to protect you and ensure you’re treated fairly under the law. Here are some of the most important rights to keep in mind:
- The right to be informed of charges (Miranda Rights): When you are arrested, law enforcement must inform you of the charges against you and your rights, including the right to remain silent and the right to an attorney.
- The right to due process: You are entitled to a fair legal process, including a timely arraignment (where charges are formally presented) and the opportunity to be heard in court.
- The right to a phone call: In Missouri, after being arrested, you generally have the right to make two phone calls (use one to contact a criminal defense attorney).
- The right to reasonable bail: In most cases, you are entitled to request bail, which allows you to be released from custody while awaiting trial, unless the court determines you are a flight risk or a danger to others.
What is Bail, and How is it Set?
Once you’re arrested and charged, you will likely have the opportunity to post bail to secure your release while awaiting trial. Bail is a sum of money or property that acts as collateral to ensure you return for your court dates. If you attend all required court appearances, the bail money will be refunded, but if you fail to show up, you risk losing the money and potentially facing more legal trouble.
The amount of bail is determined by the judge during your initial court appearance, which typically takes place within 24 hours of your arrest. According to Missouri Revised Statute §544.676, the judge will consider factors like:
- The seriousness of the charges
- Whether you pose a flight risk
- Your criminal history, if any
In some cases, the judge may decide to release you on your own recognizance—meaning you don’t have to pay bail—as long as you promise to attend future court hearings. On the other hand, if the charges are very serious, the judge may deny bail altogether.
What Should You Do If You’re Arrested?
If you or someone you know has been arrested, you need to take the right steps to protect your rights and build a strong defense:
- Remain Calm: Resisting or arguing with law enforcement will only make the situation worse.
- Exercise Your Right to Remain Silent: Do not answer any questions about the case without consulting an attorney.
- Call a Criminal Defense Attorney: An experienced defense attorney can help you navigate the complexities of the legal system and work to secure the best possible outcome for your case.
How Can a Missouri Criminal Defense Attorney Help?
At Combs Waterkotte, our experienced criminal defense attorneys have handled thousands of cases just like yours, and we’re available 24/7 to help you in your time of need. We’ll fight tirelessly to:
- Review the evidence: We’ll analyze the police reports, witness statements, and any available video footage to identify weaknesses in the prosecution’s case.
- Negotiate with prosecutors: In many cases, we can work with the prosecution to reduce or dismiss charges.
- Protect your rights: If your rights were violated during the arrest or investigation, we’ll file the necessary motions to challenge the legality of the evidence against you.
If you’ve been arrested or charged with a crime in Missouri, call Combs Waterkotte today at (314) 900-HELP or contact us online. Our experienced criminal defense attorneys are ready to fight for your rights and help you through this challenging time.
