If you were arrested for a felony in Kansas City, Missouri, understanding what to expect can help you prepare for the legal process and protect your rights. From booking and bond to court appearances and potential penalties, the steps that follow a felony arrest can feel overwhelming.
At Combs Waterkotte, we are committed to protecting our clients’ best interests and peace of mind as their criminal case unfolds. Call our Kansas City felony defense lawyers today at (314) 900-HELP for your free case evaluation.
Blog Summary
This blog explains what happens after you’re arrested for a felony in Kansas City including:
- What happens immediately after a felony arrest
- What happens during booking after a felony arrest
- What you should do after being arrested
- How felony charges are filed in Kansas City
- What probable cause determination is
- How bond works after a felony arrest
- What factors affect bond in Kansas City
- What happens after a first court appearance
- What an arraignment is in a Missouri felony case
- How a Kansas City felony defense lawyer can help you
What Happens Immediately After a Felony Arrest in Kansas City?
Law enforcement can execute a felony arrest either through a warrant issued by a judge or through probable cause. This could include being caught at a traffic stop, during a violent disturbance or an active investigation.
You will be taken to a local detention facility such as the Jackson County Detention Center. If you are arrested for a felony in Kansas City, Missouri your case will enter the 16th Judicial Circuit Court of Missouri. If you are arrested without a warrant then police can only hold you for a maximum of 24 hours.
You must be released at the end of the 24 hours, unless a prosecutor has filed formal felony charges and a judge has signed an arrest warrant. It is important to keep in mind, however, that the prosecutor can still file felony charges later and issue a warrant for your arrest.
What Happens During Booking After a Felony Arrest?
During booking, the following steps will take place:
- Your personal information will be recorded: Officers will document identifying information, such as your full name, date of birth, address, and other relevant details.
- Your fingerprints will be taken: Law enforcement will collect your fingerprints to verify your identity and check for existing criminal records or outstanding warrants.
- Your mugshot will be taken: Officers will photograph you for identification and recordkeeping purposes as part of the booking process.
- Your personal property will be inventoried: Officers will document and secure belongings in your possession, such as your wallet, keys, and other personal items, while you remain in custody.
What You Should Do After Being Arrested?
The steps you take immediately after a felony arrest in Kansas City, Missouri, can affect your rights and the outcome of your case:
- Invoke your right to remain silent: Politely state that you are exercising your right to remain silent and do not want to answer questions without your attorney present.
- Request a criminal defense lawyer immediately: Clearly ask for an attorney and avoid discussing the allegations with law enforcement before receiving legal advice.
- Avoid discussing your case over the phone or online: Be cautious about jail calls, text messages, social media posts, and messages to friends or family that could be recorded, preserved, or used as evidence.
- Do not consent to searches without legal advice: If officers ask for consent to search your property or belongings, you can clearly state that you do not consent. Do not physically resist officers or interfere with a search.
- Do not lie to law enforcement: Avoid providing false information or making statements you cannot verify. You can exercise your right to remain silent instead of answering investigative questions.
- Follow all instructions regarding bond and release: If you are released, carefully review any court-imposed conditions and comply with requirements such as appearing in court and avoiding prohibited contact.
- Preserve potentially relevant evidence: Keep relevant messages, photographs, documents, and other records. Do not delete, alter, or destroy anything that may relate to the allegations.
- Avoid contacting alleged victims or witnesses about the case: Such contact could create additional legal problems, particularly if a court order prohibits communication.
How Felony Charges are Filed in Kansas City
Felony charges are filed in the prosecutor’s office, such as the Jackson County Prosecutor’s Office and initiated in state court, in this case, the 16th Judicial Circuit Court of Missouri.
Depending on the circumstances of the case, felony charges in Kansas City may be initiated through one of the following legal processes:
- Felony complaint: A prosecutor may file a complaint alleging that a person committed a felony. The complaint outlines the allegations and must be supported by a statement of probable cause.
- Grand jury indictment: Alternatively, a grand jury may review evidence and determine whether there is sufficient basis to issue an indictment charging the defendant with a felony.
- Initial arrest and booking: A person may be arrested and booked before formal charges are filed. An arrest alone does not establish guilt, and the charges ultimately pursued may differ from the initial allegations.
- First court appearance (arraignment): After an arrest, the defendant generally appears before a judge, who may address the allegations, legal representation, and release conditions. The timing and specific procedures depend on the circumstances.
- Preliminary hearing: When felony proceedings begin with a complaint, a preliminary hearing generally determines whether probable cause supports proceeding with the case, unless the defendant waives the hearing or an exception applies. A preliminary hearing is not required when the prosecution proceeds by grand jury indictment.
An experienced Kansas City felony defense lawyer can explain the charges, help you understand your rights, and advise you about the next steps in your case.
What Is a Probable Cause Determination in Missouri?
Probable cause is a legal standard used to determine whether sufficient facts and circumstances support a reasonable belief that a crime has been committed and that a particular person may be responsible.
Probable cause may be evaluated by different parties during the early stages of a criminal case, depending on the circumstances:
- Law enforcement officers: Officers may assess probable cause when deciding whether to make an arrest without a warrant or when seeking a warrant.
- Judges: Judges review applications for arrest and search warrants and may evaluate probable cause during court proceedings, including preliminary hearings in felony cases initiated by complaint.
- Prosecutors: Prosecutors review police reports, witness statements, and other available evidence to determine whether to pursue criminal charges. Their charging decisions are separate from a judge’s independent determination of probable cause.
For example, during a traffic stop, an officer may observe that a driver has slurred speech, smells of alcohol, and struggles to maintain balance. Along with other relevant observations, these facts may support probable cause to believe the driver is impaired. However, the determination depends on the totality of the circumstances and the specific facts available to the officer.
A probable cause determination does not mean that a person is guilty of a crime. It means there is a sufficient legal basis for a particular step in the criminal process. A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
How Bond Works After a Felony Arrest
Bond works through a multi-step process involving booking, a judge’s review, and a financial or non-monetary release agreement.
- How the judge sets bond: The judge will evaluate the severity of the felony charges, your criminal record and whether you are a flight risk or a danger to the community.
- Types of bond available: You can be released without paying money, based on a signed promise to return to court, you may be required to pay the full amount of the bond directly to the court, a bondsman can post the full bond in exchange for a non-refundable fee, real estate or property located in Missouri can be pledged to the court as collateral.
- Conditions of release: A judge may attach strict conditions such as travel restrictions, no-contact orders, weapons restrictions or GPS monitoring or mandatory drug testing or alcohol monitoring.
- What happens if rules are broken: If for example you miss a court date or break a release condition, this will trigger an immediate bench warrant for your arrest, it will forfeit your bond money or collateral and you will potentially face new criminal charges for failing to appear.
A cash bond can be returned only after an entire criminal case has concluded and all court appearances have been satisfied.
What Factors Affect Bond in Kansas City
When determining whether to release someone after a felony arrest in Kansas City, Missouri, a judge considers the circumstances of the alleged offense, the defendant’s background, and any potential risks associated with release. Under Missouri law, the court evaluates several factors when deciding what bond or release conditions may be appropriate, including:
- Severity and circumstances of the alleged offense: The nature of the charges and the circumstances surrounding the alleged crime may influence the court’s decision.
- Strength of the available evidence: The court may consider the weight of the evidence against the defendant when evaluating release or detention.
- Criminal history: Prior convictions and certain recent offenses may affect the court’s assessment of the defendant’s circumstances and potential risks.
- Risk of failing to appear in court: A history of missed court dates, prior attempts to avoid prosecution, or other relevant circumstances may influence whether the court believes the defendant will return for future proceedings.
- Potential danger to others or the community: The court considers whether releasing the defendant could pose a risk to an alleged victim, witnesses, other individuals, or the community.
- Ties to the community: Factors such as family relationships, employment, and the length of time the defendant has lived in the area may help the court assess the defendant’s circumstances.
- Financial resources and ability to pay: The court must consider the defendant’s financial circumstances when evaluating monetary release conditions.
- Current probation, parole, or pretrial release status: Whether the defendant was already on probation, parole, or release in another case when the alleged offense occurred may also be relevant.
What Happens After a First Court Appearance
After a first court appearance, your case will move through several different stages, including:
- Bond and custody review: A judge will set your conditions of release and if bond is not posted or if release is denied, you will remain in jail while your case is pending.
- Appointment of counsel/representation: If you do not hire a private criminal defense attorney, the judge will appoint the Missouri State Public Defender.
- The preliminary hearing (for felony complaints): If your felony case was initiated by a prosecutor’s felony complaint, you have the right to a preliminary hearing in the Associate Circuit Court.
- Circuit court arraignment/ formal plea: After the case is transferred to the Circuit Court (or following a grand jury indictment), a formal arraignment occurs.
- Pretrial phase (discovery and motions): Prosecutors will turn over police reports, witness statements, video footage and other evidence to the defense. Attorneys will file pretrial legal motions, such as motions to suppress illegally obtained evidence. The prosecution and defense may also negotiate a plea agreement.
- Trial or resolution: If no plea agreement is reached, the case proceeds to a jury trial or bench trial. Your guilt will have to be proven “beyond a reasonable doubt.” If you are convicted, your case will move to sentencing (where probation, fines or imprisonment will be determined by the judge.
What an Arraignment is in a Missouri Felony Case
An arraignment is a court proceeding in which a defendant is formally informed of the criminal charges against them and enters a plea. In a Missouri felony case, arraignment generally takes place in the Circuit Court after a case proceeds beyond the preliminary hearing stage or following a grand jury indictment.
During arraignment, the judge will confirm the charges and ensure the defendant understands the proceedings. The defendant will typically enter one of the following pleas:
- Not guilty: The defendant contests the charges, and the case proceeds through the criminal court process.
- Guilty: The defendant admits to the offense charged, subject to the court’s procedures for accepting the plea.
- Nolo contendere (no contest): Where permitted and accepted by the court, the defendant does not contest the charge without formally admitting guilt.
If you are facing felony charges in Kansas City, having a criminal defense attorney can help you understand the charges, evaluate your options, and make informed decisions about how to proceed. An attorney can also appear on your behalf when permitted by the court and applicable rules.
How a Kansas City Felony Defense Lawyer can Help You
When you are facing felony charges in Kansas City, hiring the right felony defense lawyer is important for the success of your case.
The right legal advocate will:
- Protect your constitutional rights: Your lawyer will make sure that police respect your Fourth Amendment rights during searches and seizures and ensure you don’t incriminate yourself during questioning.
- Investigate the evidence: Your legal team will gather body-camera footage, police reports, medical files, digital records, witness statements and more and look for inconsistencies in the state’s case.
- Challenge illegal stops and searches: If an illegal stop or search was conducted, your lawyer can file a motion to suppress evidence, which may lead to reduced or dismissed charges.
- Attack elements of the crime and intent: Prosecutors must prove every element of a felony, including the required mental state, beyond a reasonable doubt.
- Negotiate reductions or alternative resolutions: A lawyer may be able to get your felony classification reduced or explore a diversion program on your behalf.
- Represent you at trial: Obtaining a trial-ready defense lawyer is important so that he is prepared for jury selection, cross-examination and opening and closing arguments.
Protect Your Freedoms and Future—Contact Our Kansas City Felony Lawyers Today
If you were arrested for a felony in Kansas City, you need to act promptly to protect yourself.
Our felony defense team at Combs Waterkotte is prepared to identify every weakness in the state’s case. At each step of your case, we will fight to uphold your constitutional rights.
For a free consultation with our Kansas City felony defense lawyers, call our office at (314) 900-HELP today.
