The criminal proceedings process in St. Louis or elsewhere in Missouri can be complicated. The consequences of a criminal conviction can be severe, no matter if this is your first offense or you have a record. Understanding the stages of a Missouri criminal case is crucial for anyone involved in the legal process.
Combs Waterkotte, the leading criminal defense law firm in St. Louis and throughout Missouri, is here to assist you every step of the way. Call our experienced attorneys immediately at (314) 900-HELP or contact us online to schedule a no-obligation case review where you can discuss the specifics of your case and get expert guidance on your next steps. Our specialized criminal defense lawyers based in St. Louis have a combined 40 years of experience handling cases throughout Missouri just like yours. You deserve that kind of knowledge fighting for you.
Criminal Proceedings Process / Stages in a Missouri Criminal Case
When a local St. Louis or Missouri prosecutor brings charges against you for an alleged offense, they are required to follow specific rules under criminal procedure. There are typically eight steps in the process, although the following list is not exhaustive – each case is unique so some will require fewer steps; others may take more.
One thing is for sure, though: You can rest assured that the Combs Waterkotte legal defense team will make sure these steps are followed to protect your constitutional rights, your family, and your future.
The 8 Stages of a Missouri Criminal Case
1. Arrest & Booking
Criminal cases typically begin with your arrest. Law enforcement officers can arrest you if they have probable cause to believe that you committed a crime. You are taken to the police station for booking, which involves recording personal information, taking fingerprints and photographs, and logging charges.
2. Initial Appearance & Bail
After the booking process, you must be brought before a judge or magistrate of the court for an initial appearance, usually within 24 hours. During this hearing, the judge will inform you of the charges, your rights, and the possible penalties. The judge may grant bail, considering factors like the severity of the alleged offense and the likelihood that you’ll return to court throughout the case. In some more serious cases, the judge may order you to be held without bail or – in more minor offenses or if you have no criminal history – a judge may allow your release without bail or on your own recognizance.
3. Arraignment
This is your first appearance in court, where you are formally charged and asked to enter a plea of guilty, not guilty, or no contest. The Combs Waterkotte award-winning defense attorneys will always help prepare you for this daunting stage of the process. The judge will set dates for trial and other future proceedings, as well as deadlines for motions and other filings. Although our legal team will do everything in its power to keep your case from proceeding to trial by defending you, we are always prepared. Give our expert criminal defense lawyers a call right away at (314) 900-HELP or reach out to us online.
According to the American Bar Association, there are three conditions that must be present before a prosecutor charges a criminal case:
- A reasonable belief that the charges are supported by probable cause
- That admissible evidence will be sufficient to support your conviction beyond a reasonable doubt
- The decision to charge you is in the interests of justice
4. Preliminary Hearing
In felony cases, a preliminary hearing is necessary to determine whether there is sufficient evidence to proceed to trial. Here, the prosecution presents evidence and witnesses, and our skilled legal team can cross-examine witnesses and present our investigatory evidence. If the judge rules there is sufficient probable cause, your case will move forward. We aim to present enough contrary evidence to have your charges dismissed.
5. Pretrial Motions & Discovery
Prior to trial, the prosecutor and your defense attorney engage in the discovery process, exchanging evidence and witness lists. Both sides may also file motions to address various legal issues, like suppressing evidence, dismissing charges, or requesting a change of venue. This is also often the stage where plea negotiations occur.
Depending on specifics, the Combs Waterkotte 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 have the right to a speedy and public trial, in state and federal cases. Missouri allows for both bench trials and jury trials. The prosecution presents its case first and then we present our evidence, call witnesses, and make our arguments. The jury (or judge) will then deliberate and render a verdict of guilty or not guilty.
7. Sentencing
If you are found guilty, the judge will schedule a sentencing hearing. During this final hearing, the judge considers a variety of factors, including the severity of the crime, your criminal history, and any mitigating circumstances. The judge will then impose a sentence, which may include imprisonment, fines, probation, or community service.
8. Appeals
Following a conviction, you have the right to appeal the verdict or sentence. The process is handled by an appellate court. Your appeal must allege specific errors or abuses of discretion by the trial court. If significant errors are found, the conviction may be overturned or a new trial set.
Reach Out to an Expert St. Louis Criminal Defense Attorney Today to Learn the Stages in a Missouri Criminal Criminal Case | Combs Waterkotte
Understanding the stages of a criminal case in Missouri is crucial for anyone facing charges. By doing so, you can better prepare for each of the criminal proceedings processes and work toward a favorable outcome in your case.
Call the expert Combs Waterkotte St. Louis criminal defense lawyers now at (314) 900-HELP or contact us online for a free, no-strings-attached consultation.
