Legal Glossary

Arraignment

In criminal defense cases, "arraignment" refers to a court proceeding where the defendant is formally charged with a crime and is required to enter a plea (guilty, not guilty, or no contest) in response to the charges. The arraignment typically occurs after the defendant's arrest and initial booking process.

During the arraignment, the defendant appears before a judge, who reads the charges against them and ensures that the defendant understands their rights. The judge may also advise the defendant of the potential penalties associated with the charges.

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Diversion

Diversion programs offer an alternative approach to traditional criminal prosecution, providing individuals facing criminal charges with an opportunity to address underlying issues/root causes without going through the typical court process.

These programs aim to rehabilitate rather than punish individuals by offering counseling, treatment programs, or community service. This restorative justice approach recognizes that certain offenders, especially first-time or nonviolent offenders, may benefit more from rehabilitation and support than incarceration. It is also frequently used for juvenile offenders, as well as for alcohol and drug abuse and mental health.

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Expungement

"Expungement" in the context of criminal law is a legal process that results in the sealing or erasure of an individual's criminal record under certain circumstances. Once a criminal record is expunged, it is as though the crime never occurred, legally speaking. This means the individual can legally claim not to have a criminal record in most situations, such as when applying for a job or renting a house. You can request expungement for no more than 3 felony offenses, and no more than 5 misdemeanor or ordinance violations. Some serious offenses are not eligible for expungement. Before you can file for expungement, you must have paid all fines, finished all of your probation and parole, and wait for 3 years after a felony conviction and 1 year after a misdemeanor conviction. To expunge a crime, you must file a petition with the county court where they were originally charges and convicted. The petition should include details about the offenses to be expunged and evidence that the individual meets the criteria for expungement. After filing, the court will set a hearing date. Notice of the hearing must be served to all entities involved in the arrest, charging, or convictions of the offenses listed in the petition. People named in the petition have 30 days to object to the expungement. The court will consider various factors, including the nature and severity of the offense, the individual's criminal history, and their conduct since the offense. Once granted, the expungement effectively erases the offense from your record. It allows you to answer 'no' to questions about criminal history in most situations (you still must disclose it to some groups, such as government agencies).

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Grand Jury

A "Grand Jury" is a legal body empowered to conduct official proceedings to investigate potential criminal conduct and determine whether criminal charges should be brought. Unlike a trial jury, which determines guilt or innocence in a criminal trial, a grand jury decides whether a crime was committed and whether there is probable cause to believe the suspect committed the crime.

Important aspects of the grand jury process in Missouri include:

• Composition and Selection: A grand jury is typically composed of 12 jurors, selected from the same pool as trial jurors. These individuals are chosen to represent a cross-section of the community.
• Function: The primary role of a grand jury is to review evidence presented by the prosecutor to determine if there is sufficient cause to charge an individual with a crime. It acts as a check on the government, ensuring that prosecutors have enough evidence before proceeding with a criminal case.
• Proceedings: Grand jury proceedings are conducted in private, maintaining confidentiality. This secrecy protects the accused's reputation in case the jury decides not to indict, and it encourages witnesses to speak freely without fear of retaliation.
• Decision-Making: The decision of a grand jury does not require unanimity like in a jury trial. In Missouri, nine out of the 12 jurors must agree to return an indictment.
• Indictment: If the grand jury finds that there is probable cause, it issues an indictment, formally charging the individual with a crime. If the grand jury does not find sufficient evidence, it returns a "no bill," and no charges are filed.
• Scope of Investigation: Grand juries have broad powers to investigate criminal activity. They can subpoena documents, require witnesses to testify, and take other actions to gather evidence.
• Protection Against Arbitrary Prosecution: By requiring that a grand jury review evidence before significant charges like felonies are filed, the system ensures that citizens are protected against unfounded or arbitrary criminal accusations by the state.

The grand jury system provides an impartial review of the government's evidence before a person can be brought to trial for serious crimes. This process upholds the principle of fairness and the rights of individuals, ensuring that the power of the state to prosecute is balanced with the protection of citizens from unjust accusations.

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Indictment

"Indictment" is a formal charge issued by a grand jury, stating that there is enough evidence to believe that a crime has been committed and that a trial should be held. In indictment is the formal accusation of a crime by the state. The process begins with a grand jury, which is different from a trial jury. A grand jury is composed of citizens called to review evidence presented by the prosecutor. Their role is not to determine guilt or innocence, but to decide whether there is probable cause to believe that a crime was committed and that the accused person committed it. This is a preliminary step, and the standard of proof is lower than the "beyond a reasonable doubt" standard required for conviction at trial. During grand jury proceedings, the accused person does not have the right to present a defense or even to be present. The proceedings are typically secretive, with only the jurors, the prosecutor, and the witness in the room. If the grand jury finds sufficient evidence, it issues an indictment, formally charging the individual and moving the case forward to trial. An indictment formally sets the criminal legal process in motion against a suspect. It ensures that serious criminal charges are not based solely on a prosecutor's discretion but are reviewed and supported by an impartial body. This process upholds the principle of fairness in the legal system, ensuring that a person is not subjected to public trial without a preliminary evaluation of the evidence against them.

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Jury Selection

Called voir dire (French for “speak the truth”), jury selection is used to determine a person’s suitability to serve on the jury. An individual is eligible for jury service if they are over the age of 21; a resident of the city or county sending the summons; and able to read, speak, and understand English. An individual is not eligible for jury service if convicted of a felony; in the active military; a judge; or an individual the court or attorneys find incapable because of mental or physical illness. There are numerous reasons to be excused from jury service, and attorneys may exclude a certain number of individuals without giving a reason.

Courts use the Missouri voter lists as a source of prospective jurors. However, if voter lists alone fail to provide a representative cross section of the relevant community, courts use other sources – such as licensed drivers in the specific district – in order to comply with 28 U.S. Code § 1861 (The Jury Selection and Service Act).

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Juvenile Delinquency

"Juvenile Delinquency" in Missouri refers to the participation in illegal behavior by a person who is under the age of 18. In the state's legal system, juvenile offenders are treated differently from adults, emphasizing rehabilitation over punishment. The aim is to redirect these young individuals onto a more positive path, rather than subjecting them to the harsher consequences of the adult criminal justice system. When juveniles are caught breaking the law in Missouri, they are taken into custody and turned over to family court. If the juvenile is taken into detention they have a right to a hearing within 3 days. A juvenile officer will be assigned to the case and will decide how to proceed. A hearing will be held in family court, where the juvenile has a right to an attorney, a right to plead "not guilty," and a right to a trial in front of a judge. If the juvenile is found guilty, the judge will decide what happens. They may send the juvenile home to custody of their parents with court ordered visits by the juvenile officer, or they may be sent to a group home, foster home, or other institution. Community service, fines, and restitution to the victim may also be imposed.

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Miranda Rights

Your Miranda Rights, also known as Miranda warnings, come from the Supreme Court’s decision in Miranda v. Arizona stating that if the police want to question you in police custody, they must apprise you of your constitutional protections. These include:

• You have the right to remain silent
• Anything you say can and will be used against you in a court of law
• You have the right to an attorney
• If you cannot afford an attorney, one will be appointed for you

You must clearly and unequivocally invoke your right to remain silent and your right to an attorney. You should say: “I’m invoking my right to remain silent” or “I wish to remain silent” as well as “I’m invoking my right to an attorney” or “I want to speak with my attorney.”

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Plea Bargaining

"Plea Bargaining" refers to a legal negotiation process between the defendant and their attorney and the prosecutor in a criminal case. Typically, the defendant agrees to plead guilty to a lesser charge, or to only one of multiple charges, in exchange for a more favorable outcome. This practice can significantly aid defendants by reducing their potential sentencing risks, limiting the charges they face, and often leading to a lighter sentence than what might result from a trial. Plea bargains also provide defendants with a clearer understanding of the likely outcome, offering a sense of control and certainty in what can be an unpredictable legal process. In plea bargaining, the defense lawyer and the prosecutor negotiate an agreement, which must then be approved by a judge. This approach is particularly beneficial in cases where the evidence against the defendant is strong, making the chances of acquittal low. It allows defendants to conclude their cases more quickly and often with a lesser penalty than they might face if convicted at trial. Courts see plea bargains as contracts. So, if a defendant breaks the plea bargain, it's considered a breach of contract and the prosecution will no longer be bound by the deal.

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Preliminary Hearing

Also referred to as a probable cause hearing, this is a hearing held by the court to determine if there is enough evidence to justify a trial. This hearing occurs after a defendant enters a plea of not guilty – either within 14 days if the defendant is held in jail or within 21 days if out on bail. Preliminary hearings are not required, and the defendant can choose to waive it.

The two key questions answered during a preliminary hearing are:

1. Is there probable cause to believe the alleged crime occurred, and did it occur with the court’s jurisdiction?
2. Is there probable cause to believe that the defendant committed the crime?

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Probable Cause

Law enforcement officers need an adequate reason, or probable cause, to make an arrest, conduct a search, or seize someone’s property. This legal requirement exists due to the Fourth Amendment protection against “unreasonable searches and seizures.” Probable cause exists when a police officer knows of facts or circumstances that would lead a reasonable person to believe a crime has been, or is going to be, committed. It is more than mere suspicion.

Probable cause is twofold in criminal law:

1. As already stated, law enforcement must have probable cause before they search an individual or property, and before they make an arrest.
2. The court must find probable cause to believe the defendant committed the crime in a preliminary hearing.

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Search and Seizure

"Search and Seizure" in criminal law is the process where law enforcement officers inspect a person's home, vehicle, or business to find evidence of a crime. A "search" involves officers examining an individual's property, thoroughly looking for specific items connected to a suspected crime. During this process, if officers find items they believe are evidence, they may perform a "seizure," which is taking possession of these items. The Fourth and Fourteenth Amendments of the U.S. Constitution govern this practice, mandating that any search and seizure must be reasonable to be lawful. To ensure this reasonableness, law enforcement officers are usually required to obtain a search warrant from a judge. This warrant must specify the location and the person to be searched, as well as what items may be seized. However, in urgent situations, such as when there's an immediate threat to public safety or a risk of evidence being destroyed, officers may conduct a search without a warrant. This constitutional framework is designed to balance the state's interest in enforcing the law and preventing crime with the individual's right to privacy and protection from arbitrary government intrusion. Evidence obtained through unreasonable or unlawful searches and seizures can be excluded from court proceedings, a principle known as the exclusionary rule, which serves to uphold the integrity and fairness of the judicial process.

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Statute of Limitations

In Missouri, the "Statute of Limitations" sets time limits for how long the state has to file criminal charges against a suspect. Different charges have different statutes of limitations. These limits help preserve the integrity of evidence, including witness testimony and physical evidence. They also ensure that individuals are not indefinitely subjected to the fear of prosecution for less serious offenses.

Under Missouri law (Missouri Revised Statutes §556.036 and §556.037), the statute of limitations depends on the classification of the crime:

Felonies:

Murder, rape, sodomy, or any Class A felony: No statute of limitations (meaning, the state can always file charges for these crimes).

Arson or knowingly burning or exploding: 5 years.

Other felonies: 3 years.

Misconduct by a public official or employee: Any time while the suspect is in office or employed, or within 2 years afterwards, but not more than 3 years in total.

Intentional and willful fraudulent claim of owed child support made to a public servant: One year after discovery but no more than 3 years.

Misdemeanors: 1 year.

Crimes in Which a Child Is a Victim: Sexual offenses involving a person 18 years of age or younger have no statute of limitations.

Other Infractions: (punishable by fine, forfeiture, or other civil penalty, not jail time) 6 months.

There are also specific conditions under which the statute does not run (meaning, no time is counted against the time limit):

• The accused is absent from the state
• The accused is hiding from justice, either within or outside the state
• The case is pending in the state
• The accused lacks the mental fitness to proceed with a trial
• After a DNA profile is developed until the accused is identified as a match to the DNA profile

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Subpoena

A subpoena, or witness summons, is a written order forcing an individual to testify on a particular subject, most often before a court, but occasionally in other proceedings. It must be delivered in person and usually requires the individual to appear at a specific place, date, and time to provide testimony as a witness. Failure to show may be seen as contempt, punishable by fine and/or imprisonment.

There are two common types of subpoenas:

1. Subpoena ad testificandum: Orders an individual to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person.
2. Subpoena duces tecum: Orders an individual or organization to bring physical evidence before the ordering authority or face punishment. This type is often used for requests to mail copies of documents to the requesting party or directly to court.

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Suspended Execution of a Sentence

"Suspended Execution of Sentence" (SES) is a sentencing alternative used in the criminal justice system. This option comes into play after a defendant has been found guilty or has entered a guilty plea. Unlike Suspended Imposition of Sentence (SIS), with SES, the judge actually hands down a sentence but then suspends its execution, meaning the defendant doesn’t immediately serve the sentence under certain conditions.

The court imposes a sentence following a conviction or guilty plea, but then suspends the execution of that sentence. This suspension is contingent upon the defendant fulfilling specific conditions. The defendant is usually placed on probation. During this probation period, they must comply with conditions set by the court, which can include things like reporting to a probation officer, abstaining from illegal activities, undergoing treatment programs, or performing community service. The length of the probation period under SES can vary based on factors like the nature of the offense and the judge’s discretion.

In an SES, the conviction remains on the defendant’s criminal record, even during the probation period. This is a key difference from SIS, where the conviction is not entered if the defendant complies with probation terms. If the defendant violates the terms of probation, the court can order the execution of the originally suspended sentence. This could mean serving the original jail or prison time set forth in the sentence.

If the defendant successfully completes the probation period and meets all conditions, they can avoid serving the suspended sentence. However, the conviction typically remains on their record.

Suspended Execution of Sentence in Missouri is a tool that allows for rehabilitation and correction of behavior without immediate imprisonment, offering the defendant an opportunity to prove their ability to adhere to the law. It's particularly useful in cases where the court believes that the defendant is capable of rehabilitation or when the court wants to impose a sentence as a deterrent but is willing to give the defendant a chance to avoid serving time. However, the presence of the conviction on the defendant's record is a significant factor that differentiates SES from SIS.

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Suspended Imposition of a Sentence

"Suspended Imposition of Sentence" (SIS) is a sentencing option available in the criminal justice system, allowing a judge to delay the imposition of a sentence after a defendant has been found guilty or has pleaded guilty. The concept behind SIS is to give the defendant an opportunity to demonstrate good behavior and compliance with certain conditions set by the court. Essentially, it's a contract between a defendant and a district attorney, wherein the D.A. allows a defendant to take responsibility for a crime but not be penalized for it as long as certain conditions are met. It is especially common in DUI cases.

Under SIS, the court does not immediately impose a sentence after a guilty plea or verdict. Instead, the sentencing is postponed for a period of time. The defendant is typically placed on probation during this period. Probation may include various conditions, such as regular reporting to a probation officer, attending counseling, performing community service, maintaining employment, and avoiding further criminal activity. The period of SIS can last for a few months to several years, depending on the severity of the crime and the terms set by the court. If the defendant successfully completes the probation period and adheres to all the conditions set by the court, they may avoid a formal sentence. In some cases, the charges can be dismissed, which means the defendant would not have a conviction on their record.

If the defendant violates the terms of the SIS, the court can impose a sentence for the original offense. This could mean serving time in jail or prison, depending on the severity of the original crime. Under SIS, the defendant’s record may still show the arrest and the charge, but typically will not show a conviction during the probation period. If the terms of the SIS are successfully completed, the defendant may be able to have the record of the arrest and charge expunged.

Suspended Imposition of Sentence in Missouri is particularly beneficial for first-time offenders or those charged with minor offenses. It offers a chance for rehabilitation and allows individuals to avoid the full consequences of a criminal conviction if they demonstrate a commitment to lawful behavior and meet the conditions set by the court. However, it's important to note that the availability and specifics of SIS can vary depending on the nature of the offense and the discretion of the court.

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Trial Process

The trial process is a cornerstone of the legal system, ensuring that justice is administered fairly and transparently. A criminal trial typically follows these key stages:

• Arraignment: The defendant appears in court to be formally charged and enters a plea (guilty, not guilty, or no contest).
• Pretrial Motions and Hearings: Both parties may file motions to set the boundaries for the trial. These can include motions to suppress evidence, change venue, or dismiss charges.
• Jury Selection: In a jury trial, a group of jurors is selected through a process called voir dire, where they are questioned to ensure they can judge the case impartially.
• Opening Statements: Both the prosecution and the defense have the opportunity to present their case's overview to the jury.
• Presentation of Evidence: The prosecution presents evidence first, followed by the defense. This can include witness testimony, physical evidence, and expert opinions.
• Cross-Examination: Each side has the chance to question the other's witnesses to challenge their credibility and the evidence presented.
• Closing Arguments: Both sides summarize their cases, highlighting evidence that supports their arguments.
• Jury Instructions and Deliberation: The judge instructs the jury on the legal standards they must apply. The jury then deliberates in private, reaching a verdict based on the evidence.
• Verdict: The jury presents its decision - guilty or not guilty. In a bench trial (without a jury), the judge gives the verdict.
• Sentencing: If the defendant is found guilty, the judge determines the appropriate punishment based on legal guidelines and the specifics of the case.

Throughout the trial process, the defendant is granted rights, including the right to a fair and public trial, the right to be represented by an attorney, the right to remain silent, and the right to confront witnesses. The prosecution must prove the defendant's guilt "beyond a reasonable doubt" for a conviction, reflecting the high standard of proof required in criminal cases to protect individuals from wrongful conviction.

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Wanted for Questioning

Being wanted for questioning is far different from being accused of a crime. When police contact someone and say they are wanted for questioning or “we just want to clear the air” regarding so-and-so crime, it usually means they “think” the person is connected to that crime. However, there’s no proof. If there were proof, there would be a warrant for an arrest. This is precisely the importance of having a skilled defense attorney, like one with the St. Louis criminal defense legal team at Combs Waterkotte, by your side.

As your Miranda Rights so eloquently define: “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” If you’re wanted for questioning, let your lawyer help answer those questions.

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Warrant

A "Warrant" is a legal document issued by a court or magistrate that authorizes law enforcement officers to perform a particular act that would otherwise violate an individual's constitutional rights. Warrants are a fundamental part of the legal process, ensuring that certain actions by the police, such as arrests, searches, and seizures, are conducted within the bounds of the law.

There are different types of warrants in Missouri, each serving a specific legal purpose:

• Arrest Warrant: Issued when there's probable cause to believe an individual has committed a crime. It authorizes law enforcement to arrest and detain the person named in the warrant.
• Search Warrant: Allows law enforcement to search a specific location for evidence of a crime. The warrant must specify the place to be searched and the items sought. A judge must be convinced of probable cause for a search warrant to be issued.
• Bench Warrant: Typically issued when an individual fails to appear in court as required, violating court rules or a court order. It authorizes law enforcement to bring the individual to court.

Key aspects of the warrant process in Missouri include:

• Probable Cause Requirement: Before issuing a warrant, a judge must be convinced that probable cause exists. This means there must be a reasonable basis to believe a crime has been committed and that the person or place specified in the warrant is connected to the crime.
• Sworn Statements or Affidavits: Law enforcement officers seeking a warrant must provide a sworn statement or affidavit detailing the facts that establish probable cause.
• Specificity: A warrant must be specific about who is to be arrested or what location is to be searched, and what items are being sought in the case of a search warrant.
• Execution of Warrants: The manner in which warrants are executed is governed by law. For example, there are rules about when and how law enforcement can enter premises to carry out a search.

Warrants play a critical role in protecting citizens' rights in Missouri. They ensure that law enforcement actions are subject to judicial oversight, thereby preventing arbitrary or unjustified invasions of privacy and safeguarding individual freedoms.

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