The Felony Process in Missouri

If you've been charged with a felony in Missouri, the court process can be very confusing. This article lays out the steps that the case takes and what happens at each step. The timing of the steps may vary slightly from judicial circuit to judicial circuit.

A felony case in Missouri is triggered by the filing of a probable cause affidavit by a police officer. This can happen with a person already in custody or not in custody. The officer submits the probable cause affidavit to the prosecuting attorney. The probable cause affidavit gives a synopsis of what the officer believes the facts of the case are, as well as what charges he believes should be filed. He also lays out any reasons he believes the accused will not appear on summons, such as prior criminal charges or a history of flight. The prosecuting attorney then decides whether or not to request a warrant. The prosecutor has two options here- he may request the warrant or request a summons. If the prosecutor requests a warrant, he must present both the probable cause affidavit and the request for the warrant to a judge. He also requests what bond amount he believes should be set. The judge then decides whether, based on the probable cause affidavit, a warrant should be issued and sets the bond. If the judge issues the warrant, it will be entered into the computer system and officers will begin looking for the accused to arrest him. If the judge declines to issue a warrant, the prosecutor will file the charges with a summons. If the accused is already in custody, the charges must be filed within 24 hours.

The next step is triggered either by the decision to proceed on summons or the arrest of the accused. If the prosecutor proceeds on summons, he will file a felony complaint with the court and a summons to appear in court for arraignment will be sent to the accused's address of record. Alternately, if an arrest warrant is issued then the felony complaint will be filed within 24 hours of arrest. The person must then be brought before a judge as soon as is practicable for arraignment. Arraignment is the formal reading of the charges to the defendant, including the range of punishment for the charge or charges. The judge then inquires of the defendant whether they plead guilty or not guilty. In felony cases, the plea is almost always not guilty at the initial appearance. Arraignment can be waived in writing by the defendant or the defendant's attorney. At the arraignment, the judge will inquire as to who the defendant's attorney is. If the defendant indicates they cannot hire an attorney, the judge will give instructions as to how to apply for public defender services. If the defendant does not have an attorney, the judge will give a date for the defendant to reappear with an attorney.

After an attorney files an entry of appearance in the case, the cause will be set for preliminary hearing. The defense attorney can also file a motion for bond reduction at this time if the defendant is still in jail. The preliminary hearing is a probable cause hearing where the state puts on evidence. The associate judge determines based on this evidence whether there is probable cause to believe a felony occurred and the defendant committed it. The judge does not evaluate the credibility of the witnesses- for purposes of this hearing only, the judge assumes everything the witness says is true. If the judge determines that there is not probable cause, the defendant is discharged, meaning the charges are dismissed by the court. The prosecutor has the option of refiling the charges and starting the process over. If the judge finds there is probable cause, he "binds over" the case to circuit court.

After the cause is bound over, the Defendant will receive another court date for arraignment in circuit court before a circuit judge. Before this court date the prosecutor will file a felony information. The information will be much the same as the complaint that was filed in associate court. At the circuit arraignment, the defendant will again enter a plea. If there is a plea agreement in place with the prosecutor, often the defendant will enter a guilty plea at the circuit arraignment. This is not the only time a guilty plea can be entered, however- a defendant can appear before a judge at any time, including during a trial, and change their plea to guilty. If the Defendant enters a not guilty plea, the case will be set for trial. The defense attorney will then begin filing pretrial motions, such as motions to suppress and a request for discovery. The request for discovery must be filed within ten days of arraignment and be answered within ten days of filing. The discovery will contain all of the information about the case the prosecutor possesses, including police reports and witness statements. The prosecutor will also request disclosure, and the defense attorney must furnish this within ten days of the request.

This is a very condensed overview of the process and details may vary slightly. The most important thing to do if you are charged with a felony is to educate yourself regarding how the system works and find an attorney you trust.