Accused of a Crime in Missouri? Here’s What to Expect
Facing criminal charges in Missouri can be intimidating, but understanding the legal process is the first step toward protecting your rights. Whether you’ve been arrested or cited, knowing what to expect from the Missouri criminal justice system can help you navigate the road ahead with more confidence.
1. Arrest or Citation: Based on Probable Cause
In Missouri, law enforcement officers can arrest you or issue a summons (ticket) if they have probable cause—meaning reasonable grounds to believe you committed a crime. This decision sets the legal process in motion, but it is not a formal charge.
As soon as you know you are being accused of a crime, it is essential that you choose the right attorney for you as soon as you can.
2. Probable Cause Statement & Criminal Charges
After an arrest or citation, the officer usually completes a probable cause statement—a sworn summary of the evidence. A Missouri prosecutor then decides whether to submit formal charges in court based on that statement.
3. Bond and Pretrial Conditions in Missouri
Once charges are filed, you’ll be placed on bond—which determines whether you stay in jail or are released while your case proceeds. In Missouri, bond may include:
- A personal recognizance bond (your promise to appear in court),
- Monetary bond, or
- Conditions of supervision (such as “no alcohol,” GPS monitoring, or drug testing).
In some serious cases, the court can deny bond entirely.
4. Arraignment: First Court Appearance
At your arraignment, the court will inform you of the charges and advise you to plead “not guilty”—even if you are considering a plea deal later. This plea protects your rights and gives your Missouri defense attorney time to review the case and build a defense.
5. Probable Cause Review: Grand Jury or Preliminary Hearing
If you’re charged with a felony in Missouri, the state must determine whether there is probable cause to move forward. This happens in one of two ways:
- Grand Jury: The prosecutor presents evidence behind closed doors. You and your lawyer are not allowed to participate.
- Preliminary Hearing: You and your attorney can be present, question witnesses, and present your own evidence. A judge then decides whether probable cause exists.
Most cases proceed past this stage because the standard of proof is extremely low.
6. Discovery and Depositions in Missouri Criminal Cases
During discovery, your attorney gains access to the prosecution’s evidence, such as:
- Police reports
- Body cam or dash cam footage
- Witness names and statements
- Physical or digital evidence
In Missouri, discovery includes depositions—a key defense tool. Your attorney can subpoena witnesses to testify under oath before trial, helping to evaluate or challenge the prosecution’s case.
7. How Missouri Criminal Cases End: Dismissal, Plea, or Trial
Criminal cases in Missouri end in one of three ways:
- Dismissal: The prosecutor may drop charges if the evidence is weak.
- Plea Deal: You may plead guilty to the original charge or a lesser offense (e.g., peace disturbance instead of felony assault).
- Trial: If no plea is reached, your case will go to trial. A jury, or sometimes a judge (if you waive a jury), decides your guilt based on the evidence.
Missouri prosecutors may offer more favorable plea deals if they’re concerned about losing at trial. A skilled defense attorney can help you negotiate the best possible outcome—or fight the charges in court.
Charged with a Crime in Missouri? Get Legal Help Now.
Whether you’re facing a misdemeanor or felony, having a knowledgeable Missouri criminal defense lawyer on your side is critical. An experienced attorney can:
- Review the evidence against you
- Challenge and refute that evidence
- Represent you in court and negotiations
- Protect your rights throughout the process
- Try your case to a jury
Contact a Missouri criminal defense attorney from James Law Group today to schedule a consultation and begin building your defense. Don’t face the system alone—know your rights, understand the process, and take action.