What Do You Do If You Are On Trial For a Crime in Missouri?

The prosecution of criminal offenses in Missouri is relatively straightforward. After a complaint has been filed, law enforcement officers obtain an arrest warrant for the accused and make the arrest. In some cases, the law allows police officers to arrest individuals without obtaining a warrant—a practice known as a warrantless arrest. The exercise of this method is restricted due to the liability that the state may incur.

Upon arrest, the individual is presumed innocent until proven otherwise. They may also hire legal counsel. Legal counsel is generally responsible for posting bail, negotiating plea bargains with the prosecutor, defending the suspect during trial, and taking other actions such as filing motions and appealing a verdict. Arrest records in Missouri are public information. However, as arrest records are not definitive proof of guilt, interested individuals need to obtain a comprehensive criminal history and other court records to prove guilt.

What Percentage of Criminal Cases Go to Trial in Missouri?

Many criminal cases do not go to trial. However, this does not mean that victims do not get justice or that criminals are let go. Most cases do not go to trial because the legal resources of the parties involved in a criminal case are often limited. For instance, a report from the Missouri Supreme Court revealed that a public defender, under rules adopted by the Missouri Public Defender Commission, spends an average of 7.7 hours per case. Likewise, legal fees incurred by the defendant in a protracted case can be exorbitant.

According to Missouri Court Statistics, the state filed over 333,000 criminal cases in 2018. Of these cases, only a small percentage eventually go to trial. For most, the prosecutor and the defendant arrive at a plea bargain. A plea bargain may involve the defendant conceding to the charges, where there is factual evidence, in exchange for a lighter sentence. Conversely, the defendant may decline a plea bargain, and the court may dismiss the case during the preliminary hearing. The court often dismisses a case before trial based on insufficient evidence, on the grounds of unconstitutional search or arrest, no jurisdiction, or other violations of the rules of criminal procedure statutes.

When does a Criminal Defendant Have the Right to a Trial?

Section 545.780 of the Missouri Revised Statutes is explicit on the inviolate nature of the defendant’s right to trial. As the prosecution’s pace is infamously slow, the defendant may also invoke his or her right to a speedy trial by jury. Invoking the right to a speedy trial is an expression of readiness for trial on the defendant’s part. The prosecution may challenge this right, but as seen in State ex rel. Garcia v. Goldman, the Missouri Supreme Court does not handle the violation of the constitutional right to a speedy trial with levity.

However, a defendant may choose to waive the right to a trial. In this case, the court will decide the case based on the evidence presented by the prosecution. Note that the state is expected to prove beyond a reasonable doubt that the defendant committed the alleged crime in a criminal case.

What Are The Stages of a Criminal Trial in Missouri?

Typically, a criminal trial in Missouri goes through eight (8) stages. These include:

• Preliminary hearing
• Jury selection
• Arraignment
• Trial
• Jury deliberation
• Presentence investigation
• Sentencing
• Sentence Appeal

How Long Does It Take For a Case To Go To Trial In Missouri?

Section § 545.780 of the Missouri Revised Statutes mandates that a defendant be brought to trial within a 180-day window after a plea of not guilty has been made at arraignment. In the event of a delay, the onus rests on the state to provide an unequivocal justification for such a delay. The length of prosecution of a criminal case, however, may take several years.

What Happens When a Court Case Goes to Trial in Missouri?

When a criminal case goes to trial, it generally goes through the following phases:

Preliminary hearing

A preliminary hearing typically occurs only in cases where the defendants are indicted for felony charges. The preliminary hearing is essentially a mini-trial where the court takes testimony under oath. However, the defendant may waive the right to a preliminary hearing. If the defendant chooses to proceed, all the parties involved in the litigation, including victims or witnesses, will be subpoenaed to attend. The primary activities of a preliminary hearing are presenting evidence to establish probable cause of guilt and cross-examining witnesses and victims. If the judge determines probable cause, the case proceeds to the circuit court for trial. Conversely, the judge will dismiss the case if the prosecutor fails to show probable cause.

Selection of the jury

Here, the prosecutor and defense choose 6-12 private citizens who are considered and proven beyond a doubt to be impartial. The sole job of these independent individuals is to determine the defendant's guilt. Thus, the selection of the jury is not taken with levity.

Arraignment

The arraignment is the first formal appearance before the court, during which the defendant is presented with the charges against them. Here, the defendant should enter a plea of guilty or not guilty. When the defendant refuses to enter a plea, the judge will enter a plea of not guilty on their behalf. The case is added to a judge’s docket, and the judge, prosecutor, and defense attorney will deliberate on setting a trial date and hearing dates for pretrial motions. The trial date is not immutable, as there may be requests for continuances in that case or other cases on the trial docket for the set day. An arraignment is a public proceeding that is open to the public.

Trial

Criminal trials begin with the prosecutor's opening statement. The defense is then given the choice of making an opening statement immediately or after the prosecutor has presented its evidence. The prosecutor and the defense cycle through arguments, evidence presentation, and cross-examination of witnesses or victims. Criminal trials are primarily open to the public.

Jury deliberation

Once all evidence has been heard, the court will provide the jury with written instructions applicable to that case. The prosecutor and defense counsel then make closing statements. The prosecutor may also make additional closing remarks, after which the jury retires for deliberation. The jury is required to decide whether the state has presented evidence to establish the defendant’s guilt beyond a reasonable doubt.

Presentence investigation

Here, the state Board of Probation and Parole investigates the defendant’s probation eligibility. If the defendant fits, the Board makes a recommendation to the judge.

Sentencing

If the jury finds the defendant guilty, the judge will sentence them to the statutory term of imprisonment, probation, and fines. The jury may also recommend sentencing length and severity, but the judge has sole discretion in imposing sentencing. Offenders convicted of a nonviolent class C or D felony with no prior convictions may petition the court for probation in place of imprisonment after serving 120 days of the sentence.

Sentence Appeal

A guilty defendant can contest the court’s official verdict by filing an appeal with the Court of Appeals. The Attorney General’s office handles felony appeals, while the prosecutor represents the state for appeals of misdemeanor convictions.

What Does it Mean to be Indicted in Missouri?

An indictment means that a grand jury has recommended a case for trial after reviewing the facts of the case. It is a charging document issued by a grand jury to state that there is probable cause to file a charge. Indictments are reserved for serious crimes, but do not indicate that the defendant is guilty. The purpose of an indictment is to provide a basis for the prosecution of a criminal case. The grand jury is summoned and selected from a list of registered and qualified citizens. The jury panel consists of 12 individuals, with a majority vote of at least 9 to form a consensus. This means that an indictment will be returned and filed in court if at least nine panel members vote in favor of it.

The prosecution presents facts and evidence to the grand jury panel, which is examined thoroughly. The judge supervises the process to ensure legal standards are preserved. After an indictment is returned, the case goes to trial, which begins with an arraignment. Some requirements for a valid indictment include:

• The grand jury was convened by a judge according to the Missouri Constitution Article I, §16
• The prosecutor must have presented sufficient evidence to the grand jury, which must have found probable cause
• At least nine votes were in favor of an indictment
• The panel was duly constituted of 12 members

Does Indictment Mean Jail Time in Missouri?

No, an indictment in Missouri will not always result in automatic jail time. Indictments are used to charge serious crimes in court, but they do not contain proof of guilt. Individuals who are indicted do not have to be in jail even during their trial. According to the Revised Statutes of Missouri § 544.455, individuals charged with bailable offenses may be released while awaiting trial or appeal. Only a judge can revoke this privilege if the offender is deemed a flight risk.

Note: The Missouri Statutes provide that persons who do not meet bail conditions, who violate their conditions for release, or are charged with offenses that are not bailable shall remain in law enforcement custody until the due course of law exonerates themCuld.

Can You Be Put On Trial Twice For The Same Crime In Missouri?

No. Defendants who stand trial in the Missouri legal system are protected from being prosecuted twice for the same crime under section § 19 of the Missouri Revised Statutes. The basis of this is that jurors should unanimously agree on either guilt or innocence. If the defendant is declared not guilty, the state is barred from retrying him or her on that specific charge. This is known as a plea against double jeopardy.

How do I Look up a Criminal Court Case in Missouri?

The circuit court maintains and disseminates records on criminal cases in Missouri. These records are available to the public at the office of the Clerk of Courts. Interested requesters are typically required to visit the presiding court in person, during business hours, to obtain the court records of interest. Requesters can use this tool to find a court of interest in Missouri. Many courts also allow requesters to obtain court records on criminal cases by mail. Nevertheless, the requester should be able to provide the necessary information to facilitate the record search. The record custodian may also charge a nominal fee to cover the cost of searching and reproducing the record.

How to Access Electronic Court Records in Missouri

Under the Missouri Sunshine Law, all public records are available for inspection and copying unless they are sealed or expunged. Most courts in Missouri now maintain electronic copies of court records in online repositories. Accessing electronic records of criminal cases typically involves visiting the specific court’s website and querying the dedicated repository. The requester may also need to create an account and set up a payment method to cover the nominal access fees and processing fees incurred during retrieval. Just as with in-person requests, the searcher is expected to provide the case information, such as the docket number, case number, date of filing, or the names of the litigants, to access the records sought. Meanwhile, the Missouri Judiciary maintains a central repository for all cases in the state. Interested individuals may also use independent repositories to obtain criminal case records.

In any case, whether electronic, by mail, or in person, the record custodian will deny any request to access records sealed by court order or statute. To bypass this restriction, the interested requester may petition the court to allow access to that specific record. The Supreme Court maintains a list of restricted records in criminal cases.

Criminal records considered public in Missouri may also be accessible through third-party websites. These sites may offer the convenience of a statewide database, allowing individuals to perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused of residing.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity of records cannot be guaranteed.

How Do I Remove Public Court Records in Missouri?

A Section of the Missouri Revised Statutes mainly allows litigants to petition the circuit court to remove a court record from the public domain. The requester should not have been convicted of any crime under Section § 610.140 to be eligible. The Missouri Judiciary maintains systematic instructions for expunging criminal case records in courts. Generally, the individual is required to file a motion for expungement and mail it in a self-addressed, stamped envelope to the applicable court.