Legal Blog

• INTRODUCTION

Missouri's circuit courts have three categories of judges: circuit judges, associate circuit judges, and municipal judges, as outlined by the state constitution.

Criminal cases in Missouri are prosecuted by the state, typically through a prosecuting attorney assigned to each county. The burden of proof rests with the prosecution, which must demonstrate the defendant's guilt beyond a reasonable doubt. Defendants, presumed innocent until proven guilty, are entitled to legal representation throughout the judicial process.

Missouri circuit courts serve as the primary venue for civil and criminal cases, meaning that most legal proceedings begin there. The circuit court consists of several divisions, including those for associate circuit matters, small claims, municipal cases, family law, probate, criminal matters, and juvenile cases.

• ARREST AND FORMAL CHARGES

A felony case may commence through a complaint, information, or indictment.

A complaint or information must include the suspect's name, a description of the alleged felony, and probable cause to justify an arrest. If the judge determines that the complaint or information is sufficient, they will authorize an arrest warrant, leading to the suspect's apprehension.

An indictment follows a similar process, except that a grand jury evaluates the evidence and determines whether probable cause exists to arrest the individual. If an indictment is issued, the case bypasses the Associate Circuit Court.

Once formal charges are filed, typically through a written complaint, a prosecuting attorney may request an arrest warrant from a judge. The warrant allows law enforcement to take the named individual into custody under suspicion of committing the specified crime.

• ARRAIGNMENT IN ASSOCIATE CIRCUIT COURT

At this initial court appearance, the charges against the defendant are formally presented. The defendant must enter a plea, choosing from guilty, not guilty, or not guilty by reason of insanity. If the defendant refuses to plead, the court enters a plea of not guilty on their behalf. Additionally, the judge may modify the defendant’s bond, if applicable.

Arraignment proceedings are open to the public. In larger counties, an assistant prosecuting attorney may be assigned to the case at this stage. The court, in consultation with both the prosecution and defense, will schedule trial and pretrial motion hearings. The trial date may change due to scheduling conflicts or legal motions requesting a delay.

• PRELIMINARY HEARING (FELONY CASES ONLY)

Felony cases typically begin with a preliminary hearing, a brief trial-like proceeding where testimony is given under oath. The defendant may waive this hearing. If held, the prosecution presents evidence to convince the judge that probable cause exists to proceed with the case.

The defense attorney has the opportunity to cross-examine witnesses and present counter-evidence. If the judge finds probable cause, the defendant is ordered to stand trial in circuit court. If probable cause is not established, the case is dismissed, and the defendant is released. Failure of witnesses to appear may also lead to case dismissal.

Should probable cause not be found, the prosecutor may still refile charges at a later time, though additional evidence is usually required. Additionally, the prosecutor has the discretion to drop charges at any stage, a process known as "nolle prosequi."

• GRAND JURY PROCEEDINGS

In some instances, a grand jury may replace the preliminary hearing process for filing criminal charges. Grand juries consist of private citizens who evaluate allegations of criminal activity.

The prosecutor presents evidence to 12 grand jurors, and at least nine must agree that a crime was committed and that probable cause exists to proceed against the defendant. If the grand jury decides to indict, the case moves forward in circuit court; otherwise, the defendant is released. Unlike preliminary hearings, grand jury proceedings are not open to the public, and defendants do not participate unless testifying as witnesses.

• ARRAIGNMENT IN CIRCUIT COURT (FELONY CASES)

This marks the formal presentation of charges in felony cases at the circuit court level. The defendant enters a plea, and if they refuse, the court enters a not guilty plea on their behalf. The judge may also adjust the defendant’s bond, if applicable.

As with the earlier arraignment, the public may attend. In larger jurisdictions, an assistant prosecutor is assigned to the case at this stage, and the court sets hearing and trial dates with input from both legal teams.

• TRIAL PROCESS

Jury selection, known as voir dire, generally occurs on the first day of trial. The prosecution delivers an opening statement, followed by the defense, which may present its statement immediately or after the state’s case is presented.

The prosecution introduces evidence, after which the defense may choose to present its case. Following evidence presentation, the judge instructs the jury on relevant legal standards. The prosecution and defense then make closing arguments before the jury deliberates.

For a conviction, the jury must reach a unanimous decision that the defendant is guilty beyond a reasonable doubt. If unanimity is not achieved, a mistrial is declared, potentially leading to a retrial. A not guilty verdict prevents the state from retrying the defendant on the same charge, in accordance with double jeopardy protections. If found guilty, sentencing considerations follow.

• CAPITAL CASES

In first-degree murder cases where the death penalty is a sentencing option, a separate penalty phase is conducted before the same jury. The jury decides between life imprisonment without parole or the death penalty.

• PRESENTENCE INVESTIGATION & SENTENCING

Before sentencing, the Missouri Board of Probation and Parole may conduct an investigation to assess the defendant’s suitability for probation and provide a recommendation to the judge.

Each crime carries a statutory range of penalties. If a jury imposes a sentence, the judge may reduce but not increase it. In cases involving prior convictions, the judge determines sentencing without jury input. Possible penalties include incarceration, probation, fines, court costs, and restitution.

Certain nonviolent felons may request probation after serving 120 days of their sentence. The court, following a recommendation from the Department of Corrections, determines whether to grant this request.

• APPEALS PROCESS

A convicted defendant may appeal the ruling once sentencing is finalized. The Missouri Attorney General’s Office handles felony appeals, while county prosecutors oversee misdemeanor appeals.

• PAROLE HEARING

Offenders may become eligible for parole before completing their sentences. The Board of Probation and Parole evaluates parole requests, considering multiple factors. Victims or their families may participate in hearings and express their opinions on potential parole decisions. If parole is granted, a release date is set for the offender.