ONCE AN ATTORNEY IS RETAINED , whether that be privately hired counsel or a public defender, the next step is for that attorney to request “discovery”. Discovery is all of the information that the State (the prosecutor) has concerning the defendant relating to the case at hand. Discovery may consist of a number of things, including but not limited to police reports, lab reports, pictures, or in the case story in this book, dash camera videos. The State is required to hand the information over within ten days of the formal request for discovery after arraignment in circuit court, and they are required to hand over everything they have. The defendant’s attorney will need to review the information in the discovery for potential defenses. He or she should also review a copy of that discovery with the defendant, to verify its accuracy, and for any additional, useful information the Defendant may have to add. The attorney or defendant may want to conduct additional investigation, through pictures, social media posts, visiting the scene, speaking with witnesses, or other things the attorney may suggest. Depositions are formal interviews of witnesses under oath. These additional strategies can cost additional monies, which should be discussed with the attorney handling the case. Not all of these forms of investigation will apply to every case. Anything the defendant can gather by him or herself will save both time and money and should be provided to the attorney. Once the attorney has reviewed all the information available, he should counsel the Defendant on his options. Discovery – All of the police reports and other evidence. Depositions – Formal interviews of witnesses under oath.

COURTS DO NOT LIKE people to represent themselves, especially in criminal court, and especially if they are charged with felonies. People have too many rights and too much at risk not to have a lawyer. But lawyers are often expensive! Hiring a local lawyer is practical, because that lawyer should be familiar with the local parties involved (the judge and the prosecutor), and those people’s habits and practices. On the other hand, a lawyer from out of town may be less concerned with offending those people, or not have a past history with them. Lawyers from out of town will probably cost more because they have to travel for court. When shopping around for lawyers, ask about how much they cost. Ask about how many trials they have conducted in the past, how long they have been practicing, or their practice areas. A person would probably want to know if their lawyer’s true specialty is contracts or wills. A lawyer who has been around and knows what he or she is doing should not shy away from these questions. Public Defenders – are attorneys provided for people who cannot afford to pay a lawyer. The Public Defender is available for people who cannot afford to pay a lawyer. The Public Defender has strict income and other guidelines. If people have assets or the means to hire an attorney or post their own bond, they will likely not qualify for a public defender. If a defendant truly cannot afford counsel, he may request an “indigency hearing” to ask the court to require the public defender take that case. This may be scheduled for a later date. At that hearing, the defendant might bring proof of their income and bills, and some quotes from a couple different attorneys, to attempt to prove to the judge that he or she cannot afford to hire a lawyer. Lawyers are required to follow the Rules of Professional Conduct, which lay out the rules and ethical conduct by which they must practice. Attorneys are required to fight for their clients to the best of their ability within the Rules of Professional Conduct, which includes a duty of honesty to the court, and not to file actions that are a waste of time. This is not an exhaustive list or review of the Rules of Professional Conduct. For additional questions regarding these rules, consult an attorney.

THE COURTS ARE REQUIRED to make the defendant aware of the charges against him or her, and the range of punishment associated with those charges. Arraignment simply means, a reading of the charges. Often times it is embarrassing for the defendant to have the charges read in front of a courtroom full of people, and the Judges don’t really want to read all that to every person in the room. It is relatively standard practice to waive arraignment. That said, there are timelines that come into effect when arraignment is had. For example, a request for a change of judge or venue must be made within ten days of arraignment. Do not make this decision on your own. Get a lawyer to assist you. Arraignment – A reading of the charges. Not Guilty Plea – It is standard procedure to plead not guilty at the beginning of a case. Guilty pleas are only made once all discovery, evidence, and options have been weighed. Generally once bond is set and arraignment is waived, the court sets the case out for a period of time for a follow-up court appearance regarding the status of the case. It is hoped that before the next court appearance the defendant will hire an attorney to represent him or herself. A plea of not guilty is standard procedure. There are many rights at play associated with entering a plea of guilty, and that won’t be done until after receipt of the discovery (police reports and other evidence), and the lawyer and client have the opportunity to review the case and applicable rights together, outside of court. Default to “not guilty”. A plea of guilty is only entered intentionally, discussed ahead of time, and when everyone is ready.

ALEXIS ALMOST FORGOT about her first court date. Her bondsman called to remind her. He wasn’t friendly. She called the courthouse to tell them she didn’t have a ride, and they were not sympathetic. She desperately called a couple lawyers she found listed online, and discovered that lawyers were expensive! Terrified, she went to court alone, in her pajamas. Her bondsman, the one whose name was etched into the wall at the jail, was sitting in the back of the courtroom, and looked like everyone else in the room: Poorly shaven, in wrinkled, mis-matched clothes. She waited well over an hour. She watched inmates paraded in and out of the room. She watched other inmates appear over the television screen. She was so thankful that was not her. She watched the bailiff pull out the handcuffs and take someone away. She was terrified. She listened to other people’s excuses while standing in front of the judge. They called her name, and the whole world stopped. She couldn’t think. She was shaking as she approached the front of the room. The Judge seemed unimpressed with her appearance, or anything else, and asked how much time she needed to hire a lawyer. She awkwardly explained, in front of a room full of people, that she really couldn’t afford any of those lawyers she had called, so she supposed she would just go ahead without one. The Judge informed her there were rights and risks in representing herself, and that she would be much better off if she had a lawyer. He asked if she knew what she was charged with, and then instructed her to fill out a Public Defender application. She was given another court date for “arraignment” and told to come back. She fled the courthouse.

IF THE CHARGES ARE FILED within the first twenty-four hours, the Defendant may be held past 24 hours. Missouri Supreme Court Rule 33 requires the Defendant be brought before a Judge “as soon as is practicable but no later than seven days” to address the issue of bond. R33.05. Supreme Court Rule 33 offers an entitlement to release, based on conditions, including whether the Defendant will appear in court, whether he will submit to orders, not commit any new offenses or tamper with any victim or witness, and whether he will comply with his bond conditions. The courts look to factors in determining what is an appropriate bond: the danger to the victim; the danger to the community; and whether the Defendant is a flight risk. Information like the Defendant’s ties to the community, such as family, physical address and employment, are useful to the Court. The Judge will make a decision concerning bond, which could be anything from “no bond” to “release on own recognizance” (“ROR” or “OR”), which does not require posting a dollar amount with a bondsman. Sometimes it is necessary to hire a bondsman. Sometimes the judges get creative, and require some kind of supervision, like a family member or supervising agency or GPS monitor. The courts will often include conditions of bond, which may include no contact with a victim, no use of illegal substances, not to leave the State, or other creative concepts. Bond – The conditions associated with some form of release from jail. This usually includes money, and may require a bondsman. It may also require additional conditions. Cash bonds – A bond paid in cash in the full amount required by the court. The benefit to a cash bond is that the defendant will receive a refund at the end of the case, minus any outstanding costs or fines. The downside is that they are often expensive. Surety Bond – posting only a portion, usually 10%, of the bond required by the court. A surety may also refer to the bondsman who will provide surety that the defendant will show back up. Bondsman – an individual who works with defendants to assist them in posting bond from the jail. The defendant typically, but not always, pays the bondsman 10% of the bond required by the court, or whatever the agreement with the bondsman may be, and the bondsman posts the full bond with the court. The bondsman is responsible for ensuring the defendant shows back up for court. A bondsman may also be called a “surety”, and he will generally ask for payment in the amount of 10% of whatever the dollar amount set as bond by the court. Sometimes, bondsman will cut deals on that amount, or agree to a payment plan. Cash bonds can be posted directly with the court, and at the end of the case, those bonds will be refunded to the defendant (not whatever family member posted it for them), minus whatever costs and fees the Defendant owes at the end of the case. If posting bond through a bail bondsman, the Defendant will be subject to whatever contract he has with the bondsman, and he will receive no refunds unless his contract allows for it, which would be unusual. In the event that a Defendant stops making his payments to the bondsman, or otherwise violates his bond conditions, the bondsman may choose to drop his case and turn him back in. If the defendant runs, the bondsman is expected to try to locate him, or the bondsman may have to forfeit the money the bondsman posted on Defendant’s behalf.

WHEN AN ALLEGED CRIME has been committed, the state prosecutor’s office located in the county where the alleged crime has been committed has 24 hours to file charges, or the defendant must be released. There are applicable time periods during which the State must file charges, called the statute of limitations , and if the State waits too long, charges can no longer be filed. Generally, the State has one year to file misdemeanors, and three years to file felonies, but there are many exceptions. For example, there is no statute of limitations on murder. To get information on a specific situation, contact a licensed attorney in your jurisdiction . Allegations – things accused of happening but not proven yet. Prosecutor – The role of the State Prosecutor’s Office is to bring charges for alleged crimes into the court system. The Prosecutor’s office may also be referred to as the “prosecuting attorney”, “PA”, the “prosecutor”, the “assistant prosecuting attorney”, “APA”, the “district attorney”, the “DA”, or the “State”). Defendant – The person accused of committing a crime. The defendant and/or his attorney may also be referred to as the “defense”. Jurisdiction – The location where the alleged crime took place (jurisdiction also addresses the authority over a location, persons or events).

THE CUTE LITTLE SPORTS CAR was red, but you couldn’t tell in the dark. She was out party-hopping, and she was in a fabulous humor. Her boyfriend was kind of passed out in the passenger seat. The radio was blaring while she chattered into her cellphone, laughing over whatever was being said on the other end. She took over steering with her knee while quickly pecking out a response to a text. The boyfriend leaned over and started gagging, and the car jerked from side to side in the lane while she screamed at him for puking in her car. She noticed flashing lights in the distance behind her. She sped up. The lights sped up. She was going approximately 80 in a 55. She skidded around a bend in the road, almost lost control, over compensated, slammed on the brakes, wove from one side to the other, spun around, and stopped hard. She was lucky she hadn’t flipped the car. As the officer approached, with a giggle, she took off again . . . and promptly crashed into a ditch. More cop cars started arriving. They caught her on dash cam staggering and stumbling while trying to walk; a bottle fell out of the car behind her. The officers were laughing in the background. She argued and cussed at them while they put the cuffs on her. In the police car, the officer asked her to recite the alphabet, from G to S without singing. “A, B, C, wait. Where did you say to start? D, E, F. Oh, G. A, B, C, wait. G, H, I, L, M, O, this is dumb, why are you doing this to me? Just . . . fine! G, H, I, J, L, M, O, P, she paused, R, S, T, U, V, X, Y, wait, did you tell me to stop somewhere? Where did you tell me to stop? I think I’m going to throw up. OMG, take the stupid cuffs off, like, I’m going to puke…!” The preliminary field sobriety test read 0.12, significantly over the legal limit. She jabbered the whole way to the jail, while the cop casually asked what she had been doing that evening. She told him all about the party . . . Parties. Where she had been, how much she might have had to drink, periodically arguing with him, vomiting, cussing him out, and finally leaning slumped in the side of the car. She had forgotten her purse somewhere along the way that night, and she conveniently gave them the wrong name. We are going to call our friend Alexis. Some Potential Offenses for Alexis: Class B Misdemeanor, Speeding, over 25 over. Class B Misdemeanor, Use of Electronic Communication Device (Texting) While Driving, Causing Serious Physical Injury to Another. Class B Misdemeanor, Driving While Intoxicated. Class B Misdemeanor, Identity Theft. Class A Misdemeanor, Careless and Imprudent Driving. Infraction, Failure to Wear a Properly Fastened Seatbelt. Class E Felony, Resisting Arrest by Fleeing, Creating a Substantial Risk of Serious Physical Injury. Alexis’ Additional Potential Consequences Driver’s License Suspension.

Pro Tip: Document Everything! And document it concisely, in order, in one place.

Missouri’s Free Family Law Court Forms

ONCE AN ATTORNEY IS RETAINED , whether that be privately hired counsel or a public defender, the next step is for that attorney to request “discovery”. Discovery is all of the information that the State (the prosecutor) has concerning the defendant relating to the case at hand. Discovery may consist of a number of things, including but not limited to police reports, lab reports, pictures, or in the case story in this book, dash camera videos. The State is required to hand the information over within ten days of the formal request for discovery after arraignment in circuit court, and they are required to hand over everything they have. The defendant’s attorney will need to review the information in the discovery for potential defenses. He or she should also review a copy of that discovery with the defendant, to verify its accuracy, and for any additional, useful information the Defendant may have to add. The attorney or defendant may want to conduct additional investigation, through pictures, social media posts, visiting the scene, speaking with witnesses, or other things the attorney may suggest. Depositions are formal interviews of witnesses under oath. These additional strategies can cost additional monies, which should be discussed with the attorney handling the case. Not all of these forms of investigation will apply to every case. Anything the defendant can gather by him or herself will save both time and money and should be provided to the attorney. Once the attorney has reviewed all the information available, he should counsel the Defendant on his options. Discovery – All of the police reports and other evidence. Depositions – Formal interviews of witnesses under oath.

COURTS DO NOT LIKE people to represent themselves, especially in criminal court, and especially if they are charged with felonies. People have too many rights and too much at risk not to have a lawyer. But lawyers are often expensive! Hiring a local lawyer is practical, because that lawyer should be familiar with the local parties involved (the judge and the prosecutor), and those people’s habits and practices. On the other hand, a lawyer from out of town may be less concerned with offending those people, or not have a past history with them. Lawyers from out of town will probably cost more because they have to travel for court. When shopping around for lawyers, ask about how much they cost. Ask about how many trials they have conducted in the past, how long they have been practicing, or their practice areas. A person would probably want to know if their lawyer’s true specialty is contracts or wills. A lawyer who has been around and knows what he or she is doing should not shy away from these questions. Public Defenders – are attorneys provided for people who cannot afford to pay a lawyer. The Public Defender is available for people who cannot afford to pay a lawyer. The Public Defender has strict income and other guidelines. If people have assets or the means to hire an attorney or post their own bond, they will likely not qualify for a public defender. If a defendant truly cannot afford counsel, he may request an “indigency hearing” to ask the court to require the public defender take that case. This may be scheduled for a later date. At that hearing, the defendant might bring proof of their income and bills, and some quotes from a couple different attorneys, to attempt to prove to the judge that he or she cannot afford to hire a lawyer. Lawyers are required to follow the Rules of Professional Conduct, which lay out the rules and ethical conduct by which they must practice. Attorneys are required to fight for their clients to the best of their ability within the Rules of Professional Conduct, which includes a duty of honesty to the court, and not to file actions that are a waste of time. This is not an exhaustive list or review of the Rules of Professional Conduct. For additional questions regarding these rules, consult an attorney.

THE COURTS ARE REQUIRED to make the defendant aware of the charges against him or her, and the range of punishment associated with those charges. Arraignment simply means, a reading of the charges. Often times it is embarrassing for the defendant to have the charges read in front of a courtroom full of people, and the Judges don’t really want to read all that to every person in the room. It is relatively standard practice to waive arraignment. That said, there are timelines that come into effect when arraignment is had. For example, a request for a change of judge or venue must be made within ten days of arraignment. Do not make this decision on your own. Get a lawyer to assist you. Arraignment – A reading of the charges. Not Guilty Plea – It is standard procedure to plead not guilty at the beginning of a case. Guilty pleas are only made once all discovery, evidence, and options have been weighed. Generally once bond is set and arraignment is waived, the court sets the case out for a period of time for a follow-up court appearance regarding the status of the case. It is hoped that before the next court appearance the defendant will hire an attorney to represent him or herself. A plea of not guilty is standard procedure. There are many rights at play associated with entering a plea of guilty, and that won’t be done until after receipt of the discovery (police reports and other evidence), and the lawyer and client have the opportunity to review the case and applicable rights together, outside of court. Default to “not guilty”. A plea of guilty is only entered intentionally, discussed ahead of time, and when everyone is ready.

ALEXIS ALMOST FORGOT about her first court date. Her bondsman called to remind her. He wasn’t friendly. She called the courthouse to tell them she didn’t have a ride, and they were not sympathetic. She desperately called a couple lawyers she found listed online, and discovered that lawyers were expensive! Terrified, she went to court alone, in her pajamas. Her bondsman, the one whose name was etched into the wall at the jail, was sitting in the back of the courtroom, and looked like everyone else in the room: Poorly shaven, in wrinkled, mis-matched clothes. She waited well over an hour. She watched inmates paraded in and out of the room. She watched other inmates appear over the television screen. She was so thankful that was not her. She watched the bailiff pull out the handcuffs and take someone away. She was terrified. She listened to other people’s excuses while standing in front of the judge. They called her name, and the whole world stopped. She couldn’t think. She was shaking as she approached the front of the room. The Judge seemed unimpressed with her appearance, or anything else, and asked how much time she needed to hire a lawyer. She awkwardly explained, in front of a room full of people, that she really couldn’t afford any of those lawyers she had called, so she supposed she would just go ahead without one. The Judge informed her there were rights and risks in representing herself, and that she would be much better off if she had a lawyer. He asked if she knew what she was charged with, and then instructed her to fill out a Public Defender application. She was given another court date for “arraignment” and told to come back. She fled the courthouse.

IF THE CHARGES ARE FILED within the first twenty-four hours, the Defendant may be held past 24 hours. Missouri Supreme Court Rule 33 requires the Defendant be brought before a Judge “as soon as is practicable but no later than seven days” to address the issue of bond. R33.05. Supreme Court Rule 33 offers an entitlement to release, based on conditions, including whether the Defendant will appear in court, whether he will submit to orders, not commit any new offenses or tamper with any victim or witness, and whether he will comply with his bond conditions. The courts look to factors in determining what is an appropriate bond: the danger to the victim; the danger to the community; and whether the Defendant is a flight risk. Information like the Defendant’s ties to the community, such as family, physical address and employment, are useful to the Court. The Judge will make a decision concerning bond, which could be anything from “no bond” to “release on own recognizance” (“ROR” or “OR”), which does not require posting a dollar amount with a bondsman. Sometimes it is necessary to hire a bondsman. Sometimes the judges get creative, and require some kind of supervision, like a family member or supervising agency or GPS monitor. The courts will often include conditions of bond, which may include no contact with a victim, no use of illegal substances, not to leave the State, or other creative concepts. Bond – The conditions associated with some form of release from jail. This usually includes money, and may require a bondsman. It may also require additional conditions. Cash bonds – A bond paid in cash in the full amount required by the court. The benefit to a cash bond is that the defendant will receive a refund at the end of the case, minus any outstanding costs or fines. The downside is that they are often expensive. Surety Bond – posting only a portion, usually 10%, of the bond required by the court. A surety may also refer to the bondsman who will provide surety that the defendant will show back up. Bondsman – an individual who works with defendants to assist them in posting bond from the jail. The defendant typically, but not always, pays the bondsman 10% of the bond required by the court, or whatever the agreement with the bondsman may be, and the bondsman posts the full bond with the court. The bondsman is responsible for ensuring the defendant shows back up for court. A bondsman may also be called a “surety”, and he will generally ask for payment in the amount of 10% of whatever the dollar amount set as bond by the court. Sometimes, bondsman will cut deals on that amount, or agree to a payment plan. Cash bonds can be posted directly with the court, and at the end of the case, those bonds will be refunded to the defendant (not whatever family member posted it for them), minus whatever costs and fees the Defendant owes at the end of the case. If posting bond through a bail bondsman, the Defendant will be subject to whatever contract he has with the bondsman, and he will receive no refunds unless his contract allows for it, which would be unusual. In the event that a Defendant stops making his payments to the bondsman, or otherwise violates his bond conditions, the bondsman may choose to drop his case and turn him back in. If the defendant runs, the bondsman is expected to try to locate him, or the bondsman may have to forfeit the money the bondsman posted on Defendant’s behalf.

WHEN AN ALLEGED CRIME has been committed, the state prosecutor’s office located in the county where the alleged crime has been committed has 24 hours to file charges, or the defendant must be released. There are applicable time periods during which the State must file charges, called the statute of limitations , and if the State waits too long, charges can no longer be filed. Generally, the State has one year to file misdemeanors, and three years to file felonies, but there are many exceptions. For example, there is no statute of limitations on murder. To get information on a specific situation, contact a licensed attorney in your jurisdiction . Allegations – things accused of happening but not proven yet. Prosecutor – The role of the State Prosecutor’s Office is to bring charges for alleged crimes into the court system. The Prosecutor’s office may also be referred to as the “prosecuting attorney”, “PA”, the “prosecutor”, the “assistant prosecuting attorney”, “APA”, the “district attorney”, the “DA”, or the “State”). Defendant – The person accused of committing a crime. The defendant and/or his attorney may also be referred to as the “defense”. Jurisdiction – The location where the alleged crime took place (jurisdiction also addresses the authority over a location, persons or events).

THE CUTE LITTLE SPORTS CAR was red, but you couldn’t tell in the dark. She was out party-hopping, and she was in a fabulous humor. Her boyfriend was kind of passed out in the passenger seat. The radio was blaring while she chattered into her cellphone, laughing over whatever was being said on the other end. She took over steering with her knee while quickly pecking out a response to a text. The boyfriend leaned over and started gagging, and the car jerked from side to side in the lane while she screamed at him for puking in her car. She noticed flashing lights in the distance behind her. She sped up. The lights sped up. She was going approximately 80 in a 55. She skidded around a bend in the road, almost lost control, over compensated, slammed on the brakes, wove from one side to the other, spun around, and stopped hard. She was lucky she hadn’t flipped the car. As the officer approached, with a giggle, she took off again . . . and promptly crashed into a ditch. More cop cars started arriving. They caught her on dash cam staggering and stumbling while trying to walk; a bottle fell out of the car behind her. The officers were laughing in the background. She argued and cussed at them while they put the cuffs on her. In the police car, the officer asked her to recite the alphabet, from G to S without singing. “A, B, C, wait. Where did you say to start? D, E, F. Oh, G. A, B, C, wait. G, H, I, L, M, O, this is dumb, why are you doing this to me? Just . . . fine! G, H, I, J, L, M, O, P, she paused, R, S, T, U, V, X, Y, wait, did you tell me to stop somewhere? Where did you tell me to stop? I think I’m going to throw up. OMG, take the stupid cuffs off, like, I’m going to puke…!” The preliminary field sobriety test read 0.12, significantly over the legal limit. She jabbered the whole way to the jail, while the cop casually asked what she had been doing that evening. She told him all about the party . . . Parties. Where she had been, how much she might have had to drink, periodically arguing with him, vomiting, cussing him out, and finally leaning slumped in the side of the car. She had forgotten her purse somewhere along the way that night, and she conveniently gave them the wrong name. We are going to call our friend Alexis. Some Potential Offenses for Alexis: Class B Misdemeanor, Speeding, over 25 over. Class B Misdemeanor, Use of Electronic Communication Device (Texting) While Driving, Causing Serious Physical Injury to Another. Class B Misdemeanor, Driving While Intoxicated. Class B Misdemeanor, Identity Theft. Class A Misdemeanor, Careless and Imprudent Driving. Infraction, Failure to Wear a Properly Fastened Seatbelt. Class E Felony, Resisting Arrest by Fleeing, Creating a Substantial Risk of Serious Physical Injury. Alexis’ Additional Potential Consequences Driver’s License Suspension.

Pro Tip: Document Everything! And document it concisely, in order, in one place.

Missouri’s Free Family Law Court Forms