- A Criminal Charge is Filed in Associate Circuit Court. This is called a “Complaint” or an “Information.” The person it is filed against is called a “Defendant.” The charge is filed by the County Prosecutor, who is called the “Prosecutor”, or the “State”. A “Probable Cause Statement” will be filed with the Complaint unless the case is heard by a grand jury.
- Warrant. An arrest warrant will be issued, or a summons (sent by mail to your address of record) to appear in court.
- Initial Appearance and Arraignment. First court appearance and advisement of the charges.
- There will probably be a few continuances prior to the preliminary hearing.
- Preliminary Hearing. The aim of this hearing is to determine whether probable cause exists for the person to be charged with a crime, not whether or not they are actually guilty or innocent.
- Rather than conducting a preliminary hearing, the prosecutor can present the facts of the case to a grand jury.
- The Case is Bound Over to Circuit Court. Whether via a preliminary hearing or a grand jury, the case takes one step up the ladder to circuit court and a new judge.
- Arraignment. Is a big, fancy word that simply means “a reading of the charges.”
- There will probably be several continuances while the attorneys prepare the case for trial.
- Plea Deal. At any time while the case is pending the Defendant and the State may reach an agreement and enter a “plea deal”.
- Trial Setting. A trial date will be scheduled.
- Pretrial Appearance. The trial date is right around the corner. The attorneys appear to discuss with the judge details relevant to the trial.
- Trial.
- Post trial.
- Sentencing.
- Appeals.
*Disclaimer: Every case and situation is different, and different procedures and rules will apply. This information is not intended to be relied on in lieu of consulting competent counsel regarding your specific case. This information is specific to the State of Missouri. If you have been charged with a crime, it is crucial that you discuss your case with a licensed attorney.