The criminal process IS complex. Adams Law Group understands the law as it relates to the crime you've been charged with, and we help you in make informed decisions as your case moves forward.
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What if you are questioned by the police? This is not the same as an arrest. This is where you respectfully invoke you right against self incrimination and refuse to answer.
Wallet - CONSTITUTIONAL RIGHTS Statement
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Search Warrants
A search warrant authorizes police to conduct a search of a specific, place such as your residence. In order for a warrant to be issued by a judge, "probable cause" is necessary.
Probable cause to search means that:
It is more likely than not that the specific items to be searched for are connected with criminal activities and those items will be found in the place to be searched. Never consent to a search-assert you rights
Warrantless Searches
The general rule is that warrants are required for searches. But search warrants are not required for the following:
Searches incident to arrest: Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest.
Automobile searches: If you're arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary.
Exigent circumstances: Searches may be conducted if there are "exigent circumstances" which demand immediate action, such as to avoid the destruction of evidence.
Plain view: Police do not need a search warrant when they see an object that is in plain view of an officer who has the right to be in the position to have that view.
Consent: If you consent to a search of your body, your vehicle, or your home, police are not required to have a warrant. You aren't required to consent to any police searches.
Arrest
In order to be arrested, there must be what's called "probable cause." This means that there must be a reasonable belief that a crime was committed and you committed the crime. An arrest warrant is not necessary.
After you're placed under arrest, you are protected by constitutional rights. Two important rights to be aware of are right to remain silent and the right to have an attorney. After your arrest, you aren't required to say anything else to police or investigators, until you have an attorney present. You must be given the opportunity to contact an attorney.
Miranda Rule
Under the Miranda Rule, if you are in police custody you must be informed of specific constitutional rights before interrogation begins. Those rights are as follows:
- The right to remain silent
- The right to have an attorney present during questioning
- The right to have an attorney appointed if you are unable to afford one
Miranda rights do not have to be read until you are taken into custody. That means that you can be questioned by the police before being taken into custody and anything you say at that point can be used against you later in court.
Booking
After you're arrested, the police will bring you to the police station for the booking process. You'll be fingerprinted and asked a series of questions, such as your name and date of birth. You'll also be searched and photographed. Your personal property such as jewelry will be catalogued and stored.
Appointment of an Attorney
In Missouri, if you cannot afford to hire an attorney, and if you are charged with a crime that is punishable by incarceration, an attorney will be appointed to defend you. Usually a public defender will be appointed as your attorney. The Missouri State Public Defender System provides legal representation to all indigent citizens accused of or convicted of crimes in Missouri at the levels of the State Trial Court, Appellate Court, Missouri Supreme Court and United States Supreme Court.
Once a public defender has been appointed to defend you, you may ask the court to appoint a substitute attorney only for good cause. Good cause requires more than mere dissatisfaction with your appointed attorney and may include:
- A conflict of interest between you and the attorney
- An irreconcilable conflict
- A complete breakdown in communication
Preliminary Hearing
Preliminary hearings are held for felonies only, not for misdemeanors. You may waive a preliminary hearing. During the preliminary hearing, the prosecutor presents evidence to show the judge that there is sufficient evidence (probable cause) to believe a crime has been committed and that you committed the crime. If probable cause is established, the judge will order you to be bound over for trial in circuit court.
If your case is bound over to the circuit court you will be arraigned at the circuit level at a later date. If you waive the preliminary hearing, your case will usually be sent directly to circuit court for trial. If the judge decides that probable cause has not been established, the court dismisses the case and you are released. If there is not a preliminary hearing but instead an indictment is handed down from a grand jury, bail will be addressed at your arraignment.
Grand Jury
If you have been arrested for a felony, the prosecutor may enlist the services of a grand jury to review the available information in order to determine what crimes you should be charged with. A grand jury replaces the preliminary hearing in certain cases as a method by which criminal charges can be filed.
A grand jury is a panel of private citizens, chosen in a manner similar to the way in which trial juries are chosen. The prosecutor presents evidence to the grand jurors, who decide whether a crime was committed and whether there is probable cause that you committed it. Similar to the preliminary hearing, the case is either bound over to the circuit court or you are freed. Grand jury proceedings are closed to the public and you do not attend unless you are testifying as a witness.
Arraignment
Once criminal charges are filed, you will make a court appearance which is known as an arraignment. If you are incarcerated, this will usually occur within 72 hours of your arrest.
During your arraignment, you’ll be asked to enter a plea to the crime you have been charged with. Missouri's four types of pleas and corresponding definitions follow:
- Guilty plea: A complete admission of guilt. By pleading guilty, you forfeit your right to trial.
- Not guilty plea: A complete denial of guilt. If you plead not guilty, you may next proceed to a preliminary hearing if the charge is a felony or trial if the charge is a misdemeanor.
- Not guilty by reason of insanity: A denial of guilt because of mental disease or defect excluding responsibility. A trial will follow in which your mental fitness will be an issue. You may plead both not guilty and not guilty by reason of insanity simultaneously.
- Alford plea: It is similar to a guilty plea because while you do not admit to all or some portions of the crime, you forgo a trial anyway; also similar to a pleas of nolo contendere (no contest). If you plead guilty or Alford plea, there will not be a trial. You will then be sentenced.
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During the arraignment, the court will also:
- Set bail
- Refuse to set bail; or
- Release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations
Bail and Bond
"Bail" is money or property put forth as security to ensure that you'll show up for further criminal proceedings.
In Missouri, bail can be paid:
- In cash or cashier's check
- A pledge of property (if permitted in that court)
- A bail bond
- A professional bail bondsman is an individual whose business is to pledge his or her own property or security to guarantee the bail bond to the court.
Speedy Trial
You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of your defense.
Speedy Trial rights in Missouri
With limited exceptions, a defendant should be brought to trial in Missouri:
- Within 70 days of your first appearance on an Information or Indictment
- If you are in custody, within 90 days following the beginning of custody
Plea Agreement
"Plea bargaining" is the process where the prosecutor makes charging and sentencing concessions in exchange for your plea of guilty. Under Missouri law, the prosecutor may agree to any one of the following:
- A dismissal of other charges
- A recommendation or agreement not to oppose your request for a particular sentence
- An agreement that the particular sentence is the appropriate result
- Making a recommendation for or agreeing on another case disposition
The trial court is not required to accept a plea agreement. You must be given the opportunity to withdraw your guilty plea if the court rejects the agreement. To be valid, your guilty plea must be entered knowingly, intelligently and voluntarily.
Trial
If you do not reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage.
The state has the burden of proving beyond a reasonable doubt that you committed the alleged crime. You are presumed innocent and never have the burden of proving your innocence. You cannot be found guilty of a crime until all members of a jury unanimously find you guilty beyond a reasonable doubt. Usually, if you are charged with a crime punishable by six or more months of imprisonment, you have the right to a jury trial. This right may be waived by:
- Pleading guilty; or
- Choosing a bench trial (a trial in front of a judge only)
If you request a bench trial, the judge will perform the fact-finding function that is usually performed by the jury.
Sentencing
After you plead guilty or are found guilty of a crime, the court will generally schedule a sentencing hearing within six to eight weeks. If you pled guilty, the judge is limited by the prosecuting attorney's recommendation. If there was a jury verdict, the judge is limited by the jury recommendation. Either way, the judge may impose fewer years than recommended but may not impose more years than recommended. The length of sentence that you may receive depends upon the range of punishment set by statute and is determined by the type of crime for which you were charged.
Appeals
If you’re found guilty, you may appeal the decision after the court officially pronounces the sentence, which means you can ask a higher court to review a decision made in a completed trial or proceeding. In Missouri, you have 10 days after the court officially pronounces your sentence and enters your sentence and judgment to appeal.
The Missouri Attorney General's Office handles all the felony appeals for the state. If the appeal is from a misdemeanor conviction, the prosecuting attorney will represent the state. The party who loses before the Court of Appeals may petition the Missouri Supreme Court for review. The Missouri Supreme Court has discretion whether to accept a case for review.
There are numerous reasons for an appeal from a guilty verdict in a criminal case, including what's called "legal error." Legal error may include:
- Allowing inadmissible evidence during the criminal process, including evidence that was obtained in violation of your constitutional rights
- Lack of sufficient evidence to support a verdict of guilty
- Mistakes in the judge's instructions to the jury regarding your case
You may also appeal due to misconduct on behalf of the jurors, or if there is newly discovered evidence to exonerate you.
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