The Court Process

understanding the criminal justice process

Missouri Attorney General

JOSH HAWLEY
Introduction
Missouri law establishes certain guarantees to crime victims,
including participation in the criminal justice system.
Victims can empower themselves and take advantage of
these legal protections by learning about how the court
process works. This guide will give you an overview of that
process, beginning with the arrest and filing of criminal
charges, all the way through the appeal process and parole.
In addition, you will find definitions of frequently used
terms that will help you understand what is happening
inside the courtroom and with the case.

It is my hope that this guide will provide you with tools

you need to navigate the system and empower you to fully
participate in Missouris court process.

Sincerely,

Joshua D. Hawley
Attorney General

The Court Process 1

 Table of Contents
The Court Process
Arrest and complaint...................................................................4
Preliminary hearing.....................................................................4
Grand jury.......................................................................................5
Arraignment...................................................................................6
The trial.............................................................................................8
Capital cases...................................................................................9
Presentence investigation.........................................................9
Sentencing......................................................................................9
Appeals process..........................................................................10
Parole hearing..............................................................................10

Fines.........................................................................................................11

Prison Terms...........................................................................................12

Court Terms............................................................................................13

2 The Court Process

The Court Process 3
 The Court Process
The State of Missouri prosecutes crimes committed against
the citizens of this state. The prosecuting attorney in each
county usually handles the case.

In a criminal case, the state has the burden of proving

beyond a reasonable doubt that the defendant committed
the alleged crime. Defendants are presumed innocent and
never have the burden of proving their innocence.

Defendants have the right to be represented by a lawyer

throughout the process.

ARREST AND COMPLAINT

Once a formal charge has been filed, usually in the form

of a written complaint, the prosecuting attorney can go
to a judge to obtain an arrest warrant. This arrest warrant
will allow local law enforcement personnel to arrest the
person named in the warrant on the suspicion that he has
committed the crime set forth in the complaint.

PRELIMINARY HEARING (Held for felonies only, not misdemeanors)

Felony cases begin with a preliminary hearing a mini-

trial in which testimony is taken under oath. The defendant
may waive a preliminary hearing. If the defendant chooses
to proceed with a preliminary hearing, the judge, the
defendant, the defendants attorney, the prosecutor, and
any victims or witnesses subpoenaed will attend.

At the preliminary hearing, the prosecutor will present

evidence to show the judge that there is probable cause to
believe that the defendant has committed the crime.

4 The Court Process

The defense attorney may cross-examine the states
witnesses and produce any evidence. If probable cause
is established, the judge will order the defendant to be
bound over for trial in circuit court. If the defendant
waives the preliminary hearing, the case usually will 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 the defendant
is released. This also may occur if witnesses fail to appear
to testify.

If probable cause is not found, the prosecutor can later file

another complaint against the defendant, based on the
same crime, but the prosecutor would typically need to
present additional evidence to prove probable cause.

At any point during

the prosecution, the
prosecutor may DID YOU KNOW?
voluntarily decide to During a preliminary hearing,
dismiss the charges. This a prosecutor will present
is called a nolle prosequi. evidence to show the judge
there is probable cause to
GRAND JURY believe a crime has been
committed and the
A grand jury replaces the defendant did it.
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, whose job is to look into
allegations of criminal activity.

The prosecutor presents evidence to the 12 grand jurors,

nine of whom must agree on whether a crime was
committed and whether there is probable cause to believe
the defendant committed it.

The Court Process 5

 As with a preliminary hearing, the case is either bound over
to the circuit court or the defendant is freed.

Grand jury proceedings are closed to the public. Defendants

do not attend unless they are testifying as witnesses.

TESTIFYING
During a felony prosecution, witnesses probably will have
to testify at least three times:
At depositions
At the preliminary hearing or before the grand jury
At trial

Witnesses also may have to testify:

At hearings on pretrial motions
At sentencing

ARRAIGNMENT

This is the first formal presentation of charges to the

defendant, who must enter a plea. The defendant may
plead guilty, not guilty, not guilty by reason of insanity, and
if the defendant refuses to enter a plea, the judge will enter
a plea of not guilty on their behalf. Also, the judge can raise
or lower the defendants bond, if any.

The arraignment is open to the public. In larger counties, an

assistant prosecuting attorney is assigned to the case after
arraignment (in some cases, the same prosecutor will be
assigned from the onset) and the case is added to a judges
docket.

The court with input from the prosecutor and defense

attorney sets a trial date and hearing dates on pretrial
motions. The trial date may change because of requests for
continuances in the case or because of other cases on the
trial docket for that day.

6 The Court Process

The Court Process 7
 THE TRIAL

A jury usually is selected on the first day of trial in a process

known as voir dire. The prosecutor then must make an
opening statement. The defense attorney then either may
make his opening statement or he may wait to make it
until after the state has presented its evidence. After the
prosecutor presents the states case, the defense may, at its
discretion, present evidence.

Once all evidence is heard, the court reads written

instructions to the jury. The instructions state the law that
applies to the case. The prosecutor then makes a closing
statement, the defense makes its closing statement, and the
prosecutor then may make additional closing remarks.

The jurors then retire to deliberate. They are required

to decide whether the state has presented evidence to
establish beyond a reasonable doubt that the defendant
committed each element of the charged crime.

The jurors must unanimously agree on either guilt or

innocence. If they cannot, the trial will end in a hung jury or
mistrial and the case may be tried again.

If the defendant is found not guilty, the State is barred from

retrying him or her on that charge. This is known as the
prohibition against double jeopardy.

If the defendant is found guilty, the prosecutor and defense

are then allowed to present additional evidence to the jury
on the issue of sentencing. Once the evidence concludes,
the judge reads further instructions to the jury, which retires
to deliberate the appropriate sentence.

In some cases where the defendant has prior convictions,

the judge will impose a sentence without a jury
recommendation at a separate sentencing hearing.

8 The Court Process

CAPITAL CASES

When a defendant is found guilty of first-degree murder,

which carries a possible death sentence, a separate hearing
on punishment is held before the same jury. Jurors will
recommend a sentence of death or life imprisonment
without parole.

PRESENTENCE INVESTIGATION

Before sentencing, the state Board of Probation and

Parole may investigate to determine if the defendant is
an appropriate candidate for probation and may make a
recommendation to the judge.

SENTENCING

For each crime, the statute creating the offense specifies

a range of punishment, such as five to fifteen years
imprisonment.

If the defendant was sentenced by a jury, the judge

cannot increase the punishment specified by that jury
but can reduce it. In some cases where the defendant has
prior criminal convictions, the jury does not consider the
sentence. Instead the judge decides the punishment.

The defendant may be jailed, imprisoned or placed on

probation. If a defendant is sentenced to imprisonment,
that sentence will be stated as a specific term of days or
years, such as fifteen years imprisonment.

The defendant also may be ordered to make restitution, to

pay court costs or to pay a fine.

An offender convicted of a nonviolent class C or D felony

with no prior prison commitment, after serving 120 days of
his sentence, may, in writing, petition the court to serve the

The Court Process 9

 remainder of his sentence on probation or an alternative
sentence. The judge, after recommendations by the
Department of Corrections, will decide whether to grant
the request.

APPEALS PROCESS

If found guilty, the defendant can appeal the decision after

the court officially pronounces the sentence.

The Missouri Attorney Generals Office handles all the

felony appeals in the state. If the appeal is from a
misdemeanor conviction, the state will be represented
by the prosecuting attorney.

PAROLE HEARING

A prisoner is often eligible for parole before the sentence

is completed. The Board of Probation and Parole decides
when a prisoner will be eligible for parole, based on various
guidelines, and when that prisoner actually will be released.
A victim or family of a deceased victim may attend parole
hearings and request that parole be denied. A prisoner who
has been granted parole will be given a date when he will
be released (the release date).

10 The Court Process

Fines
Chapter 558, RSMo, allows for persons convicted of crimes
to be sentenced to pay these fines:

Class C, D or E felony: Up to $10,000, or up to twice the

amount of the offenders gain from the crime, not to exceed
$20,000.

Class A misdemeanor: Up to $2,000.

Class B misdemeanor: Up to $1,000.

Class C misdemeanor: Up to $750.

Class D misdemeanor: Up to $500.

Infraction: Up to $400.

These penalties do not apply in cases where the statutes

outline fines for a specific offense.

In lieu of the fines listed above, a person convicted of a

misdemeanor or infraction may be fined an amount fixed by
the court, not exceeding double the amount of the persons
gain from the commission of the offense.

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 Prison Terms
Missouri Revised Statutes, Chapter 558, provides for these
terms of imprisonment:

Class A felony: 10-30 years or life imprisonment.

Examples: Second-degree murder; first-degree robbery.

Class B felony: 5-15 years.

Examples: Voluntary manslaughter; second-degree robbery;
first-degree burglary.

Class C felony: 3-10 years.

Examples: First-degree involuntary manslaughter; stealing
$25,000 or more; first-degree sexual abuse.

Class D felony: Up to seven years.

Examples: Second-degree assault; stealing $750 or more;
forgery.

Class E felony: Up to four years.

Examples: Second-degree involuntary manslaughter; incest;
passing bad checks with no account.

Class A misdemeanor: Up to one year.

Examples: Fraudulent use of a credit device, value of
property or services is less than $750; tampering with
computer data; failure to report a shooting.

Class B misdemeanor: Up to six months.

Examples: First DWI offense; peace disturbance; first-degree
trespass.

Class C misdemeanor: Up to 15 days.

Examples: Animal neglect; gambling; littering.

12 The Court Process

Court Terms
Acquittal: Legal judgment, based on the decision of either
a jury or a judge, that an accused is not guilty of the crime
for which he or she has been charged and tried.

Adjudication: Judicial decision that ends a criminal

proceeding by a judgment of acquittal, conviction, or
dismissal of the case.

Appeal: Following a conviction, the offender may appeal

the judgment to a state appellate court. The Missouri
Supreme Court automatically hears death sentence
cases; otherwise, the appeal is heard by the Missouri Court
of Appeals.

Arraignment: Court appearance where formal charges are

read to the defendant and where the defendant is asked to
enter a plea.

Arrest warrant: An order made on behalf of the state,

based on a complaint and signed by a judge, authorizing
police to arrest a person thought to have committed a
crime. A person arrested on a warrant stays in jail until bail is
posted or until released by order of the court.

Associate Circuit Court: An accused is arraigned in the

Associate Circuit Court before being bound over to the
Circuit Court for further proceedings.

Bail: Money or property promised or given to the court as

security when a defendant is released before and during
trial with the agreement he will return to court when
ordered. The court sets the bail amount or value depending
on several factors, including seriousness of charges and the
likelihood that the defendant will attempt to flee prior to
the required court appearances. Bail is forfeited to the court
if the defendant fails to return to court.

The Court Process 13

 Beyond a reasonable doubt: Degree of proof needed for a
judge or jury to convict an accused person of a crime.

Burden of proof: In criminal cases, the state carries the

burden of establishing beyond a reasonable doubt that the
accused committed the offense.

Capital offense: Commission of first-degree murder. Killing

someone with deliberation is punishable by a sentence
of death or life imprisonment without the possibility of
probation or parole.

Charge: Formal accusation filed by the prosecutors office

that a person has committed a specific crime. Also referred
to as pressing charges.

Circuit Court: Court that has jurisdiction in criminal matters

over all felonies.

Complaint: Preliminary charge made by the state that a

person has committed a specified offense.

Concurrent sentences: Sentences run, or are served, at the

same time.

Consecutive sentences: Sentences run one after the other.

Continuance: Delay or postponement of a court hearing.

A case can be continued for good cause, such as illness or
witness unavailability, or by agreement of the parties.

Conviction: Court judgment based on the decision of a jury

or judge that the defendant is guilty of the crime for which
he was tried.

Crime: Violation of the law.

Defendant: Person formally charged with committing a

specific crime.

14 The Court Process

Defense attorney: Lawyer who represents the defendant.

Deposition: Sworn testimony of a witness taken outside of

court in the presence of the attorneys for the defense and
prosecution. A deposition can be used at trial to impeach or
discredit a witnesss testimony or can be read to a jury if the
witness is unavailable.

Dismissal: Decision by a judicial officer to end a case for

legal or other reasons.

Disposition: Final decision that ends a criminal proceeding

by judgment of acquittal or dismissal, or sets the sentence if
the defendant has been convicted.

Felony: Serious crime punishable by more than one year

in prison.

Grand jury: Body of persons, selected and convened upon

order of a judge, to inquire into and return indictments for
crimes. The grand jury has the power to request that the
circuit clerk issue subpoenas to bring people to testify
before it.

Habeas corpus federal: Proceeding where a prisoner

challenges the lawfulness of his imprisonment. A writ of
habeas corpus action does not determine the prisoners
guilt or innocence, but reviews the constitutionality of the
imprisonment.

Hearing: Legal proceeding in which a judicial officer or

administrative body hears arguments, witnesses and
evidence.

Hearsay: Testimony based not on a witnesss own

knowledge, but on matters told to him by another person.

The Court Process 15

 Implied consent: If a person is granted the privilege to
hold a drivers license, he has automatically given implied
consent to submit to alcohol or drug testing. Refusing
to consent results in license revocation for one year. The
revocation is handled administratively through the Missouri
Department of Revenue, not through a criminal court.

Indictment: Formal charging document presented by the

prosecuting attorney to a grand jury. The grand jury may
then issue the indictment if it believes that the accusation, if
proved, would lead to a conviction.

Information: Formal charging document issued by a

prosecuting attorney (with no grand jury involvement).

Infraction: Violation of a statute in which the only

punishment authorized is a fine and which is expressly
designated as an infraction.

Jail: Local facility where persons in lawful custody are held.

Defendants awaiting trial and defendants convicted of
minor crimes usually are held in jail, not prison. Any person
who receives a prison term of one year or less will serve it in
the county jail. Those with longer terms will go to prison.

Judicial officer or judge: Officer of the court who

determines causes between parties or renders decisions in a
judicial capacity. The judge generally decides questions
of law.

Misdemeanor: Crime less serious than a felony that is

usually punishable by a maximum one-year jail term, a fine,
or both.

Nolle prosequi: Voluntary dismissal of criminal charges by

the state.

Parole: Release of a prisoner from imprisonment, but not

from legal custody.

16 The Court Process

Personal recognizance: Promise of an accused person to
the court that he will return to court when ordered to do so.
The promise is given in exchange for release before and/or
during his trial.

Plea: Defendants formal answer in court to the charge he is

accused of committing. The four types of pleas are:

Guilty: Admission of commission of the crime as

charged.
Not guilty: Complete denial of guilty. A trial will
follow.
Not guilty by reason of insanity: Denial of guilt
because of mental disease or defect excluding
responsibility. A trial will follow in which the
defendants mental fitness will be an issue. A
defendant simultaneously may plead not guilty and
not guilty by reason of insanity.
Alford: Not an admission of guilt but that there is
sufficient evidence establishing guilt.

Plea agreement: Agreement between the state and

defendant in which the defendant agrees to plead guilty
under certain terms and conditions. Since both the state
and defendant risk losing at trial, plea agreements allow
a reasonable disposition to be reached without going to
trial. The victim has the right to be informed of the plea
agreement and to comment on the offer. The judge must
approve all plea agreements.

Post conviction proceedings: Review procedures

following conviction and direct appellate review. Typically
the grounds for relief are limited and different from those
on appeal from a conviction.

Preliminary hearing: Hearing for a person charged with

a felony before an associate circuit judge. The state must

The Court Process 17

 establish there is probable cause to believe the accused
committed the specific crime charged. Witnesses may be
required to testify.

Presentence investigation: Investigation usually

conducted by a probation officer after a guilty plea or
verdict. The judge can learn more about the defendants
criminal history and personal background before imposing
a sentence. Victims of the crime also will be asked how they
have been impacted.

Prison: State facilities where persons convicted of felony

offenses are held. Prisons are operated by the Department
of Corrections.

18 The Court Process

Pro se: To defend oneself. The defendant is not represented
by a lawyer, has waived the right to counsel in a criminal
proceeding, or is otherwise not represented in a civil
proceeding.

Probable cause: Degree of proof needed to arrest.

Probation: Conditional freedom granted by the court to a

convicted person, who usually is supervised by a probation
officer. If a defendant violates the conditions of probation,
probation may be revoked following a probation revocation
hearing, and he will be taken into custody.

Prosecutor: Lawyer employed by the government to

represent the publics interests in court proceedings against
people accused of committing crimes.

Public defender: Lawyer employed by a government

agency to represent defendants who cannot afford private
lawyers.

Restitution: Payment made by a defendant to the victim as

reimbursement for monetary losses incurred as a result of
the crime. Restitution may be ordered by the court as part
of a sentence.

Subpoena: Court order requiring a person to appear in

court on a specified day and time to give testimony or to
produce documents or records. Failure to appear constitutes
contempt of court.

Summons: Court order used to bring a person accused of a

minor crime to court.

Suspended execution of sentence: Defendant is placed

on probation without having to serve a sentence of
incarceration if conditions of probation are met.

The Court Process 19

 Suspended imposition of sentence: Defendant is placed
on probation without a sentence being imposed. If the
conditions of probation are not met, he later may be
sentenced and incarcerated.

Truth in sentencing: Requires someone convicted of a

dangerous felony to serve a minimum 85 percent of the
sentence. Missouri law defines dangerous felonies as:
Arson, first degree
Assault, first degree
Assault of law enforcement officer, first degree
Attempted forcible rape if physical injury results
Domestic assault, first degree
Elder abuse, first degree
Forcible rape
Forcible sodomy
Kidnapping
Murder, second degree
Robbery, first degree
Statutory rape, first degree (when victim is younger
than 12)
Statutory sodomy, first degree (when victim is
younger than 12)
Certain child abuse cases

Victim impact statement: Statement given by a victim at

bond, plea, and sentencing hearings that explains how a
crime has affected him. The statement is the only time a
victim will have to address the judge, who decides the fate
of the accused. The statement is given to the prosecuting
attorney, who forwards it to the judge after a verdict is
reached and prior to sentencing.

Voir dire examination (or voir dire): Procedure in

which the prosecuting and defense attorneys question
prospective jurors to pick a jury.

20 The Court Process

OFFICE OF ATTORNEY GENERAL
JOSH HAWLEY
P.O. Box 899
Jefferson City, MO 65102
573-751-3321
www.ago.mo.gov

Revised March 2017