Crime Victims Rights
Crime Victims Rights
I hope this booklet helps you to better understand the court process during
these difficult times for crime victims and families of deceased victims.
Sincerely,
Joshua D. Hawley
Attorney General
Compensation Fund
Eligibility..............................................................................................................................7
Compensation...................................................................................................................7
Confidential Address.............................................................................................................8
Court Process
Investigation......................................................................................................................9
Complaint and Arrest......................................................................................................9
Preliminary Hearing.........................................................................................................9
Grand Jury........................................................................................................................10
Bail.......................................................................................................................................10
Arraignment....................................................................................................................11
Pretrial matters................................................................................................................11
Trial......................................................................................................................................12
Challenges to a conviction, sentence.....................................................................15
Parole..................................................................................................................................16
Fines............................................................................................................................................18
Prison Terms............................................................................................................................19
Court Terms..............................................................................................................................20
Publications............................................................................................................................27
Appendix A..............................................................................................................................28
PROSECUTORS
Case status (including submitted cases before a charging decision has
been made, charged cases, and any final decision not to file charges),
filing of charges, preliminary hearing dates, trial dates, continuances, and
final disposition (within five days).
Bail hearings, guilty pleas, pleas of not guilty by reason of insanity,
hearings, sentencing and probation revocation hearings.
Availability of victim services (including compensation, financial
assistance, and emergency crisis intervention).
Right to restitution and the availability of, and application process for, any
witness fee to which a victim is entitled.
CUSTODIAL AUTHORITIES
Upon written request to the appropriate custodial authority, including
municipal or county detention or jail facilities, juvenile detention facilities,
correctional facilities operated by the Department of Corrections, mental
health facilities, and the Division of Youth Services.
A defendants projected release date and actual release date on bond,
work release, trial release or for any other reason, or escape (within
24 hours).
Parole or release hearings, rescheduling of any hearings (no hearing shall
be conducted without giving the victim a 30-day advance notice), and
decision by a parole board, juvenile releasing authority, or circuit court
presiding over releases for persons found not guilty by reason of insanity.
Decision by the governor to commute a sentence or grant a pardon, or
death of a defendant (must be notified within 30 days).
Upon request, to receive a photograph taken of the defendant prior to
release from incarceration.
ATTORNEY GENERAL
Upon a written request, case status information will be provided throughout
the appellate process. A form is included on page 28 (Appendix A) and can be
sent directly or copied. Alternatively, you may visit our forms page to submit
your request online. http://ago.mo.gov/other-resources/forms
SEEKING INFORMATION
The laws granting rights to crime victims are in the Missouri Constitution,
Article 1, Section 32, and in the Missouri Revised Statutes, Chapter 595. A copy
of these laws should be available at your local library.
Crime victims who want more information regarding their rights may contact
their local prosecutors or write to:
Missouri Attorney Generals Office
Victims Rights, Public Safety Section
P.O. Box 899
Jefferson City, MO 65102
ELIGIBILITY
To be eligible, you must have:
Reported the incident within 48 hours to the proper law enforcement
agency or had a good reason for delay;
Filed the compensation claim within two years of the crime or discovery
of the crime; and
Incurred medical expenses and lost time from work, or incurred no
medical bills but lost at least two weeks wages. The rate of compensation
is $40 a day or $200 a week.
COMPENSATION
Depending on the case, victims compensation may be available for medical
care, psychiatric treatment or other counseling, funeral expenses and wage
loss reimbursement for the victim. Total recovery may not exceed $25,000.
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.
INVESTIGATION
Law enforcement personnel investigate reports of criminal activity, gather
evidence, make arrests, and present the evidence to the prosecuting attorney.
Based on the investigation, police or the sheriff may decide that:
No criminal conduct has occurred as defined under Missouri law,
There is insufficient evidence to pursue the complaint, or
One or more persons may be arrested and the matter referred to
the prosecutor.
Once a charge has been filed, usually in the form of a complaint, the
prosecutor can go to a judge to obtain an arrest warrant. The court issues
the warrant if there are sufficient facts to show probable cause that a felony
has been committed by the defendant. This warrant will allow local law
enforcement officials to make an arrest.
The prosecutor presents evidence to show the judge that there is probable
cause to believe a crime was committed and that it was committed by
the defendant.
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. In some cases the prosecutor can later file
another complaint against the defendant, based on the same crime.
At any time, the prosecutor may decide to voluntarily dismiss the charges,
called nolle prosequi.
GRAND JURY
A grand jury sometimes replaces the preliminary hearing as a method by
which criminal charges can be filed. A grand jury is composed of a panel
of private citizens, chosen similarly to trial juries, whose job is to look into
allegations of criminal activity. Not every county has a grand jury.
The prosecutor presents evidence to the grand jurors who decide whether
a crime was committed and if the defendant could have committed it.
Proceedings are closed to the public, and the accused does not have the right
to be present unless subpoenaed, and may not present evidence on his own
behalf. The jury has the power to issue subpoenas to compel witnesses to
testify or to produce documents and other evidence. As with a preliminary
hearing, the case is bound over to the circuit court or the defendant is freed.
BAIL
A person charged with a bailable offense may be released pending trial on
personal recognizance if the judge is assured the person will show up
for court.
If a preliminary hearing is held and the defendant is bound over for trial, bail
is discussed at that time. For grand jury indictments, bail is addressed at the
defendants arraignment.
ARRAIGNMENT
This is the first formal presentation of charges to the defendant, who must
enter a plea. Also, the judge can raise or lower the defendants bond. The
arraignment is open to the public.
The court sets a trial date and hearing dates on pretrial motions. The trial date
may change because of requests for continuances or because of other cases
on the trial docket for that day.
PRETRIAL MATTERS
1. Discovery
Discovery is the process in which the state and defense can obtain
information before trial. The discovery rules provide the defendant with
sufficient information to make an informed plea, to encourage thorough
trial preparation, to avoid surprises at trial, to conserve resources, and to
expedite case processing.
Under the U.S. Constitution, the state must disclose evidence if there is a
reasonable probability that the trial outcome would have been different if
the evidence had been disclosed.
2. Plea Bargaining
Plea bargaining is the process in which the prosecution makes charging
and sentencing concessions in exchange for a guilty plea. Among reasons
the prosecution may avoid going to trial:
- To avoid further trauma to victims, such as a child who was sexually
assaulted.
- The victim, though prepared to testify, would prefer to end the case.
The trial court is not required to accept a plea agreement, but if the court
rejects the agreement, the defendant may withdraw his guilty plea. To
be valid, the guilty plea must be entered knowingly, intelligently,
and voluntarily.
3. Continuance
A criminal proceeding may be continued (or pushed to a later date) for
what is referred to as good cause shown.
TRIAL
1. Noncapital cases
In all criminal cases, a trial may be held before a jury or, if the defendant
does not want a jury trial, before a judge. Typically, jury-tried cases
include a jury selection procedure (general voir dire), a guilt phase, and
a sentencing phase. If the defendant has no prior convictions and does
not waive jury sentencing, then the jury may recommend a sentence. The
judge sentences the defendant.
2. Capital cases
The state can seek the death penalty only in first-degree murder cases,
which requires that the defendant acted with deliberation. Jury selection
occurs in two phases. During the death qualification phase, the state and
the defense may question prospective jurors about their views on capital
punishment and whether they can consider the full range of punishment
life imprisonment without the possibility of probation or parole, or
death. Prospective jurors can be struck for cause if their views would
substantially affect their ability to perform. In the general phase, the
parties may question jurors about their background, which aids in using
peremptory challenges (removing for any reason).
If the jury returns a guilty verdict, the penalty phase begins. Again,
the prosecutor makes an opening statement; the defense may follow
with one or present it at the beginning of its case. The state then
presents evidence to establish beyond a reasonable doubt at least one
aggravating circumstance to qualify for the death penalty. The defense
can produce evidence in mitigation.
3. Presentence investigation
Before sentencing, the state Board of Probation and Parole may
investigate to determine if the defendant is eligible for probation and
may make a recommendation to the judge. The defendant may waive the
presentence investigation.
5. Sentencing
For each crime, the statute creating the offense specifies a range of
punishment, such as five to 15 years imprisonment.
If the jury recommends a sentence for the defendant, the judge cannot
increase the punishment but can reduce it. In some cases where the
defendant has prior criminal convictions, only the judge considers
punishment. The victim or family of a deceased victim has the right to be
present and to make a statement at the sentencing hearing.
A defendant will receive credit for time served in jail or prison awaiting
trial if the incarceration was not for time served on a different,
unrelated offense.
The law also sets a conditional release term when a felon can be
considered for release, unless he has committed a dangerous felony or
previously has been sentenced to the state prisons. A dangerous felony
includes arson in the first degree, assault in the first degree, attempted
rape in the first degree if physical injury results, attempted forcible rape
if physical injury results, attempted sodomy in the first degree if physical
injury results, attempted forcible sodomy if physical injury results, rape in
the first degree, forcible rape, sodomy in the first degree, forcible sodomy,
kidnapping, murder in the second degree, assault of a law enforcement
officer in the first degree, domestic assault in the first degree, elder abuse
in the first degree, robbery in the first degree, statutory rape in the first
degree when the victim is a child less than twelve years of age at the time
of the commission of the act giving rise to the offense, statutory sodomy
in the first degree when the victim is a child less than twelve years of
age at the time of the commission of the act giving rise to the offense,
and, abuse of a child if the child dies as a result of injuries sustained from
conduct chargeable under section 568.060, child kidnapping, and parental
kidnapping committed by detaining or concealing the whereabouts of the
child for not less than one hundred twenty days under section 565.153 or
the attempt of any of these.
The attorney general represents the state in all felony appeals. Any victim
wanting to be informed of the appellate procedure and case status must
make the request in writing to the Missouri Attorney Generals Office. A
form is included in Appendix A and can be sent directly or copied.
If the conviction and sentence are affirmed, the defendant can present to
the U.S. Supreme Court federal constitutional claims in a petition for writ
of certiorari, but such review is discretionary.
2. Postconviction motions
Separate from the appeal, the defendant also has the right to seek
postconviction relief. Missouri Supreme Court Rule 24.035 and Rule
29.15 provide the only remedy for seeking postconviction relief from a
judgment of conviction and sentence, alleging:
- The violation of the constitution and laws of Missouri or the
U.S. Constitution,
- The sentence exceeds the statutory maximum, or
- The court imposing sentence did not have jurisdiction.
Rule 24.035 applies to guilty pleas, Rule 29.15 applies to guilty verdicts.
If the district court grants the writ, the inmate is not automatically
released from prison. Generally the court issues an order directing that
the state either begin trial proceedings against the inmate within 60 days,
or release him.
When a writ is granted, the state can request the district court to
reconsider its opinion. If that request is denied, the state can ask that
the writ be stayed, suspending the court order. An appeal challenging
the district courts decision is then taken to the 8th U.S. Circuit Court of
Appeals for a review by a three-judge panel.
If the 8th Circuit affirms the decision of the district court, the state may
request that the panel rehear the appeal or that the entire court hear it.
If these requests are denied, the state may ask the U.S. Supreme Court
to hear the case by filing a writ of certiorari. The Supreme Court has the
discretion on whether to hear a case.
If the district court denies the writ, the inmate must obtain the
permission of the district court or federal appeals court to proceed. If
permission is granted, the habeas petition then would proceed through
the same steps as above.
PAROLE
1. Minimum prison terms
Offenders previously convicted of one or more felonies must serve
a percentage of the new sentence. The number of prior convictions
determines the percentage of time served before the inmate is eligible
for parole.
2. Parole hearings
The Board of Probation and Parole decides when prisoners are eligible
for release on parole. A victim or family of a deceased victim may attend
parole hearings or provide information to the board about the crime and
request that parole be denied. Once released, the offender remains in the
legal custody of the Department of Corrections and is subject to the
boards orders.
Infraction: Up to $400.
These penalties do not apply in cases where the statutes outline fines for a
specific offense.
Circuit Court: Court that has jurisdiction in criminal matters over all felonies.
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.
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.
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.
Parole: Release of a prisoner from imprisonment, but not from legal custody.
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.
Voir dire examination (or voir dire): Procedure in which the prosecuting and
defense attorneys question prospective jurors to pick a jury.
This information must be provided to ensure you are notified about relevant appellate proceedings.
Please complete and mail this form to: Missouri Attorney General Josh Hawley
Victims Rights, Public Safety Section P.O. Box 899 Jefferson City, MO 65102
Notification Information
VICTIMS NAME
First Last Mi
ADDRESS
Street City State Zip County
Conviction Information
DEFENDANTS NAME
First Last Mi
OFFENSE(S)
DATE OF CONVICTION
Your Verification
By my signature, as the victim of crime in the referenced case number below, I request to be kept apprised of the criminal ap-
pellate proceedings in relation to the following conviction pursuant to Section 595.209.1(16), RSMo.: