What To Expect In Criminal Court

If you find yourself facing criminal charges in Missouri, the court process can feel overwhelming and intimidating. Whether you’re accused of a misdemeanor or a felony, understanding the steps involved in criminal court can help you feel more prepared and less anxious about what’s to come. In this blog post, we’ll guide you through the criminal court process in Missouri, what you can expect during each phase, and how to navigate the legal system with confidence.



The criminal court process in Missouri typically begins with an arrest. If the police arrest you, they must inform you of the charges and your rights. After the arrest, you will be taken to a local jail for booking, where your personal information is recorded, and you may be fingerprinted.



After your arrest, you’ll have an initial appearance before a judge, typically within 24 hours. This is often referred to as an arraignment. During this appearance, the judge will:

• Inform you of the charges against you.



• Advise you of your right to an attorney.

• Set bail or bond (if applicable), determining whether you can be released from jail pending your trial and what conditions may apply (e.g., paying a bond, regular check-ins with a probation officer).

At this point, you’ll enter your plea (guilty, not guilty, or no contest). For most defendants, the plea will be not guilty, and the case will proceed to the next steps.



After your initial appearance, there will be several pre-trial procedures designed to prepare both sides for trial. This phase can vary in length depending on the complexity of the case, the evidence, and whether you choose to negotiate a plea deal.

1. Discovery

Both the prosecution and defense will exchange evidence. This process is called discovery.  You may request copies of any evidence the prosecution plans to use against you, including police reports, witness statements, and forensic evidence.



2. Pre-Trial Motions

 Both the defense and prosecution may file motions to address legal issues before the trial begins. Common motions include

• Motion to Dismiss: The defense may ask the court to dismiss charges if there is insufficient evidence or legal grounds.

• Motion to Suppress Evidence: If evidence was obtained illegally (e.g., through an unlawful search), the defense may file to prevent it from being used in court.



3. Plea Negotiations

During pre-trial, your attorney and the prosecutor may discuss plea deals. A plea deal is an agreement where you plead guilty to a lesser charge in exchange for a lighter sentence. If you accept a plea deal, the case may resolve without going to trial.



If your case is not resolved through a plea deal, it will go to trial. In Missouri, trials are held before a judge or a jury, depending on the nature of the charges.



1. Jury or Bench Trial

In a jury trial, 12 jurors will hear the evidence and decide whether you are guilty or not guilty. In a bench trial, the judge will hear the evidence and render the verdict. For serious felony charges, defendants typically choose a jury trial, but misdemeanor cases can often be tried by a judge alone.



2. Opening Statements

The trial begins with opening statements, where both the prosecution and defense outline what they intend to prove during the trial. These statements give the judge or jury an overview of the case.



3. Presentation of Evidence

The prosecution presents its case first. They will call witnesses, present physical evidence, and introduce testimony to support the charges against you. Afterward, the defense will have an opportunity to cross-examine the prosecution’s witnesses.

The defense will then present its case. This can include calling witnesses, presenting evidence, and challenging the prosecution’s case. You have the right to remain silent and not testify, and your lawyer may advise you not to take the stand if it’s not in your best interest.



4. Closing Arguments

After both sides have presented their cases, each side will give a closing argument, summarizing the evidence and making their final appeal to the judge or jury. This is your last opportunity to address the court and advocate for your defense.



5. Verdict

Once both sides have completed their arguments, the judge or jury will deliberate and render a verdict. If you are found not guilty, you will be acquitted and released. If you are found guilty, sentencing will occur at a later date.



If you are convicted, the next step is sentencing. Sentencing takes place after the trial and can occur immediately after a conviction or be scheduled for a later date. During sentencing, the judge will consider factors such as:

• The severity of the offense.
• Your criminal history.
• Any mitigating circumstances, such as remorse or efforts at rehabilitation.
• Victim impact statements (if applicable).

Penalties for criminal convictions can range from fines and probation to jail time or even prison sentences, depending on the crime.



If you are convicted, you have the right to appeal the conviction. An appeal is a request to a higher court to review the trial court’s decision. Appeals are typically based on legal errors that may have affected the outcome of the trial, such as improper jury instructions or the admission of inadmissible evidence. If an appeal is successful, the case may be retried, or the conviction may be overturned.



If you are found not guilty, you are acquitted, and the case is closed. The court may dismiss the charges, and you will be free to go. In some cases, you may seek to have your record expunged to remove the arrest and charges from public records.



Navigating criminal court in Missouri can be a complex and stressful experience, but understanding the process can make it more manageable. If you are facing criminal charges, it is important to have an experienced criminal defense attorney by your side. Your attorney will guide you through each step of the process, protect your rights, and work to achieve the best possible outcome in your case.

If you have been charged with a crime in Missouri and need legal advice or representation, don’t hesitate to reach out to our office. With over ten years of experience in criminal defense, Daniel Finder at Finder Law, LLC can be the ally you need in your corner. We are here to help you understand your options and fight for your future.

Call us today.