Criminal Defense Lawyer
Camdenton and Lebanon, MO

Generally, you will go to the police station for “booking.” The police will take personal, historical, and biographical information to see if you have any warrants or criminal history.

An arraignment hearing is a court proceeding where officials read the charges against you, and you enter a plea. The arraignment is an “initial appearance” because it is typically your first appearance in court.

Grand jury proceedings are similar to preliminary hearings.  They both help determine whether there is enough evidence to bring criminal charges or an indictment against you. The prosecutor will work with a grand jury to make a decision. In the federal system, a grand jury can be 16 to 23 people.

No preliminary hearing is needed if the case goes to a grand jury indictment. A preliminary hearing is a “trial before the trial” where the judge decides whether enough evidence exists to force you to stand trial. It involves lawyers on both sides and the judge.

After submitting your plea, the judge sets a date for your case’s procedural event. The arraignment is where the prosecutors will use the information gathered by the police to argue your release from custody and if bail/bond is required. If you do not already have a criminal defense attorney, the judge will appoint one to you.

It’s almost always better to have a lawyer present, even though it may not be required. The courts will give you a formal account of your charges even if you don’t have a lawyer at your arraignment.

Grand jury proceedings are much more relaxed than regular courtroom proceedings because there is no judge present and often no lawyers, only the prosecutor. The prosecutor will explain the law to the jury and work with them to gather evidence and hear testimony. The grand jury determines the probability that someone committed a crime and whether the court should try you. 

Grand jury proceedings are not open to the public to encourage witnesses to speak freely and without fear of retaliation. Privacy also protects the potential defendant’s reputation if the jury decides not to indict.

Grand juries do not need a unanimous decision from all members to indict. But it does require a supermajority of 2/3 or 3/4 agreement, depending on the jurisdiction. If they decide not to indict, the prosecutor may still charge you if they think they have a strong enough case. If the grand jury determines that there is a high likelihood that you might be guilty, then the indictment will go to trial.

Suppose the prosecutor files a felony complaint against you instead of presenting the case to a grand jury to decide on an indictment. If so, the matter will go through to a preliminary hearing where the judge listens to arguments. The prosecutor will attempt to convince the judge that the case should go to trial. They may call witnesses to testify and introduce physical evidence. 

Your defense attorney usually cross-examines witnesses and calls into question any other evidence presented against you. Your attorney will seek to convince the judge that the prosecutor’s case is not strong enough against you and to dismiss it before trial.

Every person accused of a crime has an absolute right to a trial by jury. However, most criminal cases are resolved by agreement between the prosecution and the defense, usually during the pre-trial negotiation phase of the case. The purpose of a pre-trial conference is for the prosecutor, your defense attorney, and the judge to meet and discuss a possible plea bargain.

Whether a crime is a misdemeanor or a felony is determined by whether or not the court can punish a defendant for a certain length of time or in a specific type of prison. A misdemeanor is generally a less serious criminal offense. It is punishable by up to one year in jail, whereas a felony is a more serious offense punishable by more than a year in jail. Felonies are usually crimes viewed severely by society, such as murder, rape, burglary, kidnapping, or arson.

Depending on the offense, there may be no need for a bond hearing. Missouri courts have bail schedules that include amounts determined for most misdemeanors. If the bail amount is known, the defendant can post a cash bond or contact a co-signer. A company can arrange a surety or property bond. More severe felonies require at least an overnight stay for a bond hearing.

Generally, criminal charges will significantly impact all areas of a person’s life, profession, family, education, etc. Obtaining a criminal defense lawyer is recommended to minimize potential negative consequences. The criminal defense lawyers at Deputy & Mizell are highly experienced. 

Speaking with a lawyer before making any decisions about your plea is critical. Any plea bargain requires careful evaluation. A lawyer will protect your rights and ensure you understand the plea’s short-term and long-term consequences.

Failure to read your rights makes anything the police ask you regarding your case null, void, and inadmissible in court. It doesn’t matter where the police interrogate you. If they don’t read you your rights, whatever you tell them is not allowed into court records as evidence.

You can simply state to the authorities that you are pleading your Fifth Amendment right to remain silent. When you claim the Fifth, the police have no right to make you answer any questions. If the police harass you after informing them that you are not speaking without a lawyer present, the court can dismiss it for violating your civil rights.

Yes, you can. Though many people feel that the authorities’ involuntary usage of bodily and physical examples violates our civil rights, the U.S. Supreme Court has ruled that the Fifth Amendment includes communication and does not include biological samples.

The time the entire criminal court process takes varies case by case. For example, a misdemeanor case may be resolved from initial arrest to a plea offer within a month, or a felony trial could linger without resolution for over a year. There is no way to determine precisely how long your case will take.