How do felony criminal matters proceed through the court system in Missouri?

by Daren Adkins, Daviess County Associate Circuit Judge

QUESTION: How do felony criminal matters proceed through the court system in Missouri?

ANSWER: All criminal prosecutions begin with the Prosecuting Attorney filing a complaint in the Associate Division of the Circuit Court. A warrant for the defendant’s arrest may be requested at that time by the prosecutor.

If a warrant is requested, the Associate Circuit Judge will issue same and set a bond to assure the defendant’s appearance and/or protect the public. Once the defendant is arrested on the warrant and served the complaint by the sheriff, he/she will be held in jail until the bond is posted.

Within 10 days from the date of the defendant’s arrest, he/she will be brought before the Associate Circuit Judge and arraigned. At the arraignment the defendant will be advised of his/her Constitutional rights, read the charge and given the maximum range of punishments allowed by law. A preliminary hearing may be set at that time.

The defendant may also waive his/her right to a preliminary hearing. A preliminary hearing is held before the Associate Circuit Judge and its sole purpose is to determine whether it is more likely than not, referred to as probable cause, that the felony charged was committed and whether there is probable cause to believe that the defendant committed that felony. It is not a finding of guilt or innocence.

Remember that a finding of guilt to a criminal charge requires the court or jury to find the defendant guilty beyond a reasonable doubt. Thus, the burden of proof required at the preliminary hearing is much lower.

If the Court does not find it probable that the felony was committed or that the defendant committed the felony, then the defendant will be discharged and the court record sealed. If there is a finding of probable cause, the defendant will be bound over to the Circuit Court. The files of the Associate Division are transferred to the Circuit Clerk and placed on the first available Circuit Judge’s law day.

At that law day the Circuit Judge will once again arraign the defendant just as in the Associate Division. It is only at the Circuit Court level that the defendant can be tried for a felony.