Criminal Defense Lawyer
Camdenton and Lebanon, MO

Generally, you will be brought to the police station and “booked,” which means 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 the charges against you are read and you are to submit a plea. The arraignment is often called an “initial appearance” because it is typically the first time you appear in court.

Grand jury proceedings are similar to preliminary hearings as they are both for determining 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.

If the case goes to a grand jury indictment, no preliminary hearing is needed. A preliminary hearing is a “trial before the trial” where the judge decides whether there is enough evidence 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 the next procedural event in your case. The arraignment is where the prosecutors will use the information gathered by the police to present to the judge whether or not you can be released 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 normal 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 a crime was committed and whether you should be tried. Grand jury proceedings are not open to the public as to encourage witnesses to speak freely and without fear of retaliation, and also to protect the potential defendant’s reputation in case the jury does not decide to indict.

To indict, grand juries do not need a unanimous decision from all members but it does need a supermajority of 2/3 or 3/4 agreement, depending on the jurisdiction. If the decision is to not 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.

If the prosecutor decides to file a felony complaint against you instead of presenting the case to a grand jury to decide on indictment, the case will go through to a preliminary hearing. During the preliminary hearing, the judge listens to arguments from the prosecutor and your attorney. The prosecutor will be attempting to convince the judge that the case should go to trial, so they may call witnesses to testify and can introduce physical evidence. Your defense attorney usually cross-examines witnesses and calls into question any other evidence presented against you. Your attorney will be seeking to convince the judge that the prosecutor’s case is not strong enough against you and must be dismissed 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.

Misdemeanors and felonies are not separated by the crime being charged but are more determined by whether or not the defendant may be punished for a certain length of time or in a specific type of prison. A misdemeanor is generally a less serious criminal offense and is punishable for 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 that are 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 because Missouri courts have bail schedules that include amounts determined for most misdemeanors. If the bail amount is known, the defendant can either post a cash bond or contact a co-signer or bail bond company to arrange for a surety bond or property bond. More serious felonies require at least an overnight stay for a bond hearing.

Generally, criminal charges will have a significant impact on all areas of a person’s life, profession, family, education, etc. It is recommended to obtain a criminal defense lawyer to ensure the matter is addressed properly and the potential negative consequences are minimized. The lawyers at Deputy & Mizell are highly experienced in criminal defense cases. Reach out to speak with an experienced criminal defense lawyer in Camdenton and Lebanon, MO, about your case.

It is critical to speak with a lawyer before making any decisions about your plea. Any plea bargain needs to be carefully evaluated. A lawyer will ensure that your rights have been protected and that you understand the short term and long term consequences of the plea.

Failure to read you your rights makes anything the police ask you regarding your case null and void and inadmissible in the eyes of the courts. It doesn’t matter where the police interrogate you — if they haven’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 plead the Fifth, the police have no right to make you answer any questions. If you are harassed by the police after informing them that you are not speaking without a lawyer present, you may be able to have the case dismissed on a violation of your civil rights.

Yes, you can. Though many people feel that the involuntary usage of bodily and physical examples by the authorities is a violation of our civil rights, the U.S. Supreme Court has ruled that the Fifth Amendment is regarding communication and does not include physical samples.

The amount of 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 really no way to determine exactly how long your specific case will take.