ENTERING A PLEA OF GUILTY – Misdemeanors. The Court will first want to know that the defendant understands what he or she is pleading guilty to, as well as the range of punishment associated with that charge. The court will want to be sure the defendant understands the trial rights that are being given up by entering a plea of guilty, including the right to remain silent, that anything that the defendant may say could be used against him or her; the right to be represented by an attorney; the right to plead not guilty and proceed to trial; and the right to confront and cross examine witnesses at trial or subpoena witnesses to appear to testify at trial. There will be no trial after a guilty plea, and the right to an appeal is extremely minimal (basically with limited exceptions, there is no right to appeal) after entering a plea of guilty (swearing you did it). The court will want to know that the defendant is not under the influence of anything that could impair his judgment, that there is a factual basis for the plea, no potential defenses that could get him out of it, and that the defendant is pleading guilty because he IS guilty. Caution. People like to say, years after the fact, that they weren’t really good for it. They just plead out because they had to. They say their public lawyer made them, or that it was the only way to get out of jail, or that they took it for their girlfriend…. Whatever the excuse, if they said they did it, plead guilty, basically swore in court that they did it, they’re going to be stuck with it. It is no simple thing for someone to come back after the fact and claim they’re not good for something they plead to. Guilty pleas should be handled with great caution, at the advice of a licensed attorney. Entering a plea of guilty – Felonies. There are more rights at stake, and higher penalties, so the courts are far more detailed with felony pleas. The courts will also rarely accept a felony plea without the assistance of counsel. You need a lawyer to go through this process. There is too much at stake to not have a lawyer. If you are going through this process, get a lawyer! The felony guilty plea will include identifying the defendant, to verify they have the right person, that he can understand, read, and write the English language, that he understands what he is charged (accused) with, and the potential range of punishment associated with that crime. They will go over the specific facts of the crime the defendant is charged with, including the date and location. They will go over his trial rights, which include:

How does having children impact the divorce process in Missouri? Divorce can be emotionally challenging, especially when children are involved. Parents often find themselves not only dealing with the end of their relationship but also negotiating the future of their most cherished priorities, their children. The process becomes emotionally demanding as parents must balance their desires with what is best for their children. This emotional aspect can complicate decision-making, making it critical to remain focused on the children's well-being. Does the age of the children affect the divorce process? Yes, the children's ages can influence the divorce dynamics. For instance, teenagers often have stronger opinions and may be less likely to adhere to a strict custody arrangement dictated by a court. The needs and preferences of older children can add complexity to custody decisions. What feels most uncertain or overwhelming for parents at the beginning of the divorce process? Many parents are surprised by the emotional intensity of the divorce process. While legal documents can be drafted and advice given, the emotional decision to end a relationship is deeply personal. By the time individuals seek legal assistance, many have already experienced significant emotional turmoil and are often entrenched in their positions, making the initial stages particularly challenging. How does the Missouri court approach custody decisions when both parents are involved? Missouri courts operate under the presumption that joint physical and legal custody is in the best interest of the child, though this doesn't always mean a perfect 50/50 split. The law promotes frequent and meaningful contact with both parents, and it's the responsibility of the parent contesting this arrangement to prove why a different custody arrangement would better serve the child's interests. Judges often favor joint custody unless compelling reasons, such as abuse or logistical challenges, suggest otherwise. In what situations might custody not be split equally? Custody arrangements may vary significantly in cases of physical abuse or when one parent relocates far from the other. If parents live too far apart to share custody equally, practical challenges like school attendance can prevent a 50/50 split. In such instances, the parent remaining in the child's original jurisdiction may be favored in custody arrangements. What happens immediately after a divorce case is filed? Once a case is filed, a temporary custody order is often needed to establish where and when the child will be with each parent. This order helps reduce conflict by providing a clear schedule. Ideally, parents can agree on this schedule, considering the child's routine and needs. However, if agreement isn't possible, a judge may need to intervene to establish an interim arrangement. What tends to confuse parents when making decisions about their children during a divorce? The emotional nature of divorce can lead to irrational decision-making. Parents may reach agreements without fully understanding the implications, such as the financial value of certain assets. Lawyers can help evaluate these agreements to ensure they are equitable. When it comes to children, parents often fight passionately, which can complicate negotiations. What factors influence the final outcome of custody decisions? The presumption of a 50/50 custody split guides initial judicial assumptions, but factors like proximity to school, parental involvement in the child's education and medical care, and the ability to co-parent effectively can influence the final decision. Courts aim to ensure both parents have the opportunity to be involved in their children's lives, even if historical roles within the family have varied. What is the difference between legal custody and physical custody? Legal custody involves the right to make significant decisions about a child's education, health care, and religious upbringing, while physical custody relates to the actual time the child spends with each parent. It's possible for parents to share legal custody even if one parent has primary physical custody due to logistical constraints, ensuring both parents have a say in important life decisions for their child.

AT ALEXIS’ NEXT COURT APPEARANCE, Charles wanted to know if she wanted to take the “deal”. She didn’t know what to do. She was supposed to work that night. She couldn’t go to jail! She literally waited two hours before her turn in front of the judge came up. She appeared with Charles, who told the Judge she was going to take the deal. The Judge told Alexis to raise her right hand, and swear to tell the truth. The Judge asked her if she was pleading guilty. She was terrified, but she said “no”. She could see Charles huffing and puffing, and getting redder and redder out of the corner of her eye. She said she wanted a new lawyer. During court, she had observed a lawyer who was talking to his clients in the hall. Dan had been the lawyer whose name and number were etched into the wall at the jail. She watched Dan argue to the judge on behalf of his clients. She had never seen Charles do that. She talked to one of the people who had Dan as her lawyer, and that lady told her she was happy with Dan. She gave her Dan phone number. So Alexis told the Judge she wanted Dan as her lawyer. She could see Dan watching awkwardly from across the room. Charles was upset. The Judge asked her if she was “firing” Charles. He suggested maybe they should go out in the hall and talk about this. Charles promptly told the Judge he would withdraw. The Judge asked Alexis if that was okay. “I guess so? Um, yes.” Dan approached but told the Judge that he could not enter until he and Alexis had time to talk. The Judge gave Alexis another court date. Dan approached and pulled out his calendar to schedule an appointment to meet. Alexis asked about the money she had paid Charles, and Dan told her that she would have to talk to Charles about that. Dan told her when she called Charles to ask about the fees she had paid him, she should also ask for a copy of her file. Dan gave Alexis a business card, and then quickly returned to the courtroom. This was Alexis’ sixth court appearance.

THE PROSECUTING ATTORNEY IS an elected position. The people of the county elect a lawyer and give that person authority and the responsibility to accuse people of crimes, and file those accusations with the court. Prosecutors pride themselves for protecting the community and defending crime victims. Depending on the size of the county, the elected prosecutor may hire additional lawyers for his office, who are called assistant prosecutors. The accusations filed by the prosecutor’s office are called Charges , and the Charges filed will either be called a “ complaint ” or an “ Indictment ”. The prosecutor will file charges based on reports provided to his office by law enforcement. The sheriff’s deputy, or whatever law enforcement officer may have conducted the arrest, is typically not a lawyer. He will prepare reports accusing the defendant of a crime, but ultimately the prosecutor (who IS a lawyer) will review that paperwork, and determine first whether to file charges, and secondly what are the appropriate charges. Prosecutors do not file charges on every case that is presented to them. Perhaps law enforcement made a bad investigation or arrest. Sometimes the prosecutor chooses to file charges as a different crime than the law enforcement officer thought was appropriate. For example, law enforcement might have felt that an appropriate charge was Assault in the Third Degree, but the prosecutor’s office might to file it as Assault in the Fourth Degree, or vice versa. The prosecutor may not choose to file for every crime he or she felt was committed. They are also allowed to request to amend or change the charges, and they have the right to file additional crimes, as the court process progresses. For whatever their reasoning, they have complete control over what charges they choose to file, and they have the right to choose to dismiss charges as well. If they take a case to trial, they surely have thought that through, because they could have dismissed it at any point. The vast majority of criminal cases make guilty plea agreements, which makes sense, because if the prosecutor did not believe in his case, he should have/would have dismissed it along the way. Often times, Defendants will believe that the prosecutor will simply dismiss the charges. While lots of people believe it could happen, it happens very rarely. If the prosecutor believed he had sufficient evidence that he filed a crime, it is highly unusual for him to choose to dismiss those charges.

* ** DISCLAIMER: If you are charged with a crime, you need a lawyer! Certain offenses have individualized requirements. For example, a first-time DWI (Driving While Intoxicated (which is basically the same as a DUI, driving under the influence) (one may be referring to alcohol while the other may be referring to drugs) is generally filed as a Class B misdemeanor, and may require two days in jail. A fourth-time “chronic” DWI is generally filed as a Class B Felony and requires two years in prison. Sex offenses can require an offender register on the sex offender registry. There is such a thing as an unclassified felony! A life sentence in the State of Missouri is classified as 30 years, but some offenses don’t have a statutory maximum. This is not an all-inclusive list of potential outcomes. It is very important that you discuss these things with an attorney! Misdemeanors* Up to one year in jail, or up to a $2,000 fine, or some combination thereof. Up to six months in jail, or up to a $1,000 fine, or some combination thereof. Up to fifteen days in jail, or up to a $750 fine, or some combination thereof. Up to a $500 fine. Infraction. Up to a $400 fine. Felonies** Ten to thirty years in prison. Five to fifteen years in prison. Three to ten years in prison, or up to a $10,000 fine, or some combination thereof. Up to seven years in prison, or up to a $10,000 fine, or some combination thereof. Up to four years in prison, or up to a $10,000 fine, or some combination thereof. * ** Disclaimer: If you are charged with a crime, you need a lawyer! Certain offenses have individualized requirements. For example, a person charged as a “ prior offender ”, or as a “ persistent offender ”, or as a “ prior and persistent offender ” may be subject to increased maximums and or increased minimums. This is not an all-inclusive list of potential outcomes. It is very important that you discuss these things with an attorney! Persistent Misdemeanor Offender – The Defendant has previously been found guilty of two or more A or B Misdemeanor offenses committed at different times. Prior Offender – The Defendant has previously been found guilty of one felony. Persistent Offender – The Defendant has previously been found guilty of two or more felonies committed at different times. Dangerous Offender – The Defendant has been found guilty of a class A or B Felony, or a dangerous felony, and is being sentenced for a felony where he murdered or endangered or threatened the life of another person or knowingly inflicted/attempted/threatened to inflict serious physical injury on another person.

THE BASIC OPTIONS, on the broadest of spectrums, are either to enter a guilty plea, or to have a trial. Lots of people get mentally stuck here. They won’t plead, and they’re scared of trials. More specifically, every case is different. There are different ranges of punishment available, and the defense attorneys will attempt to negotiate with the prosecutor to try to reach an agreement regarding potential outcomes, if the case is not going to trial. Sometimes, agreements can be reached to reduce the or amend the charges. It is like changing the label on a can of soup. Something happened, they’re just going to relabel it. Assault in the First Degree could potentially be reduced to Assault in the Second Degree. Delivery of a Controlled Substance could be reduced to Possession of a Controlled Substance. Maybe, with some creative facts, the label can be changed entirely: Speeding might be amended to Defective Equipment (a non-moving violation which is better regarded by insurance companies and does not impact a driving record to the same degree). Nothing says the prosecutor must negotiate. Sometimes they will refuse. They may cite their duty to protect the community. The Defendant may also not want to negotiate. The defendant may choose to stand on his or her innocence. If there is not going to be a guilty plea or some other form of negotiated resolution, and if the prosecutor is not willing to dismiss the case (which they almost never do), then the case must go to trial. This is not something to take lightly. If you are in this situation, you need a lawyer. Do not just rely on this book. You are not represented by this book. Find competent counsel to review the specifics of your case and your situation. You have rights on the line.

ALL MISSOURI CRIMINAL CASES BEGIN in associate court . Felony cases climb the ladder into circuit court. The process of ascending from associate court to circuit court has its roots in ancient justice systems, where people sometimes just disappeared. Family and loved ones did not know what was happening, and court was not open to the public, or open record. Today, in the State of Missouri, in order for a person to be charged with a crime, probable cause must be produced to justify, by a preponderance of the evidence, charging the defendant with a crime. One police report, titled a probable cause statement , must be filed with the case, and a judge must be satisfied that probable cause exists. Because that judge has then reviewed the evidence and might later be biased when determining guilt or innocence, it would not be fair to have the same judge review the evidence for probable cause to justify the filing of a crime, and also for a determination of guilt or innocence at trial. The case must move on to a different judge for trial. Hence felony cases moving up the ladder from associate court, where the associate judge makes a determination of probable cause that evidence exists to justify charging a person with a crime; to circuit court, where the circuit judge will preside over the remaining proceedings, including a trial. Associate Court – The lower level, local county court, manned by the elected county circuit clerk and the elected county judge(s). Misdemeanors and other matters are heard in Associate Court. Circuit Court – The upper level, local county or circuit (multi-county) court, headed by elected circuit judges. Felonies and other matters are heard in Circuit Court. Probable Cause – evidence explaining the alleged crime. Probable Cause Statement – the one police report filed with a criminal case used to justify the filing of charges. The process for determining probable cause can be accomplished either through a preliminary hearing , or by means of a grand jury . Because the standard of review for a preliminary hearing is lower (the question is whether, by a preponderance of the evidence, evidence exists to accuse the defendant of a crime), preliminary hearings are very often found in favor of the State. Defense attorneys will often waive preliminary hearings, because it tends to aggravate prosecutors to have to put on evidence at a hearing. The legal argument is often made that this violates the defendant’s rights, but it tends to be the way things go. Given that these hearings generally go in the state’s favor, because there are other methods of investigation outside of conducting this hearing, and to maintain a bridge for negotiation, defense attorneys frequently waive preliminary hearings. Once preliminary hearings are waived, the case is transferred to circuit court, and a “-01” is added to the case number. Again, a timeline comes into play. A defendant must be arraigned in circuit court, and certain rights must be addressed or waived promptly. For example, in order to request that change of judge or venue, it must happen within ten days of arraignment. Discovery is due within ten days of arraignment after it has been requested. If you have rights on the line, get an attorney! Don’t try to do this on your own! Preliminary Hearing – an initial hearing to determine whether probable cause exists to justify charging the defendant with a crime. This hearing is held before an associate court judge. Grand Jury – a hearing before a jury panel to determine whether probable cause exists to justify charging the defendant with a crime Indictment – The initial charging document, issued by a grand jury, and filed in court to initiate criminal proceedings. Information or Complaint – The charging document filed in court to initiate criminal proceedings. The other means from associate court to circuit court is through a grand jury. Some counties use grand juries frequently. Some do not use them at all. The grand jury consists of a panel of jury members, and they meet in secret. Even if the defendant knew the grand jury was meeting, the defendant does not have a right to be present, and does not have a right to be heard or offer evidence. If the grand jury determines that enough evidence exists (probable cause) to justify charging a person with a crime, the grand jury will issue an “indictment” charging the defendant with a crime. The case will then go on to circuit court. About venue . Venue is simply location. Criminal cases are heard in the county where the alleged crime took place. A change of venue will impact where the proceedings take place, and it will impact where prospective jurors come from. It will not cause a change in court personnel. If a change of judge isn’t requested, the case will still be assigned to the same judge, and it will still have the same prosecutor. They will all just have to drive to the new location for court. If incarcerated, a defendant may be held at the jail of the new venue. The jury will come from whatever venue is assigned. A change of venue will also likely remain somewhere in the same judicial circuit (for multi-county circuits), so be careful considering your options. If you have questions about venue or any other legal matters, you should consult an attorney. Venue – Location. Criminal cases are heard in the county where the alleged crime took place. Docket – The list of cases to be heard in a day.

OFTEN TIMES, CONSEQUENCES ARISE from criminal charges that don’t directly relate to the pending criminal court case. For example, if a person picks up a criminal case for possession of drugs, his or her ex my decide to reopen their custody case, out of concern (or spite) (or both) for their joint children. Perhaps a person picks up a criminal case for possession of drugs and has their kids in the car. They may be charged with endangering the welfare of the children, and if arrested and their children have no where to go, Children’s Division and Social Services may become involved, leading to a potential juvenile court case. If there was a bad accident, in addition to a criminal charge for careless and imprudent driving, there may be a civil law suit for damages. In the example used in this book, the alleged DWI has led to a driver’s license suspension, and may create the need for a court case relating to the status of the defendant’s driver’s license. Driving Privileges – The legal ability to drive. This book is intended to address the criminal court process in simple and easily understandable terms; to reduce confusion, this book will not also address driving privilege issues. If you are facing issues associated with the legal status of your driver’s license, you need to consult an attorney. There are short suspensions, long suspensions, potential hardship privileges that can be requested of and approved by the court, reinstatements, and permanent suspensions. Much of the above requires court action. This creates a whole new set of court dates and court appearances, and additional expenses, from hiring another lawyer, to increased insurance costs, treatment, ignition interlock devices, etc. If a person is caught driving on a suspended license, that is a whole new criminal charge, more court dates, more attorney fees, and other potential consequences. Pleading guilty to driving while suspended will not only impact that criminal case, but also the current status of the person’s legal ability to drive. As an aside, it is not a good idea for a defendant to drive him or herself to court if driving on a suspended license. From time to time, judges will ask how a person got to court. If your license is suspended, you must not be driving at all. If you are facing a suspension of your drivers license, needing a reinstatement, or some other action relating to the legal status of your driving privileges, you need to consult an attorney concerning that issue.

ONCE AN ATTORNEY IS RETAINED , whether that be privately hired counsel or a public defender, the next step is for that attorney to request “discovery”. Discovery is all of the information that the State (the prosecutor) has concerning the defendant relating to the case at hand. Discovery may consist of a number of things, including but not limited to police reports, lab reports, pictures, or in the case story in this book, dash camera videos. The State is required to hand the information over within ten days of the formal request for discovery after arraignment in circuit court, and they are required to hand over everything they have. The defendant’s attorney will need to review the information in the discovery for potential defenses. He or she should also review a copy of that discovery with the defendant, to verify its accuracy, and for any additional, useful information the Defendant may have to add. The attorney or defendant may want to conduct additional investigation, through pictures, social media posts, visiting the scene, speaking with witnesses, or other things the attorney may suggest. Depositions are formal interviews of witnesses under oath. These additional strategies can cost additional monies, which should be discussed with the attorney handling the case. Not all of these forms of investigation will apply to every case. Anything the defendant can gather by him or herself will save both time and money and should be provided to the attorney. Once the attorney has reviewed all the information available, he should counsel the Defendant on his options. Discovery – All of the police reports and other evidence. Depositions – Formal interviews of witnesses under oath.

ENTERING A PLEA OF GUILTY – Misdemeanors. The Court will first want to know that the defendant understands what he or she is pleading guilty to, as well as the range of punishment associated with that charge. The court will want to be sure the defendant understands the trial rights that are being given up by entering a plea of guilty, including the right to remain silent, that anything that the defendant may say could be used against him or her; the right to be represented by an attorney; the right to plead not guilty and proceed to trial; and the right to confront and cross examine witnesses at trial or subpoena witnesses to appear to testify at trial. There will be no trial after a guilty plea, and the right to an appeal is extremely minimal (basically with limited exceptions, there is no right to appeal) after entering a plea of guilty (swearing you did it). The court will want to know that the defendant is not under the influence of anything that could impair his judgment, that there is a factual basis for the plea, no potential defenses that could get him out of it, and that the defendant is pleading guilty because he IS guilty. Caution. People like to say, years after the fact, that they weren’t really good for it. They just plead out because they had to. They say their public lawyer made them, or that it was the only way to get out of jail, or that they took it for their girlfriend…. Whatever the excuse, if they said they did it, plead guilty, basically swore in court that they did it, they’re going to be stuck with it. It is no simple thing for someone to come back after the fact and claim they’re not good for something they plead to. Guilty pleas should be handled with great caution, at the advice of a licensed attorney. Entering a plea of guilty – Felonies. There are more rights at stake, and higher penalties, so the courts are far more detailed with felony pleas. The courts will also rarely accept a felony plea without the assistance of counsel. You need a lawyer to go through this process. There is too much at stake to not have a lawyer. If you are going through this process, get a lawyer! The felony guilty plea will include identifying the defendant, to verify they have the right person, that he can understand, read, and write the English language, that he understands what he is charged (accused) with, and the potential range of punishment associated with that crime. They will go over the specific facts of the crime the defendant is charged with, including the date and location. They will go over his trial rights, which include:

How does having children impact the divorce process in Missouri? Divorce can be emotionally challenging, especially when children are involved. Parents often find themselves not only dealing with the end of their relationship but also negotiating the future of their most cherished priorities, their children. The process becomes emotionally demanding as parents must balance their desires with what is best for their children. This emotional aspect can complicate decision-making, making it critical to remain focused on the children's well-being. Does the age of the children affect the divorce process? Yes, the children's ages can influence the divorce dynamics. For instance, teenagers often have stronger opinions and may be less likely to adhere to a strict custody arrangement dictated by a court. The needs and preferences of older children can add complexity to custody decisions. What feels most uncertain or overwhelming for parents at the beginning of the divorce process? Many parents are surprised by the emotional intensity of the divorce process. While legal documents can be drafted and advice given, the emotional decision to end a relationship is deeply personal. By the time individuals seek legal assistance, many have already experienced significant emotional turmoil and are often entrenched in their positions, making the initial stages particularly challenging. How does the Missouri court approach custody decisions when both parents are involved? Missouri courts operate under the presumption that joint physical and legal custody is in the best interest of the child, though this doesn't always mean a perfect 50/50 split. The law promotes frequent and meaningful contact with both parents, and it's the responsibility of the parent contesting this arrangement to prove why a different custody arrangement would better serve the child's interests. Judges often favor joint custody unless compelling reasons, such as abuse or logistical challenges, suggest otherwise. In what situations might custody not be split equally? Custody arrangements may vary significantly in cases of physical abuse or when one parent relocates far from the other. If parents live too far apart to share custody equally, practical challenges like school attendance can prevent a 50/50 split. In such instances, the parent remaining in the child's original jurisdiction may be favored in custody arrangements. What happens immediately after a divorce case is filed? Once a case is filed, a temporary custody order is often needed to establish where and when the child will be with each parent. This order helps reduce conflict by providing a clear schedule. Ideally, parents can agree on this schedule, considering the child's routine and needs. However, if agreement isn't possible, a judge may need to intervene to establish an interim arrangement. What tends to confuse parents when making decisions about their children during a divorce? The emotional nature of divorce can lead to irrational decision-making. Parents may reach agreements without fully understanding the implications, such as the financial value of certain assets. Lawyers can help evaluate these agreements to ensure they are equitable. When it comes to children, parents often fight passionately, which can complicate negotiations. What factors influence the final outcome of custody decisions? The presumption of a 50/50 custody split guides initial judicial assumptions, but factors like proximity to school, parental involvement in the child's education and medical care, and the ability to co-parent effectively can influence the final decision. Courts aim to ensure both parents have the opportunity to be involved in their children's lives, even if historical roles within the family have varied. What is the difference between legal custody and physical custody? Legal custody involves the right to make significant decisions about a child's education, health care, and religious upbringing, while physical custody relates to the actual time the child spends with each parent. It's possible for parents to share legal custody even if one parent has primary physical custody due to logistical constraints, ensuring both parents have a say in important life decisions for their child.

AT ALEXIS’ NEXT COURT APPEARANCE, Charles wanted to know if she wanted to take the “deal”. She didn’t know what to do. She was supposed to work that night. She couldn’t go to jail! She literally waited two hours before her turn in front of the judge came up. She appeared with Charles, who told the Judge she was going to take the deal. The Judge told Alexis to raise her right hand, and swear to tell the truth. The Judge asked her if she was pleading guilty. She was terrified, but she said “no”. She could see Charles huffing and puffing, and getting redder and redder out of the corner of her eye. She said she wanted a new lawyer. During court, she had observed a lawyer who was talking to his clients in the hall. Dan had been the lawyer whose name and number were etched into the wall at the jail. She watched Dan argue to the judge on behalf of his clients. She had never seen Charles do that. She talked to one of the people who had Dan as her lawyer, and that lady told her she was happy with Dan. She gave her Dan phone number. So Alexis told the Judge she wanted Dan as her lawyer. She could see Dan watching awkwardly from across the room. Charles was upset. The Judge asked her if she was “firing” Charles. He suggested maybe they should go out in the hall and talk about this. Charles promptly told the Judge he would withdraw. The Judge asked Alexis if that was okay. “I guess so? Um, yes.” Dan approached but told the Judge that he could not enter until he and Alexis had time to talk. The Judge gave Alexis another court date. Dan approached and pulled out his calendar to schedule an appointment to meet. Alexis asked about the money she had paid Charles, and Dan told her that she would have to talk to Charles about that. Dan told her when she called Charles to ask about the fees she had paid him, she should also ask for a copy of her file. Dan gave Alexis a business card, and then quickly returned to the courtroom. This was Alexis’ sixth court appearance.

THE PROSECUTING ATTORNEY IS an elected position. The people of the county elect a lawyer and give that person authority and the responsibility to accuse people of crimes, and file those accusations with the court. Prosecutors pride themselves for protecting the community and defending crime victims. Depending on the size of the county, the elected prosecutor may hire additional lawyers for his office, who are called assistant prosecutors. The accusations filed by the prosecutor’s office are called Charges , and the Charges filed will either be called a “ complaint ” or an “ Indictment ”. The prosecutor will file charges based on reports provided to his office by law enforcement. The sheriff’s deputy, or whatever law enforcement officer may have conducted the arrest, is typically not a lawyer. He will prepare reports accusing the defendant of a crime, but ultimately the prosecutor (who IS a lawyer) will review that paperwork, and determine first whether to file charges, and secondly what are the appropriate charges. Prosecutors do not file charges on every case that is presented to them. Perhaps law enforcement made a bad investigation or arrest. Sometimes the prosecutor chooses to file charges as a different crime than the law enforcement officer thought was appropriate. For example, law enforcement might have felt that an appropriate charge was Assault in the Third Degree, but the prosecutor’s office might to file it as Assault in the Fourth Degree, or vice versa. The prosecutor may not choose to file for every crime he or she felt was committed. They are also allowed to request to amend or change the charges, and they have the right to file additional crimes, as the court process progresses. For whatever their reasoning, they have complete control over what charges they choose to file, and they have the right to choose to dismiss charges as well. If they take a case to trial, they surely have thought that through, because they could have dismissed it at any point. The vast majority of criminal cases make guilty plea agreements, which makes sense, because if the prosecutor did not believe in his case, he should have/would have dismissed it along the way. Often times, Defendants will believe that the prosecutor will simply dismiss the charges. While lots of people believe it could happen, it happens very rarely. If the prosecutor believed he had sufficient evidence that he filed a crime, it is highly unusual for him to choose to dismiss those charges.

* ** DISCLAIMER: If you are charged with a crime, you need a lawyer! Certain offenses have individualized requirements. For example, a first-time DWI (Driving While Intoxicated (which is basically the same as a DUI, driving under the influence) (one may be referring to alcohol while the other may be referring to drugs) is generally filed as a Class B misdemeanor, and may require two days in jail. A fourth-time “chronic” DWI is generally filed as a Class B Felony and requires two years in prison. Sex offenses can require an offender register on the sex offender registry. There is such a thing as an unclassified felony! A life sentence in the State of Missouri is classified as 30 years, but some offenses don’t have a statutory maximum. This is not an all-inclusive list of potential outcomes. It is very important that you discuss these things with an attorney! Misdemeanors* Up to one year in jail, or up to a $2,000 fine, or some combination thereof. Up to six months in jail, or up to a $1,000 fine, or some combination thereof. Up to fifteen days in jail, or up to a $750 fine, or some combination thereof. Up to a $500 fine. Infraction. Up to a $400 fine. Felonies** Ten to thirty years in prison. Five to fifteen years in prison. Three to ten years in prison, or up to a $10,000 fine, or some combination thereof. Up to seven years in prison, or up to a $10,000 fine, or some combination thereof. Up to four years in prison, or up to a $10,000 fine, or some combination thereof. * ** Disclaimer: If you are charged with a crime, you need a lawyer! Certain offenses have individualized requirements. For example, a person charged as a “ prior offender ”, or as a “ persistent offender ”, or as a “ prior and persistent offender ” may be subject to increased maximums and or increased minimums. This is not an all-inclusive list of potential outcomes. It is very important that you discuss these things with an attorney! Persistent Misdemeanor Offender – The Defendant has previously been found guilty of two or more A or B Misdemeanor offenses committed at different times. Prior Offender – The Defendant has previously been found guilty of one felony. Persistent Offender – The Defendant has previously been found guilty of two or more felonies committed at different times. Dangerous Offender – The Defendant has been found guilty of a class A or B Felony, or a dangerous felony, and is being sentenced for a felony where he murdered or endangered or threatened the life of another person or knowingly inflicted/attempted/threatened to inflict serious physical injury on another person.

THE BASIC OPTIONS, on the broadest of spectrums, are either to enter a guilty plea, or to have a trial. Lots of people get mentally stuck here. They won’t plead, and they’re scared of trials. More specifically, every case is different. There are different ranges of punishment available, and the defense attorneys will attempt to negotiate with the prosecutor to try to reach an agreement regarding potential outcomes, if the case is not going to trial. Sometimes, agreements can be reached to reduce the or amend the charges. It is like changing the label on a can of soup. Something happened, they’re just going to relabel it. Assault in the First Degree could potentially be reduced to Assault in the Second Degree. Delivery of a Controlled Substance could be reduced to Possession of a Controlled Substance. Maybe, with some creative facts, the label can be changed entirely: Speeding might be amended to Defective Equipment (a non-moving violation which is better regarded by insurance companies and does not impact a driving record to the same degree). Nothing says the prosecutor must negotiate. Sometimes they will refuse. They may cite their duty to protect the community. The Defendant may also not want to negotiate. The defendant may choose to stand on his or her innocence. If there is not going to be a guilty plea or some other form of negotiated resolution, and if the prosecutor is not willing to dismiss the case (which they almost never do), then the case must go to trial. This is not something to take lightly. If you are in this situation, you need a lawyer. Do not just rely on this book. You are not represented by this book. Find competent counsel to review the specifics of your case and your situation. You have rights on the line.

ALL MISSOURI CRIMINAL CASES BEGIN in associate court . Felony cases climb the ladder into circuit court. The process of ascending from associate court to circuit court has its roots in ancient justice systems, where people sometimes just disappeared. Family and loved ones did not know what was happening, and court was not open to the public, or open record. Today, in the State of Missouri, in order for a person to be charged with a crime, probable cause must be produced to justify, by a preponderance of the evidence, charging the defendant with a crime. One police report, titled a probable cause statement , must be filed with the case, and a judge must be satisfied that probable cause exists. Because that judge has then reviewed the evidence and might later be biased when determining guilt or innocence, it would not be fair to have the same judge review the evidence for probable cause to justify the filing of a crime, and also for a determination of guilt or innocence at trial. The case must move on to a different judge for trial. Hence felony cases moving up the ladder from associate court, where the associate judge makes a determination of probable cause that evidence exists to justify charging a person with a crime; to circuit court, where the circuit judge will preside over the remaining proceedings, including a trial. Associate Court – The lower level, local county court, manned by the elected county circuit clerk and the elected county judge(s). Misdemeanors and other matters are heard in Associate Court. Circuit Court – The upper level, local county or circuit (multi-county) court, headed by elected circuit judges. Felonies and other matters are heard in Circuit Court. Probable Cause – evidence explaining the alleged crime. Probable Cause Statement – the one police report filed with a criminal case used to justify the filing of charges. The process for determining probable cause can be accomplished either through a preliminary hearing , or by means of a grand jury . Because the standard of review for a preliminary hearing is lower (the question is whether, by a preponderance of the evidence, evidence exists to accuse the defendant of a crime), preliminary hearings are very often found in favor of the State. Defense attorneys will often waive preliminary hearings, because it tends to aggravate prosecutors to have to put on evidence at a hearing. The legal argument is often made that this violates the defendant’s rights, but it tends to be the way things go. Given that these hearings generally go in the state’s favor, because there are other methods of investigation outside of conducting this hearing, and to maintain a bridge for negotiation, defense attorneys frequently waive preliminary hearings. Once preliminary hearings are waived, the case is transferred to circuit court, and a “-01” is added to the case number. Again, a timeline comes into play. A defendant must be arraigned in circuit court, and certain rights must be addressed or waived promptly. For example, in order to request that change of judge or venue, it must happen within ten days of arraignment. Discovery is due within ten days of arraignment after it has been requested. If you have rights on the line, get an attorney! Don’t try to do this on your own! Preliminary Hearing – an initial hearing to determine whether probable cause exists to justify charging the defendant with a crime. This hearing is held before an associate court judge. Grand Jury – a hearing before a jury panel to determine whether probable cause exists to justify charging the defendant with a crime Indictment – The initial charging document, issued by a grand jury, and filed in court to initiate criminal proceedings. Information or Complaint – The charging document filed in court to initiate criminal proceedings. The other means from associate court to circuit court is through a grand jury. Some counties use grand juries frequently. Some do not use them at all. The grand jury consists of a panel of jury members, and they meet in secret. Even if the defendant knew the grand jury was meeting, the defendant does not have a right to be present, and does not have a right to be heard or offer evidence. If the grand jury determines that enough evidence exists (probable cause) to justify charging a person with a crime, the grand jury will issue an “indictment” charging the defendant with a crime. The case will then go on to circuit court. About venue . Venue is simply location. Criminal cases are heard in the county where the alleged crime took place. A change of venue will impact where the proceedings take place, and it will impact where prospective jurors come from. It will not cause a change in court personnel. If a change of judge isn’t requested, the case will still be assigned to the same judge, and it will still have the same prosecutor. They will all just have to drive to the new location for court. If incarcerated, a defendant may be held at the jail of the new venue. The jury will come from whatever venue is assigned. A change of venue will also likely remain somewhere in the same judicial circuit (for multi-county circuits), so be careful considering your options. If you have questions about venue or any other legal matters, you should consult an attorney. Venue – Location. Criminal cases are heard in the county where the alleged crime took place. Docket – The list of cases to be heard in a day.

OFTEN TIMES, CONSEQUENCES ARISE from criminal charges that don’t directly relate to the pending criminal court case. For example, if a person picks up a criminal case for possession of drugs, his or her ex my decide to reopen their custody case, out of concern (or spite) (or both) for their joint children. Perhaps a person picks up a criminal case for possession of drugs and has their kids in the car. They may be charged with endangering the welfare of the children, and if arrested and their children have no where to go, Children’s Division and Social Services may become involved, leading to a potential juvenile court case. If there was a bad accident, in addition to a criminal charge for careless and imprudent driving, there may be a civil law suit for damages. In the example used in this book, the alleged DWI has led to a driver’s license suspension, and may create the need for a court case relating to the status of the defendant’s driver’s license. Driving Privileges – The legal ability to drive. This book is intended to address the criminal court process in simple and easily understandable terms; to reduce confusion, this book will not also address driving privilege issues. If you are facing issues associated with the legal status of your driver’s license, you need to consult an attorney. There are short suspensions, long suspensions, potential hardship privileges that can be requested of and approved by the court, reinstatements, and permanent suspensions. Much of the above requires court action. This creates a whole new set of court dates and court appearances, and additional expenses, from hiring another lawyer, to increased insurance costs, treatment, ignition interlock devices, etc. If a person is caught driving on a suspended license, that is a whole new criminal charge, more court dates, more attorney fees, and other potential consequences. Pleading guilty to driving while suspended will not only impact that criminal case, but also the current status of the person’s legal ability to drive. As an aside, it is not a good idea for a defendant to drive him or herself to court if driving on a suspended license. From time to time, judges will ask how a person got to court. If your license is suspended, you must not be driving at all. If you are facing a suspension of your drivers license, needing a reinstatement, or some other action relating to the legal status of your driving privileges, you need to consult an attorney concerning that issue.

ONCE AN ATTORNEY IS RETAINED , whether that be privately hired counsel or a public defender, the next step is for that attorney to request “discovery”. Discovery is all of the information that the State (the prosecutor) has concerning the defendant relating to the case at hand. Discovery may consist of a number of things, including but not limited to police reports, lab reports, pictures, or in the case story in this book, dash camera videos. The State is required to hand the information over within ten days of the formal request for discovery after arraignment in circuit court, and they are required to hand over everything they have. The defendant’s attorney will need to review the information in the discovery for potential defenses. He or she should also review a copy of that discovery with the defendant, to verify its accuracy, and for any additional, useful information the Defendant may have to add. The attorney or defendant may want to conduct additional investigation, through pictures, social media posts, visiting the scene, speaking with witnesses, or other things the attorney may suggest. Depositions are formal interviews of witnesses under oath. These additional strategies can cost additional monies, which should be discussed with the attorney handling the case. Not all of these forms of investigation will apply to every case. Anything the defendant can gather by him or herself will save both time and money and should be provided to the attorney. Once the attorney has reviewed all the information available, he should counsel the Defendant on his options. Discovery – All of the police reports and other evidence. Depositions – Formal interviews of witnesses under oath.