Kimberly Kollmeyer • March 25, 2026

Not Guilty Chapter 9 | Preliminary Hearing and Grand Juries

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.
Alexis and Charles the lawyer arrived for court for her preliminary hearing. When it was her turn, Charles called her up, and informed the Judge that they would be waiving their preliminary hearing. Alexis was not sure what that meant. The Judge asked her if that was what she wanted to do, and she looked panicked back and forth between Charles and the Judge. The Judge told Charles to take a few minutes to talk to his client. “It is just a rubber-stamp hearing”, he told her in the hall. “The Judge always grants them. This is not about guilt or innocence. It is just about whether they have evidence. We need to make sure we preserve the ability to negotiate with the prosecutor for you.” Still scared and confused, Alexis followed Charles back in front of the Judge, and agreed to waive her preliminary hearing. She was given another court date, this time for circuit court, whatever that meant, and she was shuffled back out of the courtroom. This was her fourth court appearance.

Her fifth court appearance was in circuit court, in a different room in the same building with a different judge. Charles appeared, called her up, waived arraignment, and asked for a continuance. He wrote down her next court date for her, and asked her to schedule an appointment to see him to discuss options.
Braxton found himself in circuit court via indictment by the grand jury. His case was not filed before the date the jail had given him for his first court appearance, and he was not notified of the new court date. He would have been arrested for failing to appear had his attorney not observed his name on the docket (the list of cases to be heard that day). His attorney called Braxton and got a voicemail. He then called Braxton’s bondsman, and his mother, who eventually was able to reach Braxton and tell him to get to court. He showed up late, in a rush, in a muscle shirt, Khaki shorts and flip-flops, with marijuana earrings. The Judge instructed his attorney to discuss proper courtroom attire with him and warned him that he would be refused entry if he appeared in such attire in the future. Braxton’s attorney waived arraignment and entered a plea of not guilty. He requested a suppression hearing.
*Disclaimer: This book is intended as an informational resource regarding the criminal court process in the State of Missouri, not to advise you legally concerning your specific legal situation. This book is not intended to take the place of a skilled and competent attorney. If you or a loved one are facing charges in the criminal courts, you have potential rights at risk, and you need to get an attorney. The choice of an attorney is an important decision, not based on advertising alone. You are not represented by the writers of this book, and the writers of this book are not liable for any reliance on the information in this book. You need to get your own attorney to advise and assist you concerning the specific facts of your situation. This book was written in 2024 concerning Missouri law and does not apply to the laws of other States. Sometimes laws change. Different locations have different practices and local rules. This book is not intended to be exhaustive. If you are in need of an attorney, do not rely on this book, GET A LAWYER!