All arrests are stressful, and felony arrests are the most serious. If you’ve never gone through the criminal legal system before, you’re probably wondering what to expect.
Working with an experienced criminal defense lawyer is the best way to prepare. A skilled attorney can guide you through everything from interrogations and plea negotiations to court appearances and trial, all while building a strategic defense for your unique case.
Arrest and Booking
After police arrest you, they’ll transport you to a local station or jail for booking. Booking involves collecting personal information like fingerprints and photographs. You’ll then move to a holding area until the next step in the process.
In Missouri, law enforcement must file a probable cause statement with the prosecutor after a felony arrest. This written statement explains to prosecutors why the police arrested you. Prosecutors can choose whether to move forward and file charges.
Initial Holding and Bond
Once booked, you can remain in custody until bond is set. The court may set bond or release you on your own recognizance. This usually depends on your criminal history, how serious the alleged crime is, and whether you’re a flight risk.
If you can’t immediately post bond, you’ll remain in custody until your first court appearance. That appearance usually happens within 24 to 48 hours of arrest.
First Court Appearance
Next, the court informs you of the charges and your rights at your first court appearance (arraignment). If the prosecutor has filed charges, the court reads them to you. If not, the prosecutor may request more time to decide whether to file.
You can address bond at this stage if it hasn’t already been set. Your attorney can argue for lower bond or release conditions.
Preliminary Hearing or Grand Jury
The next step depends on how the prosecutor chooses to proceed. This happens in one of two ways:
- Preliminary hearing: This hearing is an opportunity for a judge to hear testimony and decide if there’s enough evidence to continue. The standard is lower than at trial. Probable cause is simply enough evidence to suggest a crime has occurred, and you’re the one who committed it.
- Grand jury: A grand jury is a group of citizens. They review evidence presented by the prosecutor and decide whether to issue an indictment.
Most felony cases use preliminary hearings. However, prosecutors may choose a grand jury for sensitive or high-profile cases.
Formal Arraignment
If the judge or grand jury finds probable cause, the case proceeds to a formal arraignment, where you’ll officially enter a plea. Most people plead not guilty at this stage to protect their rights and defense options.
Discovery and Pretrial Hearings
Next, both sides exchange evidence. Your defense attorney can file motions to suppress evidence, challenge how police conducted the arrest, or dismiss charges if the prosecutor’s case has flaws. Pretrial motions can weaken or disprove the prosecution’s case.
Plea Negotiations and Trial
In many cases, plea negotiations occur before trial. The prosecutor may offer to reduce the charge or recommend a lighter sentence in exchange for a guilty plea. Your attorney will advise you as to whether it’s best to take a plea deal or go to trial, but it’s ultimately your decision.
If the case isn’t resolved through motions, dismissal, or a plea deal, you will go to trial. During trial, the prosecutor must prove your guilt beyond a reasonable doubt.
Sentencing
If you’re convicted, you’ll appear at a sentencing hearing. Courts will consider the statutory range for the crime, the aggravating or mitigating factors, victim impact statements, and other information to decide what is appropriate. They can also give you probation and fines, among other sentencing conditions.
Get Strategic Legal Guidance From Our Experienced Criminal Defense Team
Travis Noble, P.C., has decades of experience and insider knowledge of law enforcement procedures. If you’ve been arrested, contact us right away to protect your rights and start building your defense.