To be charged or arrested for a crime in the state of Missouri is a frightening experience. You do not know what to do. But you do not have to do it alone. You do have rights. And you do have legal relief. This booklet will give you your rights and what a criminal defense attorney can help you with.
What is Criminal Defense?
Defense of crime is attempting to defend the accused individual who is charged with a crime. You would like to battle to uphold your freedom and your good name if at all feasible. Your defense attorney represents you in the court of law. They read the facts, look for loopholes, and protect your rights. Their mission is to give you the best possible opportunity on the grounds of law.
Types of Criminal Charges in Missouri
In Missouri, crimes fall into two main types:
1. Misdemeanors
- Less serious
- Can lead to jail time under one year
- Examples: petty theft, simple assault, first-time DWI
2. Felonies
- More serious
- Can lead to prison time over one year
- Examples: drug trafficking, robbery, murder
Each type has its own rules. Your charges decide what you’re facing. A defense lawyer can explain what the charges mean for you.
Your Legal Rights in Missouri
When you become arrested for a crime, the law promises you plenty of rights. They are there to protect you. But only if you fight for them.
You are guaranteed:
- To remain silent
- To have counsel present
- To receive a public and unbiased trial
- To confront your accuser
- To be free from unreasonable search and seizure
Don’t utter a word to police officers unless you have an attorney with you. Take a wrong turn and you’re headed for prison.
How a Criminal Defense Attorney Protects You
It is well worth hiring an attorney in advance. These are the ways an attorney works for you:
1. Protect Your Rights
An attorney prevents the police from harassing you. They ensure that you are treated fairly.
2. Construct a Strong Defense
They collect evidence, interview witnesses, and examine the police’s actions for mistakes.
3. Coordinate Your Documents and Timeline
Courts move quickly. Your attorney understands what needs to happen when.
4. Negotiate with the Prosecutor
Charges are lowered or dropped on occasion. That is negotiated by an attorney.
5. Represent You in Court
They advocate for you in court politely and respectfully.
Step-by-Step Breakdown of a Missouri Criminal Case
There is natural concern about what happens. Here is an overview:
1. Arrest
Police arrest you if they think that you have committed a crime.
2. Charges Filed
The prosecutor decides on charges.
3. First Court Appearance (Arraignment)
You hear the charges. You can plead guilty or not guilty. Always speak with an attorney first.
4. Pre-Trial
Attorneys negotiate facts, make motions, and will try to settle the case.
5. Trial
When not settled, the case is decided. You can have it decided by a judge or jury.
6. Verdict and Sentencing
If you’re guilty, the judge decides your punishment. Not guilty, and you’re free to go.
What If You’re Convicted?
Conviction is when you’ve been found guilty. The punishment depends on the crime. They are:
- Imprisonment or jail
- Fines
- Probation
- Community service
- Loss of rights (i.e., to vote or own a gun)
A conviction is on your record. It may make it more difficult to find a job, rent an apartment, or be approved for a loan.
Can Charges Be Dropped?
Yes. Charges can be reduced or dismissed in certain cases. Reasons are:
- Insufficient evidence
- Witness recants
- Police mistakenly arrested you
Your attorney can have further charges reduced if there is a more serious issue with your case.
Common Defenses to Criminal Charges
Each case differs. With that said, there are several common defenses that are utilized in Missouri:
- Self-defense: You were protecting yourself or another person.
- Alibi: You were elsewhere during the commission of the crime.
- Mistaken identity: Someone else perpetrated the crime.
- Illegal search: Police weren’t doing their job when they searched you.
A good Kansas City traffic attorney will determine what to do with your case.
Why You Can’t Afford to Do It Yourself
The law is complex. A single mistake ruins your life forever. This is what will happen if you do not have an attorney:
- You miss crucial deadlines.
- You nasty-ly respond to the police.
- You settle for a diluted plea offer.
- You don’t know how to defend against flimsy charges.
Even when you are innocent, you require help. An attorney is trained to put the system on your side—rather than against you.
Choosing the Best Criminal Defense Lawyer
Not all lawyers are created equal. Choose one who:
- Is very experienced in criminal defense
- Has experience in dealing with cases of your type
- Current and an active listener
- Explains things in plain English
- Has an impeccable court record
Inquire about fees, too. Some lawyers have payment plans.
When Do You Call a Lawyer?
Immediately. Even if you’re not in jail, it’s a good idea to call a lawyer if:
- You are under investigation
- You are questioned by the police
- You are noticed by the court
The sooner you are treated, the better your case will be.
Missouri’s Court System Overview
Missouri also has state, federal, and local courts. The criminal cases start out in the Circuit Court for most of them. The large cases will be transferred to the upper court. There’s only one per county. So local practice is a bit different. Your attorney will know what’s done in your area.
Expungement: Wiping Your Record
Some crimes can be wiped from your record. That’s expungement.
You may qualify if:
- It’s been 3 years since your misdemeanor (7 for felonies)
- You didn’t pile on additional charges
- You served your time
New beginnings are such a wonderful thing starting fresh. Your lawyer will be able to tell you if and when you’re eligible.
FAQs
1. Do I get jailed for the first offense in Missouri?
Yes, even on your first offense, you can get jailed. But your lawyer can keep that from happening by asking for probation or some other alternative.
2. But I didn’t know what I was doing was against the law.
Ignorance of the law is no defense and will not keep charges from being filed. But your attorney can advise you whether this somehow might be used to work in your favor.
3. Do I have to speak with the police if they stop me?
No. You don’t have to speak. Always request a lawyer first.
4. How much does it cost to hire a Missouri criminal defense attorney?
It depends on the case. Some are hourly, some are a flat fee. Ask for fees before you sign on.
5. Will being convicted of a crime harm my future?
Yes. It can harm job, home, and school. A lawyer can reduce the damage or discuss wiping your record clean with you in the future.
Final Thoughts
Being accused of a crime is not the same as being guilty. You’re entitled to defend yourself. A skilled criminal defense attorney in Kansas City will be representing you, asserting your rights, and leading you through to the best possible outcome. Don’t gamble. If you’re in a jam—and believe you are—grab the phone and call an attorney today. Your future is too valuable to bet on.”.
