An indictment is a formal accusation made by a prosecutor alleging that a person has committed a crime. The prosecutor must file a document with the court – a complaint, an information or an indictment – and a court file with a case number is created. Unless sealed, it will appear on CaseNet.
At Rose Legal Services, we have helped thousands of people who have been charged, arrested, or investigated for crimes in Missouri.
The difference between arrest and prosecution
Arrest and prosecution are two different things. An arrest occurs when law enforcement takes you into custody because they believe you have committed a crime. However, charges can only be brought by the public prosecutor after the evidence has been examined. It is possible to be arrested but never charged, or to be charged without being arrested first.
The role of the prosecutor
The public prosecutor plays a crucial role in criminal charges. In Missouri, the officer is called the “prosecuting attorney” of the county in which he or she serves, except for the city of St. Louis, where that officer is called the “circuit attorney.” Most counties will also have assistant district attorneys, and larger counties and the city of St. Louis will have many assistant district attorneys (or assistant district attorneys in the city of St. Louis).
The prosecutor’s duties include:
- Establishing a link between law enforcement and the courts
- Evaluating evidence to determine whether charges should be filed
- Deciding which specific charges should be filed with the court
- Creation and archiving of billing documents
- Filing charges that may differ from law enforcement’s original recommendations
- Make decisions to dismiss charges
- Submit necessary case information to the court
- Submitting objection offers and participating in objection negotiations
- Conducting evidentiary hearings or a trial if necessary
Classification of Criminal Charges in Missouri
Classification of crimes
Felonies are serious crimes punishable by state prison sentences of one year or longer. Missouri recognizes these classes of offenses:
- Class A Felonies: The penalty is 10 to 30 years or life imprisonment
- Class B Felonies: Prison sentences of 5 to 15 years
- Class C Felony: Prison sentences of 3 to 10 years
- Class D Felonies: Prison sentences of up to 7 years
- Class E Felonies: Prison sentences of up to 4 years
Classification of administrative offenses
Offenses can be punished with prison sentences and fines:
- Class A misdemeanors: Up to one year in prison and fines up to $2,000
- Class B misdemeanors: Up to six months in prison and fines up to $1,000
- Class C Misdemeanor: Up to fifteen days in jail and fines of up to $700
- Class D Misdemeanor: Fines up to $500
- Unclassified offenses: Penalties Established by Missouri Law
What happens after a criminal complaint is filed?
After charges are filed, several important events occur in the criminal trial:
- First appearance: You will be officially informed of the charges and can file a lawsuit. The court will consider bail conditions and suitability to serve as a public defender, if appropriate.
- Investigation procedure: In felony cases, you may have a preliminary hearing or a grand jury review based on probable cause.
- Preliminary proceedings: Your attorney can request or adjust bail, challenge evidence, make motions, and negotiate with prosecutors.
Constitutional rights in criminal matters
Every person in the United States has basic constitutional rights in criminal matters, including:
- The right to remain silent
- The right to a lawyer
- The right to a fair and speedy trial
- The right to call witnesses against you
- The right to present evidence in your defense
- The right to call witnesses, including the use of the court’s subpoena power
- The right to testify or not to testify
- The right to be presumed innocent until proven guilty
- The right to appeal
Why you need a lawyer
At Rose Legal Services, we dedicate our practice exclusively to criminal defense. This focus allows us to maintain a deep understanding of Missouri criminal law and procedure while building strong professional relationships with local prosecutors and judges.
If you are accused of a crime in Missouri, you should not wait to seek legal help. Contact Rose Legal Services today to schedule a confidential consultation. Let us put our experience and commitment to work for you.
