Office of the
Prosecuting Attorney
for Audrain County, Missouri
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Criminal Case Road Map |
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A crime is committed
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The police are called |
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Most
reported crimes are investigated by the local police, the county sheriff or the highway
patrol. Investigation may include interviewing victims, witnesses, suspects; collecting
physical evidence; photographing and measuring the crime scene. Witnesses may need to
identify suspects by way of live or photo line-ups.
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A
few types of crime (such as criminal non-support, public health related crimes and
consumer or welfare fraud) may be investigated by other agencies.
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If
the police have probable cause to believe that a crime has been committed, they may arrest
the suspect immediately. He may be released on a bond immediately after booking; or he may
be held up to twenty hours while charges are filed and an arrest warrant is issued by a
judge.
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Sometimes
the police will postpone an arrest and ask the prosecuting attorney to review the
case first.
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Prosecutor Review: |
Police
reports and witness statements are sent to the Prosecuting Attorney who makes the decision
whether to file a charge, and, if so, what the charge should be. |
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The Prosecuting Attorney
thoroughly reviews all evidence in the case, as well as the suspect’s prior criminal
record. Occasionally, the reviewing Prosecutor sends the case back to the police to
conduct additional investigation.
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Criminal charges are not
filed by the police, nor are they filed by victims of crime.
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Misdemeanor
& Felonies: Misdemeanors are less serious crimes than felonies and misdemeanors
are punishable by fines and up to a year in jail. Felonies are crimes punishable by a year
or more in the Department of Corrections.
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Arrest, Bond, Arraignment
and Preliminary hearing |
In
most cases, the defendant will be released from the Audrain County Jail upon posting
a bond. The purpose of a bond is to ensure that the defendant appears in court.
Often a bondsman will post the defendant’s bond for a fee.
A defendant who posts a cash bond
can get the bond back when the case is concluded, but a fee paid to the bondsman is not
held by the court and is not returned. |
Get Out of Jail
If the defendant fails to appear
in court, his bond is forfeited. If the the bondsman stands to lose the money, he may hire
a bounty hunter to track down and return the fugitive defendant to justice. |
When
the defendant first appears in court, the judge will read the charges that
have been filed. The defendant is allowed time to hire an attorney if he chooses. In cases
involving a fine only, he may choose to go ahead without an attorney. If he cannot afford
an attorney, one is appointed from the state public defender’s office (but only if he is
facing a jail sentence). Misdemeanor
cases are then set for trial by a judge or by a jury. In felony cases, a preliminary
hearing is held before charges are filed in the circuit court.
At the preliminary hearing witnesses are called to testify
and the state must present sufficient evidence to convince the court that
probable cause exists to show that a felony has been committed and that the defendant is
the person who committed it. If probable cause is not shown, the case is dismissed. In
most cases, however, probable cause is shown and the defendant is ordered to answer the
charges in the circuit court where the case is then set for a jury trial. |
Pre-Trial |
DISCOVERY:
Before trial the state must provide the defendant with all the evidence that it will use
at trial and any evidence that may be favorable to the defendant. The defendant must also
let the state know who its witnesses will be. DEPOSITIONS:
A deposition is the recorded testimony of a witness, given under oath in the presence of
the defense attorney, the prosecuting attorney and often the defendant. The defense (and
in rare occasions, the state) sometimes require a deposition of witnesses. The purpose of
taking a deposition is to determine, test, and preserve the testimony of a witness.
MOTIONS: Either side may ask the court to
rule on certain issues before trial and there may need to be hearings with evidence
presented. Sometimes the defendant will file a motion to keep out evidence that he
believes was unlawfully obtained. If successful on such a motion, the jury will not be
permitted to hear such evidence.
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The Trial: |
A trial may be heard by a judge (called a "bench trial") or by a jury. In a
bench trial the judge decides all issues involving both the law and the facts.
In a jury trial the judge
rules on the law, but the jury decides factual issues and declares the defendant
GUILTY or not-GUILTY. Go here for more details about jury duty and jury
trials.
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Sentencing |
The state legislature has set the minimum and maximum punishment for each
crime. The prosecuting attorney neither set fines, nor sentences the defendant to jail.
The prosecutor only recommends a punishment. The defendant can agree or he may argue to
the judge or jury for a different punishment.
In a jury trial, sentencing is determined by a jury, unless the defendant is a prior
offender in which case the judge sentences the defendant. The
judge may lower the sentence of the jury or may place the defendant on probation.
Where the judge sentences a defendant, he will consider the crime
itself, the prior criminal record of the defendant and other related circumstances.
The defendant may be
sentenced to jail or placed on probation. He may be ordered to make restitution and pay
court costs and fines.
Victims may be
contacted by our office before sentencing to provide a victim impact statement. They may
also be contacted by the Board of Probation and Parole to provide information used in
preparing a pre-sentence report to the court.
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Page last updated on
15 March 2002
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