Office of the
Prosecuting Attorney

for Audrain County, Missouri

home.gif (1230 bytes)whatwedo.gif (1310 bytes)
staff.gif (1462 bytes)roadmap.gif (1455 bytes)
witness.gif (1446 bytes)directions.gif (1465 bytes)
order.gif (1444 bytes)
traffic.gif (1440 bytes)checks.gif (1274 bytes)
support.gif (1597 bytes)press.gif (1347 bytes)
faq.gif (1195 bytes)links.gif (1278 bytes)
email.gif (1176 bytes)blankbutton.gif (1100 bytes)

 

Disclaimer

 

 

 

Criminal Case Road Map

robber1.gif (792 bytes)
A crime is committed

The police are called

police car.gif (1685 bytes)

 

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.

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.

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.

handcuffs2.gif (3434 bytes)

Sometimes the police will postpone an arrest and  ask the prosecuting attorney to review the case first.

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.

prosecutor.gif (4360 bytes)


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.

Criminal charges are not filed by the police, nor are they filed by victims of crime.

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.

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

bail.gif (2372 bytes)

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

bluebullet.gif (299 bytes) 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.

bluebullet.gif (299 bytes) 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.

bluebullet.gif (299 bytes) 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.

 

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.  

bluebullet.gif (299 bytes)

Sentencing

bluebullet.gif (299 bytes)   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

bluebullet.gif (299 bytes)  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.

bluebullet.gif (299 bytes) Where the judge sentences a defendant, he will consider the crime itself, the prior criminal record of the defendant and other related circumstances.

lodging.jpg (6280 bytes)

bluebullet.gif (299 bytes) The defendant may be sentenced to jail or placed on probation. He may be ordered to make restitution and pay court costs and fines.

bluebullet.gif (299 bytes)   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.


  Page last updated on 15 March 2002