Supreme Court Rules - Rule 33 - Rules of Criminal Procedure - Misdemeanors or Felonies - Release Pending Further Proceedings: Misdemeanors or Felonies

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Supreme Court Rules

		Section/Rule:	33.05
Subject:	Rule 33 - Rules of Criminal Procedure - Misdemeanors or Felonies - Release Pending Further Proceedings	Publication / Adopted Date:	June 13, 1979
Topic:	Misdemeanors or Felonies - Release Hearing	Revised / Effective Date:	July 1, 2022

33.05 MISDEMEANORS OR FELONIES - RELEASE HEARING

A defendant who continues to be detained after the initial appearance under Rule

21.10

or Rule

22.08

shall have the defendant's detention or conditions of release reviewed at a hearing by the court subject to the right of a victim to be informed of and heard at the hearing. The hearing shall occur as soon as practicable but no later than seven days, excluding weekends and holidays, after the initial appearance, absent good cause shown by the parties or the court. At the hearing, the court shall determine if the defendant shall be detained or released as provided in Rule

33.01

. The court may conduct the hearing by interactive video technology unless the hearing will involve the cross-examination of witnesses, in which case the defendant must waive his or her right to be physically present and have the court’s approval before the hearing can be conducted by interactive video technology. Nothing herein shall prohibit a defendant from making subsequent application for review of the defendant's detention or conditions of release under Rule

33.01

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Dec. 18, 2018; eff. July 1, 2019; Jun. 30, 2019, eff. Jan. 1, 2020; Oct. 26, 2021, eff. Jul. 1, 2022.)

Committee Note - 1980

Compare: Prior

Rule 32.08

and

Section 544.455-4, RSMo 1978