Defendant's Rights

Court clerks and personnel are not allowed to give you legal advice. You must speak with an attorney to receive legal advice.

• If there is a warrant for your arrest.
• If law enforcement believes you have violated the law.
• If law enforcement sees you violate the law.
• If law enforcement sees you attempt to violate the law.

• Search you including your clothing.
• Search anything that belongs to you that you had with you when you were arrested, for example, your car.
• Take your fingerprints.
• Have you stand in a lineup for witness identification.

• Ask you questions.
• Ask you to sign a statement they wrote or write out or record your own statement.
• Ask you to provide a handwriting sample.
• Ask you to consent to a breath, blood, semen or hair sample.
• Ask you if it is ok to search your home or other property.

When you do not agree to allow law enforcement to search your home or property they may ask a judge to grant a search warrant. If the judge agrees, a search warrant will be issued allowing law enforcement to search your home and/or property. The judge may also order you to provide a sample of your handwriting, breath, blood, semen or hair.

No. Missouri law allows law enforcement to request you take tests when they stop you in a vehicle. The test results can be used against you in court. If you refuse to take the tests, your refusal will be used against you in court and your driver’s license can be revoked or suspended.

The United States Supreme Court requires law enforcement to advise you of certain rights when you are arrested, before they ask you any questions. This does not include basic information such as your name and address. Law enforcement will read you the Miranda Warning.

The Miranda Warning - "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."

Remaining silent per your Miranda rights includes not making a written statement or signing one.

It means you have decided to voluntarily give up your rights. For example, if you decide to answer questions without an attorney present. You are not required to waive your rights and keeping your rights cannot be used against you in court.

Until the judge sets a bond and you post bail. Law enforcement can hold you for a short time until a bond is set. The judge sets the conditions of the bond, for example, the amount.

A bond is used to guarantee that you will appear in court. If you fail to appear in court, your bond may be forfeited. Friends, family or the bondsman will lose their money or property used to secure the bond. A bondsman is allowed to find you and turn you in to law enforcement in order to get his/her money back from the court.

Family and/or friends can post bond for you. A bondsman can also post bond or bail you out. Bondsmen charge a fee for their services. The fee is not refundable. The jail usually has a list of court approved bail bondsmen.

If you are arrested, you will be told when your initial court date is when you bond out of jail. Your first court appearance is called an arraignment. The judge will advise you of your rights again and tell you what you have been charged with. The judge will ask if you have an attorney. If you do not, the judge will give you an opportunity to hire one or will appoint one to you if you cannot afford your own attorney.

If you are not arrested, you will receive a criminal summons telling you when to appear in court. If you receive a citation (ticket), the court date will be on the ticket.

There are several court appearances before a criminal case is resolved. Your attorney can explain what each court appearance is for.

You should be honest with your attorney and tell him/her everything that you know about the case. This way the prosecutor cannot surprise your attorney.

What you tell your attorney is confidential; your attorney is required to keep the information you give private. Your attorney cannot share what you have told him/her with law enforcement or the prosecutor.

The prosecutor and law enforcement are required to share reports about the incident and possible witnesses with your attorney. You may also provide your lawyer with possible witnesses.

The judge will ask you for your plea (guilty or not guilty). Your attorney will give you advice on how to plea and what the possible results of each plea are. The decision is up to you. You are presumed innocent until proven guilty.

A not guilty plea will require a trial date.

A guilty plea will result in a decision by the judge. The judge will decide your punishment according to the crime and your history. Different crimes have different possible punishments. Your attorney can explain what the maximum and minimum punishments are for the crime you are charged with.

If you are eligible, the judge may put you on probation instead of putting you in jail or prison.

You may want to plead guilty if your attorney works out a plea agreement with the prosecutor. A plea agreement is a deal between you and the prosecutor. You agree to plea guilty and the prosecutor usually offers to charge you with a less serious offense and to recommend a certain punishment to the judge. The judge does not have to accept the prosecutor’s recommendation for punishment. If the judge refuses the prosecutor’s recommendation, then you are allowed to withdraw your guilty plea and plead not guilty.

You will have a trial. If you want a jury trial, you must ask for one. If you do not ask for a jury trial you will have a bench trial. If you have a jury trial, twelve jurors will listen to testimony and evidence and decide if you are guilty or not guilty. If you have a bench trial, the judge will decide.

If you had a jury trial, some juries will recommend your punishment based on the crime. The judge has final say, but cannot impose a greater punishment than the jury recommended.

If you had a bench trial or the jury does not make punishment recommendations, then the judge will decide what your punishment is based on the crime.

Most crimes have a minimum and maximum punishment allowed by law for that crime.

Use the MOSAC Recommended Sentencing System to calculate your possible sentence.

The judge may put you on probation. Your probation will have conditions. If you violate the conditions of your probation, the judge may revoke your probation and impose a punishment based on the crime and your history.