21.05  MISDEMEANOR – SUMMONS – CONTENTS

The summons shall:

(a) Be in writing and in the name of the State of Missouri;

(b) State the name of the defendant summoned;

(c) Describe the misdemeanor charged;

(d) Be signed by the court or clerk at the court's direction for a specific summons; 

(e) Command the defendant to appear before the court at a stated time and place in response thereto; and

(f) State whether the defendant may appear remotely by interactive video technology and provide video access information to the defendant.

22.04  FELONIES – SUMMONS OR WARRANT OF ARREST – WHEN ISSUED

(a) When a complaint is filed pursuant to Rule 22.02 and sufficient facts have been stated to show probable cause that a felony has been committed, a summons shall be issued unless the court finds there are reasonable grounds to believe:

(1) The defendant will not appear upon the summons; or 

(2) The defendant poses a danger to a crime victim, the community, or any other person.

If the court so finds, a warrant of arrest for the defendant may be issued.

(b) When an indictment charging the commission of a felony is returned, either a summons or warrant of arrest may be issued.

(c) When a complaint or an indictment charges a corporation with the commission of a felony, a summons shall be issued.

(d) If a warrant is issued under this Rule, the court shall take into account, on the basis of available information, which may include a written recommendation from the state, the factors set forth in Rule 33.01(e) when setting the condition or combination of conditions of release, if any, required by Rule 33.01(b) and allowed by Rule 33.01(c).

(e) If a summons is issued the summons shall:

(1) Be in writing and in the name of the State of Missouri;

(2) State the name of the defendant summoned;

(3) Describe the felony charged;

(4) Be signed by the court or clerk at the court's direction for a specific summons;

(5) Command the defendant to appear before the court at a stated time and place in response thereto; and

(6) State whether the defendant may appear remotely by interactive video technology and provide video access information to the defendant.

22.09  FELONIES – PRELIMINARY HEARING

(a) Preliminary Hearing. After the filing of a felony complaint, a preliminary hearing shall be held within a reasonable time, but no later than 30 days following the defendantꞌs initial appearance if the defendant is in custody and no later than 60 days if the defendant is not in custody.

For good cause, the court may extend the time limits one or more times. Upon each showing of good cause, the court may extend the time for holding a preliminary examination for up to 30 days each time if the defendant is in custody, and up to 60 days each time if the defendant is not in custody. When the court considers whether to extend the time for holding a preliminary hearing under this Rule, the defendant may request and the court may review the defendantꞌs detention or conditions of release pursuant to Rule 33.05.

At the preliminary hearing the defendant shall not be called upon to plead. If the defendant waives preliminary hearing, the court shall order the defendant to appear to answer to the charge.

(b) Conduct of Hearing and Finding by the Court. If the defendant does not waive preliminary hearing, the hearing shall be held. The defendant must appear in person unless the defendant waives his or her right to be physically present and the court agrees to conduct the hearing by interactive video technology. The defendant may cross-examine witnesses and may introduce evidence.

If the court finds probable cause to believe a felony has been committed and the defendant has committed it, the court shall order the defendant to appear and answer to the charge; otherwise, the court shall discharge the defendant.

(c) Defendant to Appear in Court to Answer the Charge. If the defendant is held to answer to the charge, the court shall order the defendant to appear in the appropriate division on a day certain as soon as practicable, but not more than 40 days after completion of the preliminary hearing.

Within five days after concluding the proceedings, the court shall cause all papers in the proceeding and any bail posted by the defendant to be transmitted to that division.

24.01  MISDEMEANORS OR FELONIES – ARRAIGNMENT

Arraignment shall be conducted in open court. The judge may conduct the arraignment with the defendant appearing by interactive video technology if the defendant is entering a plea of not guilty. The arraignment shall consist of reading the indictment or information to the defendant or stating to him or her the substance of the charge and calling on the defendant to plead thereto. The defendant shall be given a copy of the indictment or information before being called upon to plead.

24.02 MISDEMEANORS OR FELONIES – PLEAS

(a) Alternatives. A defendant may plead not guilty, guilty, or not guilty by reason of mental disease or defect excluding responsibility, or both not guilty and not guilty by reason of mental disease or defect excluding responsibility. If a defendant refuses to plead or if a corporation fails to appear, the court shall enter a plea of not guilty.

(b) Advice to Defendant. Except as provided by Rule 31.03, before accepting a plea of guilty, the court must address the defendant personally in open court, and inform defendant of, and determine that defendant understands, the following:

(1) The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law; and

(2) If the defendant is not represented by an attorney, that defendant has the right to be represented by an attorney at every stage of the proceedings against defendant and, if necessary, one will be appointed to represent defendant; and

(3) That defendant has the right to plead not guilty or to persist in that plea if it has already been made, and that defendant has the right to be tried by a jury and at that trial has the right to the assistance of counsel, the right to confront and cross-examine witnesses against defendant, and the right not to be compelled to incriminate himself or herself; and

(4) That if defendant pleads guilty there will not be a further trial of any kind, so that by pleading guilty defendant waives the right to a trial.

(c) Ensuring That the Plea Is Voluntary. Except as provided by Rule 31.03, the court shall not accept a plea of guilty without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement. The court shall also inquire as to whether the defendant's willingness to plead guilty results from prior discussions between the prosecuting attorney and the defendant or defendant's attorney.

(d) Plea Agreement Procedure. The court shall not participate in any such discussions, but after a plea agreement has been reached, the court may discuss the agreement with the attorneys including any alternative that would be acceptable.

(1) In General. The prosecuting attorney and the attorney for the defendant or the defendant when acting pro se may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty to a charged offense or to a lesser or related offense, the prosecuting attorney will do any of the following:

(A) Dismiss other charges; or

(B) Make a recommendation, or agree not to oppose the defendant's request, for a particular disposition, with the understanding that such recommendation or request shall not be binding on the court; or

(C) Agree that a specific sentence is the appropriate disposition of the case; or

(D) Make a recommendation for, or agree on, another appropriate disposition of the case.

(2) Disclosure of Plea Agreement – Court's Action Thereon. If a plea agreement has been reached by the parties, the court shall require the disclosure of the agreement on the record in open court or, on a showing of good cause, in camera, at the time the plea is offered. If the agreement is pursuant to Rule 24.02(d)(1)(B), the court shall advise the defendant that the plea cannot be withdrawn if the court does not adopt the recommendation or request. Thereupon the court may accept or reject the agreement or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the presentence report.

(3) Acceptance of a Plea Agreement. If the court accepts the plea agreement, the court shall inform the defendant that it will embody the disposition provided for in the plea agreement in the judgment and sentence.

(4) Rejection of a Plea Agreement. If the court rejects the plea agreement, the court shall, on the record, inform the parties of this fact, advise the defendant personally in open court or, on a showing of good cause, in camera, that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw defendant's plea if it is based on an agreement pursuant to Rule 24.02(d)(1)(A), (C), or (D), and advise the defendant that if defendant persists in the guilty plea, the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement.

(5) Inadmissibility of Pleas, Offers of Pleas, and Related Statements. Except as otherwise provided in this Rule 24.02(d)(5), evidence of a plea of guilty, later withdrawn, or of an offer to plead guilty to the crime charged or of any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers is not admissible in any civil or criminal proceeding against the person who made the plea or offer. However, evidence of a statement made in connection with, and relevant to, a plea of guilty, later withdrawn, or an offer to plead guilty to the crime charged or any other crime is admissible in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record, and in the presence of counsel.

(e) Determining Accuracy of Plea. The court shall not enter a judgment upon a plea of guilty unless it determines that there is a factual basis for the plea.

(f) As used in this Rule, addressing or advising the defendant personally in open court includes proceedings conducted by interactive video technology upon the defendant's waiver of his or her right to be physically present and with the court's approval.

(b) Disclosure after indictment or filing of information. Except as otherwise provided in these Rules, the state shall, upon written request of defendant's counsel, disclose to defendant's counsel the following material and information within its possession or control designated in the request:

(1) Any arrest reports, incident reports, investigative reports, written or recorded statements, documents, photographs, video, electronic communications and electronic data that relate to the offense for which defendant is charged; 

(2) The names and last known addresses of persons whom the state intends to call as witnesses at any hearing or at the trial, together with their written or recorded statements, and existing memoranda, reporting or summarizing part or all of their oral statements;

(3) Any written or recorded statements and the substance of any oral statements made by defendant, a co-defendant or a co-actor, a list of all witnesses to the making of the statements and a list of all witnesses to the acknowledgment of the statements including the last known addresses of the witnesses;

(4) Those portions of any existing transcript of grand jury proceedings that relate to the offense with which defendant is charged, containing testimony of defendant and testimony of persons whom the state intends to call as witnesses at a hearing or trial;

(5) Any existing transcript of the preliminary hearing and of any prior trial held in defendant's case if the state has the transcript in its possession;

(6) Any reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons;

(7) Any books, papers, documents, photographs, video, electronic communications, electronic data, or objects that the state intends to introduce into evidence at the hearing or trial or that were obtained from or belong to defendant; 

(8) Any record of prior criminal convictions, pleas of guilty, findings of guilt, and pleas of nolo contendere of persons the state intends to call as witnesses at a hearing or the trial; and

(9) Any photographic or electronic surveillance (including wiretapping) of defendant or of conversations to which defendant was a party or of defendant's premises, relating to the offense charged. This disclosure shall be in the form of a written statement by counsel for the state briefly setting out the facts pertaining to the time, place, and persons making the photographic or electronic surveillance.

27.01  MISDEMEANORS OR FELONIES – TRIAL BY JURY – WAIVER

(a) All issues of fact in any criminal case shall be tried by a jury to 

be selected, summoned and returned in the manner prescribed by law, unless trial by jury be waived as provided in this Rule.

(b) The defendant may, with the assent of the court, waive a trial by jury and submit the trial of any criminal case to the court, whose findings shall have the force and effect of the verdict of a jury. In felony cases, such waiver by the defendant shall be entered on the record and made in open court in person or by interactive video technology upon the defendant's waiver of his or her right to be physically present and with the court's approval.

29.07  MISDEMEANORS OR FELONIES – SENTENCE AND JUDGMENT

(a) Pre-sentence Investigation.

(1) When Made. When a probation officer is available to the court, such probation officer shall, unless otherwise directed by the court, make a pre-sentence investigation and report to the court before the imposition of sentence or the granting of probation. The report shall not be submitted to the court or its contents disclosed to anyone unless the defendant has pleaded guilty or has been found guilty.

(2) Report. The report of the pre-sentence investigation shall contain any prior criminal record of the defendant and such information about his or her characteristics, his or her financial condition, his or her social history, and the circumstances affecting his or her behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant. The probation officer shall secure such other information as may be required by the court and, if directed by the court, such investigation shall include a physical and mental examination of the defendant. Before making any authorized disposition the court shall, upon request of defendant or the attorney for the defendant, allow the defendant and the attorney for the defendant access to the complete pre-sentence investigation report and recommendations.

(b) Sentence.

(1) Allocution and Imposition of Sentence. Sentence shall be imposed without unreasonable delay. When the defendant appears for judgment and sentence, he or she must be informed by the court of the verdict or finding and asked whether he or she has any legal cause to show why judgment and sentence should not be pronounced against the defendant; and if no sufficient cause be shown, the court shall render the proper judgment and pronounce sentence thereon. If the defendant has been heard on a motion for new trial, and in all cases of misdemeanor, the requirements of this subparagraph are directory and the omission to comply with them shall not invalidate the judgment or sentence.

(2) Presence of Defendant. When sentence and judgment are imposed, the defendant must be present, either in person or by interactive video technology upon the defendant's waiver of his or her right to be physically present and with the court's approval. However, if the defendant has been found guilty of a misdemeanor, the court, the prosecuting attorney, and the defendant may consent to the absence of the defendant.

(3) Notification of Right to Appeal. After imposing sentence in a case that has gone to trial on a plea of not guilty, the court shall advise the defendant of his or her right to appeal and the right of a defendant who is unable to pay the cost of the appeal to apply for leave to appeal in forma pauperis.

(4) Examination of Defendant. If a defendant has a right to proceed under Rule 24.035 or Rule 29.15, the court at the conclusion of final sentencing shall advise the defendant of such right and shall examine the defendant as to the assistance of counsel received by the defendant. The examination shall be on the record and may be conducted outside the presence of the defendant's counsel. At the conclusion of the examination the court shall determine whether probable cause exists to believe the defendant has received ineffective assistance of counsel.

If the court finds that no probable cause of ineffective assistance of counsel exists, trial counsel may continue to represent the defendant. If the court finds that probable cause of ineffective assistance of counsel exists and the defendant is entitled to an appeal and desires an appeal, the court shall order trial counsel to file a timely notice of appeal. If the court finds that probable cause of ineffective assistance of counsel exists, within ten days of the judgment of conviction becoming final trial counsel shall withdraw and the court shall cause new counsel to be appointed if the defendant is indigent. If an appeal is filed, new counsel shall perfect the appeal. Whether or not an appeal is filed, new counsel shall be directed to ascertain whether facts and grounds exist for the filing of a motion pursuant to Rule 24.035 or Rule 29.15. If such facts and grounds exist, new counsel shall timely file the appropriate motion.

(c) Judgment. A judgment of conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly.

(d) Withdrawal of Plea of Guilty. A motion to withdraw a plea of guilty may be made only before sentence is imposed or when imposition of sentence is suspended; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his or her plea.

(e) Probation and Parole. Any court may place on probation and parole any defendant eligible for judicial parole under the laws of this state and, to this end, may suspend the imposition or execution of sentence of any person.

31.03  MISDEMEANORS OR FELONIES – PRESENCE OF DEFENDANT – WHEN REQUIRED

(a) No trial shall be conducted unless the defendant is present, except, in a misdemeanor case, the court, the prosecuting attorney, and the defendant may agree that the defendant need not be present.

(b) A verdict may be received by the court in the absence of the defendant when such absence is voluntary.

(c) If there is a record entry showing that the defendant was present at the commencement or at any stage of the trial, it shall be presumed, in the absence of any record entry to the contrary, that he was present during the entire trial.

(d) No plea of guilty shall be entered unless the defendant is present, either in person or by interactive video technology upon the defendantꞌs waiver of his or her right to be physically present and with the courtꞌs approval; however, in a misdemeanor case, the court, the prosecuting attorney, and the defendant may agree that the defendant need not be present.

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.

33.08  MISDEMEANORS OR FELONIES – REARREST OF DEFENDANT

The court may order a warrant for the arrest of a defendant who has been released pursuant to Rule 33.01 if it shall appear to the court that:

(a) There has been a breach of any condition of release, including but not limited to failure to appear for a court ordered court appearance; or

(b) The conditions of release should be modified or new or additional conditions imposed.

A defendant arrested and confined on a warrant under this Rule shall be entitled to a hearing forthwith, as set forth below, concerning the reasons for the issuance of the warrant.

A defendant who has not previously had an initial appearance under Rule 21.10 or Rule 22.08 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued, as provided by Rule 21.09 or Rule 22.07. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.

A defendant who has previously had an initial appearance under Rule 21.10 or Rule 22.08 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued. 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. This appearance shall be held no later than seven days, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.

Day – to – Day

___________________________

PAUL C. WILSON

Chief Justice