Maybe you got pulled over, were involved in an altercation, or had one too many to drink. Whatever the case, you had contact with law enforcement, and now you find yourself waiting for the other shoe to drop: the filing of criminal charges in Missouri.
Depending on the type of charge, it can take days or even months for charges to be filed.
How Law Enforcement Files Criminal Charges in Missouri
If you’re looking at a small infraction, such as a traffic ticket, your contact with law enforcement will probably include a few details about the incident on your ticket, along with a court date.
If the case gets bigger, the officer will put his narrative account of events into a probable cause statement. That statement is then provided to the prosecuting attorney.
The prosecutor will look for jurisdiction. Did this happen in my district? They’ll check the statute of limitations. When did it happen? Then, they will examine the case against you. How is this person associated with this crime? Can I prove it is the person associated with the crime? What charges does the evidence support?
The prosecutor picks out the charges that best conform to the evidence they have access to. They prepare a felony complaint or a misdemeanor based on that information.
At this point, law enforcement, including the prosecuting attorney, isn’t necessarily looking at whether or not they can prove the incident happened, but whether or not they have probable cause to bring charges.
When determining the timeline for charges, the less complicated the case, the faster the turnaround time is. Speeding, and failure to provide proof of insurance are fairly quick. Some cases, such as drug cases, require evidence to be reviewed by Missouri State Highway Patrol, delaying the filing of criminal charges in Missouri for months.
There are complicated cases that get filed early, such as when someone is a danger to the community. So that initial contact with law enforcement turns into them taking you into custody and holding you because you are a serious danger.
When Should You Call an Attorney About Criminal Charges in Missouri?
At MRD Lawyers, we think the earlier you get your attorney involved, the better. There are different ways a right to counsel is triggered. If charges haven’t been filed, but law enforcement wants to talk to you, then you would be exercising your Fourth Amendment rights.
Law enforcement either needs to give you an opportunity to contact your attorney, or they need to stop questioning you. Once you say you want an attorney, the process stops.
You need to be prepared for the eventuality of court early in the process. Having a lawyer in place will help you get ahead of the process. They can look at the case and prepare in advance. If you need an attorney, you can schedule your consultation with one of MRD Lawyers’ experienced attorneys online.
