A charge is a formal accusation filed by a prosecutor claiming that a person has committed a criminal offense. The prosecutor must file a document in court – a Complaint, Information, or Indictment – and there will be a court file, with a case number. Unless sealed, it will appear on CaseNet.
At Rose Legal Services, we’ve helped thousands of people who have been charged, arrested, or investigated for crimes in Missouri.
The Difference Between Arrest and Charges
Being arrested and being charged are two different things. An arrest occurs when law enforcement takes you into custody because they believe you’ve committed a crime. However, charges can only come from the prosecutor’s office after reviewing the evidence. It’s possible to be arrested but never charged, or to be charged without being arrested first.
The Role of the Prosecutor
The prosecutor plays a vital role in criminal charges. In Missouri, the official is called the Prosecuting Attorney of the county in which he or she serves, except in the City of St. Louis, where this official is called the Circuit Attorney. Most counties will also have assistant prosecuting attorneys, and in larger counties and the City of St. Louis, there will be many assistant prosecuting attorneys (or assistant circuit attorneys, in the City of St. Louis).
The prosecutor’s responsibilities include:
- Providing a connection between law enforcement and the courts
- Evaluating evidence to determine if charges should be filed
- Deciding which specific charges to file with the court
- Drafting and filing the charging documents
- Filing charges that may differ from law enforcement’s initial recommendations
- Making decisions about dismissing charges
- Submitting required case information to the court
- Making plea offers and engaging in plea negotiations
- Conducting evidentiary hearings or a trial, if necessary
Classifications of Criminal Charges in Missouri
Felony Classifications
Felonies are serious offenses punishable by state prison terms of one year or longer. Missouri recognizes these felony classes:
- Class A Felonies: Punishable by 10 to 30 years or life imprisonment
- Class B Felonies: Prison terms from 5 to 15 years
- Class C Felonies: Prison terms from 3 to 10 years
- Class D Felonies: Prison terms up to 7 years
- Class E Felonies: Prison terms up to 4 years
Misdemeanor Classifications
Misdemeanors carry potential jail time and fines:
- Class A Misdemeanors: Up to one year in jail and fines up to $2,000
- Class B Misdemeanors: Up to six months in jail and fines up to $1,000
- Class C Misdemeanors: Up to fifteen days in jail and fines up to $700
- Class D Misdemeanors: Fines up to $500
- Unclassified Misdemeanors: Penalties specified in Missouri statutes
What Happens After Criminal Charges Are Filed?
After charges are filed, several important events occur in the criminal justice process:
- Initial Appearance: You’ll be formally notified of the charges and enter a plea. The court will address bond conditions and public defender eligibility if applicable.
- Preliminary Proceedings: In felony cases, you may have a preliminary hearing or a Grand Jury review for probable cause.
- Pre-trial Proceedings: Your attorney can request or adjust bond, challenge evidence, file motions, and negotiate with prosecutors.
Constitutional Rights in Criminal Cases
Every person in the United States has fundamental constitutional rights in criminal matters, including:
- The right to remain silent
- The right to an attorney
- The right to a fair and speedy trial
- The right to confront witnesses against you
- The right to present evidence in your defense
- The right to call witnesses, including using the court’s subpoena power
- The right to testify or not to testify
- The right to be presumed innocent until proven guilty
- The right to appeal
Why You Need an Attorney
At Rose Legal Services, we dedicate our practice exclusively to criminal defense. This focus allows us to maintain a deep understanding of Missouri criminal law and procedure while building strong professional relationships with local prosecutors and judges.
If you’ve been charged with a crime in Missouri, don’t wait to seek legal help. Contact Rose Legal Services today to schedule a confidential consultation. Let us put our experience and dedication to work for you.
