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How Criminal Sentencing Works in St. Louis Courts

March 21, 2024 Uncategorized

How Criminal Sentencing Works in St. Louis Courts

The criminal justice system in St. Louis can be pretty confusing for folks who don’t have a law degree. This article aims to break it down in simple terms so regular people can understand how suspects become defendants, and defendants become convicts (or not!). We’ll walk through the basic steps like arraignments, pleas, trials, and sentencing and explain what happens at each point along the way.

Getting Charged with a Crime

The first step is getting charged with a crime. This can happen one of two ways in Missouri – either by complaint or indictment. A complaint is when the police or a prosecutor files paperwork saying they have probable cause to arrest someone for a crime. An indictment is when a grand jury (a group of citizens) hears evidence and decides there’s probable cause.

If a complaint gets filed, a judge reviews it and can approve an arrest warrant if it seems legit. Then the cops arrest the suspect and bring them to court for an initial appearance.

An indictment skips that first step since the grand jury already said there’s probable cause. The suspect gets arrested and brought straight to their initial court appearance.

Initial Court Appearance

This is called an arraignment, and it’s when the suspect first sees a judge after getting arrested. A few key things happen here:

  • The judge tells them what felony crime they’re charged with.
  • They learn about their right to have a lawyer – either hired or court-appointed if they can’t afford one.
  • They’re told about their right to remain silent and not incriminate themselves.

This is a pretty quick hearing just to inform the defendant of their rights and the charges. More detailed court proceedings come later.

Preliminary Hearing

If the charges started with a complaint instead of an indictment, there will be a preliminary hearing next. This is where the prosecution has to show they have enough evidence to move forward with the case – kind of like a mini-trial.

They’ll bring witnesses and evidence to convince the judge it’s legit. The defense can cross-examine them and try to poke holes in their case. If the judge decides there’s probable cause, the case continues to the next steps. If not, the charges get dropped.

Guilty Pleas

Lots of defendants decide to plead guilty instead of going to trial. But judges take guilty pleas very seriously – they want to make sure the defendant fully understands what they’re doing. Under Rule 24.02, the judge has to question them thoroughly to confirm:

  • They understand the charges and the range of punishment
  • They’re not being coerced or pressured to plead guilty
  • They understand all the rights they’re giving up by not having a trial

The judge won’t accept the guilty plea unless they’re convinced the defendant is pleading guilty knowingly and voluntarily. But if they do accept it, there’s no trial – things move right to sentencing.

The Trial

If the defendant pleads not guilty, the case will go to trial. This is when both sides present evidence and witnesses to either prove guilt or raise reasonable doubt. Missouri trials have some unique rules like letting the defense force prosecution witnesses to be deposed before testifying.

At the end, the jury (or judge if the defendant waives a jury) decides if the charges were proven beyond a reasonable doubt. If guilty, things move to sentencing. If not guilty, the defendant walks free.

Sentencing

Sentencing in Missouri is pretty formulaic – statutes define the allowed punishment range for each crime. The judge can’t go above or below that range unless certain sentence enhancements apply.

If convicted by a jury, the defendant can choose jury sentencing. That means the jury hears more evidence about things like prior convictions and then recommends a sentence. The judge still does the final sentencing though.

At sentencing, the judge hears arguments from both sides about what punishment fits the crime. In the end, the judge picks a sentence within the statutory range. It can be probation, jail time, prison, fines, etc. or a combination.

Suspended Imposition of Sentence

Sometimes the prosecution and defense reach a deal for a “suspended imposition of sentence” or SIS. Here’s how it works:

  • The defendant pleads guilty
  • The judge accepts the plea but delays actual sentencing
  • If the defendant completes probation etc., the case closes with no conviction
  • If they violate probation, the judge imposes a sentence and they get convicted

It’s like the court gives them a second chance to avoid a conviction. But they have to hold up their end of the bargain. Make sure to consult a lawyer before taking an SIS deal.

Appealing a Conviction

If a defendant gets convicted at trial or pleads guilty, they can file an appeal within 10 days of the final judgment. The notice of appeal and other paperwork has to meet strict requirements under Rule 30.

The appeals court will look for legal errors or issues like insufficient evidence. But appeals are complicated, so don’t count on getting a conviction overturned.

Takeaways

That covers the basic flow of criminal cases in St. Louis from charges to sentencing. The key steps are:

  • Getting charged by complaint or indictment
  • Arraignment and pleading not guilty
  • Preliminary hearing if charged by complaint
  • Possibly pleading guilty
  • Trial if pleading not guilty
  • Sentencing if found or pleading guilty
  • Potential appeal

It’s a complex process, so anyone charged with a crime should definitely speak to a criminal defense lawyer. An experienced attorney can help navigate each stage and fight for the best possible outcome.

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Todd Spodek

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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