Frequently Asked Questions About Court

Bettie Knoll, Founder of Victim Advocate Program

Many people encountering the criminal justice system for the first time often ask us similar questions.  Please read through these question and answers to learn more about what happens in our court system.

Q: What is an arrest warrant?

An arrest warrant is an order signed by a judge, authorizing the police to arrest a person believed to have committed a crime.

Q: What happens to the person accused of a crime?

After arrest, the defendant (accused) is arraigned in the associate circuit court. At the arraignment the judge will review the amount of the bond; notify the defendant of his charges; make sure legal counsel is provided or waived; and set a date for the preliminary hearing in a felony case or the trial in a misdemeanor case. Either the defendant or the prosecutor may at times seek a continuance (a postponement) of the hearing. The Prosecuting Attorney’s Office tries to prevent continuances to the extent possible.

Q: Can the defendant get out of jail while awaiting trial?

Many suspects get out of jail while awaiting trial because they are able to post bail bond. Bail is cash or a security bond provided to the court to assure the defendant shows up at the next scheduled hearing. If he doesn’t show up, whoever posted the money loses it. The amount of the bond is set by the court and may vary depending upon many factors, including the seriousness of the crime, the likelihood that the defendant will try to flee, or the risk of harm the defendant presents to the victim or the community. All defendants are entitled to have a bond set unless the prosecutor can show the court that the defendant poses a danger to a crime victim, the community, or any other person. Please be sure our office is aware of any danger the defendant poses to you or to anyone else. We will do the best we can to keep that person in custody.

Q: How are witnesses called?

Shortly after the case is set for trial, each witness will be served with a subpoena by a deputy from the Sheriff’s Department. The subpoena will specify the time and place for you to appear, and will tell you what, if anything, to bring. If the case is continued (postponed) you will be notified.

Q: What is a subpoena?

A subpoena is an official court order requiring you to appear at the time and place it specifies – usually to provide testimony. You should bring your subpoena with you when you come to court. Failure to appear after being subpoenaed constitutes contempt of court and could result in fines or incarceration. If you should move or change your address or telephone number, please contact the Prosecuting Attorney’s Office and let us know.

 Q: What is a preliminary hearing?

A preliminary hearing only takes place in a felony case. Misdemeanor cases, on the other hand, are immediately set for trial without the first step of a preliminary hearing.

A preliminary hearing is a "mini-trial" at which testimony is given under oath. The judge, defendant, defense lawyer, prosecutor and any subpoenaed victims or witnesses are present.

At the preliminary hearing, the prosecutor must produce sufficient evidence to convince the judge that: (1) a felony has been committed; and (2) probable cause exists to believe the defendant did it.

During the preliminary hearing, the prosecutor will present the testimony of each witness by asking questions. The defense lawyer will then be given the opportunity to "cross-examine" the witness by asking additional questions. The defense lawyer may also call his own witnesses, if he chooses.

If the judge finds that the prosecution has shown by probable cause that a felony was committed and this defendant did it, the defendant will be "bound over" to appear in front of a Circuit Judge for trial.

Sometimes a defendant will waive (not demand) the preliminary hearing. When this happens, the defendant will be "bound over" to the Circuit Court without a preliminary hearing.

Q: What does a victim or witness do at a preliminary hearing?

If you are called or subpoenaed to testify at a preliminary hearing, the prosecutor will ask that you take the witness chair and, under oath, answer questions about who you are and what you know about the case. This is called "direct examination." The defense attorney will then have the opportunity to ask you questions. This is called "cross-examination."

Q: Are witnesses permitted to be in the courtroom before and after testifying?

As a witness, you may watch the proceedings unless you are excluded from the courtroom by the judge. Sometimes one side or the other will invoke the "Rule on Witnesses," meaning that each witness must wait in the hallway and not hear anyone else’s testimony before testifying himself. In any event, witnesses should NOT discuss their testimony with each other.

Q: What happens in a trial?

In a trial, the prosecutor presents the case for the state and has the burden of proving beyond a reasonable doubt that the defendant committed the crime. The defendant may present evidence, but is not required to do so. Nor may anyone force the defendant to testify. The trial can be held in front of a jury or a judge. (A trial in front of a judge without a jury is called a "bench" trial.) Whether it is a jury trial or a bench trial is up to the defense.

Q: How and when is sentencing determined?

A defendant who has been found guilty or who has pled guilty will be sentenced by the same judge who took his plea or presided over his trial. Using state statutes as guidelines, the judge will sentence the defendant to whatever punishment the court feels is appropriate. The judge takes into account the seriousness of the offense, any prior record of the defendant, plus the defendant’s educational and employment background. The judge tries to make the punishment fit both the crime and the defendant. If the judge places the defendant on probation, restitution to the victim can be ordered as a condition of that probation.

Prior to the judge actually deciding the sentence, a victim has a right to inform the judge about the impact the crime has had upon the victim, both emotionally and financially. This information can be presented to the judge in writing in a Victim Impact Statement. A victim may also address the judge in open court during the sentencing.

If a victim wants to address the judge in open court, please let the prosecutor handling the case know in advance so the prosecutor can make sure the judge knows the victim wants to say something.

Q: What if someone threatens me to get me to drop the charges?

Witnesses are very rarely threatened. However, it happens on occasion. If anyone has threatened you or attempted to bribe you in regard to your testimony, that person has probably committed the crime of tampering with a witness. Immediately contact your local police department and also tell the prosecutor handling your case or your Victim Advocate. If necessary, the prosecutor’s office can also take additional steps to protect you such as increasing the defendant’s bond or helping you relocate temporarily.

Q: What if the defense attorney contacts me about the case?

It would be improper for the prosecutor to tell you not to discuss the case with the defense lawyer, just as it would be improper for the defense lawyer to tell his witnesses not to discuss the case with the prosecutor. You may discuss the case with anyone you wish, but you have no legal obligation to talk to the defense lawyer prior to the hearing or trial. It is your choice and yours alone. If you do decide to talk with the defense lawyer and would like for someone from our office to be present during the conversation, please contact our Victim Advocate or the prosecutor handling your case. If you choose to tell the defense lawyer to talk with our office about setting up a meeting at which the prosecutor can be present while the defense lawyer talks with you, feel free to do so.

Q: Can I be compensated for losses I have suffered as a victim?

Your insurance may provide coverage for personal injury or property loss due to a crime. If so, you will need to reimburse your insurance company if you eventually receive restitution through the criminal case.

If the judge places a defendant on probation, the court can order him to pay restitution to the victim as a condition of probation. The court does not always order restitution and sometimes it cannot be collected.

The Prosecuting Attorney’s Office will make every effort to see that restitution is ordered if a defendant is placed on probation.

Unfortunately, if a defendant is sentenced to prison or jail and is not placed on probation, the judge in the criminal case cannot order restitution as a part of the criminal prosecution.

The Crime Victim Compensation Unit of the Missouri Division of Workers’ Compensation can provide monetary compensation to victims of violent crime. Our office will help you fill out the appropriate forms.

Also, the Department of Social Services often provides compensation to rape victims for uninsured costs of hospital rape examinations.

Finally, you may want to talk with a private attorney about the possibility of representing you in a civil suit against the defendant. As the O. J. Simpson case demonstrated, a civil suit can sometimes be even more successful than a criminal prosecution.

Q: What’s in it for me?

First of all, by serving as a witness in a criminal case you will know that you have done your best to make your community a safe one in which to live and work. You may feel frustrated and discouraged as the case winds its way through the system. The process usually takes some time. Try to remember that some of the delays are due to a system designed to protect the rights of someone accused of a crime – the same rights you would want in place if someone accused you of a crime. In our country, every person is presumed innocent until proven guilty beyond a reasonable doubt. To protect this right, our system of criminal justice involves many steps.

Q: Does the prosecuting attorney’s office really care about me?

Concern about the rights of victims and witnesses is what motivated the creation of our Victim & Witness Services program. The people who work at our office are here because they want to help people. Yes, we care about you.

Q: What if I change my mind about prosecuting or testifying?

A crime committed against any person is also a crime committed against the state. Thus, the decision whether to proceed with the prosecution of a particular case is a decision to be made by the prosecutor, not the victim. The prosecutor must consider the importance of the case to the whole community, not just to a particular person.

If you have become reluctant to testify in a criminal case, please discuss our concerns with the Victim Advocate, the Investigator or the prosecutor handling the case. They will try to answer your questions and help with any problems that might be causing your reluctance.

Ultimately, with certain exceptions, the court can compel testimony from a victim or witness, thereby forcing the witness to testify in spite of reluctance.