Crime Victims Rights

understanding the criminal justice system

Missouri Attorney General

JOSH HAWLEY 1
Introduction

V ictims of crime are guaranteed certain notification rights and participation

in the criminal justice system under an amendment to the Missouri
Constitution and laws that took effect in 1993.

The rights discussed in this publication automatically apply to victims of

dangerous felony crimes (which may include arson, assault, kidnapping,
manslaughter, murder, rape, robbery, sodomy or an attempt to commit one of
these crimes).

I hope this booklet helps you to better understand the court process during
these difficult times for crime victims and families of deceased victims.

Sincerely,

Joshua D. Hawley
Attorney General

Crime Victims Rights 1

 Table of Contents
Your Rights
Victims notification rights.............................................................................................4
Victims general rights.....................................................................................................5

Compensation Fund
Eligibility..............................................................................................................................7
Compensation...................................................................................................................7

Confidential Address.............................................................................................................8

Court Process
Investigation......................................................................................................................9
Complaint and Arrest......................................................................................................9
Preliminary Hearing.........................................................................................................9
Grand Jury........................................................................................................................10
Bail.......................................................................................................................................10
Arraignment....................................................................................................................11
Pretrial matters................................................................................................................11
Trial......................................................................................................................................12
Challenges to a conviction, sentence.....................................................................15
Parole..................................................................................................................................16

Fines............................................................................................................................................18

Prison Terms............................................................................................................................19

Court Terms..............................................................................................................................20

Publications............................................................................................................................27

Appendix A..............................................................................................................................28

2 Crime Victims Rights

Crime Victims Rights 3
 Your Rights
VICTIMS NOTIFICATION RIGHTS
The following agencies and individuals are required automatically to inform
dangerous felony crime victims of certain rights and information. Victims
of other crimes and witnesses to crimes may take advantage of these rights
by written request to the appropriate agency. Here is a list of agencies and
information they can provide:

LAW ENFORCEMENT AGENCIES, JUVENILE AUTHORITIES

Case status, availability of victims compensation services, emergency
crisis intervention services, assistance in obtaining loss documentation,
releases on bond or for any other reason, and any escape (within 24
hours) or recapture.

PROSECUTORS
Case status (including submitted cases before a charging decision has
been made, charged cases, and any final decision not to file charges),
filing of charges, preliminary hearing dates, trial dates, continuances, and
final disposition (within five days).
Bail hearings, guilty pleas, pleas of not guilty by reason of insanity,
hearings, sentencing and probation revocation hearings.
Availability of victim services (including compensation, financial
assistance, and emergency crisis intervention).
Right to restitution and the availability of, and application process for, any
witness fee to which a victim is entitled.

CUSTODIAL AUTHORITIES
Upon written request to the appropriate custodial authority, including
municipal or county detention or jail facilities, juvenile detention facilities,
correctional facilities operated by the Department of Corrections, mental
health facilities, and the Division of Youth Services.
A defendants projected release date and actual release date on bond,
work release, trial release or for any other reason, or escape (within
24 hours).
Parole or release hearings, rescheduling of any hearings (no hearing shall
be conducted without giving the victim a 30-day advance notice), and
decision by a parole board, juvenile releasing authority, or circuit court
presiding over releases for persons found not guilty by reason of insanity.
Decision by the governor to commute a sentence or grant a pardon, or
death of a defendant (must be notified within 30 days).
Upon request, to receive a photograph taken of the defendant prior to
release from incarceration.

4 Crime Victims Rights

BOARD OF PROBATION AND PAROLE
Probation and revocation hearings initiated by the board, and
parole hearings.
Final decisions to release the defendant made by the board.

ATTORNEY GENERAL
Upon a written request, case status information will be provided throughout
the appellate process. A form is included on page 28 (Appendix A) and can be
sent directly or copied. Alternatively, you may visit our forms page to submit
your request online. http://ago.mo.gov/other-resources/forms

VICTIMS GENERAL RIGHTS

Here are crime victims general rights in Missouri:
To be present at all criminal proceedings where the defendant has that
right, even if the victim is called to testify or may be called to testify as a
witness in the case.
To confer with the prosecutor regarding bail hearings, guilty pleas,
pleadings of insanity, hearings, sentencing and probation
revocation hearings.
To be present at any hearing in which the defendant is present before a
probation and parole hearing officer and to full participation in all phases
of parole hearings or probation revocation hearings.
To be heard at juvenile probation revocation hearings, probation
revocation and parole hearings initiated by the board of probation and
parole, and release proceedings for persons found not guilty by reason of
insanity. Victims may offer a written statement, video or audio tape in lieu
of a personal appearance.
To protection from harmful threats from a defendant, or persons acting
on behalf of defendant, for activities arising out of cooperation with law
enforcement officials, and the right to a secure waiting area during a
court proceeding.
To speedy disposition of cases and speedy appellate review, allowing for
the defendant to prepare a defense.
To fair employment rights (including the right of a victim, witness or
member of a victims family not to be discharged or disciplined by an
employer for honoring a subpoena or for participating in the preparation
of a criminal proceeding).
To regain property from a prosecutor or law enforcement officer once it
is no longer needed for evidence or retention during an appeal (within
five working days upon request) unless it is contraband or subject to
forfeiture proceedings.
To creditor intercession services by the prosecuting attorney if the
victim is unable, as a result of the crime, to temporarily meet
financial obligations.

Crime Victims Rights 5

 To limited compensation for out-of-pocket loss and for qualified medical
care necessary as a result of the crime.

SEEKING INFORMATION
The laws granting rights to crime victims are in the Missouri Constitution,
Article 1, Section 32, and in the Missouri Revised Statutes, Chapter 595. A copy
of these laws should be available at your local library.

Article 1, Section 32 of the Constitution can be found at

www.moga.mo.gov/MoStatutes/ConstHTML/A010321.html

Section 595.209, RSMo, can be found at:

www.moga.mo.gov/mostatutes/stathtml/59500002091.html

Crime victims who want more information regarding their rights may contact
their local prosecutors or write to:
Missouri Attorney Generals Office
Victims Rights, Public Safety Section
P.O. Box 899
Jefferson City, MO 65102

MISSOURI VICTIM ASSISTANCE NETWORK

Crime victims can obtain other information from the Missouri Victim
Assistance Network (MoVA), a nonprofit organization:
Phone: 800-698-9199
Web: http://movanet.org

MISSOURI DEPARTMENT OF PUBLIC SAFETY - CRIME VICTIM

SERVICES UNIT
The Crime Victim Services Unit assists crime victims in the event of possible
victims rights violations:
Toll-free phone: 866-334-6682
Web: http://dps.mo.gov/dir/programs/cvsu/

6 Crime Victims Rights

Compensation Fund
The state of Missouri has a fund to reimburse some crime victims for certain
financial losses. You may be eligible for benefits if:
You are a victim of violent crime and suffered personal bodily injury;
You are a relative who requires counseling to better assist a sexual assault
victim with recovery;
You are a spouse, child or other dependent of a victim who has died as a
direct result of a crime, or you assumed financial obligations incurred as a
result of the victims death; or
You are a Missouri resident who suffered personal injury in a state that
does not have a crime victims compensation program and the injury
would be covered if the crime had occurred in Missouri.

ELIGIBILITY
To be eligible, you must have:
Reported the incident within 48 hours to the proper law enforcement
agency or had a good reason for delay;
Filed the compensation claim within two years of the crime or discovery
of the crime; and
Incurred medical expenses and lost time from work, or incurred no
medical bills but lost at least two weeks wages. The rate of compensation
is $40 a day or $200 a week.

COMPENSATION
Depending on the case, victims compensation may be available for medical
care, psychiatric treatment or other counseling, funeral expenses and wage
loss reimbursement for the victim. Total recovery may not exceed $25,000.

Crime Victims Rights 7

 Confidential Address
KEEPING NEW ADDRESS CONFIDENTIAL
Victims of domestic violence, rape, sexual assault and stalking who move
can conceal their new address by applying with the Missouri Secretary of
States Safe at Home program. This allows you to establish a post office box
in Jefferson City. The Secretary of State will receive all mail sent to you, then
forward it to your actual address.

Contact the Secretary of State at www.MoSafeAtHome.com or toll-free

866-509-1409.

8 Crime Victims Rights

Court Process
A crime committed against a person violates state law and thus is a crime
against the state. The prosecuting attorney for the county in which the crime
occurred usually handles the case.

In a criminal case, the state has the burden of proving beyond a reasonable
doubt that the defendant committed the alleged crime. Defendants are
presumed innocent and never have the burden of proving their innocence.

INVESTIGATION
Law enforcement personnel investigate reports of criminal activity, gather
evidence, make arrests, and present the evidence to the prosecuting attorney.
Based on the investigation, police or the sheriff may decide that:
No criminal conduct has occurred as defined under Missouri law,
There is insufficient evidence to pursue the complaint, or
One or more persons may be arrested and the matter referred to
the prosecutor.

Any person arrested must be released within 24 hours unless a warrant is

issued for an arrest.

COMPLAINT AND ARREST

If police determine the evidence constitutes an offense and identifies
a suspect, the matter is taken to the prosecuting attorney. As the legal
representative for the state, the prosecuting or circuit attorney must then
determine whether and what formal charges to file. The State is responsible
for bringing criminal charges and not the victim of a crime.

Once a charge has been filed, usually in the form of a complaint, the
prosecutor can go to a judge to obtain an arrest warrant. The court issues
the warrant if there are sufficient facts to show probable cause that a felony
has been committed by the defendant. This warrant will allow local law
enforcement officials to make an arrest.

PRELIMINARY HEARING (Not held for misdemeanor cases)

Felony cases begin with a preliminary hearing a proceeding in which
testimony is taken under oath. The defendant may waive a preliminary
hearing, and the case usually will be sent directly to circuit court for trial.

Crime Victims Rights 9

 If the defendant chooses to proceed with a preliminary hearing, the judge,
defendant, defendants attorney, prosecutor, and any victims or witnesses
subpoenaed will attend.

The prosecutor presents evidence to show the judge that there is probable
cause to believe a crime was committed and that it was committed by
the defendant.

The defense attorney can cross-examine the states witnesses and

produce evidence. The prosecuting attorney may then re-direct, or re-
question the witnesses. If probable cause is established, the judge will order
the defendant to be bound over for trial.

If the judge decides that probable cause has not been established, the court
dismisses the case and the defendant is released. This also may occur if
witnesses fail to appear to testify. In some cases the prosecutor can later file
another complaint against the defendant, based on the same crime.

At any time, the prosecutor may decide to voluntarily dismiss the charges,
called nolle prosequi.

GRAND JURY
A grand jury sometimes replaces the preliminary hearing as a method by
which criminal charges can be filed. A grand jury is composed of a panel
of private citizens, chosen similarly to trial juries, whose job is to look into
allegations of criminal activity. Not every county has a grand jury.

The prosecutor presents evidence to the grand jurors who decide whether
a crime was committed and if the defendant could have committed it.
Proceedings are closed to the public, and the accused does not have the right
to be present unless subpoenaed, and may not present evidence on his own
behalf. The jury has the power to issue subpoenas to compel witnesses to
testify or to produce documents and other evidence. As with a preliminary
hearing, the case is bound over to the circuit court or the defendant is freed.

BAIL
A person charged with a bailable offense may be released pending trial on
personal recognizance if the judge is assured the person will show up
for court.

If a preliminary hearing is held and the defendant is bound over for trial, bail
is discussed at that time. For grand jury indictments, bail is addressed at the
defendants arraignment.

10 Crime Victims Rights

The judge may release the person on bail by imposing any number of
conditions as specified under state law. Release on bail is not available for
capital offenses where the accused is subject to punishment by death.

ARRAIGNMENT
This is the first formal presentation of charges to the defendant, who must
enter a plea. Also, the judge can raise or lower the defendants bond. The
arraignment is open to the public.

After arraignment, an assistant prosecuting or circuit attorney is assigned to

the case (for larger prosecutor offices). In some cases, the same prosecutor
will be assigned from the onset and the case is added to a judges docket.

The court sets a trial date and hearing dates on pretrial motions. The trial date
may change because of requests for continuances or because of other cases
on the trial docket for that day.

PRETRIAL MATTERS
1. Discovery
Discovery is the process in which the state and defense can obtain
information before trial. The discovery rules provide the defendant with
sufficient information to make an informed plea, to encourage thorough
trial preparation, to avoid surprises at trial, to conserve resources, and to
expedite case processing.

Under the U.S. Constitution, the state must disclose evidence if there is a
reasonable probability that the trial outcome would have been different if
the evidence had been disclosed.

State law also requires disclosure of certain information. A defendant

may obtain the deposition of any person. The defendant is not present
at a deposition unless it is agreed upon by the parties or if a court grants
an order stating the defendant may be present. A defendant must show
there is good cause in order to be physically present. Also, the trial court
may issue special protective orders.

2. Plea Bargaining
Plea bargaining is the process in which the prosecution makes charging
and sentencing concessions in exchange for a guilty plea. Among reasons
the prosecution may avoid going to trial:
- To avoid further trauma to victims, such as a child who was sexually
assaulted.
- The victim, though prepared to testify, would prefer to end the case.

Crime Victims Rights 11

 - Evidence will support a conviction but other factors favor entering
into a plea.
- The defendant agrees to cooperate with the state in the prosecution
of a co-defendant.

Under Missouri law, the prosecutor may agree to:

- Dismiss other charges.
- Recommend or agree not to oppose the defendants request for a
particular sentence.
- Agree that the particular sentence is appropriate.
- Recommend or agree on another case disposition.

The trial court is not required to accept a plea agreement, but if the court
rejects the agreement, the defendant may withdraw his guilty plea. To
be valid, the guilty plea must be entered knowingly, intelligently,
and voluntarily.

3. Continuance
A criminal proceeding may be continued (or pushed to a later date) for
what is referred to as good cause shown.

TRIAL
1. Noncapital cases
In all criminal cases, a trial may be held before a jury or, if the defendant
does not want a jury trial, before a judge. Typically, jury-tried cases
include a jury selection procedure (general voir dire), a guilt phase, and
a sentencing phase. If the defendant has no prior convictions and does
not waive jury sentencing, then the jury may recommend a sentence. The
judge sentences the defendant.

2. Capital cases
The state can seek the death penalty only in first-degree murder cases,
which requires that the defendant acted with deliberation. Jury selection
occurs in two phases. During the death qualification phase, the state and
the defense may question prospective jurors about their views on capital
punishment and whether they can consider the full range of punishment
life imprisonment without the possibility of probation or parole, or
death. Prospective jurors can be struck for cause if their views would
substantially affect their ability to perform. In the general phase, the
parties may question jurors about their background, which aids in using
peremptory challenges (removing for any reason).

12 Crime Victims Rights

 The guilt phase then begins. As in all criminal cases, before presenting
evidence, the prosecutor must make an opening statement, summarizing
the evidence. The defense then may make an opening statement or may
wait and make it before presenting its own evidence.

If the jury returns a guilty verdict, the penalty phase begins. Again,
the prosecutor makes an opening statement; the defense may follow
with one or present it at the beginning of its case. The state then
presents evidence to establish beyond a reasonable doubt at least one
aggravating circumstance to qualify for the death penalty. The defense
can produce evidence in mitigation.

3. Presentence investigation
Before sentencing, the state Board of Probation and Parole may
investigate to determine if the defendant is eligible for probation and
may make a recommendation to the judge. The defendant may waive the
presentence investigation.

Victims are asked to make victim impact statements, describing how

the crime has impacted their lives. They are included in the presentence
investigation report.

4. Motion for new trial

A new trial may be granted upon good cause shown by the defendant.
The motion for new trial must be filed within 15 days from the date of
conviction. The trial court can grant a one-time extension of 10 days.

5. Sentencing
For each crime, the statute creating the offense specifies a range of
punishment, such as five to 15 years imprisonment.

If the jury recommends a sentence for the defendant, the judge cannot
increase the punishment but can reduce it. In some cases where the
defendant has prior criminal convictions, only the judge considers
punishment. The victim or family of a deceased victim has the right to be
present and to make a statement at the sentencing hearing.

Offenders sentenced to one year or more are sent to prison. A lesser

sentence generally is served in a county jail.

If a defendant is sentenced to imprisonment, that sentence will be stated

in days or years, such as fifteen years imprisonment. However, the
judge may suspend execution of the sentence and place the defendant
on probation subject to conditions. Or the judge may decide not to

Crime Victims Rights 13

 sentence the defendant but to suspend imposition of sentence and place
the offender on probation. The defendant also may be ordered to make
restitution, to pay court courts, and to pay a fine.

Sentencing and Release

State law sets prison terms and fines. Multiple sentences run concurrently
(at the same time) unless the court specifies them to run consecutively
(one after the other). But for multiple offenses including rape in the first
degree, forcible rape, sodomy, forcible sodomy, or an attempt to commit
any of those felonies, the sentence on the sexual offenses must run
consecutive to the non sexual offenses.

A defendant will receive credit for time served in jail or prison awaiting
trial if the incarceration was not for time served on a different,
unrelated offense.

The law also sets a conditional release term when a felon can be
considered for release, unless he has committed a dangerous felony or
previously has been sentenced to the state prisons. A dangerous felony
includes arson in the first degree, assault in the first degree, attempted
rape in the first degree if physical injury results, attempted forcible rape
if physical injury results, attempted sodomy in the first degree if physical
injury results, attempted forcible sodomy if physical injury results, rape in
the first degree, forcible rape, sodomy in the first degree, forcible sodomy,
kidnapping, murder in the second degree, assault of a law enforcement
officer in the first degree, domestic assault in the first degree, elder abuse
in the first degree, robbery in the first degree, statutory rape in the first
degree when the victim is a child less than twelve years of age at the time
of the commission of the act giving rise to the offense, statutory sodomy
in the first degree when the victim is a child less than twelve years of
age at the time of the commission of the act giving rise to the offense,
and, abuse of a child if the child dies as a result of injuries sustained from
conduct chargeable under section 568.060, child kidnapping, and parental
kidnapping committed by detaining or concealing the whereabouts of the
child for not less than one hundred twenty days under section 565.153 or
the attempt of any of these.

A felons length of sentence determines how soon the state Board of

Probation and Parole considers a conditional release.
(See chart on page 19.)

14 Crime Victims Rights

CHALLENGES TO A CONVICTION, SENTENCE
1. Direct appeal
The state cannot appeal an acquittal of the defendant. If the defendant is
found guilty, the defendant must appeal the decision within 10 days after
the court officially pronounces the sentence. Appeals are heard by the
Missouri Court of Appeals, unless a death sentence is imposed. Then the
appeal goes directly to the Missouri Supreme Court.

The attorney general represents the state in all felony appeals. Any victim
wanting to be informed of the appellate procedure and case status must
make the request in writing to the Missouri Attorney Generals Office. A
form is included in Appendix A and can be sent directly or copied.

If the conviction and sentence are affirmed, the defendant can present to
the U.S. Supreme Court federal constitutional claims in a petition for writ
of certiorari, but such review is discretionary.

If a misdemeanor conviction is appealed, the prosecuting attorney for the

county from which the conviction arose will represent the state.

2. Postconviction motions
Separate from the appeal, the defendant also has the right to seek
postconviction relief. Missouri Supreme Court Rule 24.035 and Rule
29.15 provide the only remedy for seeking postconviction relief from a
judgment of conviction and sentence, alleging:
- The violation of the constitution and laws of Missouri or the
U.S. Constitution,
- The sentence exceeds the statutory maximum, or
- The court imposing sentence did not have jurisdiction.

Rule 24.035 applies to guilty pleas, Rule 29.15 applies to guilty verdicts.

If a direct appeal is brought, the postconviction motion must be filed

within 90 days after the appellate court issued its mandate; otherwise
the motion must be filed within 90 days after the defendant entered the
prison system.

An appeal from the denial of a postconviction motion may also be

brought before the state Supreme Court or the Court of Appeals, and
must be filed within 10 days of the final judgment (40 days from denial of
the motion).

Crime Victims Rights 15

 A petition for writ of certiorari also may be filed in the U.S. Supreme Court
following affirmation of the denial of the postconviction motion. Again,
review is discretionary.

3. Federal habeas corpus proceedings

Under federal law, a state offender may seek relief by filing a federal
writ of habeas corpus in the U.S. District Court. A federal habeas petition
must raise the ground that the petitioners imprisonment violates the
U.S. Constitution or U.S. laws or treaties. The Missouri attorney general
defends the state against habeas challenges.

A habeas petitioner generally is not entitled to an evidentiary hearing on

claims for relief. If a hearing is granted, it focuses on allegations that the
conviction and/or sentence are in violation of the Constitution.

If the district court grants the writ, the inmate is not automatically
released from prison. Generally the court issues an order directing that
the state either begin trial proceedings against the inmate within 60 days,
or release him.

When a writ is granted, the state can request the district court to
reconsider its opinion. If that request is denied, the state can ask that
the writ be stayed, suspending the court order. An appeal challenging
the district courts decision is then taken to the 8th U.S. Circuit Court of
Appeals for a review by a three-judge panel.

If the 8th Circuit affirms the decision of the district court, the state may
request that the panel rehear the appeal or that the entire court hear it.
If these requests are denied, the state may ask the U.S. Supreme Court
to hear the case by filing a writ of certiorari. The Supreme Court has the
discretion on whether to hear a case.

If the district court denies the writ, the inmate must obtain the
permission of the district court or federal appeals court to proceed. If
permission is granted, the habeas petition then would proceed through
the same steps as above.

PAROLE
1. Minimum prison terms
Offenders previously convicted of one or more felonies must serve
a percentage of the new sentence. The number of prior convictions
determines the percentage of time served before the inmate is eligible
for parole.

16 Crime Victims Rights

 Defendants convicted of committing a dangerous offense, as defined
by statute, must serve a minimum 85 percent of the sentence. If the
minimum eligibility date exceeds the conditional release date, the
offender is not entitled to conditional release.

2. Parole hearings
The Board of Probation and Parole decides when prisoners are eligible
for release on parole. A victim or family of a deceased victim may attend
parole hearings or provide information to the board about the crime and
request that parole be denied. Once released, the offender remains in the
legal custody of the Department of Corrections and is subject to the
boards orders.

Inmates sentenced to two or more years of incarceration must serve a set

amount of months before they are scheduled for a parole hearing. Here
are the length of sentences and required months to be served before a
parole hearing can be held:

Years of sentence Months served before hearing

2 2
3 3
4 4
5 5
6 6
7 7
8 24
9 30
10 36
11-15 42
16-20 60
21-25 78
26-30 96
31-35 114
36-40 132
41-44 144
45+ 156

Crime Victims Rights 17

 Fines
Chapter 558, RSMo, allows for persons convicted of crimes to be sentenced to
pay these fines:

Class C, D or E felony: Up to $10,000, or up to twice the amount of the

offenders gain from the crime, not to exceed $20,000.

Class A misdemeanor: Up to $2,000.

Class B misdemeanor: Up to $1,000.

Class C misdemeanor: Up to $750.

Class D misdemeanor: Up to $500.

Infraction: Up to $400.

These penalties do not apply in cases where the statutes outline fines for a
specific offense.

In lieu of the fines listed above, a person convicted of a misdemeanor or

infraction may be fined an amount fixed by the court, not exceeding double
the amount of the persons gain from the commission of the offense.

18 Crime Victims Rights

Prison Terms
Missouri Revised Statutes, Chapter 558, provides for these terms of
imprisonment:

Class A felony: 10-30 years or life imprisonment.

Examples: Second-degree murder; first-degree robbery.

Class B felony: 5-15 years.

Examples: Voluntary manslaughter; second-degree robbery; first-degree
burglary.

Class C felony: 3-10 years.

Examples: First-degree involuntary manslaughter; stealing $25,000 or more;
first-degree sexual abuse.

Class D felony: Up to seven years.

Examples: Second-degree assault; stealing $750 or more; forgery.

Class E felony: Up to four years.

Examples: Second-degree involuntary manslaughter; incest; passing bad
checks with no account.

Class A misdemeanor: Up to one year.

Examples: Fraudulent use of a credit device, value of property or services is
less than $750; tampering with computer data; failure to report a shooting.

Class B misdemeanor: Up to six months.

Examples: First DWI offense; peace disturbance; first-degree trespass.

Class C misdemeanor: Up to 15 days.

Examples: Animal neglect; gambling; littering.

Crime Victims Rights 19

 Court Terms
Acquittal: Legal judgment, based on the decision of either a jury or a judge,
that an accused is not guilty of the crime for which he or she has been
charged and tried.

Adjudication: Judicial decision that ends a criminal proceeding by a

judgment of acquittal, conviction, or dismissal of the case.

Appeal: Following a conviction, the offender may appeal the judgment to a

state appellate court. The Missouri Supreme Court automatically hears death
sentence cases; otherwise, the appeal is heard by the Missouri Court
of Appeals.

Arraignment: Court appearance where formal charges are read to the

defendant and where the defendant is asked to enter a plea.

Arrest warrant: An order made on behalf of the state, based on a complaint

and signed by a judge, authorizing police to arrest a person thought to have
committed a crime. A person arrested on a warrant stays in jail until bail is
posted or until released by order of the court.

Associate Circuit Court: An accused is arraigned in the Associate Circuit

Court before being bound over to the Circuit Court for further proceedings.

Bail: Money or property promised or given to the court as security when

a defendant is released before and during trial with the agreement he
will return to court when ordered. The court sets the bail amount or value
depending on several factors, including seriousness of charges and the
likelihood that the defendant will attempt to flee prior to the required court
appearances. Bail is forfeited to the court if the defendant fails to return to
court.

Beyond a reasonable doubt: Degree of proof needed for a judge or jury to

convict an accused person of a crime.

Burden of proof: In criminal cases, the state carries the burden of

establishing beyond a reasonable doubt that the accused committed the
offense.

Capital offense: Commission of first-degree murder. Killing someone with

deliberation is punishable by a sentence of death or life imprisonment
without the possibility of probation or parole.

20 Crime Victims Rights

Charge: Formal accusation filed by the prosecutors office that a person has
committed a specific crime. Also referred to as pressing charges. The State
presses charges, not the victim.

Circuit Court: Court that has jurisdiction in criminal matters over all felonies.

Complaint: Preliminary charge made by the state that a person has

committed a specified offense.

Concurrent sentences: Sentences run, or are served, at the same time.

Consecutive sentences: Sentences run one after the other.

Continuance: Delay or postponement of a court hearing. A case can be

continued for good cause, such as illness or witness unavailability, or by
agreement of the parties.

Conviction: Court judgment based on the decision of a jury or judge that the
defendant is guilty of the crime for which he was tried.

Crime: Violation of the law.

Defendant: Person formally charged with committing a specific crime.

Defense attorney: Lawyer who represents the defendant.

Crime Victims Rights 21

 Deposition: Sworn testimony of a witness taken outside of court in the
presence of the attorneys for the defense and prosecution. A deposition can
be used at trial to impeach or discredit a witnesss testimony or can be read to
a jury if the witness is unavailable.

Dismissal: Decision by a judicial officer to end a case for legal or other

reasons.

Disposition: Final decision that ends a criminal proceeding by judgment

of acquittal or dismissal, or sets the sentence if the defendant has been
convicted.

Felony: Serious crime punishable by more than one year in prison.

Grand jury: Body of persons, selected and convened upon order of a judge,
to inquire into and return indictments for crimes. The grand jury has the
power to request that the circuit clerk issue subpoenas to bring people to
testify before it.

Habeas corpus federal: Proceeding where a prisoner challenges the

lawfulness of his imprisonment. A writ of habeas corpus action does not
determine the prisoners guilt or innocence, but reviews the constitutionality
of the imprisonment.

Hearing: Legal proceeding in which a judicial officer or administrative body

hears arguments, witnesses and evidence.

22 Crime Victims Rights

Hearsay: Testimony based not on a witnesss own knowledge, but on matters
told to him by another person.

Implied consent: If a person is granted the privilege to hold a drivers license,

he has automatically given implied consent to submit to alcohol or drug
testing. Refusing to consent results in license revocation for one year. The
revocation is handled administratively through the Missouri Department of
Revenue, not through a criminal court.

Indictment: Formal charging document presented by the prosecuting

attorney to a grand jury. The grand jury may then issue the indictment if it
believes that the accusation, if proved, would lead to a conviction.

Information: Formal charging document issued by a prosecuting attorney

(with no grand jury involvement).

Infraction: Violation of a statute in which the only punishment authorized is a

fine and which is expressly designated as an infraction.

Jail: Local facility where persons in lawful custody are held. Defendants
awaiting trial and defendants convicted of minor crimes usually are held in
jail, not prison. Any person who receives a prison term of one year or less will
serve it in the county jail. Those with longer terms will go to prison.

Judicial officer or judge: Officer of the court who determines causes

between parties or renders decisions in a judicial capacity. The judge
generally decides questions of law.

Misdemeanor: Crime less serious than a felony that is usually punishable by a

maximum one-year jail term, a fine, or both.

Nolle prosequi: Voluntary dismissal of criminal charges by the state.

Parole: Release of a prisoner from imprisonment, but not from legal custody.

Personal recognizance: Promise of an accused person to the court that he

will return to court when ordered to do so. The promise is given in exchange
for release before and/or during his trial.

Plea: Defendants formal answer in court to the charge he is accused of

committing. The four types of pleas are:

Guilty: Admission of commission of the crime as charged.

Not guilty: Complete denial of guilty. A trial will follow.
Not guilty by reason of insanity: Denial of guilt because of mental
disease or defect excluding responsibility. A trial will follow in which the
defendants mental fitness will be an issue. A defendant simultaneously
may plead not guilty and not guilty by reason of insanity.

Crime Victims Rights 23

 Alford: Not an admission of guilt but that there is sufficient evidence
establishing guilt.

Plea agreement: Agreement between the state and defendant in which the
defendant agrees to plead guilty under certain terms and conditions. Since
both the state and defendant risk losing at trial, plea agreements allow a
reasonable disposition to be reached without going to trial. The victim has the
right to be informed of the plea agreement and to comment on the offer. The
judge must approve all plea agreements.

Post conviction proceedings: Review procedures following conviction

and direct appellate review. Typically the grounds for relief are limited and
different from those on appeal from a conviction.

Preliminary hearing: Hearing for a person charged with a felony before an

associate circuit judge. The state must establish there is probable cause to
believe the accused committed the specific crime charged. Witnesses may be
required to testify.

Presentence investigation: Investigation usually conducted by a

probation officer after a guilty plea or verdict. The judge can learn more
about the defendants criminal history and personal background before
imposing a sentence. Victims of the crime also will be asked how they have
been impacted.

24 Crime Victims Rights

Prison: State facilities where persons convicted of felony offenses are held.
Prisons are operated by the Department of Corrections.

Pro se: To defend oneself. The defendant is not represented by a lawyer,

has waived the right to counsel in a criminal proceeding, or is otherwise not
represented in a civil proceeding.

Probation: Conditional freedom granted by the court to a convicted person,

who usually is supervised by a probation officer. If a defendant violates the
conditions of probation, probation may be revoked following a probation
revocation hearing, and he will be taken into custody.

Prosecutor: Lawyer employed by the government to represent the publics

interests in court proceedings against people accused of committing crimes.

Public defender: Lawyer employed by a government agency to represent

defendants who cannot afford private lawyers.

Restitution: Payment made by a defendant to the victim as reimbursement

for monetary losses incurred as a result of the crime. Restitution may be
ordered by the court as part of a sentence.

Subpoena: Court order requiring a person to appear in court on a specified

day and time to give testimony or to produce documents or records. Failure to
appear constitutes contempt of court.

Summons: Court order used to bring a person accused of a minor crime

to court.

Suspended execution of sentence: Defendant is placed on probation

without having to serve a sentence of incarceration if conditions of probation
are met.

Suspended imposition of sentence: Defendant is placed on probation

without a sentence being imposed. If the conditions of probation are not met,
he later may be sentenced and incarcerated.

Truth in sentencing: Requires someone convicted of a dangerous felony to

serve a minimum 85 percent of the sentence. Missouri law defines dangerous
felonies as:
Arson, first degree
Assault, first degree
Assault of law enforcement officer, first degree
Attempted rape if physical injury results, first degree

Crime Victims Rights 25

 Attempted forcible rape if physical injury results
Attempted sodomy if physical injury results, first degree
Attempted forcible sodomy if physical injury results
Rape, first degree
Forcible rape
Sodomy, first degree
Forcible sodomy
Kidnapping
Murder, second degree
Domestic assault, first degree
Elder abuse, first degree
Robbery, first degree
Statutory rape, first degree (when victim is younger than 12)
Statutory sodomy, first degree (when victim is younger than 12)
Certain child abuse cases
Child Kidnapping
Parental Kidnapping

Victim impact statement: Statement given by a victim at bond, plea,

and sentencing hearings that explains how a crime has affected him. This
statement is the only way for the victim to address the judge, who decides
the fate of of the accused. The statement is given to the prosecuting attorney,
who forwards it to the judge after a verdict is reached and prior to sentencing.

Voir dire examination (or voir dire): Procedure in which the prosecuting and
defense attorneys question prospective jurors to pick a jury.

26 Crime Victims Rights

Publications
The Missouri Attorney Generals Office publishes information on a variety of
topics. These brochures may be accessed at www.ago.mo.gov.

Crime Victims Rights 27

 Appendix A

Request for Notification of Missouri Attorney General ago.mo.gov

ago.mo.gov
Criminal Appellate Proceedings Josh Hawley 800-392-8222
573-751-3321

This information must be provided to ensure you are notified about relevant appellate proceedings.
Please complete and mail this form to: Missouri Attorney General Josh Hawley
Victims Rights, Public Safety Section P.O. Box 899 Jefferson City, MO 65102

Notification Information

VICTIMS NAME
First Last Mi

CONTACT PERSON RELATION TO VICTIM

ADDRESS
Street City State Zip County

E-MAIL

PRIMARY PHONE NO. ( ) -

SECONDARY PHONE NO. ( ) -

Conviction Information

CIRCUIT COURT CASE NO. COUNTY OF CONVICTION

DEFENDANTS NAME
First Last Mi

OFFENSE(S)

DATE OF CONVICTION

NOTICE OF APPEAL FILING DATE

Your Verification
By my signature, as the victim of crime in the referenced case number below, I request to be kept apprised of the criminal ap-
pellate proceedings in relation to the following conviction pursuant to Section 595.209.1(16), RSMo.:

YOUR SIGNATURE DATE / / 2 0

MM / DD/ YYYY

Modified January 2017

28 Crime Victims Rights

OFFICE OF ATTORNEY GENERAL
JOSH HAWLEY
P.O. Box 899
Jefferson City, MO 65102
573-751-3321
www.ago.mo.gov
Revised March 2017