How a Missouri Felony Case Works, Step by Step

A Missouri felony case moves through a series of steps, from arrest to a final resolution, and it usually takes much longer than people expect. Knowing the stages helps you…

The attorneys and staff of Vindex Law, PC outside the firm's office in downtown Jefferson City, Missouri

A Missouri felony case moves through a series of steps, from arrest to a final resolution, and it usually takes much longer than people expect. Knowing the stages helps you understand what each court date is for and which decisions matter most early.

This guide walks through a typical felony case in Missouri state court, including in Cole, Boone, and Callaway Counties. Every case is different, but the stages are the same.


Step by step

What are the steps in a Missouri felony case?

The usual path, from arrest to resolution.

  • 1. Arrest and charging. A person arrested without a warrant generally must be released within 24 hours unless a charge is filed and a warrant issues, under RSMo 544.170. The case begins with a complaint in the associate circuit division.
  • 2. First appearance. The judge advises the person of the charge and their rights, addresses counsel, and sets or reviews release conditions.
  • 3. Bond hearing. If the person is still in custody after the first appearance, Missouri Supreme Court Rule 33.05 requires a hearing on detention or release conditions within seven days, not counting weekends and holidays.
  • 4. Preliminary hearing or grand jury. Before the prosecutor can file a felony information, the person is entitled to a preliminary hearing, where a judge decides whether there is probable cause, under RSMo 544.250. The hearing can be waived, and prosecutors can instead take the case to a grand jury for an indictment.
  • 5. Arraignment in circuit court. Once the case is bound over or indicted, it moves to the circuit court, where the person enters a plea, usually not guilty.
  • 6. Discovery and investigation. The State must disclose its evidence, including police reports, statements, lab results, and video. The defense investigates, interviews witnesses, and reviews everything.
  • 7. Motions. Motions to suppress evidence from an unlawful stop, search, or interrogation, and other pretrial motions, are filed and heard.
  • 8. Plea negotiations or trial setting. Most cases are resolved by agreement. Cases that are not are set for a jury trial, or a bench trial if the defendant waives a jury.
  • 9. Sentencing. After a plea or a guilty verdict, the judge imposes a sentence, which may include probation or an SIS.


Timing

How long does a felony case take in Missouri?

Often a year or more, and sometimes two.

A typical felony case has several court settings before it is either resolved or set for trial, and trial dates are commonly a year or two out, especially when the defendant is out of custody. Lab testing, discovery, crowded dockets, and continuances all add time.

A person who wants the case tried promptly can announce ready for trial and request a speedy trial. Under RSMo 545.780, the court must then set the case for trial as soon as reasonably possible. Requesting a speedy trial is a strategic decision, not an automatic good one, because it can cut short the time the defense needs to investigate.


Early decisions

Which stages of a Missouri criminal case matter most?

The early ones, because they shape everything after.

Release and bond

Whether the person is home or in jail during a long case affects work, family, the ability to help with the defense, and often the pressure to plead. Release conditions also have to be followed perfectly for months.

Statements

What the person says to police, to the other people involved, or on recorded jail calls frequently becomes the State’s evidence. Jail calls are recorded and regularly used as admissions.

The preliminary hearing

It is a chance to test the State’s evidence under oath and lock in witness testimony early. Whether to hold it or waive it is a judgment call that depends on the case.

Suppression motions

If evidence was obtained unlawfully, a successful motion to suppress can change or end the case before trial.

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Resolution

How do most Missouri felony cases end?

Most end in a negotiated resolution. Some are dismissed, and some go to trial.

A negotiated resolution can take many forms: a plea to a reduced charge, an agreed sentence, probation with an SIS, or entry into a treatment court. Some cases are dismissed after suppression rulings or when the evidence falls apart. Others go to trial because the defense is strong or because no acceptable offer is made.

The strength of any offer depends on how prepared the defense is to try the case. A case built for trial from the beginning is in a better position to negotiate, and in a better position if negotiations fail.

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FAQ

Missouri criminal process questions

What happens at an arraignment in Missouri?

The charge is formally presented and the defendant enters a plea, usually not guilty. In a felony case, the arraignment on the information or indictment happens in circuit court after the preliminary hearing or grand jury.

What is a preliminary hearing in Missouri?

A hearing before an associate circuit judge to decide whether there is probable cause to believe the person committed the felony charged. If the judge finds probable cause, the case is bound over to circuit court.

How long can you be held without charges in Missouri?

Generally 24 hours after a warrantless arrest, under RSMo 544.170, unless a charge is filed and a warrant issues.

How many court dates are there in a felony case?

It varies. Many cases have several settings in associate circuit and circuit court before they are resolved or set for trial. Not every date requires testimony or a decision, but every one requires the defendant to appear unless excused.

Can I get a speedy trial in Missouri?

You can request one. Under RSMo 545.780, if the defendant announces ready for trial and files a request, the court must set the case as soon as reasonably possible. Whether to request it depends on the case.

See our criminal defense page, or call 573-638-8529. Charged in a specific county? Jefferson City and Cole County, Columbia and Boone County, or Fulton and Callaway County.


Talk to us

The first weeks shape the whole case.

If you or someone in your family has been charged with a felony in Missouri, call before the first court date.

Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri criminal procedure as of October 2026, not legal advice, and it does not create an attorney-client relationship. The course of any case depends on its facts.

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