| How
does a complaint become a criminal case?
Go to Criminal Case Road Map
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What is a subpoena?
A subpoena is an official court order requiring a person to appear at the time and place
it specifies. Most commonly, the person subpoenaed is needed to provide testimony or other
evidence. A subpoena continues in force until the case is heard, so that if a trial has to
be rescheduled, only a notice of later hearings are sent.
You should have your subpoena with you when you appear. Failure to appear constitutes
contempt of court. If your phone number or address change, please contact the Prosecuting
Attorney’s Office immediately. If you have question about your testimony,c all this
office. Remember to dress appropriately for court appearances, and refrain from consuming
alcohol before coming to court.
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If I am a witness,
how many times will I have to testify?
The short answer is anywhere from 0-5 times. In most
felony cases, expect at least once (at the preliminary hearing). If there is a felony
trial, you will also testify at the trial. You may also be required to testify in a
pre-trial hearing or at a deposition (out of court, but recorded under oath) or at the
sentencing hearing.
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Will the
defendant be at the hearing when I testify?
Yes. The defendant has the right to face his accusers.
Under the Missouri Constitution, a victim also has a right to be at all criminal
proceedings where the defendant has such a right.
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What is a Preliminary Hearing?
A Preliminary Hearing is held (unless waived by the defendant) in every felony case. An
associate circuit judge, the defendant and his attorney, the the prosecuting attorney and
all subpoenaed witnesses will attend. Evidence is presented to show there is probable
cause that a felony has been committed by the defendant. The case is then sent to the
Circuit Court for trial.
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Do felony cases always go to a trial?
Most cases are resolved with the defendant pleading guilty, especially where there is no
real question of guilt.
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How does a plea bargain work?
The state and defendant’s attorney frequently have a fairly good idea of what punishment
would result if there were a trial. In such cases, the punishment for the crime can
usually be fairly resolved by plea agreement. If the judge agrees, the defendant is
sentenced accordingly.
Other times the defendant may plead guilty without any agreement as to punishment. In
those cases, both sides may provide evidence and recommend a sentence. Then the court must
decide.
We want to know the victim’s thoughts on the conduct and sentencing in each case, however,
we must weigh many issues: the severity of the crime, criminal record of the defendant,
the wishes of the victim, the likelihood of success at trial and the probable punishment
with and without a trial. Decisions regarding the prosecution of the defendant ultimately
belong to the prosecuting attorney alone.
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What if the defense attorney or investigator
contacts me about the case?
You may be contacted by the defense attorney or a private investigator hired by the
defense attorney. There is no rule against your speaking to them about the case, but you
have the right to refuse if you wish. If you do decide to speak to the defense attorney or
a representative of that office, you may request that an attorney from this office be
present while you are being questioned, and you may postpone any further communication
with the defense until such arrangements can be made.
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What if someone tries to threaten me about testifying?
Since a threat to a witness or a victim is itself a crime, it is unlikely anyone would
make such a contact. If the defendant (or any one else) does contact you and attempts to
influence, intimidate or harass you, or tries to persuade you to either testify falsely or
not testify at all, please contact the investigating law enforcement agency or this office
immediately.
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What is a deposition and why do I have to go to one?
A deposition is the recorded testimony of a witness, given under oath in the presence of
the defense attorney, the prosecuting attorney and often the defendant. The defense (and
in rare occasions, the state) sometimes require a deposition of witnesses. The purpose of
taking a deposition is to determine, test, and preserve the testimony of a witness.
Neither a deposition (or written statements or affidavits) are a substitute for your
personal appearance at a trial.
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What happens in a trial?
Go to Jury Trial.
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How and when is sentencing determined?
The judge sentences a defendant who has been found guilty or has pleaded guilty. The state
legislature has set the minimum and maximum punishment for each crime. It is the judge’s
responsibility to sentence the defendant after considering the crime itself, the prior
criminal record of the defendant and other related circumstances. The defendant may be
sentenced to jail or placed on probation. He may be ordered to make restitution and pay
court costs and fines.
Victims may be contacted by our office before sentencing to provide a victim impact
statement. They may also be contacted by the Board of Probation and Parole to provide
information used in preparing a pre-sentence report to the court.
Victims also have a right to be heard when
they so request. Please let us know if you wish to be involved. See Victim’s Rights, at
this website.
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What if I change my mind about prosecuting or
testifying?
A crime committed against any person is a crime committed against the community as a
whole. The state’s responsibility is to all the people and not only to the victim. For
this reason, we do not drop charges in a case simply because the victim no longer wishes
to pursue the case. The court can compel testimony of a victim or witness to a crime. We
understand that witnesses may be reluctant about testifying in a case and we ask you to
discuss your concern with the prosecutor handling the case. We will try to help with any
problems, doubts or questions you may have.
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Can I be compensated for losses I have suffered as a
victim?
Your insurance company may provide coverage for your personal injury or property loss due
to a crime. If your report of a crime results in the offender being placed on probation or
parole, the court may order the offender to make restitution to pay for the cost of your
injuries, damages or loss. However, restitution cannot be guaranteed and may not be
possible under some circumstances. The Crime Victims’ Compensation Fund may cover certain
out of pocket losses as a result of personal injury or death. You may also consider
pursuing a civil suit to recover damages.
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How can I find out
about a persons criminal history?
This office cannot provide criminal histories, but such
records are available to the public for certain purposes from the Missouri Highway Patrol.
The form used to request a criminal history from the patrol is available
HERE. For more information about criminal histories go to the Criminal History Improvement Project.
The names of sexual offenders registered in Audrain County
are available from the Audrain
County Sheriff. |
