A Missouri preliminary hearing is an early court proceeding in certain felony cases. Understanding its purpose, the probable-cause question, evidence, waiver choices, and next steps can help a person and defense attorney prepare for the process in St. Louis.
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If you have been charged with a felony in St. Louis, Missouri, you may be scheduled for a preliminary hearing. This proceeding can be an important stage of a criminal case because it determines whether sufficient evidence exists for a felony charge to move forward.
A preliminary hearing is not a criminal trial. The judge does not decide whether the defendant is guilty beyond a reasonable doubt. Instead, the court determines whether there is probable cause to believe a felony was committed and that the defendant committed it.
Missouri Supreme Court Rule 22.09 and Section 544.250 of the Revised Statutes of Missouri govern important aspects of this process. Understanding these rules, the applicable deadlines, and the potential outcomes can help defendants make informed decisions with their criminal defense attorneys.
What Is a Felony Preliminary Hearing in Missouri?
A preliminary hearing is a court proceeding generally conducted before an associate circuit judge in a felony case initiated by a criminal complaint.
The prosecution must present sufficient evidence to establish probable cause that a felony occurred and that the defendant committed it.
Probable cause is a substantially lower standard than proof beyond a reasonable doubt, which is required for a criminal conviction at trial.
The hearing is designed to determine whether the case should proceed to the next stage of prosecution. It is not intended to resolve every factual dispute, determine a sentence, or establish guilt.
Under Missouri Supreme Court Rule 22.09(a), a defendant is not required to enter a plea at the preliminary hearing.
Does Every Missouri Felony Case Require a Preliminary Hearing?
No. Whether a preliminary hearing is required depends partly on how the prosecution proceeds.
Missouri law permits felony prosecutions to proceed by indictment or information.
When a felony case begins with a criminal complaint, Missouri generally requires that the defendant be afforded the opportunity for a preliminary hearing before the prosecution proceeds by information, unless the defendant waives that hearing.
However, a preliminary hearing generally is not required when the defendant is charged through a grand jury indictment.
A grand jury indictment may also eliminate the need for a preliminary hearing on the same charges even when the prosecution originally filed a complaint.
This distinction is important because defendants should not assume that every felony arrest automatically results in a preliminary hearing.
The Missouri Supreme Court addressed the effect of a subsequent grand jury indictment in State ex rel. Woods v. Dierker (2024).
How Soon Must a Preliminary Hearing Take Place?
Missouri Supreme Court Rule 22.09(a) establishes specific time limits for preliminary hearings following the defendant’s initial appearance.
If the defendant is in custody: The preliminary hearing generally must occur within 30 days after the initial appearance.
If the defendant is not in custody: The preliminary hearing generally must occur within 60 days after the initial appearance.
The court may extend these deadlines for good cause. Each extension may be for up to 30 additional days when the defendant is in custody or up to 60 additional days when the defendant is not in custody. Multiple extensions are permitted when the required showing of good cause is made.
An extension is not automatic simply because the prosecution requests additional time.
In State ex rel. Woods v. Dierker, decided March 5, 2024, the Missouri Supreme Court emphasized that Rule 22.09 establishes mandatory time limits and requires a meaningful judicial inquiry and explicit findings of good cause when those deadlines are extended.
The court also explained that the state’s pursuit of a grand jury indictment, standing alone, does not necessarily establish sufficient good cause for a continuance.
When a continuance is considered, Rule 22.09(a) also permits the defendant to request review of detention or release conditions under Rule 33.05.
Anyone concerned about a delayed preliminary hearing should discuss the applicable deadlines and procedural options with defense counsel promptly.
What Happens During a Missouri Preliminary Hearing?
At a preliminary hearing, the prosecution presents evidence intended to establish probable cause.
This may include testimony from law enforcement officers, alleged victims, eyewitnesses, or other witnesses. The state may also offer evidence relevant to the alleged offense, subject to the applicable evidentiary rules.
Under Section 544.270, RSMo, prosecution witnesses are examined under oath.
Missouri Supreme Court Rule 22.09(b) specifically provides that the defendant may cross-examine witnesses and introduce evidence.
Cross-examination may allow defense counsel to examine inconsistencies, clarify important facts, or challenge the evidence supporting the allegations.
The defense may also present witnesses or other evidence, although deciding whether to do so requires strategic consideration.
The preliminary hearing is not necessarily the best opportunity to reveal every defense argument or present all available evidence.
Rule 22.09(b) generally requires the defendant to appear personally. The defendant may waive physical presence, however, if the court agrees to conduct the hearing through interactive video technology.
The defendant is not required to testify simply because a preliminary hearing is held. Whether to testify or present particular evidence should be discussed carefully with defense counsel.
Can the Defense Obtain Discovery Before the Preliminary Hearing?
Yes. Missouri law permits certain discovery before a felony preliminary hearing.
Under Missouri Supreme Court Rule 25.02(a), defense counsel may request discovery covered by Rule 25.03(a) after the defendant’s initial court appearance.
Upon a proper written request, Rule 25.03(a) generally requires the prosecution to disclose specified materials in the prosecutor’s possession relating to the offense, including arrest reports, incident reports, investigative reports, statements, photographs, recordings, video, electronic communications, and electronic data.
Rule 25.02(a) generally requires the state to provide this material within 14 days after service of the request, although the court may shorten or extend that period.
Additional discovery procedures apply after an indictment or information has been filed.
Not every document or piece of evidence will necessarily be available before the preliminary hearing. The applicable disclosure rules, timing, and materials actually in the prosecution’s possession can affect what the defense receives.
A defense lawyer can evaluate the available discovery, request appropriate records, and determine how the information should be used at the hearing.
Can a Defendant Waive a Preliminary Hearing?
Yes. Missouri Supreme Court Rule 22.09(a) permits a defendant to waive the preliminary hearing.
When the hearing is waived, the court orders the defendant to appear to answer the charge, and the case proceeds without a preliminary judicial determination of probable cause through that hearing.
Waiving a preliminary hearing is not the same as pleading guilty. It does not establish guilt, automatically dismiss the charges, or guarantee any particular outcome.
The decision may involve important strategic considerations.
For example, a hearing might provide an opportunity to question prosecution witnesses or examine the state’s evidence. Conversely, proceeding with the hearing may reveal defense strategies or create testimony that could become relevant later.
A waiver should be an informed decision made after consulting a qualified criminal defense attorney who understands the particular charges and available evidence.
What Happens If the Judge Finds Probable Cause?
If the judge determines there is probable cause to believe a felony was committed and that the defendant committed it, the judge orders the defendant to appear and answer the charge.
This is commonly described as the case being bound over for further proceedings.
Under Rule 22.09(c), following a completed preliminary hearing and a finding of probable cause, the court must set an appearance in the appropriate division as soon as practicable, but no more than 40 days after completion of the hearing.
Missouri Supreme Court Rule 23.03 generally requires the prosecution to file a felony information within 10 days after the order requiring the defendant to answer the charge. The court may extend that filing deadline for good cause.
The defendant may subsequently be arraigned on the information, enter a plea, and proceed through additional stages of the criminal case.
A finding of probable cause is not a conviction. The prosecution must still satisfy the applicable legal requirements to obtain a conviction.
What Happens If the Judge Does Not Find Probable Cause?
Under Rule 22.09(b), if the court does not find probable cause to believe a felony was committed and that the defendant committed it, the court must discharge the defendant.
This is a favorable result at the preliminary stage, but it does not necessarily mean the defendant can never face the charge again.
A preliminary hearing does not place the defendant in jeopardy for purposes of the constitutional protection against double jeopardy.
Consequently, Missouri prosecutors may, under applicable law, be able to file another complaint or seek a grand jury indictment after a discharge.
A dismissal or discharge at this stage should not be confused with an acquittal after trial.
If the court discharges the defendant, counsel should explain the effect on the pending complaint, any custody or release orders, and the possibility of additional prosecution.
How Is a Preliminary Hearing Different From an Initial Appearance or Arraignment?
These proceedings serve different legal purposes.
An initial appearance, governed by Rule 22.08 in felony cases, is when the court informs the defendant of the felony charge, the right to retain counsel, the right to request appointed counsel if unable to afford an attorney, and the right to remain silent. The court also addresses applicable release-related matters.
A preliminary hearing addresses whether probable cause supports moving forward with a felony charge initiated by complaint. The defendant is not called upon to plead at this proceeding.
An arraignment, governed by Rule 24.01, occurs on an indictment or information and includes advising the defendant of the formal charge and calling upon the defendant to enter a plea.
The Missouri Supreme Court discussed felony initial appearances and arraignments in State v. Woolery (2024).
Defendants should confirm the purpose of each scheduled court appearance rather than assuming that every hearing involves the same legal decisions.
St. Louis City and St. Louis County: Why Court Location Matters
Felony cases in the St. Louis area may be handled in different judicial circuits depending on where the alleged offense occurred.
The City of St. Louis is served by Missouri’s Twenty-Second Judicial Circuit.
St. Louis County is served by the Twenty-First Judicial Circuit.
Although statewide Missouri criminal procedure rules apply, the courts may have different divisions, scheduling practices, courthouse locations, and administrative procedures.
Defendants should verify the assigned court, division, case number, and hearing date.
Publicly available case information can often be reviewed through Missouri Case.net. However, electronic reminders and online docket information should not be treated as substitutes for official court notices or instructions from counsel.
Failure to appear for a required court proceeding can create additional legal problems, including the possibility of an arrest warrant.
How Should a Defendant Prepare for a Preliminary Hearing?
Preparation should begin as early as possible.
A defendant should provide defense counsel with the charging documents, court notices, release paperwork, and any available information relevant to the allegations.
Potential evidence may include text messages, emails, photographs, video recordings, location information, receipts, or the names of people who may have witnessed important events.
Relevant electronic information should be preserved in its original form when possible. Deleting or altering potential evidence can create serious legal complications.
Defendants should avoid discussing the facts of their criminal cases on social media or with individuals who may be connected to the investigation.
Witnesses should never be pressured, threatened, or encouraged to change their statements. Any necessary defense investigation or witness contact should be coordinated with counsel, particularly where court orders restrict communication.
People released on bond must comply with all conditions established by the court. A pending preliminary hearing does not suspend those obligations.
Defendants should also tell their attorneys promptly about scheduling conflicts, transportation problems, employment concerns, or circumstances that could affect their ability to appear.
If legal representation has not yet been secured, it is important to address that issue promptly. Defendants who cannot afford private counsel should inquire about the process for requesting public defender representation.
Can Preliminary Hearing Testimony Affect the Later Criminal Case?
Potentially, yes.
Although a preliminary hearing is limited to the issue of probable cause, testimony given during the proceeding can have consequences later.
For example, statements made by a witness may become relevant when evaluating inconsistencies or preparing cross-examination at trial.
In certain circumstances, testimony from a preliminary hearing may also become admissible at a later trial if a witness is unavailable and the applicable legal requirements are satisfied.
This is one reason the decision to cross-examine a witness, present evidence, or waive a hearing deserves careful attention.
A defense attorney should evaluate the immediate probable-cause question along with the possible long-term consequences for the case.
How Can a St. Louis Criminal Defense Lawyer Help?
A criminal defense lawyer can review the charging allegations, investigate factual issues, request available discovery, evaluate the evidence supporting probable cause, and explain the advantages and disadvantages of proceeding with a preliminary hearing.
Counsel can also monitor procedural deadlines, assess possible legal challenges, prepare witness examinations, and advise the defendant about what may happen after the hearing.
The appropriate strategy depends on the charges, the evidence, the procedural history, and the defendant’s individual circumstances.
Kissell Law Group represents individuals facing criminal charges throughout Missouri, including the St. Louis area.
People facing felony allegations can contact Kissell Law Group to discuss representation, the status of their criminal cases, and the procedural options that may be available.
No attorney can ethically guarantee that a preliminary hearing will result in dismissal or that a particular defense strategy will produce a specific outcome.
Frequently Asked Questions About Missouri Felony Preliminary Hearings
Is a Missouri preliminary hearing the same as a criminal trial?
No. A preliminary hearing determines whether probable cause supports moving forward with a felony prosecution. It does not determine guilt beyond a reasonable doubt.
Does a defendant have to enter a plea at the preliminary hearing?
No. Missouri Supreme Court Rule 22.09(a) expressly provides that a defendant is not called upon to plead at the preliminary hearing.
Can a preliminary hearing be postponed?
Yes, but extensions beyond the Rule 22.09 deadlines require a showing of good cause. Defendants should ask their attorneys to explain any continuance and its effect on the case.
Can a defendant cross-examine witnesses?
Yes. Rule 22.09(b) permits cross-examination and the introduction of defense evidence, subject to applicable law and the court’s authority to manage the proceeding.
Will every felony defendant receive a preliminary hearing?
No. The hearing may be waived, and a preliminary hearing generally is not required when the prosecution proceeds through a grand jury indictment.
Does losing a preliminary hearing mean the defendant will be convicted?
No. A probable-cause finding does not establish guilt. The prosecution must still prove its case under the standards applicable to a criminal trial or obtain a legally valid guilty plea.
Can prosecutors bring charges again after an unfavorable preliminary hearing?
Potentially. A discharge at the preliminary stage does not necessarily prevent the prosecution from filing another complaint or obtaining an indictment, subject to applicable law.
Can a defendant miss the hearing if an attorney is involved?
A defendant should never assume that an attorney’s involvement excuses attendance. The defendant must comply with the court’s appearance requirements unless the court authorizes an alternative.
Missouri Legal Authorities and Further Reading
Missouri Supreme Court Rules: Rules 22.08, 22.09, 23.03, 24.01, 25.02, 25.03, and 33.05. Available through the Missouri Courts Supreme Court Rules.
Section 544.250, RSMo: Preliminary hearings and when the opportunity for a preliminary examination is required. Missouri Revisor of Statutes.
Section 544.270, RSMo: Examination of prosecution witnesses. Missouri Revisor of Statutes.
State ex rel. Woods v. Dierker, No. SC100369 (Mo. banc Mar. 5, 2024): Preliminary-hearing deadlines, continuances, and subsequent grand jury indictments. Read the decision.
State v. Woolery, No. SC100170 (Mo. banc 2024): Missouri felony initial appearances, arraignments, and related procedural rights. Read the decision.
Missouri Case.net: Official public case information.
Disclaimer
This article is intended for general educational information about Missouri criminal procedure and does not constitute legal advice. Criminal laws, procedural rules, and local court practices may change. The appropriate course of action depends on the facts of each case. Anyone facing felony allegations should consult a qualified Missouri criminal defense attorney before deciding whether to waive a preliminary hearing or make other decisions affecting the defense.
Sources and further reading
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