Plain-English answers to the questions people ask most when facing criminal charges in Missouri.
Stay calm and say nothing beyond identifying yourself. Invoke your right to remain silent: tell the officer you are not answering questions and that you want an attorney. Then stop talking — do not try to explain or justify anything. Call a lawyer as soon as you are allowed a phone call.
No. You are required to identify yourself, but you are not required to answer questions about where you have been, what you were doing, or anything else. You have an absolute Fifth Amendment right to remain silent. Use it politely: 'I am not answering questions. I want my lawyer.'
Miranda rights must be given before custodial interrogation: you have the right to remain silent; anything you say can be used against you; you have the right to an attorney; if you cannot afford one, one will be appointed. If police fail to give these warnings before a custodial interrogation, any statements you make may be suppressed.
Felonies are classified A through E. A felonies carry 10 years to life; E felonies carry up to 4 years. Misdemeanors are classified A through D; A misdemeanors carry up to 1 year in county jail. The distinction affects employment, housing, professional licenses, voting rights, and firearm rights.
An SIS is one of the most valuable outcomes in Missouri criminal defense. When a judge suspends imposition of sentence and places you on probation, no conviction is formally entered as long as you complete probation successfully. An SIS is not available in every case, but when obtainable it can protect your record and your future.
After arrest, a judge sets bond — an amount deposited to secure your release pending trial. You can pay in full (cash bond), use a bail bondsman (typically 10% of the bond, non-refundable), or be released on recognizance in some cases. A lawyer can file a motion to reduce an excessive bond.
Arraignment is your first formal court appearance. You enter a plea — almost always not guilty at this stage, regardless of the facts. A not-guilty plea preserves all your options. Entering a guilty plea at arraignment, before discovery has been reviewed, is almost never in your interest.
Missouri's expungement law (RSMo § 610.140) allows most misdemeanors and many felonies to be cleared, with waiting periods of 1 year for misdemeanors and 3 years for felonies after completing your sentence. Certain offenses — dangerous felonies, most sex offenses requiring registration — are excluded.
A dismissal means charges were dropped — by the prosecutor or by the court after a motion. An acquittal means a judge or jury found you not guilty after trial. An acquittal bars re-prosecution for the same offense under double jeopardy. A dismissal without prejudice can sometimes be re-filed.
Police need a warrant, your consent, or a recognized exception. Common exceptions include probable cause, search incident to arrest, and inventory search. A traffic stop alone does not authorize a search. You may refuse consent politely and clearly. Whether the search was legal is often the pivotal question in drug and DWI cases.
Missouri law uses DWI (Driving While Intoxicated). A BAC of .08% or higher creates a presumption of intoxication under RSMo § 577.012. A DWI arrest triggers two separate cases: the criminal charge and a Department of Revenue license action. Both have short deadlines — call immediately after an arrest.
It depends on the charge, the court, and the complexity. A simple misdemeanor might resolve in a few months. A serious felony going to trial can take a year or more. What matters is not how fast the case moves, but how it ends.
Call or text 636.940.7771 any time — we respond in minutes. Or use the free case evaluation form.
