FAQs Continued-2

Can I Be Arrested Without Being Read My Miranda Rights?

The short answer is yes. Many people learn about Miranda warnings from television dramas and assume the words must be recited at the moment of arrest. In reality, Miranda v. Arizona established a protection that applies during custodial interrogation, not during the act of arrest itself. If officers take you into custody but do not plan to question you, they can transport you, photograph you, and even book you into jail without speaking a word about your right to remain silent. Only when an officer begins to ask questions designed to elicit incriminating answers does the law require a clear advisement of your right to remain silent and your right to an attorney.

If questioning begins and Miranda rights have not been provided, the remedy is not an automatic dismissal of charges. Instead, statements you gave in response to unwarned interrogation may be suppressed. Prosecutors may proceed with other evidence that is not tainted. That is why having defense counsel scrutinize every police report and patrol car video matters. Dayrell Scrivner has filed and argued countless suppression motions. He knows how to recognize subtle forms of custodial questioning, such as an officer’s “just between us” conversation outside the patrol car that can still trigger Miranda.

What Does a Criminal Defense Lawyer Actually Do?

A seasoned defense lawyer is both shield and sword. The shield function involves blocking improper evidence, spotting constitutional violations, and insulating clients from self-incrimination. The sword function involves constructing affirmative strategies that force the State to question its own case. In practice, that dual role includes tasks such as:

• Conducting an independent investigation that often uncovers holes in the police narrative.
  
• Retaining experts—whether a toxicologist in a DWI or a digital forensics analyst in a computer crime—to challenge the prosecution’s interpretation of facts.
  
• Filing motions to suppress illegally obtained statements, evidence seized without probable cause, or identification procedures that were overly suggestive.
  
• Negotiating with prosecutors for reductions or dismissals when early weaknesses are exposed.
  
• Presenting compelling evidence and argument to judges and juries when trial is the best path.
  

Will a Criminal Charge Show Up on a Background Check?

In Missouri, criminal records are largely public unless sealed by statute or court order. That means an arrest, charge filing, or conviction can appear on commercial background reports, Missouri Case.net searches, and even basic Google inquiries. The specific information revealed can differ depending on the depth of the search. For example, a standard employment screening might show only convictions, while a more thorough government clearance review might display dismissed charges and police contacts.

Charges that are dismissed, or cases that end in acquittal, do not vanish automatically. The record will still list the filing and the outcome. Missouri’s expungement statutes provide a path to seal some misdemeanors and nonviolent felonies after prescribed waiting periods—typically three years for misdemeanors and seven years for felonies—provided additional eligibility criteria are met. Certain serious offenses, such as murder, sex crimes involving minors, or Class A felonies, are permanently barred from expungement.

How Do Plea Deals Work?

More than ninety percent of criminal cases nationwide resolve through negotiated pleas, and Missouri follows that trend. A plea bargain is essentially a contract: the defendant agrees to waive the right to trial and accept responsibility for at least some aspect of the charge, while the prosecution agrees to a defined outcome. That outcome might be an amended charge, a capped sentence recommendation, or a joint request for probation. Judges retain ultimate authority, but Missouri courts give significant weight to stipulations reached by both sides, especially when the agreement is well-reasoned and the defendant has no prior record.

The plea process begins with discovery review. After analyzing police reports, videos, forensic lab results, and witness statements, defense counsel identifies weak points to leverage in negotiations. In DWI cases, that might be a blood draw performed outside FDA-cleared storage protocols. In assault allegations, it could be a cell-phone video contradicting the complainant’s version of events. Prosecutors weigh the risk of losing at trial against the certainty of a plea. When risk is significant, they offer concessions.

Missouri Rule 24.02 requires that plea agreements be placed on the record and that defendants affirm their understanding of rights they are giving up: the right to trial, to confront witnesses, and to remain silent. The judge must also ensure the plea is voluntary, factual, and supported by evidence. If the judge rejects a negotiated sentence, the defendant may withdraw the plea.

What Is the Difference Between Dismissal and Acquittal?

Both outcomes free a defendant from further punishment, but they arise at different stages and carry distinct legal consequences. A dismissal occurs when the judge or prosecutor terminates the case before a verdict. Reasons range from insufficient evidence, constitutional violations, or the successful completion of a diversion program. Depending on whether the dismissal is “with prejudice” or “without prejudice,” the State may be barred from refiling or may have another opportunity if new evidence surfaces.

An acquittal, by contrast, happens after the State has presented its case at trial and the judge or jury finds the defendant not guilty. Acquittal triggers double jeopardy protections under the Fifth Amendment, preventing the government from trying the defendant again on the same charge. Moreover, an acquitted defendant may be eligible to seek reimbursement for court costs, return of property, or expungement under Missouri’s more lenient post-acquittal provisions.

What is a pretrial motion and how can it affect my case?

A pretrial motion is a formal request made by your criminal defense attorney asking the judge to rule on a specific legal issue before the trial begins. These motions can have a major impact on how your case unfolds. For example, your lawyer might file a motion to suppress evidence if police obtained it through an illegal search or seizure. If successful, that evidence could be excluded, weakening the prosecution’s case—sometimes enough to lead to a dismissal.

Other common pretrial motions include motions to dismiss charges, motions to exclude witness testimony, and motions for a change of venue. Some motions may limit what the jury can hear, while others challenge the legality of the arrest or the reliability of forensic tests.

Pretrial motions can shape the direction of your defense strategy and often create leverage in plea negotiations. That’s why it’s critical to work with a defense attorney who knows how and when to use them to your advantage.

What Is the Role of a Prosecutor in a Criminal Case?

A prosecutor represents the State of Missouri and carries the burden of proving each charged offense beyond a reasonable doubt. That role begins with deciding whether to file charges at all. Police submit reports and evidence, but the prosecutor determines the specific statutes to invoke, the severity level to pursue, and whether aggravating factors justify enhanced penalties. Once charges are filed, the prosecutor directs the flow of discovery, negotiates plea agreements, responds to defense motions, and presents the State’s case at trial through witnesses and exhibits.

Prosecutors also serve as gatekeepers of constitutional fairness. Under Brady v. Maryland they must disclose exculpatory information in their possession, and under Missouri Supreme Court Rule 25.03 they are obligated to share police reports, lab results, witness statements, and other material evidence. In sentencing, they may recommend penalties, but the judge retains final authority.