FAQs

Navigating Missouri’s criminal justice system can feel overwhelming, whether detectives have merely asked you to stop by the station for “a quick chat” or you have already spent the night in the County jail. Scrivner Law Firm, led by attorney and former prosecutor Dayrell Scrivner, draws on more than three decades of trial experience to anticipate the State’s strategy and protect our clients’ futures. From Branson we serve Taney, Christian, and Stone Counties, yet our reputation for meticulous preparation and unflinching advocacy has reached courts across the state. The questions below are the ones we hear most often. If you need clarity about your own situation, call us at (417) 699-0074 for a confidential consultation.

Do I need a lawyer if I’m innocent?

Believing in your innocence is not a legal strategy. Prosecutors decide to file charges based on what they think they can prove, not necessarily on what actually happened. Every year Missouri juries convict people who later obtain post-conviction relief because crucial evidence or testimony was never presented. Under Gideon v. Wainwright, 372 U.S. 335 (1963), the Sixth Amendment guarantees counsel in felony prosecutions, yet having a lawyer and having the right lawyer remain two different things. During his years with the Stone County Prosecuting Attorney’s Office, Dayrell Scrivner learned to recognize investigative shortcuts. Today he exposes those shortcuts through targeted motions and relentless cross-examination. Without counsel, police may question you without clearly explaining the significance of every answer; prosecutors may interpret an innocent mistake, such as a misremembered timeline, as a deliberate lie; and complex rules of evidence can turn seemingly harmless material into damaging exhibits. Because the State bears the burden of proof, an aggressive defense attorney can force prosecutors to verify every assumption. Even when charges are dismissed, counsel often accelerates that outcome and preserves your reputation.

What should I do if I’ve been arrested?

The hours immediately following an arrest shape the entire case. Your first priority is to invoke your right to remain silent and request a lawyer. Police must issue Miranda warnings before custodial interrogation, and the Supreme Court rejected the “question first, warn later” tactic in Missouri v. Seibert, 542 U.S. 600 (2004), meaning that statements obtained without proper warnings can be suppressed. Once you ask for a lawyer, officers must stop questioning you. Your second priority is to contact counsel before discussing bail. Missouri courts usually hold the first appearance within forty-eight hours of arrest, and bond is set at that hearing. When counsel highlights strong community ties and a lack of flight risk, judges often release defendants on recognizance or impose a lower bond. Your third priority is to preserve evidence and witnesses because surveillance video is routinely overwritten within days and eyewitness memories fade quickly. A lawyer can send preservation letters, demand that police maintain digital files, locate favorable witnesses, and arrange independent forensic tests. Finally, you should avoid social-media commentary altogether because prosecutors routinely search public posts for statements or photos that can be spun as admissions or evidence of motive.

What is the difference between a felony and a misdemeanor?

In Missouri the fundamental distinction between a felony and a misdemeanor is the potential punishment. Felonies fall into five classes that range from Class A to Class E. A Class A felony carries a minimum of ten years in the Department of Corrections and can reach life imprisonment, whereas a Class E felony is capped at four years. Misdemeanors fall into three classes labeled A through C. A Class A misdemeanor carries up to one year in the county jail, while a Class C misdemeanor tops out at fifteen days. Beyond incarceration, felonies impose collateral consequences such as the loss of firearm rights, barriers to professional licensing, and disqualifications from certain federal benefits. Although misdemeanors seldom create lifelong obstacles, repeated misdemeanor convictions can increase future sentences and jeopardize employment. Charging decisions can also shift the stakes. For example, the theft of property valued just above the statutory threshold turns petty stealing into felony stealing. An experienced lawyer can challenge the valuation evidence, often persuading the court to treat the allegation as a misdemeanor or to dismiss it outright.

How long does a criminal case take in Missouri?

No single timeline applies to every case because several factors interact. The complexity of the evidence influences discovery; digital forensics and expert testing frequently extend deadlines. The size of a court’s docket also matters because rural circuits typically have shorter calendars than urban districts. Defense motions can pause proceedings, yet a successful motion may suppress key evidence and result in dismissal. Missouri’s speedy-trial statute, section 545.780 of the Revised Statutes, directs courts to set trial dates as soon as reasonably possible once the defendant demands a speedy trial, and one hundred eighty days from arraignment serves as a common benchmark. Delays that arise from defense requests or from unavoidable circumstances, such as weather closures or pandemic continuances, do not count toward that period. When deciding whether to dismiss a case for excessive delay, courts apply the four-factor test introduced in Barker v. Wingo, 407 U.S. 514 (1972), which balances the length of the delay, the reason for the delay, the defendant’s demand for a speedy trial, and any prejudice produced by the delay. Demanding a speedy trial can confine the prosecution’s preparation, but it also limits the defense’s ability to investigate. Attorney Scrivner reviews the completeness of discovery, the availability of witnesses, and any pending forensic analyses before advising clients whether to invoke the statute.

What are my rights if I’m being investigated but have not been charged?

Even before charges are filed you possess significant constitutional protections. You have the right to counsel as soon as law-enforcement focus shifts from a general inquiry to a suspect-specific investigation. Once you request a lawyer, police must discontinue custodial interrogation. You also have the right to remain silent, and your refusal to answer investigative questions cannot be used as evidence of guilt at trial. The Fourth Amendment guards against unreasonable searches, meaning officers generally need a warrant to search your home, your phone, or your vehicle. Consenting to a search waives that safeguard, so you should politely decline any request for consent and contact counsel. Early intervention often changes outcomes. Dayrell Scrivner has resolved investigations without formal charges by providing exculpatory documents, arranging private polygraph examinations, or negotiating pre-filing diversion. When investigators pursue a grand-jury route, designated targets receive written warnings. Counsel can accompany targets to testimony or advise them to invoke the Fifth Amendment.

What happens at a first court appearance?

Missouri Supreme Court Rule 22.08 governs initial appearances in felony cases. At this hearing the judge states the formal charge, describes the maximum possible penalties, and reminds the defendant of the right to counsel. If the defendant qualifies financially, the court appoints the public defender. The judge also considers bail and other release conditions. The defendant typically enters an initial plea of “not guilty,” and the court schedules the next hearing, which is usually a preliminary hearing or an arraignment depending on the procedural posture. Under County of Riverside v. McLaughlin, 500 U.S. 44 (1991), the State must provide this appearance within forty-eight hours of arrest so that a neutral magistrate can review probable cause. Skilled representation shapes the outcome because reliable employment records, medical documentation, and community references help counsel argue for release on recognizance or for reduced bond. In some instances a lawyer can challenge probable cause during the first appearance and obtain immediate dismissal.