What Should I Do After an Arrest in Missouri?

Getting arrested can feel overwhelming, fast, and confusing. What you do in the next minutes and days can make a real difference in the outcome of your case. This guide explains your rights, what to expect at each stage, and practical steps to protect yourself and your future in Missouri. It also outlines how Scrivner Law Firm approaches these moments, drawing on decades of courtroom experience across Taney, Stone, and Christian Counties and throughout Southwest Missouri.

Understanding Your Rights and Immediate Steps

The most important thing to do after an arrest is to stay calm. Do not argue, resist, or try to explain yourself. Keep your hands visible and avoid sudden movements. Whether the arrest occurs during a traffic stop, at home, or in public, your goal is to stay safe and avoid adding extra charges like resisting arrest or obstruction.

You have the right to remain silent. Use it. Provide only basic identifying information such as your name and date of birth. Do not answer questions about what happened, who was there, or what you were doing. If officers start asking about the alleged incident, say clearly, “I am invoking my right to remain silent. I want a lawyer.” Then stop talking. Anything you say can be used against you, even casual comments.

Ask for a lawyer immediately. The earlier your attorney is involved, the stronger your defense will be. A lawyer can stop illegal questioning, begin protecting evidence, and make sure you do not make costly mistakes. If you cannot afford an attorney, one will be appointed by the court. Do not discuss your case on recorded jail phones or text friends or relatives about it—these communications are not private.

You also have the right to refuse consent to searches. If an officer asks to search your car, home, or phone, calmly say, “I do not consent to a search.” Officers may still search if they have a warrant or legal exception, but refusing consent preserves your rights for later legal challenges.

The First Hours After Arrest

Once you are arrested, you will be transported to jail for booking. Officers will take your fingerprints, photographs, and collect personal information. You may be held while the prosecutor decides whether to file charges and while a judge determines release conditions. If you were arrested without a warrant, Missouri law generally requires that you be released within 24 hours unless formal charges are filed and a warrant is issued. This rule protects you from being detained indefinitely without cause.

If a warrant exists, your initial appearance before a judge must occur within 48 hours, not counting weekends and holidays. The judge will inform you of the allegations, advise you of your rights, and decide whether to release you or set bond. Courts typically prefer the least restrictive form of release necessary to ensure you appear in court and comply with conditions.

During this first court appearance, it is critical to have a lawyer present. Your attorney can argue for your release on your own recognizance or for a reasonable bond amount. Judges may also impose specific conditions such as travel limits, drug testing, or no-contact orders with certain individuals. Violating any of these terms can lead to immediate re-arrest.

If bond is too high or the conditions are unworkable, your lawyer can request a bond review hearing to ask the court to reconsider. Missouri judges are encouraged to use non-financial conditions whenever possible rather than holding someone simply because they cannot afford bail.

How Charges Are Filed and What to Expect

A criminal case officially begins when the prosecutor files a document called an “information” or when a grand jury returns an indictment. This document lays out the charges against you and brings the case formally before the court. Once filed, you and your lawyer will have the opportunity to review the evidence and begin building a defense.

Felony cases often start with a preliminary hearing, where a judge decides whether there is probable cause to proceed. In some cases, the prosecutor may instead use a grand jury, which reviews evidence in secret to determine whether to issue an indictment. Either way, your lawyer’s job is to identify weaknesses in the prosecution’s case and to protect your rights at every step.

After charges are filed, the discovery process begins. Your lawyer receives police reports, videos, lab results, and witness statements. This stage is where an experienced defense attorney can make a major difference. By filing motions to suppress evidence obtained illegally, challenging unreliable witnesses, or pointing out investigative errors, your lawyer can weaken the prosecution’s case before trial even begins.

Bond, Release Conditions, and Common Restrictions

After your first appearance, you may be released with certain conditions. Sometimes you will be released on your promise to return to court. Other times, the court may require a cash or surety bond. Judges can also impose non-financial conditions such as regular check-ins, curfews, or electronic monitoring.

If your case involves an alleged victim, the court may issue a no-contact order. These orders prohibit you from communicating with specific individuals, even through friends, messages, or social media. Violating a no-contact order is a separate criminal offense, so it is crucial to comply completely. If circumstances change, your lawyer can request a modification later.

In some cases, the judge may require you to surrender firearms or refrain from alcohol or drugs. Even if you believe these rules are unfair, obey them fully until your attorney can address them in court. Compliance demonstrates responsibility and may help your lawyer negotiate better conditions later.

Protecting Your Case and Building a Defense

From the moment of arrest, every detail matters. Save anything that might be useful to your defense; receipts, text messages, call logs, or video footage. Tell your attorney where to find security cameras, witnesses, or physical evidence. Many stores and homes delete recordings within days, so fast action can make or break your case.

Your attorney may also contact witnesses, issue preservation letters to protect evidence, or request copies of 911 recordings and body camera footage. These steps are especially important in domestic violence, assault, or DWI cases where firsthand accounts and recordings often determine the outcome.

If you were injured during arrest, get medical care immediately and keep documentation of your injuries. This can support a claim of excessive force or explain behavior that was misinterpreted as resisting arrest. Photographs, medical records, and witness statements can all play a role later in court.

It is also wise to avoid social media. Prosecutors often monitor Facebook, Instagram, and other platforms for posts that can be used against defendants. Even an innocent joke or photo can be taken out of context and shown to a jury.

What Not to Do While Your Case Is Pending

Do not discuss your case with anyone other than your lawyer. This includes friends, coworkers, and especially the alleged victim. Trying to explain your side can be mistaken for witness tampering. Jail calls are recorded, and prosecutors routinely review them for incriminating statements.

Do not miss any court dates or supervision check-ins. Failing to appear can lead to a bench warrant and additional charges. If an emergency arises, call your attorney immediately so they can inform the court and prevent complications.

Avoid new arrests or violations while your case is pending. Even minor traffic offenses or missed payments on fines can make judges less sympathetic. Staying employed, attending counseling if appropriate, and following all conditions show responsibility and can strengthen your defense.

The Process from Beginning to End

Once the case moves forward, you will have several key stages: arraignment, discovery, motions, possible plea negotiations, trial, and sentencing. During arraignment, the charges are read, and you enter a plea; usually “not guilty” at this stage. Discovery allows both sides to review evidence. Your lawyer may file motions to suppress illegally obtained evidence or to dismiss charges if legal procedures were not followed correctly.

Negotiations sometimes lead to plea agreements, where charges or penalties are reduced in exchange for a guilty plea. These decisions should never be rushed or made without understanding long-term consequences. An experienced defense lawyer can tell you whether a deal is fair or whether trial might be the better path.

If your case goes to trial, the prosecution must prove every element of the charge beyond a reasonable doubt. Your attorney will cross-examine witnesses, challenge evidence, and present your side of the story. If convicted, sentencing follows, and your lawyer can argue for alternatives such as probation, community service, or treatment programs.

If the outcome is unfavorable, you may have options for appeal or post-conviction relief. Missouri law allows certain convictions to be expunged after a waiting period if the person meets eligibility criteria. Your lawyer can explain these possibilities once the case concludes.

Special Note for DWI Arrests

If your arrest involves driving while intoxicated, you face two separate proceedings: the criminal case in court and an administrative license suspension by the Missouri Department of Revenue. You have only fifteen days from the date of arrest or notice to request a hearing to challenge the suspension. Missing that deadline means your license will automatically be suspended. This process moves fast, so you should contact an attorney immediately to preserve your right to drive.

How Scrivner Law Firm Helps From the Start

At Scrivner Law Firm, we act quickly after an arrest. Former prosecutor Dayrell Scrivner uses his knowledge of how the state builds its case to anticipate the prosecution’s next move and protect your rights. We focus on securing your release, reviewing the evidence, and preventing small problems from turning into major ones.

We begin by contacting the jail, confirming your status, and preparing for your initial court appearance. We move to preserve body camera footage, dispatch records, and witness statements before they disappear. Every minute counts in these first days, and early intervention can change the outcome of a case.

Our approach is individualized. No two cases are the same. We look at the facts, the local court’s tendencies, your background, and your goals. Whether the case involves a misdemeanor, felony, or DWI, we create a plan that addresses every issue—from bail to trial strategy.

Why Early Legal Help Matters

Acting fast protects your rights. A timely challenge to an illegal search may suppress crucial evidence. Quick evidence preservation can secure video that supports your account. Early legal representation can influence bond conditions, plea negotiations, and even sentencing options.

Missouri law gives you powerful protections: the right to silence, the right to counsel, and the right to a prompt hearing. Use them. Do not try to talk your way out of a situation or argue your innocence on the spot. Let your lawyer handle it.

Contact Scrivner Law Firm

If you or someone you love has been arrested in Missouri, contact Scrivner Law Firm right away. We defend clients in Taney, Stone, and Christian Counties and throughout Southwest Missouri. With extensive experience as both a prosecutor and defense attorney, Dayrell Scrivner understands how the system works from both sides. Our firm provides strategic, aggressive, and compassionate representation when your freedom and future are at stake.

When you call, we will gather key information, reach out to the jail, and start building your defense immediately. The sooner we are involved, the more options you have. Do not wait another hour; contact Scrivner Law Firm today for experienced legal help when it matters most.