Understanding the Arrest Process in Missouri

Facing an arrest in Missouri can be an overwhelming and confusing experience. Whether it’s your first encounter with the legal system or you’ve faced charges before, understanding how the arrest process works is crucial to protecting your rights and preparing your defense. At Scrivner Law Firm, we believe that knowledge is power. Led by former prosecutor Dayrell Scrivner, our team is committed to offering clear, compassionate, and strategic legal support to clients throughout Taney, Stone, and Christian Counties.

Here’s a detailed guide to what you can expect if you or a loved one is arrested in Missouri—and how Scrivner Law Firm can help at every step.

1. What Happens During an Arrest?

An arrest in Missouri typically occurs when law enforcement believes there is probable cause that a person has committed a crime. Probable cause means there is a reasonable basis for believing a crime has occurred.

An arrest may happen in different ways:

• On-the-Spot Arrest: If an officer witnesses a crime, they can arrest you immediately.
  
• Arrest Warrant: If law enforcement gathers evidence and presents it to a judge, a warrant may be issued for your arrest.
  
• Grand Jury Indictment: In more serious cases, a grand jury may indict a person, leading to an arrest.

During the arrest, officers will generally:

• Identify themselves as law enforcement.
  
• Inform you that you are under arrest.
  
• Inform you of your Miranda rights (“You have the right to remain silent…”).
  
• Place you in handcuffs and transport you to a detention facility.

Important: You are not required to answer questions without an attorney present. Politely asserting your right to remain silent is one of the most important things you can do to protect yourself.

2. Booking and Processing

After being taken into custody, you will go through the booking process at the police station or county jail. Booking involves:

• Recording personal information (name, date of birth, address)
  
• Fingerprinting
  
• Photographing (mugshot)
  
• Conducting a background check
  
• Inventorying personal property

Depending on the nature of the alleged offense, you may be required to undergo a health screening or submit to chemical testing (especially in DUI or drug cases).

Following booking, one of three things will usually happen:

• You may be released with a citation to appear.
  
• You may be allowed to post bail.
  
• You may be held for an initial bond hearing.

3. Initial Appearance and Bond Hearing

In Missouri, if you are not released immediately, you must be brought before a judge “without unnecessary delay,” usually within 48 hours.

At your initial appearance, the judge will:

• Inform you of the charges.
  
• Advise you of your rights (including the right to an attorney).
  
• Set bail conditions or deny bail in certain serious cases.

Bail is money or property pledged to secure your release, with the understanding that you must return for court appearances. Missouri courts consider several factors when setting bail:

• Nature and seriousness of the alleged crime
  
• Prior criminal history
  
• Ties to the community
  
• Risk of flight
  
• Public safety concerns

At Scrivner Law Firm, we can help advocate for reasonable bail terms or argue for your release on your own recognizance.

4. Filing of Formal Charges

After your arrest, the prosecuting attorney reviews the evidence and decides whether to file formal charges. In some cases:

• Charges are filed immediately.
  
• Charges are upgraded or modified after further investigation.
  
• The prosecutor may decline to file charges due to insufficient evidence.

Because Dayrell Scrivner served as a prosecutor for 20 years, he knows how the State evaluates cases. His insight allows us to act quickly—challenging weak evidence and, where possible, advocating for charges to be reduced or dismissed before formal court proceedings begin.

5. Preliminary Hearing or Grand Jury (For Felonies)

If you are charged with a felony, Missouri law provides for a preliminary hearing unless a grand jury has already issued an indictment.

At the preliminary hearing:

• The prosecutor must show there is probable cause to believe you committed the crime.
  
• Your defense attorney can cross-examine witnesses and challenge evidence.
  
• If probable cause is found, your case proceeds to trial court.
  
• If not, the judge can dismiss the charges.

Dayrell Scrivner’s prosecutorial experience allows him to anticipate the State’s strategy and aggressively attack weaknesses during preliminary hearings, often resulting in a dismissal or favorable plea negotiations.

6. Arraignment

At your arraignment, you will formally hear the charges against you and enter a plea:

• Guilty
  
• Not guilty
  
• No contest (nolo contendere)

If you plead not guilty, the court will set dates for pre-trial motions, hearings, and trial.

At Scrivner Law Firm, we prepare thoroughly before arraignment, ensuring that you understand your options and have a clear defense strategy moving forward.

7. Pre-Trial Proceedings

After arraignment, your case enters the pre-trial phase. This stage includes:

• Filing motions to suppress illegally obtained evidence
  
• Requesting discovery (evidence the prosecution intends to use)
  
• Negotiating plea bargains
  
• Preparing for trial

Mr. Scrivner’s ability to read the prosecution’s hand—honed during years as a county prosecutor—gives our clients a tremendous advantage during pre-trial negotiations. His goal is always to position your case for the best possible outcome: dismissal, reduced charges, or a strong defense at trial.

8. Trial

If your case goes to trial, it may be heard by a judge or a jury, depending on the circumstances and your choice.

At trial:

• The prosecution presents its case.
  
• The defense cross-examines witnesses and presents its evidence.
  
• The judge or jury evaluates whether the prosecution has proved guilt “beyond a reasonable doubt.”

Scrivner Law Firm builds meticulous trial defenses, crafting compelling narratives supported by evidence, expert testimony, and strategic questioning of prosecution witnesses.

9. Sentencing (If Convicted)

If you are found guilty or plead guilty, the next step is sentencing. Missouri judges have discretion within statutory guidelines and consider:

• The seriousness of the crime
  
• Victim impact statements
  
• Your criminal record
  
• Mitigating factors (such as your background or remorse)

Sentences can include:

• Fines
  
• Probation
  
• Community service
  
• Jail or prison time

Having an experienced advocate like Dayrell Scrivner is essential at sentencing to present favorable arguments and seek alternatives to incarceration wherever possible.

Protecting Your Rights from the Very First Moment

Every moment after an arrest is critical. The sooner you involve an experienced criminal defense lawyer, the better your chances of protecting your rights, your freedom, and your future.

At Scrivner Law Firm, we bring unmatched insight into the prosecution’s playbook, personalized client service, and relentless dedication to every case. From the moment you call us, we focus on building your strongest defense.

Remember:

• You have the right to remain silent.
  
• You have the right to an attorney.
  
• You are presumed innocent unless proven guilty.

Scrivner Law Firm is proud to defend individuals throughout Taney County, Stone County, and Christian County. Led by Dayrell Scrivner, our team is ready to stand between you and the power of the State—fighting for your freedom, your reputation, and your future.

Contact Scrivner Law Firm Today

If you or a loved one has been arrested in Missouri, don’t wait. Every decision you make now could impact your case. Call Scrivner Law Firm at (417) 699-0074 or contact us online for a confidential consultation.