Prosecution Overview

Resources

• Felony Cases (PDF)
• Misdemeanor Cases (PDF)

Beginning Stages

At the beginning of a criminal case, prosecutors work with police officers to seek arrest warrants and search warrants from judges who review the criminal investigation to ensure there is probable cause for the search or the arrest. Under the Constitutions of the United States and the State of Missouri, a citizen charged with a crime has the right to be represented by an attorney, to be tried by a jury, to question and examine the evidence against him and to remain silent during police questioning and the trial.

Prior to proceeding to trial, a judge or a grand jury must review the case to ensure that the evidence supports probable cause to believe the accused committed the crime charged. At a jury trial, the Prosecuting Attorney's Office must prove the accused's guilt beyond a reasonable doubt. Upon conviction a criminal may be sentenced to a fine, to probation, to incarceration or to some combination of those options.

Careful Discretion

Prosecuting attorneys exercise careful discretion in determining whether to charge someone with a criminal offense. Even if a crime can be proven, prosecutors may decide not to pursue criminal charges if the facts do not merit criminal prosecution or if there is a viable alternative to prosecution.

Upon the charging of a crime, the prosecutor will provide all of his evidence to the attorney for the accused so that he may understand the case against him and prepare any defense. The accused may then opt to plead guilty or to proceed to trial. Should the accused decide to plead guilty, his attorney and the prosecutor will negotiate a sentence or defer that decision to a judge.

Victim Rights

Though prosecutors do not have an attorney-client relationship with victims or witnesses, prosecutors certainly seek to make the criminal justice system as painless as possible for those who have been affected by crime. The Constitution of the State of Missouri provides crime victims with rights to restitution of certain costs of crime, and to be notified about and allowed to participate in many criminal proceedings.

Accomplishing justice and restoring a sense of security for crime victims is a top priority of the St. Charles County Prosecuting Attorney's Office. The professionals who work in the Prosecuting Attorney's Office are servants of the public and are committed to maintaining safety and security in our community.

Our Goals

• To strive for just disposition of criminal cases and to promote public safety and order through timely, efficient, and effective prosecution.
• To ensure that victims and witnesses of crimes are treated with respect, courtesy, and sensitivity throughout the criminal justice process.
• To improve the criminal justice system by identifying areas of need and working collaboratively with other criminal justice agencies and the community to improve and progress.
• To encourage and promote crime prevention and early intervention initiatives to stop crime before prosecution is necessary.
• To identify, promote and implement new and innovative approaches to solving crime and protecting our community.