Welcome back to “Opening Statement,” a monthly check-in from the Prosecuting Attorney’s Office about issues important to our community’s safety, well-being and future. 

We see thousands of cases each year, from traffic tickets and conservation violations to major crimes like stealing, drugs, robbery, rape and murder. Each of those cases begins with a police report – officers from our county’s agencies take a report, and if they believe a crime has been committed, our office becomes involved. Sometimes, we assist in helping officers seize and search for evidence (through search warrants) and our office is available 24/7 to Audrain County law enforcement.

After our office files charges, the criminal case begins. Defendants may be released with a court date, or held in custody of the Sheriff’s Office at the Audrain County Jail. When released with a court date, the ticket (technically a summons) tells the individual they have certain requirements: to show up in court to answer the charges at a certain date and time. Their signature on that document is a legally binding promise to appear at that date and time to answer for the crime in court. Failure to appear for that court date, after promising to appear on their summons, can result in a warrant issued for the arrest of the person. Failure to appear for a court date can also be a separate crime.

When someone is arrested on their crime and held in custody, the state (my office) has 24 hours from the moment of arrest to issue charges through filing documents with the court – then the court decides to hold the person in custody, or release them on conditions. Under Missouri court rules, the court must only hold someone in custody if they are a danger to the victim, other persons, or the community. The court has a list of factors it must consider – access to financial resources, any ongoing treatment for mental health or substance abuse issues, a stable living arrangement, and the risk of fleeing from prosecution as well.

Individuals held in custody of the jail after initial charging must be brought before the court within 48 hours of their time of charging, which does not include weekends or holidays. In our county, these dockets occur on Tuesday or Thursday mornings, when persons in custody on these charges have bond hearings where the state and the defendant can present evidence about whether they should be released or remain in custody. Then, after this initial 48-hour hearing, another hearing is held after seven days to determine whether the person should be released or remain in custody.

In other cases, such as police investigations without an arrest, or longer-term investigations from other agencies, my office asks the court to issue a summons, which is a court order to appear to answer the charges. In these cases, the court orders the Sheriff’s Office to find and give the defendant, or one of his or her household members, a copy of the court’s order to appear. The court can also issue arrest warrants, which is a command from the court to place someone in custody until they can answer the charges in court. Arrest warrants must be served by law enforcement officers, and an arrest warrant can have limits - but generally, arrest warrants issued in our court are valid and enforceable throughout Missouri and the United States.

These initial hearings, if someone is held in custody, require the state to put on evidence or show that the defendant is a danger to other persons, the victims, or the community. This can occur through the state’s reciting the facts of what happened to support the charges, noting the defendant’s prior criminal history, failure to appear in court history, dangerous statements or actions that threaten a person, persons or the community involved with the case, and other evidence showing a heightened danger. The defendant may produce evidence and make arguments if he or she chooses to do so, but most don’t.

The initial hearing involves the judge making a decision on the conditions of release, or if conditional release is not appropriate. The second condition of release hearing is held seven days later, where the state again articulates its position on bond, and the defendant can make arguments about how the situation may have changed. The judge's decision at the seven day hearing is not final, but the defense may ask the judge to consider the issue of bond at any time.

Monetary bonds, or cash or surety bonds, can still be considered by the judge if there are reasons to believe a defendant may not appear in court. For example, the court may want an individual who has failed to appear in court repeatedly to make a promise, or give a bond, to ensure their appearance and that the defendant will comply with the release conditions. The court can order any amount as a bond, which must be posted with the court. This bond can be posted as cash, or through a professional surety (bondsman) who takes responsibility for ensuring the defendant appears in court and complies with the court’s orders. Conditions of release, once ordered by the court, remain in the case until changed by another court order or the case ends.

Bond conditions, and keeping dangerous defendants in custody, are two of the ways our office helps the court keep our community safe after crimes are committed. Although the court has the final orders, our office is careful to suggest the court use specific conditions, orders and bonds to ensure the cases are resolved and any future harm to victims, the public, law enforcement, or the community is reduced. Each case is subject to an individualized decision based on the nature of the crime, the victims, the defendant’s personal and criminal history, and any expressed thoughts of law enforcement or victims.

Our office is fortunate and grateful for the opportunity to serve Audrain County with the trust you place in me and my office. With an efficient and focused criminal justice system, we do our best to keep Audrain County a safe and productive place to live, raise a family, work and thrive. Our office depends on citizens like you to keep everyone safe – if you are a victim of a crime, report it … and if you witness a crime, tell someone. It’s our own way of watching out for each other, treating each other fairly and protecting citizens’ interest in a town and community that works for everyone.