Every day, people in Audrain County are victims of crimes. Sometimes it’s a nuisance; sometimes it’s traumatic and life-changing. Either way, from that moment forward, you can find yourself …
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Every day, people in Audrain County are victims of crimes. Sometimes it’s a nuisance; sometimes it’s traumatic and life-changing. Either way, from that moment forward, you can find yourself pulled into a justice system that feels confusing, frustrating and hard to follow. It doesn’t have to end that way. In this column, I want to walk you through what happens after a crime is reported — and what you can expect if you are a victim or a witness in a case.
Your first step: Report it
If you are a victim of a crime, or you see a crime happen, the best thing you can do is contact law enforcement. The agencies in Audrain County serve and protect our citizens, and that starts with the very first call. In an emergency, always call 9-1-1. The telecommunicators will send the appropriate help to you, and stay on the line with you until help arrives. For non-emergency calls, use 573-473-5800 and you will be connected to the right agency promptly.
From there, the criminal justice system depends on people truthfully telling what happened — what they saw, heard, experienced and how it affected them. Nearly every case, from a traffic ticket to a serious felony like assault, sexual assault or murder, requires witnesses to come to court and explain what they know or experienced. A lot of early information comes from the officer’s report, along with photographs, audio or video, and physical items that may be collected and kept as evidence.
Officers will often ask for an interview or a written statement so they can understand what happened, where and when it happened, who was involved, and what steps are needed to keep people safe.
Please give complete contact information. The officer will need your full name, address, phone number, an email address and any other identifying information. That helps make sure my office, and the Victim Advocate, can reach you later. Not every detail shared during an investigation can automatically be used in court, because Missouri law sets rules about what evidence a judge or jury may consider. In most cases, the core evidence still comes from witnesses telling what they saw, heard, and experienced.
After a case is filed, our office works to make contact with victims through phone calls and letters and, when we have it, by email or text. If you are a victim in a case, you may be asked to testify in court. Often that testimony is heard by a judge, but some cases are tried in front of a jury. If that happens, we will do our best to explain the process ahead of time so you are not walking in unprepared.
Once a case is filed, it will be set on a court date on a “docket,” the list of cases the Judge will consider that day. In Audrain County, these status dockets are routinely held Tuesday and Thursday mornings. Defendants are told the charges, and they are given time to hire an attorney or consider their options. Felony cases are typically set for a preliminary hearing, while misdemeanor cases may be set for trial on a later date. We keep victims informed about court dates and what happened at those settings. Victims are welcome to attend, but many status settings take less than two minutes per case, and can be rescheduled frequently.
At a felony preliminary hearing, the state must show the judge that it is more likely than not that the defendant committed the crime charged. It is a lower burden than a trial, but it still often requires live testimony from victims, witnesses, and law enforcement. With enough evidence to move forward, the defendant answers the felony charges and pleads “guilty” or “not guilty” in Circuit Court.
A plea of guilty in a case is often done in exchange for an agreed-upon recommendation for sentencing and other consequences. Victims’ and families’ wishes are considered and taken seriously during negotiations. That said, as prosecutors we must also weigh the available evidence, the safety of the community and what the law allows. If an agreement is reached, the Judge still makes the final decision at sentencing. Probation is a common result, but jail or prison can also be outcomes, depending on the facts and the law.
A trial by judge or jury is a longer, formal process. There, the state must prove guilt beyond a reasonable doubt. Witnesses testify, evidence is presented, and the judge or jury reaches a verdict. The impact on victims can continue beyond sentencing, so our office works to keep communicating through appeals and post-conviction proceedings when they apply. When restitution is ordered, we work to ensure payments are processed promptly as they come in.
Our Victim Advocate, Kara Winterbower, is often your main point of contact. Kara is funded by county funds and works for our office to explain the process, communicate updates, and educate victims of crime about what to expect. This is in all kinds of cases — from property damage, burglary and stealing to physical assault, financial crimes and sexual assault.
She is a lifelong Mexico resident, and she’s a great resource for families who just need someone to help them make sense of the next step. She’s also comfortable with new technology, including texting, which can make it easier to stay in touch and get answers more quickly. We also schedule meetings with victims to discuss the charges filed and what to expect. Often, an attorney, an investigator, and our victim advocate will be present so you can ask questions and get straightforward answers. Those meetings can be in person, by phone, or by video — whatever works best for you and your schedule. We have also recently renovated our Victim Services spaces to better accommodate child victims and to create a more welcoming place for witnesses. Whether you are coming to testify, meeting with our attorneys and staff, or appearing as a law enforcement witness, we want you to feel respected, informed, and as comfortable as a courthouse setting can be.
One important note: We don’t promise results or particular verdicts. That is something only a judge or jury can decide. We do, however, promise to do our best to ensure you are heard, respected, believed and informed. We will be prepared, focused, and put the best case forward we are able to with admissible evidence, including available witness testimony. Our community’s justice system relies on citizens to protect, defend and hold each other accountable. We are proud to serve you all.