Prosecuting Attorney
How the Criminal Justice System Works
The criminal justice system requires that multiple agencies work together to ensure justice is served fairly. From crime reporting through final resolution, each agency plays a vital role.
Law enforcement agencies investigate crimes, make arrests, and submit evidence to our office for independent review. Our attorneys examine the evidence through the lens of the law to determine what charges, if any, should be filed. If charges are filed, then the Prosecuting Attorneys prosecute the charges through the court system. This can include a multi-tiered process of filings, meetings, motions, hearings and trials, and, at times, appeal.
Reporting a Crime
Report any criminal act to the local law enforcement agency with jurisdiction. If the crime occurred in a different location, the law enforcement agency may direct you to contact the law enforcement agency that covers the jurisdiction where the crime occurred. Our office works with law enforcement agencies to prosecute offenders, but law enforcement agencies primarily investigate crimes. In emergencies, call 911.
How the Courts Work
Criminal cases in Camden County are handled in two primary courts. All cases begin in Associate Circuit Court. Associate Circuit Court handles all aspects of the misdemeanor offenses, from arraignment to disposition. In our county, felony cases require a preliminary hearing in the Associate Court. If there is evidence that a felony has been committed and that the defendant committed it, the case is bound over and transferred to the Circuit Court for further proceedings.
Judges serve as neutral decision-makers, ensuring proceedings follow the law and protecting everyone's constitutional rights. Judges make sentencing decisions, balancing the recommendations of prosecutors, defense attorneys and the sentencing laws in Missouri. Our prosecutors work with the courts while maintaining our independent role as advocates for justice.
Arraignment Hearing
An arraignment is a public hearing where a defendant is formally notified of charges. The defendant typically enters a not guilty plea, and the case is then set for disposition or trial. After arraignment, a defendant has ten days to file a motion for a change of venue and/or a change of judge. These motions are automatically sustained if timely filed. The prosecutor can request a change of judge, but can not request a change of venue. If a case is moved to another county due to a change of venue, the Camden County Prosecutor remains with the case, but appears in the different county to prosecute the matter.
Bond and Bail
After arrest, defendants may be eligible for release while their case is pending through bond or bail. Camden County utilizes bond supervision and many defendants on bond are supervised by private companies at the defendant’s expense. The judge assigns one of several independent probation services to supervise bond.
The court considers the severity of charges, criminal history, community ties, flight risk, and public safety when setting bond. Options include cash bonds, surety bonds through bail bondsmen, or release on own recognizance. In some circumstances, the Courts find that no bond conditions can protect the safety of the crime victim or the community and hold defendants without bond.
Bond conditions often include no contact with victims, travel restrictions, drug testing, or GPS monitoring. Our office makes bond recommendations and files bond violation motions when appropriate. Victims with concerns about a defendant's release should contact our Victim Services Unit.
Preliminary Hearing
A preliminary hearing is an early court proceeding where a judge decides whether there is enough evidence to allow a felony criminal case to move forward. The prosecutor presents evidence and calls witnesses; the defense can cross-examine and challenge the evidence. At this stage, the prosecutor does not have to prove the defendant is guilty beyond a reasonable doubt. Instead, a preliminary hearing determines whether there's probable cause to believe a crime was committed and the defendant committed it.
If the judge finds probable cause, the case is bound over to circuit court. If not, charges may be dismissed. The burden of proof at this point is a “more likely than not” level standard, very different than proof beyond a reasonable doubt standard that is required at trial. Despite the lower burden at the preliminary hearing stage, Camden County Prosecutor’s apply the beyond a reasonable doubt standard when making charging decisions. This helps guarantee that only cases that can be proven beyond a reasonable doubt get filed in Camden County.
Some counties enjoy the use of grand juries instead of preliminary hearings. Camden County, unfortunately, does not have this tool available. As a result, all felony cases go through a contested preliminary hearing, if not waived by the defendant, in order for the case to proceed to the Circuit level where a felony case may be pled or tried.
Criminal Trials
At trial, both sides may present evidence and witnesses before a judge or jury. The prosecutor must prove guilt beyond a reasonable doubt—the highest standard in our legal system.
Each side makes opening statements, defense attorneys may present witnesses and evidence, cross-examine, and make closing arguments. After deliberation, a verdict is reached. If found not guilty, the defendant is acquitted. If guilty, the case moves to sentencing. If there is a hung jury, the case is reset for trial.
Our experienced trial attorneys prepare thoroughly and work diligently to present evidence clearly and effectively. Collectively, the prosecutor’s in Camden County have tried dozens of jury trials and have more than 150 years of legal experience.
Plea Agreements
Our office manages thousands of cases each year, and while it might seem ideal for every case to go to trial, this approach would demand immense time, resources, and taxpayer money. Many defendants choose to plead guilty and accept responsibility, which often allows the justice system to work more efficiently and effectively. Plea agreements help resolve cases faster, reduce court backlogs, and focus attention on more complex trials, ensuring that justice is served without unnecessary delays or costs.
Sentencing Recommendations
We make sentencing recommendations in most cases, whether after trial or guilty plea. Key factors include victim input, the defendant's prior history, the nature of the crime, public safety, rehabilitation potential, and deterrence. Ultimately, Judges issue sentences and, in most circumstances, sentences agreed to by the parties are imposed. However, judges are not necessarily bound to such agreements.