Legal Question in Criminal Law in Missouri

State prosecutor fails to appear.

Recently I had a preliminary hearing with my public defender and the Missouri State prosecutor failed to appear,nor any witnesses. The judge asked every one if any notice was given, phone call,etc. No one heard anything and then said that he would have to dismiss the charges but advised me us that the state could re-file. My attorney had many other cases and could not explain at the time, but is this true? If it were me failing to appear I would be arrested. What are the chances that the state will re-file?


Asked on 1/24/07, 1:17 pm

1 Answer from Attorneys
Penny Umstattd-Cope The Umstattd-Cope Law Firm, LLC

Re: State prosecutor fails to appear.

The Judge was required to dismiss the charges but the state does have the right to refile the charges. The dismissal is without prejudice under these circumstances. Without prejudice means the other side has the right to refile. Without knowing the specifics of your charge, I cannot state what the liklihood is that the state will refile. Generally, some prosecutors will not refile if it is a non-victim crime but if there is a victim other than the state, it will probably be refiled. I'm sorry I can't be more specific but I don't have enough facts.

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Answered on 1/24/07, 1:52 pm


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