How a criminal case actually moves.
Most defendants have never been through this before, and the criminal-court system isn't built to explain itself. Here's the realistic walkthrough.
Criminal cases follow a predictable structure even when the facts feel unprecedented. Knowing the stages keeps you from being blindsided by the things that always happen.
What follows is the standard sequence for misdemeanor and felony cases in Missouri and Illinois. DWI / DUI cases have an extra administrative track running parallel. See the DWI guide for that.
The stages
From first call to final outcome.
- 01
Arrest or summons
Day 1
Either you're taken into custody (booking, mugshot, fingerprints, eventual release on bond) or you receive a summons in the mail telling you when to appear. Either way, this is the first formal moment of the case.
What we're doing
If you've been arrested, we get involved immediately, often before charges are filed. We can sometimes prevent charges from being filed at all by intervening early.
What you're doing
Don't talk to police without an attorney. Don't try to clear it up yourself. Get an attorney engaged before the first court date.
Decision points
- · Whether to give a statement (almost always: no, not without counsel)
- · Whether you have a CDL, professional license, or immigration status that requires immediate planning
- 02
Initial appearance / arraignment
Within days to weeks of arrest
You appear in court. The judge formally notifies you of the charges, sets bond conditions if any, and you (through counsel) enter a plea. Typically not guilty. The case is set for the next hearing.
What we're doing
Appear with you. Get the bond conditions modified if they're unfair. Enter the not-guilty plea. Request discovery from the prosecutor.
What you're doing
Show up on time. Dress respectfully. Let your attorney do the talking. Don't waive any rights without consulting.
Decision points
- · Plea: not guilty (almost always at this stage), guilty, or no contest
- · Bond conditions: travel restrictions, no-contact orders, drug testing
- 03
Discovery
30-90 days
The prosecutor turns over what they have: police reports, dashcam, bodycam, witness statements, lab results, prior complaints. We review everything. This is where many cases start to come apart for the state.
What we're doing
Push hard for complete discovery. Subpoena what the state hasn't disclosed. Identify Brady material (anything favorable to you). Begin building motions to suppress.
What you're doing
Tell us everything that might come up. Even things that look bad. Surprises in discovery are how cases get lost.
Decision points
- · Whether to file a motion to suppress (illegal stop, illegal search, Miranda violations)
- · Whether to retain experts (breath-machine technician, forensic toxicologist, accident reconstructionist)
- 04
Pretrial motions
60-180 days
We file motions. Motion to suppress evidence. Motion to dismiss. Motion in limine to exclude prior bad acts. Hearings on these motions can take a day or more. A favorable ruling on suppression is sometimes the entire case. Once the state's evidence is excluded, the prosecution often dismisses.
What we're doing
Brief the motions, prepare witnesses for the suppression hearing, and argue the law to the judge.
What you're doing
Attend the hearings if your testimony is needed. Prep with us beforehand.
Decision points
- · Outcome of suppression: case continues with reduced evidence, or state dismisses
- · Whether to push for a quick trial or extend the timeline for negotiations
- 05
Plea negotiations
Throughout the case, intensifies near trial
Most criminal cases resolve by plea. The prosecutor offers a deal; we negotiate; we present it to you with our honest read. The decision to accept or reject any plea is yours alone. We give you the analysis, the realistic alternatives, and let you choose.
What we're doing
Negotiate from the strongest possible position. Get diversion programs, reductions, or dismissals where the facts support them.
What you're doing
Decide whether any plea offer is acceptable to you. Ask questions. Take time to think it over.
Decision points
- · Plea vs. trial
- · Diversion programs (SIS in Missouri, Court Supervision in Illinois)
- · Reduction to a lesser charge (e.g., DWI to careless driving)
- 06
Trial
Date set 6-18 months from filing
If no plea is acceptable, we go to trial. Jury selection, opening statements, prosecution case, defense case, closing arguments, jury instructions, verdict. We try cases. We don't outsource them.
What we're doing
Lead voir dire, cross-examine the state's witnesses, present the defense case, deliver closing argument.
What you're doing
Show up every day, ready. Decide whether to testify (your right; not a requirement; we discuss carefully).
Decision points
- · Whether to testify
- · Bench trial (judge alone) vs. jury trial
- 07
Sentencing or disposition
Same day as plea, or weeks after verdict
If you plead or are convicted, sentencing follows. Mitigation matters: your background, treatment, employment, character witnesses. Sentencing is a separate fight from the trial. We don't treat it as an afterthought.
What we're doing
Prepare a sentencing memo, line up character witnesses, present mitigation, push for the lowest available sentence.
What you're doing
Be honest with us about your background. Help us assemble character letters and mitigation evidence.
Decision points
- · Probation vs. incarceration
- · Treatment programs as part of sentence
- · Conditions of supervision
How long the whole thing takes
Realistic timelines.
Every case is its own thing, but most fall into one of these brackets. We tell you which one yours looks like during the consultation.
Misdemeanor, plea
3-6 months
Traffic, simple possession, low-level cases that resolve by plea or diversion. Most never see a jury.
Felony, plea
6-12 months
Felony cases that resolve by plea negotiation. Discovery and motion practice typically take longer than misdemeanors.
Trial
12-24 months from filing
Cases that go to a jury. Continuances, motion hearings, and the trial calendar push timelines further out.
FAQ
Common questions about the process.
Will I go to jail?
How often will I have to be in court?
Can I avoid having a conviction on my record?
What if the case goes to trial and I win?
Your free case review
starts with one call.
Tell us what happened. We'll tell you whether you have a case, what it's worth, and what happens next. No pressure, no obligation, no sales pitch.
Available 24/7 for emergencies · Licensed in Missouri and Illinois