Summons vs. Warrants
In Missouri, when someone is charged with a crime they can be brought before a judge/court one of two ways:
- They can be issued a “summons” to appear; or
- They can be arrested when a court issues a “warrant.”
A summons is always best for someone facing criminal charges. This is because it does not require that person to post a monetary bond.
- Anyone who has gotten a traffic ticket it told to mail in the fine or go to court. Telling you to go to court is the “summons.”
Unfortunately, the choice of a summons or warrant is not made by a defendant. Missouri allows for warrants if the prosecutors believe there “are reasonable grounds to believe:”
- The defendant will not appear upon the summons; or
- The defendant poses a danger to a crime victim, the community, or any other person.
- See Rule 21.03 (for Misdemeanors) and Rule 22.04 (for Felonies)
Given the distinction between misdemeanors and felonies, generally if you are charged with a misdemeanor, you will get a “summons.” But summons can be used for all crimes. And if not part of a traffic ticket, a formal “Summons – Criminal Case” mailed to you (like this example) >
Do not miss out on the “Gift” of a summons
If you are lucky enough to get a summons, is critical that individuals go to court on the court on the date listed (highlighted in yellow above) or hire an attorney who can be there for the defendant.
The consequences of missing a court date can be drastic Specifically, the Court will likely issue a warrant for your arrest. And once you are arrested on a warrant the prosecutor will likely argue that this missed date (on the summons) means you should only be released after posting a bond (e.g., money to ensure you show up at your court dates).
- While this may seem “logical,” there are a few real problems: For example, some defendants are living paycheck to paycheck; so, paying for a bond will mean less money for rent or food; and if they can’t pay the bond, some defendants risk losing their jobs.
A big problem is that a defendant can’t make it to a court date if they never get the Summons! And this happens when the State mails the summons to an address where the person no longer lives >>
When it is returned to the court, a warrant is usually issued with all of the bad impacts — arrest, bond requirement, etc.
Ensure you get the summonS the clerk Mails to you
Because a summons is mailed, the Clerk has to use a mailing address. What one to they use? I’ve reached out to the clerks in the counties of Missouri’s 24th Judicial District and they report using the following sources:
- St. Francois County – DOR/DMV
- Ste. Genevieve County – Department of Revenue (DOR)/Department of Motor Vehicles (DMV)
- Madison County – DOR/DMV
- Washington County – DOR/DMV
This is even the case if when you were tickets or arrested you give law enforcement a current address! As I understand it, thee clerks will mail summons to the address listed on the DOR/DMV system record.
Additionally, how many people live at the same address as listed on their driver’s license? If you don’t, you risk missing a summons, missing a court date, facing the cost of paying a bond, etc.
So, what can you do about this? In fact, the fix is easy>
You can change of address for DOR /DMV records > https://mydmv.mo.gov/changeofaddress/home/driverlicense
