Legal Question in Criminal Law in Missouri

What does it mean, in layman terms, bound over for arraignment after waiving preliminary hearing?

Asked on 7/08/10, 8:26 am

2 Answers from Attorneys

Anthony Smith LawSmith
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A preliminary hearing is a holdover from English law where the Prosecutor states to the court the revidence they intend to show to the court, as to why the person has been accused of the particular crime. The arraignment is where the court formally states to the defendnat what he is being charged with, and the defendnat enters his plea (i.e. guilty, not guilty, etc.) "Bound over" menas the court will hold the defendant either in person or through a bond, to later be brought before the court for their arraingment.

This process can be confusing even to attorneys. Hopefully, it is a littel clearer for you now.

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Answered on 7/08/10, 6:21 pm
Michael R. Nack Michael R. Nack, Attorney at Law
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I do not agree with the prior answer, and certain things stated in that answer are not entirely accurate. However, to answer your question, the language you ask about simply means that the case will go on and that a court date will be set for the person charged with committing a crime to be formally charged with that crime.Historically, many people were illiterate so the law provided for the reading of the charges by the judge in open court with the defendant present. In current times, we most often waive the reading of the charges by the Judge and obtain a copy of the doucument containing the charges. Nothing bad can happen to you at an arraignment.

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Answered on 7/11/10, 10:16 am

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