Mo. R. Crim. P. 33.08

As amended through November 19, 2024
Rule 33.08 - Misdemeanors or Felonies - Rearrest of Defendant

The court may order a warrant for the arrest of a defendant who has been released pursuant to Rule 33.01 if it shall appear to the court that:

(a) There has been a breach of any condition of release, including but not limited to failure to appear for a court ordered court appearance; or
(b) The conditions of release should be modified or new or additional conditions imposed.

A defendant arrested and confined on a warrant under this Rule shall be entitled to a hearing forthwith, as set forth below, concerning the reasons for the issuance of the warrant.

A defendant who has not previously had an initial appearance under Rule 21.10 or Rule 22.08 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued, as provided by Rule 21.09 or Rule 22.07. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.

A defendant who has previously had an initial appearance under Rule 21.10 or Rule 22.08 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued. The court may conduct the hearing by interactive video technology unless the hearing will involve the crossexamination of witnesses, in which case the defendant must waive his or her right to be physically present and have the court's approval before the hearing can be conducted by interactive video technology. This appearance shall be held no later than seven days, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.

Mo. R. Crim. P. 33.08

Adopted June 13, 1979, eff. 1/1/1980; amended December 18, 2018, eff. 7/1/2019; amended June 30, 2019, eff. 1/1/2020; amended September 9, 2019, eff. 1/1/2020; amended October 26, 2021, eff. 7/1/2022.

Committee Note - 1980

Compare: Prior Rule 32.06.