Rule 37.47 - Initial Proceedings Before a Judge(a) Initial Appearance Under Warrant Before Judge. A defendant arrested and confined under the initial warrant for any ordinance violation issued pursuant to Rule 37.43 shall be brought forthwith for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued. 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. The warrant, with proper return thereon, shall be filed with the court forthwith.
(b) Statement of Judge. Upon the defendant's initial appearance, the judge shall inform the defendant of: (1) The ordinance violation charged,(2) The right to retain counsel,(3) The right to request the appointment of counsel if:(A) The defendant is indigent and unable to employ counsel, and(B) There is a possibility of a jail sentence, and(4) The right to remain silent. The judge shall also inform the defendant that any statement made by the defendant may be used against the defendant.
(c) If the defendant is appearing after release from custody on a warrant, the court shall inform the defendant of the conditions of release and that a warrant may be issued immediately upon any violation of a condition of release. The court shall also advise the defendant of the right to apply for a modification of any conditions of release at a hearing pursuant to Rule 37.19.(d) If the defendant is in custody after arrest on a warrant, the court shall inform the defendant of the conditions of release, if any, and determine whether the defendant can meet the conditions. If a defendant is unable to meet the conditions, then the court may modify the conditions of release if the court determines the circumstances of the defendant and the case require modification of the conditions. The court shall inform the defendant that a warrant for arrest may be issued immediately upon any violation of a condition of release. If the defendant is not released from custody following the initial appearance, the court shall advise the defendant of the right to a release hearing pursuant to Rule 37.20.(e) If the defendant has appeared on a summons and the offense is required to be given an offense cycle number, the court shall ensure the defendant has been fingerprinted and processed by the appropriate law enforcement agency for the purposes of creating an offense cycle number.Mo. R. Ord. Viol. & Viol. Burea. 37.47
Adopted May 14, 1985, eff. 1/1/1986. Amended December 23, 2003, eff. 7/1/2004; amended June 28, 2019, eff. 1/1/2020.