Mo. Rev. Stat. » Chapter 544
Missouri Revised Statutes

Mo. Rev. Stat. § 544.250 (2026)

Preliminary hearing, when required

✓ current as of May 2026
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  544.250.  Preliminary hearing, when required — release, when, what conditions. — No prosecuting or circuit attorney in this state shall file any information charging any person or persons with any felony, until such person or persons shall first have been accorded the right of a preliminary examination before some associate circuit judge in the county where the offense is alleged to have been committed in accordance with this chapter.  And if upon such hearing the associate circuit judge shall determine that the alleged offense is one on which the accused may be released, the associate circuit judge may release him as provided in section 544.455 conditioned for his appearance at a time certain before a circuit judge, or associate circuit judge who is specially assigned, and thereafter as directed by the court to answer such charges as may be preferred against him, abide sentence and judgment therein, and not to depart the court without leave; provided, a preliminary examination shall in no case be required where same is waived by the person charged with the crime, or in any case where an information has been substituted for an indictment as authorized by section 545.300.

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(RSMo 1939 § 3893, A.L. 1972 H.B. 1160, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 3503; 1919 § 3848; 1909 § 5056

Effective 1-02-79

(1955) Where instrument meeting requirements of information in felony case was filed in magistrate court, it would likely be sufficient as complaint, but, in absence of the filing of an information in circuit court after accused waived preliminary hearing, circuit court had no jurisdiction. State v. McQueen (Mo.), 282 S.W.2d 539.

(1960) Although evidence at preliminary hearing may have been scanty it was sufficient and in any event objections based on such insufficiency would not deprive circuit court of jurisdiction of the principal cause and its trial. State v. Hester (Mo.), 331 S.W.2d 535.

(1971) Prosecutor has no authority to file an information charging a felony until a magistrate has found that a felony was committed and there was probable cause to believe the prisoner guilty thereof, and, where information substantially varied from complaint, prohibition would lie to prevent prosecution in Circuit Court. State ex rel. Buresh v. Adams (Mo.), 468 S.W.2d 18.

(1977) Where complaint charged first degree murder by strangulation, and information charged second degree murder by strangulation and skull fracture, there was not a substantial departure from the complaint. State v. Clark (A.), 546 S.W.2d 455.

Notes of Decisions
Cited in 42 cases (3 in the last 5 years), 1955–2024 · leading case: State v. Aaron, 218 S.W.3d 501 (Mo. Ct. App. 2007).
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State v. Aaron, 218 S.W.3d 501 (Mo. Ct. App. 2007). · cites it 9× “09; accord section 544.250, RSMo (granting right to preliminary examination).”
State v. Wood, 596 S.W.2d 394 (Mo. 1980). · cites it 3× “Section 544.250, RSMo requires a preliminary examination before a magistrate as a prerequisite to the filing of an information charging a felony.”
State Ex Rel. Turner v. Kinder, 740 S.W.2d 654 (Mo. 1987). · cites it 16× “" Section 544.250, RSMo 1986, provides that no information shall be filed charging a person with a felony without first according such person "the right of a preliminary examination before some associate circuit judge in the county where the offense is alleged to have been…”
State v. Ajak, 543 S.W.3d 43 (Mo. 2018). · cites it 2× “260, RSMo 2000 (arrest of person, where tried); § 544.250, RSMo 2000 (preliminary hearing, when required-release, when, what conditions).”
Guinan v. State, 769 S.W.2d 427 (Mo. 1989). · cites it 5× “Section 544.250, RSMo 1986, prohibited an information from being filed charging a person with a felony unless the person received a preliminary examination “before some associate circuit judge”.”
State v. Kenney, 973 S.W.2d 536 (Mo. Ct. App. 1998). · cites it 4× “” She contends, therefore, that she was deprived of a preliminary hearing on the charges in the information in violation of section 544.250. Section 544.250 provides that “[n]o prosecuting or circuit attorney in this state shall file any information charging any person or…”
State v. Mattic, 84 S.W.3d 161 (Mo. Ct. App. 2002). · cites it 2× “Section 544.250 prevents a prosecutor from filing any information charging anyone until the person is first “accorded the right to a preliminary hearing.”
State v. Menteer, 845 S.W.2d 581 (Mo. Ct. App. 1992). · cites it 3× “Appellant asserts that the witness’ refusal to answer questions deprived him of his rights to (1) a preliminary hearing under § 544.250, (2) cross-examination of witnesses under Rule 22.”
State v. Abbott, 654 S.W.2d 260 (Mo. Ct. App. 1983). · cites it 2× “§ 544.250, RSMo 1978; State ex rel. Buresh v.”
State v. McKeehan, 894 S.W.2d 216 (Mo. Ct. App. 1995). · cites it 3× “” Section 544.250, RSMo 1986, provides, in pertinent part: *223 No prosecuting or circuit attorney in this state shall file any information charging any person .”
State v. Simpson, 846 S.W.2d 724 (Mo. 1993). · cites it 2× “§ 544.250, RSMo 1986. A *728 preliminary hearing is not required, however, where the person charged with the crime waives the preliminary examination.”
Pitts v. Williams, 315 S.W.3d 755 (Mo. Ct. App. 2010). · cites it 2× “§ 544.250. 11 At that point, the felony criminal defendant is bound over for trial before a different judge of the circuit court (typically a circuit judge), § 478.”
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