Attorney Procedure

The following procedures shall be followed by counsel relative to cases in this court as a result of recent amendments and/or changes to the law including, but not limited to, Supreme Court Rule 37:

Entry of Appearance

An attorney who intends to represent a defendant in this court shall forward to the court an Entry of Appearance Memorandum. The Memorandum (not letter) should be directed to the court and may be filed by mail, facsimile, and email. The Memorandum should contain the caption of the case, including the defendant's name, case number (if known), date of birth, court date, attorney's name, bar number and contact information. If submitting by facsimile, attorney's fax number should be included as well. The Entry shall be dated and shall include a certificate of service indicating a copy has been forwarded to the Prosecuting Attorney. A self addressed stamped envelope shall be included with the entry if requesting a file stamped copy.  Attorney may E-File the Entry of Appearance for the court all other correspondence for the Prosecutor must be filed directly with the Prosecuting Attorney's office, we will not accept prosecutorial correspondence via E-file with the Court. 

An attorney is entered in a case unless and until the case is disposed, the attorney withdraws or is discharged by the client. The court cannot communicate with a defendant that is represented by counsel.

Request for Recommendation

If the attorney is requesting a recommendation from the prosecuting attorney, a separate letter directed to the Prosecuting Attorney shall be forwarded via facsimile, mail or email.

Request for Discovery

Requests for discovery shall be directed to the prosecuting attorney.

Continuances

Continuances can only be granted by the Judge or by the court administrator as authorized by Judge. Request for continuances are not granted until approved by the Court. Attorneys should not assume their request has been granted for continuance and should contact the Court prior to the court date to determine the same. In the event your request for continuance is filed less than three business days prior to the court date you may be required to appear in court. It is the responsibility of the counsel to contact the court to determine the status of their request for a continuance.

The prosecuting attorney may request a case be continued for purposes of obtaining acceptance of a Recommendation by submitting a copy of their request for a new court date to the court. 

Prosecuting Attorney's Recommendation

All requests for recommendation should be forwarded directly to the Prosecuting Attorney. All negotiations and discussions regarding a recommendation are conducted between defense counsel and the prosecuting attorney. Any compliance or other documentation required should be directed to the prosecuting attorney. Once an agreement is reached between both parties the prosecuting attorney will prepare a Plea Agreement to be offered to the court. The Plea Agreement must be signed and dated by the Defendant, Defendant's Counsel and the Prosecutor.

All Plea Agreements involving probation require a court appearance by both the Defendant and their attorney. The date shall be provided to defense counsel by the prosecuting attorney.

If the Plea Agreement does not require an appearance and is payable outside of court, the defendant and their attorney must execute the Plea Form and forward the signed and dated document to the court prior to the court date. If payment is not made in accordance with the Plea Agreement prior to the court date or paid in full prior to the court date, the defendant must appear in person on the court date. The Plea is not entered into the Court records until the signed Plea Form has been filed with the court. The court clerks are not able to accept payment on a fine in person, by mail or online until the signed Plea Form has been filed with the Court.

Representation

An attorney who has entered their appearance is the attorney of record until the case is closed, a motion to withdraw had been filed and granted, or the attorney is otherwise discharged form the case. Until such time you should appear with or on behalf of your client for all court dates. An Attorney who wishes to withdraw as counsel of record shall file a Motion for Leave to Withdraw as Counsel with the Court and comply with St. Louis County Circuit Court Rule 21.4 regarding notice to their client. Said notice shall include the next court date on which the defendant is scheduled to appear. Attorney appearance is not required if they comply with the local rule.

Warrant Recall

If an attorney seeks to have a warrant recalled they shall file an Entry of Appearance with the court. The Entry may include a request to recall a warrant. On any matter in which there have been three or fewer court dates on which the defendant failed to appear the warrant will be recalled without a court appearance. All other requests for warrant recall require a court appearance by counsel. Upon cancellation of warrant, the court shall provide defense counsel with new court date wherein both the attorney and the defendant shall appear in person.

 

Please email all prosecutorial requests to office@smithlawpractice.com.   We will only accept entry and motions for the court via E-file.

ALL PA matters must be addressed directly with the PA Office.  You may contact Prosecuting Attorney Clerk for PA matters at (314) 361-2500