After the grand jury has indicted you, you will appear at Forrest County Circuit Court at 630 Main Street in Hattiesburg. This is where felony cases are decided. The 12th District court handles felonies in both Forrest and Perry Counties, so the docket is shared. Here is what happens from your arraignment through sentencing.
Your first formal appearance in Circuit Court after indictment is the arraignment. The judge will review the charges, ensure you understand your rights, and take your initial plea. You will enter a plea of guilty, not guilty, or nolo contendere (no contest). Do not plead without speaking to an attorney first. If you cannot afford one, you can request a public defender at this appearance. Bail or bond conditions can also be addressed or modified at arraignment if you have not yet been released.
Forrest County Circuit Court serves both Forrest and Perry Counties as part of Mississippi's 12th District. This means your case shares docket time with cases from Perry County. Court dates can be affected by cases from both counties, and sometimes judges rotate between counties. Grand juries meet by court term, so if your indictment comes late in a term, it may be months before your first Circuit Court appearance. Do not miss a court date. If you cannot attend for a legitimate reason, your attorney must file a request for a continuance in advance.
After arraignment, the prosecutor must provide discovery: police reports, witness statements, evidence lists, and anything that might help your defense. Your attorney will review this material and may file motions. Common motions ask the court to exclude certain evidence, suppress statements, or dismiss charges on legal grounds. Motions day is often a separate court call, and it can take weeks or months to resolve these issues. Do not rush this process. Strong motion practice can win cases before trial.
Most felony cases resolve through a plea agreement, not trial. The prosecutor may offer a reduced charge, a reduced sentence recommendation, or both. Your attorney will advise you on whether the offer makes sense. The state has a constitutional right to a speedy trial, but so do you. Negotiations can take months, and you have the right to reject any offer the prosecutor makes. However, if you turn down a favorable plea and later lose at trial, the judge is not bound by the prosecutor's original recommendation.
If you proceed to trial, your attorney will file a trial notice. You will have the right to a jury trial with twelve citizens, or you can waive the jury and have the judge decide (a bench trial). Jury selection can take a full day or more. The trial itself can last from a few hours for a simple case to several days for a complex one. The prosecutor presents evidence first, then your attorney presents your defense, then closing arguments follow. You have the right to remain silent and cannot be forced to testify, though the jury may wonder why. The jury must find you guilty beyond a reasonable doubt on each charge.
If you are convicted at trial or plead guilty, sentencing comes next. For felonies, Mississippi law sets minimum and maximum sentences for each offense. The judge has discretion within that range. Before sentencing, the court will order a pre-sentence investigation report, which includes your criminal history, background, and personal circumstances. Your attorney can argue for a lower sentence and present character witnesses or letters on your behalf. The prosecution will argue for a higher sentence. You also have the right to address the court. This is your opportunity to take responsibility and explain what led to the offense.
Arrive at least 15 minutes early on every court date. Do not wear casual clothing: dress in a suit or professional business attire. Leave your phone on silent. Avoid discussing your case in the courthouse hallway. Security screening is in place, so allow extra time. Parking downtown in Hattiesburg can be tight, so plan ahead. Bring a notebook and pen. Take notes during proceedings so you and your attorney can discuss what happened. If you have questions, write them down and ask your attorney before or after court, never during. The courtroom is formal. Stand when the judge enters, address the judge as "Your Honor," and speak clearly and respectfully.
Dress professionally. For men, a suit or dress pants with a button-up shirt and tie. For women, a professional dress, blouse and pants, or similar. Avoid shorts, tank tops, sneakers, and anything with graphic images or offensive language. The judge and jury notice how you present yourself. First impressions matter in court.
An arraignment is your formal appearance in Circuit Court after indictment. The judge will inform you of the charges against you, explain your rights, and you will enter a plea of guilty, not guilty, or nolo contendere (no contest). This is also when bail conditions may be discussed if you are not already released. Never plead without speaking to an attorney first.
There is no set timeline. Cases involving discovery disputes, multiple motions, or jury trials can take many months or even years. Cases that result in quick plea agreements may resolve in a few months. Waiting for the grand jury to meet and issue an indictment can add months at the beginning. Your attorney can give you a better estimate based on the specific charges and circumstances.
You can request a continuance through your attorney. Courts grant continuances for legitimate reasons like gathering evidence, locating witnesses, or resolving complicated legal issues. However, judges will not grant unlimited continuances, and prosecutors can object. The state also has its own right to a speedy trial. Continuances must be requested in writing in advance.
In a jury trial, 12 citizens hear evidence and decide guilt or innocence. In a bench trial, the judge alone decides. Bench trials are faster and may be simpler, but a judge's experience can be both an advantage and a disadvantage depending on the case. Your attorney can advise you on which option is better for your specific situation.
A felony indictment is a turning point. The decisions you make now will shape your future. At Lowrey, Fortner, & Miri P.A., we defend felony cases in Forrest County and throughout Mississippi. We know the judges, the prosecutors, and the rhythms of the 12th District court. We fight for our clients at every stage, from discovery through sentencing.
Call us at (601) 582-5015 today. We can discuss your case, answer your questions, and start building your defense.
This article is for informational purposes only and does not constitute legal advice. Every case is unique. Contact our office to discuss your specific situation.