Hattiesburg, MS & Pine Belt Region

Criminal Defense Representation

Protecting your liberty and constitutional rights through meticulous case evaluations and aggressive trial defense across Mississippi courts.

The Bottom Line

If you are arrested in Mississippi, you must be brought before a judge within 48 hours, and nothing you say to investigators helps you before you have a lawyer. Felonies go to circuit court through a grand jury; misdemeanors stay in municipal or justice court. Call us before you talk to anyone.

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Aggressive Defense Against State Charges

An arrest on state felony or misdemeanor charges demands immediate, strategic legal evaluation. The State targets convictions aggressively, utilizing police accounts and forensic reports to build their framework. At Lowrey, Fortner, & Miri P.A., we break down state evidence systems from day one, routinely standing between our clients and prosecution goals inside the Forrest County Circuit Court, the Lamar County Circuit Court, and regional Municipal Courts.

Related Defense Practices

Criminal Defense Attorney Hattiesburg

Our Defense Leadership Team

Authored & Managed by our dedicated criminal defense practitioners.

Thomas M. Fortner

Thomas (Tom) Fortner

PARTNER & LEAD COUNSEL
Arman Miri

Arman Miri

PARTNER & CO-AUTHOR
Valorie G. Cochran

Valorie G. Cochran

ASSOCIATE ATTORNEY

Common Mississippi Criminal Law Questions

Clear answers to the questions our defense team hears most often.

What is the difference between a felony and a misdemeanor in Mississippi?

Misdemeanors are lesser offenses punishable by up to one year in a county jail and fines, usually handled in Municipal or Justice Court. Felonies are serious crimes carrying a minimum of one year in a state penitentiary facility and are prosecuted in Circuit Court.

Can the police search my car during a traffic stop without a warrant?

Law enforcement cannot search your vehicle simply because they pulled you over. They must have explicit consent from you, observe illegal items in plain view, or establish verified probable cause that a crime is occurring. Never consent to a search voluntarily.

What should I say if a detective calls asking me to come in for "a quick chat"?

You should politely decline and immediately call an attorney. Detectives use "friendly" interviews to secure admissions or lock you into a timeline before they formally charge you. Having an attorney present protects you from self-incrimination.

How long does the state have to file formal charges after an arrest?

While an initial appearance must occur quickly to set bail, Mississippi does not have a strict timeline for a grand jury to return an indictment. However, if the delay violates your constitutional right to a speedy trial, your attorney can file a motion to dismiss.

Will I definitely go to jail if I am convicted of a drug possession charge?

Not necessarily. Depending on the substance, the weight, and your prior criminal record, Mississippi offers alternative sentencing options such as pretrial diversion programs, non-adjudication, or drug court that can keep you out of jail and potentially clear your record.

What is non-adjudication and do I qualify for it?

Non-adjudication allows a first-time offender to plead guilty, but the judge refrains from entering the conviction on your record. If you successfully complete probation and pay fines, the charge is dismissed. It is available for many non-violent felonies and misdemeanors.

What happens at an initial appearance?

An initial appearance is your first time in front of a judge after an arrest. The judge will read the charges against you, ensure you understand your constitutional rights, and determine the conditions and amount of your bail bond.

Can a victim decide to "drop the charges" in a domestic violence case?

No. Once the police make an arrest, the State of Mississippi takes over the prosecution, not the victim. Even if the complaining witness no longer wants to proceed, the prosecutor can still pursue the case using 911 tapes, photos, and officer testimony.

What does it mean when a case gets bound over to the Grand Jury?

If a judge finds probable cause at a preliminary hearing, or if you waive that hearing, your felony case is "bound over." This means it is transferred to the District Attorney's office to present the evidence to a Grand Jury for a formal indictment.

If the police didn't read me my Miranda rights, is my case automatically dismissed?

No. Failing to read Miranda rights only means that any statements you made *while in police custody and under direct interrogation* can be suppressed and thrown out of court. If the police have enough other evidence, the case can still proceed without your statements.

What is a Motion to Suppress?

A Motion to Suppress is a legal filing by your defense attorney arguing that evidence was obtained illegally (e.g., an illegal traffic stop or an invalid search warrant). If the judge agrees, that evidence cannot be used against you at trial.

Can a juvenile be charged as an adult in Mississippi?

Yes. Minors aged 13 or older can be transferred from Youth Court to adult Circuit Court if they are charged with certain serious felonies (like armed robbery or murder) or offenses involving a deadly weapon.

How can I get my bond reduced if I cannot afford to pay it?

Your attorney can file a Motion for Bond Reduction. The judge will hold a hearing to evaluate your flight risk, ties to the community (job, family), your financial resources, and the severity of the charge to determine if the bond should be lowered.

What happens if I violate the terms of my probation?

Your probation officer will file a violation report and a warrant will likely be issued for your arrest. At a revocation hearing, a judge can give you a warning, modify your probation terms, or revoke your probation and send you to prison to serve your suspended sentence.

Can I get a felony expunged from my record in Mississippi?

Mississippi allows for the expungement of certain non-violent felonies, but strict requirements apply. You must generally wait five years after completing all terms of your sentence, and only specific offenses (like certain drug possession or larceny charges) are eligible.

More Criminal Defense Services

Domestic Violence Defense

Simple & aggravated DV under § 97-3-7, protect your record, gun rights & custody.

Assault & Battery Defense

Simple vs. aggravated assault, where the misdemeanor/felony line is drawn.

Gun & Weapons Charges

Felon-in-possession, enhancements & post-Bruen constitutional challenges.

Theft & Shoplifting

Petit vs. grand larceny, the $1,000 line and first-offender paths.

Felony vs. Misdemeanor

How Mississippi charges are classified, tried, and reduced.

Bond & Bail Reduction

Get someone out fast, bond types, Rule 8 factors & reduction motions.

Warrants

Arrest & bench warrants, safe surrender with a bond plan.

Local Criminal Defense Pages

See exactly how your case moves through your local courthouse:

Hattiesburg Criminal Defense

Municipal court through Forrest County Circuit Court.

Forrest County Defense

Felony defense in the 12th Circuit Court District.

Lamar County Defense

Justice, municipal & 15th District circuit courts in Purvis.

Jones County Defense

Laurel and Ellisville courthouses, 18th Circuit District.

Petal Defense

Petal Municipal Court and Forrest County felonies.

Pearl River County Defense

Poplarville, Picayune & I-59 corridor cases.

Covington County Defense

Collins and the Hwy 49 corridor, 13th Circuit District.

Hattiesburg DUI

First-offense through felony DUI defense.

Lamar County DUI

Hwy 98 and I-59 stops heard in Purvis courts.

Marion County Criminal Defense

Columbia cases in the 15th Circuit District and the Hwy 98 corridor.

Perry County Criminal Defense

Same 12th District judges & DA as Forrest County, New Augusta & Richton.

Picayune Criminal Defense

Picayune Municipal Court and I-59 stops near the Louisiana line.

Wayne County Criminal Defense

Waynesboro cases in the 10th Circuit District and the Hwy 45 corridor.

Stone County Criminal Defense

Wiggins cases in the 2nd Circuit District, Hwy 49 between Hattiesburg & the Coast.

Jefferson Davis County Defense

Prentiss cases in the 15th Circuit District, Hwy 84 corridor.

Lawrence County Defense

Monticello cases in the 15th Circuit District.

Smith County Defense

Raleigh cases in the 13th Circuit District.

Simpson County Defense

Mendenhall & Magee, Hwy 49 corridor to Jackson.

Jasper County Defense

Bay Springs and Paulding courthouses, 13th Circuit District.

Greene County Defense

Leakesville cases in the 19th Circuit District.

George County Defense

Lucedale & the Hwy 98 corridor toward Mobile.

Clarke County Defense

Quitman cases in the 10th Circuit District.

Lincoln County Defense

Brookhaven & the I-55 corridor, 14th Circuit District.

Pike County Defense

Magnolia courthouse & McComb Municipal Court, I-55 near the state line.

Hinds County Criminal Defense

Mississippi’s busiest docket, Jackson & Raymond courthouses, 7th District.

Rankin County Criminal Defense

Brandon courthouse, Pearl & Flowood courts, 20th District.

Madison County Criminal Defense

Canton courthouse & Ridgeland, home of our AP-covered grand jury win.

Walthall County Criminal Defense

Tylertown cases in the 14th Circuit District.

View All Areas We Serve →
(601) 582-5015