Mississippi Criminal Defense Lawyers

Police take you to a jail or detention facility. Officers record your personal information, take photographs and fingerprints, and run a basic health screening. No interview or statement is required, and none is wise. You have the right to a phone call. Most Mississippi jails record inmate calls except those to attorneys, so say nothing about the facts of your case on a jail phone. Our guide to the first 48 hours after an arrest covers this stage hour by hour.

Under Rule 5.1 of the Mississippi Rules of Criminal Procedure, you must be brought before a judge within 48 hours of arrest. Arrested on a Friday, you see a judge by Sunday. The judge confirms the arrest was lawful, tells you the charges, informs you of your rights, and decides whether to release you and on what conditions. If the deadline passes on a bailable charge, the rule requires release on an appearance bond in the minimum amount. If you cannot afford a lawyer, this is where you ask for a public defender.

Article 3, Section 29 of the Mississippi Constitution guarantees the right to bail in most cases; the main exception is a capital offense where the proof is evident or the presumption great. Under Rule 8 the judge weighs the charge, your criminal history, community ties, employment, and flight risk. Rule 8.2(a) starts with a presumption of release on personal recognizance or an appearance bond and requires the least onerous conditions that will assure your appearance. Bond can be cash, surety, property, or recognizance, and a bond reduction motion can be filed later if circumstances change.

For a felony, you can demand a preliminary hearing in justice or municipal court, and under Rule 6.1 it must be held within 14 days of the demand unless the grand jury indicts first. The prosecutor must show probable cause that a felony was committed and that you did it. Your lawyer can cross-examine the state’s witnesses. Even when the case is bound over, the hearing locks in the prosecution’s story early and reveals its evidence. See the arrest-to-indictment timeline.

Grand juries in Mississippi meet by court term, not on demand, so the wait is often 4 to 12 weeks and can run longer. A grand jury is 15 to 20 citizens, and at least 12 votes are required to indict. You and your lawyer do not attend. The grand jury either indicts or returns a no-bill, which dismisses the charge. A no-bill is not an acquittal, but in practice many no-billed cases end there. We use the wait to preserve evidence, interview witnesses, and negotiate, because many cases resolve before indictment.

After indictment you appear in circuit court, hear the formal charges, and enter a plea of guilty or not guilty. Mississippi does not allow no-contest pleas in felony cases. Arraignment is short and procedural, and most people plead not guilty here. Bond conditions can be addressed or modified at arraignment if you have not been released. Here is what to expect in circuit court from arraignment on.

After arraignment the prosecutor must provide discovery: police reports, witness statements, evidence lists, and anything that might help your defense. Your lawyer reviews it and files motions, commonly to suppress statements, to exclude evidence from an unlawful stop or search, or to dismiss charges on legal grounds. Motions day is often a separate court call, and it can take weeks or months. Strong motion practice can win cases before trial.

Most felony cases resolve through a plea agreement, and you have the right to reject any offer. Mississippi law generally requires trial within 270 days of arraignment unless good cause is shown (Miss. Code § 99-17-1). At trial you have the right to a jury of twelve, or you can waive the jury for a bench trial. The state must prove every charge beyond a reasonable doubt, and you cannot be forced to testify. Misdemeanors skip the grand jury entirely and go to trial in justice or municipal court, as our felony vs. misdemeanor page explains.

If you plead guilty or are convicted, Mississippi law sets a minimum and maximum sentence for each felony, and the judge decides within that range. The court may order a pre-sentence investigation report covering your record, background, and circumstances. Your lawyer can present character witnesses and letters and argue for a lower sentence, and you have the right to address the court. Some add-ons cannot be suspended, such as the firearm enhancement under § 97-37-37 and the 10-year minimum for drug trafficking.

A conviction is not the end. A notice of appeal is due within 30 days of the judgment under Mississippi Rule of Appellate Procedure 4, and post-conviction relief under § 99-39-5 reaches claims outside the trial record, generally within 3 years. The appeals card below and our appeals and post-conviction page cover both paths.

Mississippi drug penalties depend on the substance, the amount, and your record. A first offense of possessing 30 grams or less of marijuana carries only a fine of $100 to $250, while possession of other controlled substances or larger amounts can be a felony under § 41-29-139. Trafficking under § 41-29-139(f) carries 10 to 40 years with a mandatory minimum of 10 years that cannot be suspended. Many cases rise or fall on whether the stop and search were legal, and drug court can keep first offenders out of prison. See our drug crimes page.

A first Mississippi DUI under § 63-11-30 carries up to 48 hours in jail, a fine, and license consequences, but non-adjudication can keep it off your record. You may have as few as 10 days to protect your license after a refusal. A third DUI within five years is a felony carrying 1 to 5 years in prison, and the minimum sentence cannot be suspended. Because the statute does not allow a DUI to be reduced to a lesser charge, the defense is built on the stop, the field tests, and the machine. See our DUI defense page.

Mississippi is a permitless-carry state, but that does not apply to convicted felons. Felon in possession under § 97-37-5 carries 1 to 10 years and a fine of up to $5,000. Using or displaying a firearm during any felony adds a mandatory 5 years under § 97-37-37, or 10 for a convicted felon, and that time cannot be reduced or suspended. Most of these cases start with a traffic stop, so the legality of the stop and the state’s constructive-possession theory are where the defense begins. See our gun charges page.

Simple assault under § 97-3-7(1) is a misdemeanor carrying up to 6 months in county jail and a fine of up to $500. Aggravated assault under § 97-3-7(2), which means a deadly weapon or serious bodily injury, is a felony carrying up to 20 years. Assault on a police officer, teacher, healthcare worker, or another person protected by § 97-3-7(14) carries up to 5 years for simple assault and up to 30 for aggravated. Self-defense is a complete defense, and under Mississippi’s stand-your-ground law you have no duty to retreat from a place you have a right to be. See our assault and battery page.

Value draws the line. Property under $1,000 is petit larceny, a misdemeanor under § 97-17-43 with up to 6 months in jail. Property of $1,000 or more is grand larceny under § 97-17-41, a felony carrying up to 5 years, rising to 10 years at $5,000 and 20 years at $25,000. Shoplifting under § 97-23-93 becomes a felony when the merchandise is worth more than $1,000 or on a third conviction within seven years. Burglary is a separate felony, and it is one of the offenses Mississippi places no time limit on charging, so an old accusation can still become a case. See our theft and shoplifting page.

Domestic violence charges also run under § 97-3-7. Simple domestic violence is a misdemeanor carrying up to 6 months in county jail and a fine of up to $500. Aggravated domestic violence, involving a weapon, serious injury, or strangulation, is a felony carrying 2 to 20 years. A third conviction within seven years is a felony carrying 5 to 10 years. The State prosecutes, not the accuser, so a recanting witness does not end the case. A conviction triggers a federal firearm ban, and no-contact orders can remove you from your own home. See our domestic violence defense page.

Fraud, forgery, and embezzlement cases are built on paper: bank records, business records, and the story investigators assemble from them. Many of these prosecutions are federal, where agents investigate for months before an arrest, and Tom Fortner has defended white collar fraud cases in federal court. Two Mississippi consequences are worth knowing early. Forgery and embezzlement are on the state’s list of disenfranchising crimes, and embezzlement can never be expunged. Protecting your record means acting before a conviction is entered, not after. See our federal defense page.

Sex offense charges are prosecuted as felonies in Mississippi and are defended, like every serious charge, on the credibility of the accusation and the way the evidence was gathered, and Tom Fortner’s felony practice includes sexual assault cases.

Murder, manslaughter, robbery, and other crimes of violence are the charges where trial experience counts most. Tom Fortner’s felony practice covers capital murder and other death-penalty-eligible cases, murder and manslaughter, and robbery. Arman Miri has tried felony cases to verdict, including capital murder, and is capital defense certified. Two things to know early: bail can be denied for a capital offense where the proof is evident or the presumption great, and a crime of violence under § 97-3-2 can never be expunged.

A probation violation can send you back to prison for the full suspended sentence if the court finds a new felony or absconding, but § 47-7-37 caps early technical violations: 90 days for a first revocation, 120 days for a second, and up to 180 days or the remainder of the sentence for a third. The state’s burden at a revocation hearing is only a preponderance of the evidence. You still have the right to notice, to present evidence, to cross-examine witnesses, and to a lawyer. See our probation violation page.

Arrest warrants and bench warrants do not expire in Mississippi. Ignoring one means the risk of arrest at any traffic stop, and a missed court date can add contempt and bond forfeiture on top of the original charge. The better path is a safe surrender arranged by your lawyer, with a bond plan already prepared, so you walk out instead of waiting in jail. See our warrants page.

Under § 43-21-151, youth court has exclusive original jurisdiction over most matters involving children under 18. Its focus is rehabilitation instead of punishment, and its records are confidential. But offenses punishable by life imprisonment and certain felonies involving a deadly weapon begin in adult circuit court, and for other serious felonies the youth court may transfer a child who was 13 or older to circuit court. If your child has been detained, the first hearings happen fast. See our youth court page.

Mississippi expungement runs through § 99-19-71 and works the same in every county. If your case was dismissed or you were found not guilty, the court shall expunge the record, with no waiting period. A first-offense misdemeanor can be expunged with no statutory wait. One felony per lifetime can be expunged five years after the sentence is completed, unless it is on the excluded list, which includes crimes of violence, drug trafficking, felon in possession, and embezzlement. The filing fee for a conviction petition is $150. See our expungement page.

A notice of appeal is due within 30 days of the judgment under Mississippi Rule of Appellate Procedure 4, and the appellate courts review the trial record for legal error rather than hearing new evidence. Post-conviction relief under § 99-39-5 reaches claims outside the record, such as ineffective assistance of counsel, and generally must be filed within 3 years. Tom Fortner handles criminal appeals from every circuit court in the state, and Arman Miri sits on the Fifth Circuit’s CJA appellate panel for federal appeals. See our appeals and PCR page.

Federal cases are different. Agents investigate for months before an arrest, the sentencing guidelines drive outcomes, and trial is in the U.S. District Court for the Southern District of Mississippi. Three of our attorneys serve on that court’s Criminal Justice Act panel, which means the federal court itself appoints us to defend federal cases. If agents have contacted you, the time to hire counsel is before charges are filed. See our federal criminal defense page.