Criminal Defense Representation

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Yes. Offenses punishable by life imprisonment (like murder or armed robbery) and certain felonies committed with a deadly weapon begin in adult Circuit Court under Mississippi Code § 43-21-151. For other serious felonies, the Youth Court may transfer a child who was 13 or older at the time of the offense to Circuit Court.

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.

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.

Yes, in many cases. Under Mississippi Code § 99-19-71, you may petition to expunge one felony conviction five years after successfully completing all terms of the sentence. Certain felonies are not eligible, including crimes of violence, first-degree arson, drug trafficking, felon in possession of a firearm, embezzlement, and third or subsequent DUI offenses.