Criminal Process and Procedure

The criminal justice system in Mississippi, as in other states, is designed to ensure that justice is served while respecting the rights of all parties involved. The process from the moment a crime is reported to the final resolution can be complex, involving multiple steps and various legal entities. This post aims to demystify the criminal process and procedure in Mississippi, offering insights into how the system works and what individuals can expect if they are ever involved in it.

Reporting and Investigation

The criminal process typically begins when a crime is reported to law enforcement authorities. In Mississippi, local police departments, county sheriff's offices, or state law enforcement agencies may be involved in this initial phase. Once a report is made, an investigation is launched to gather evidence, interview witnesses, and identify suspects. This phase is crucial, as the evidence collected will be used throughout the criminal process.

Arrest and Booking

If there is sufficient evidence, law enforcement can arrest the suspect. Following an arrest, the suspect is taken into custody for booking, a process that involves recording personal information, taking fingerprints, and possibly taking photographs. The accused may also be searched, and personal belongings are cataloged and stored.

Initial Appearance and Bail

Shortly after the arrest, the defendant makes their initial appearance before a judge. This is where they are formally informed of the charges against them. In Mississippi, this is also the stage where bail can be set, allowing the defendant the possibility of release from custody while awaiting further proceedings. Bail decisions are based on factors like the nature of the crime, the defendant's ties to the community, and their criminal history.

Preliminary Hearing

A defendant who has been charged with a felony, but who has not yet been indicted, is entitled to a preliminary hearing. At a preliminary hearing the judge determines probable cause and the conditions for release, if any. All parties shall have the right to cross-examine the witnesses testifying and introduce evidence and relevant hearsay testimony is allowed. If the judge determines that probable cause exists, the defendant is bound over to the grand jury. If the judge does not find probable cause, the defendant is discharged; however, he or she may have their case still presented to the grand jury.

Grandy Jury

In felony cases, Mississippi law generally requires an indictment by a grand jury before proceeding to trial. The grand jury consists of citizens tasked with deciding whether there is probable cause to believe a crime was committed and the accused committed it. If the grandy jury finds there is probable cause, the defendant is indicted and the case moves forward. If the grandy jury does not find probable cause, they return a “no true bill” and the defendant’s case is typically concluded. Unlike the preliminary hearing, neither the defendant nor the defendant’s attorney are present to cross-examine witnesses or introduce evidence.

Arraignment

Once the case moves forward, the defendant is arraigned, meaning they are formally charged and asked to enter a plea of guilty, not guilty, or no contest. This stage sets the stage for the trial, as it determines the charges the defendant will face in court.

Pre-Trial Motions and Plea Bargaining

Before the trial, there can be various pre-trial motions, where attorneys argue about what evidence will be admissible, and other legal issues are settled. This period is also when plea bargaining often occurs. In a plea bargain, the defendant agrees to plead guilty to a lesser charge or to the original charge in exchange for a lighter sentence, avoiding the uncertainty of a trial.

Trial

If the case is not resolved through a plea bargain, it proceeds to trial. In Mississippi, the defendant can choose between a jury trial and a bench trial (where the judge alone makes the decision). The trial involves the presentation of evidence by both the prosecution and the defense, including witness testimony, after which the judge or jury renders a verdict.

Sentencing

If the defendant is found guilty, the next step is sentencing. Mississippi law provides guidelines for sentencing, which can include imprisonment, fines, probation, or other penalties, depending on the severity of the crime and other factors.

Appeals

The defendant has the right to appeal a conviction or sentence, seeking a higher court's review of the trial court's decision. The appellate court examines the record for legal errors that could have affected the outcome of the case.

The criminal process and procedure in Mississippi are designed to balance the need for public safety with the rights of the accused. It involves multiple stages, each with its own legal complexities. Understanding this process can demystify the workings of the criminal justice system, providing clarity for those who find themselves navigating its waters, whether as a defendant, victim, or concerned citizen.