It depends on what is considered a “win.” I try to win every case. When someone comes to see me, explains their charges, and retains my services, my first thoughts naturally turn to “how can I ‘win’ this case for my client.” Not many cases are won at the preliminary hearing, but in many cases the groundwork is laid for a win later in the case. I have explained here that the purpose of a preliminary hearing is to examine whether there is probable cause to make you stand trial for the crime of which you are accused. You are not found guilty or
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What is an Arraignment?
An arraignment is the brief hearing that starts the courtroom phase of a criminal prosecution. It is the court appearance where you are officially notified of the specific charges against you, and it is where you will enter a plea of either “guilty” or “not guilty.” The following things typically happen at an arraignment hearing: You will be provided with a written copy of the charges against you (either a copy of the ticket, or the indictment) Your lawyer situation will be discussed (whether you intend to hire a lawyer, or you are eligible for assistance by the public defender) You will enter a
What is the statute of limitations for most crimes in Mississippi?
The statute of limitations for most crimes in Mississippi is two years. Miss. Code Ann. § 99-1-5. This means that the prosecution must “commence” against you within two years after you allegedly committed the offense, or you can raise it as a defense, and the charges may be dismissed. The prosecution is “commenced” by either the issuance of a warrant, or by binding the defendant over, or by indictment or affidavit. An arrest also is interpreted to mean that the prosecution has commenced. There are SO many exceptions to this law. First, the statute of limitations for conspiracy and falsely receiving aid from the
What is the difference between a consecutive and a concurrent sentence?
If you are convicted of two or more crimes, either by pleading guilty or being found guilty after a trial, the court has the option of requiring you to serve the terms of imprisonment on each charge concurrently (at the same time), or consecutively (one after the other). Miss. Code Ann. § 99-19-21. For example: You decide one day to go down the street breaking into houses and stealing whatever you can find. You get caught, and are charged with three different counts of burglary of a dwelling, under § 91-17-23 of the Mississippi Code Annotated. Each of those different
You Have a Right to Remain Silent, But Do You Have a Choice?
Big jury trial in Madison County for the past two weeks. School teacher Carla Hughes has been on trial for the murder of Avis Banks, the fiance of her lover, Keyon Pittman. There have been more twists and turns in this trial than a Grisham novel, and I have exercised my right to remain silent on the matter, until now. Today, after deliberating for only ten minutes, the jury sent out a question to the Judge, asking “Could the state have called the defendant to testify?” The answer is absolutely not, but the question itself is very interesting. The Fifth Amendment
