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 [...]
Read MoreCriminal Procedure Defines Your Rights
Criminal procedure is the set of rules governing the procedures that will be used to enforce any criminal laws against you. The laws regarding criminal procedure also define your rights that are guaranteed under the U.S. Constitution and the Mississippi Constitution.
These posts will discuss certain areas of criminal procedure, such as investigatory and accusatory police procedure, pre-trial procedure, and trial procedure, that the state or federal government must follow before you may be convicted of a crime.
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 [...]
Read MoreThe 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 [...]
Read MoreIf 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: [...]
Read MoreBig 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 [...]
Read MoreIf you are accused of a crime, you have a right to a “speedy” trial that is guaranteed by the U.S. Constitution, the Mississippi Constitution, and other statutes and rules. The Sixth Amendment to the U.S. Constitution begins by stating “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial [...]
Read MoreThe purpose of a preliminary hearing, or “probable cause” hearing, is to determine if there is sufficient reason to suspect that a crime has been committed, and that you are the one that committed it. In Mississippi, these hearings are governed by Uniform Rule of Circuit and County Court Practice 6.04, and they are usually conducted in Municipal [...]
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