Mississippi Criminal and Family Law Blog

Getting arrested can be scary and overwhelming—for both you and your family. Even if it’s for something small, it’s still a stressful situation. You may wonder how long you’ll be held or what’s going to happen next. A lot of people think that if the police don’t read them their rights, their charges will be dropped. But that’s not true. You can still be charged, even if your rights weren’t read to you. However, there are some limits on what the police and prosecutors can do, which we’ll explain below.

What Are Miranda Rights?

Miranda Rights are a list of rights that police must read to you if they want to question you while you’re in custody. These rights include: the right to remain silent, anything you say can be used against you in court, you have the right to a lawyer during questioning, and if you can’t afford a lawyer, one will be provided for you.

You may have heard the phrase “Miranda Rights” mentioned in movies, TV shows, or news reports. But what exactly are Miranda Rights, and why are they so important? Understanding your rights is crucial for anyone involved in police interactions or the criminal justice system.

The Origins of Miranda Rights

The concept of Miranda Rights stems from a landmark U.S. Supreme Court case, Miranda v. Arizona, decided in 1966. The case involved Ernesto Miranda, who was arrested for kidnapping and rape. During the interrogation, Miranda made incriminating statements, but he was unaware of his right to remain silent or to have an attorney present. The Supreme Court’s decision in this case established the requirement for law enforcement to inform individuals of certain rights during custodial interrogations.

Should I or could I represent myself on criminal charges in the state of Mississippi? To quote William Shakespeare, “To be or not to be [my own attorney]? That is the question”. Is it reasonable for me to be my own attorney? Once you have been charged with a crime, you’ve got to understand the court system and the court rules to make that determination.

The Mississippi Court system has two lower courts that hear criminal charges. Crimes are broken down into two broad categories. One of those is a misdemeanor offense and one is a felony offense. A misdemeanor offense is a more minor crime defined by our government as under six months in jail and under a $5,000 fine. Most misdemeanors in Mississippi have jail terms of up to one year in jail and up to a one-thousand dollar fine. Felonies by definition are more serious crimes that can result in prison sentences. In Mississippi there are two courts that hear misdemeanor offenses, which are the justice court and the municipal court.

Justice Courts

If you or someone you care about has been charged with a crime, you may have heard the term “preliminary hearing.” This can be a confusing part of the criminal justice process, especially if it’s your first experience with the court system. At our law firm, we believe in making things clear and understandable. So let’s break down what a preliminary hearing is, why it happens, and what you can expect.

What Is a Preliminary Hearing?

A preliminary hearing is a court proceeding that takes place early in a criminal case. It usually happens after someone has been charged with a felony offense. This hearing is not the trial. No one is found guilty or innocent during a preliminary hearing. Instead, the purpose of a preliminary hearing is to determine whether there is enough evidence for the case to get sent to the grand jury for indictment. Think of it as a legal “checkpoint” that helps prevent weak or unfounded cases from moving forward.

If you or a loved one has been arrested in Mississippi, one of the first steps in the criminal process is something called an arraignment. It’s a legal term that might sound confusing, but it’s actually a straightforward (and very important) part of what happens after an arrest. In this post, we’ll walk you through what an arraignment is, how it works in Mississippi, and what to expect.

What Is an Arraignment in Mississippi?

An arraignment is the first formal court appearance after someone is charged with a crime in Mississippi. At this hearing, the person accused (called the defendant) is officially told what charges they’re facing and asked to enter a plea — guilty, not guilty, or no contest. An arraignment is not a trial. No one is found guilty or innocent at this stage. It’s just the starting point of the court process.

When it comes to criminal law, one of the most important parts of the U.S. Constitution is the Fifth Amendment. This amendment helps protect people who are accused of crimes and makes sure they’re treated fairly. In this post, we’ll break down what the Fifth Amendment means and why it matters so much.

The Right to Stay Silent

The Fifth Amendment gives you the right to remain silent when the police or government ask you questions. This is called the right against self-incrimination. It means you don’t have to say anything that might be used against you in court. You’ve probably heard someone say, “I plead the Fifth.” That’s what they’re doing—using their right to stay silent. This protection applies during police questioning, before trial, and even during the trial itself. And most importantly, the government can’t assume you’re guilty just because you don’t want to talk. This helps stop people from being forced or pressured into saying things that aren’t true or that could hurt their case.

Statutes of limitations play a crucial role in the criminal justice system. They set the time limit for prosecutors to bring criminal charges. In Mississippi, the statute of limitations varies depending on the nature of the crime. While certain serious offenses like murder and rape have no statute of limitations, others have specific timeframes within which charges must be filed. When a crime has no statute of limitations the prosecutor can bring a charge any time after the alleged crime has been committed. Attorneys can make the statute of limitations work for their clients by getting cases dismissed, if that time limit has passed. In Mississippi, the statute of limitations for criminal cases is outlined in Section 99-1-5 of the state’s legal code. The timeframes to charge crimes as set out in this statute differ depending on the specific offense.

Offenses with No Statute of Limitations

Crimes such as murder, manslaughter, rape, arson, burglary, aggravated domestic violence, and certain sex crimes have no statute of limitations. This means that prosecution can be initiated at any time, regardless of how much time has passed since the alleged incident.