Mississippi Courts

What Is an Arraignment?

Published on: April 25, 2025 | by Vic Carmody Jr., P.A.

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.

Sit Down and Shut Up! Protecting Your Fifth Amendment Rights

Published on: April 22, 2025 | by Vic Carmody Jr., P.A.

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.

Understanding the Statute of Limitations in Mississippi Criminal Law

Published on: April 15, 2025 | by Vic Carmody Jr., P.A.

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.

What is Bail and How Does it Work?

Published on: December 17, 2024 | by Vic Carmody Jr., P.A.

Bail is a financial arrangement that allows a person who has been arrested and charged with a crime to be released from jail while awaiting trial. The purpose of bail is to ensure that the defendant will appear in court for all required hearings and proceedings. If the defendant fails to appear, they forfeit the bail amount, and a warrant may be issued for their arrest.

In Mississippi, the process of bail and the specific rules surrounding it can vary depending on the offense, the severity of the crime, and the defendant’s criminal history. Here’s a general overview of how it works:

Initial Arrest and Bail Hearing:

Post-Conviction Relief in Mississippi: A Path to Correcting Wrongful Convictions

Published on: December 13, 2024 | by Vic Carmody Jr., P.A.

In Mississippi, as in other states, a conviction is not always the final word on an individual’s guilt or innocence. Post-conviction relief (PCR) can offer an essential legal remedy for those who have been wrongfully convicted or sentenced. This process allows individuals to challenge their convictions after their trial is over and the appeal process has been exhausted, providing an opportunity to correct errors or injustices that may have occurred during their trial.

What is Post-Conviction Relief in Mississippi?

Post-conviction relief (PCR) in Mississippi is a legal process that allows individuals who have been convicted of a crime to challenge their conviction after the trial is over and their initial appeal (if any) has been decided. PCR in Mississippi is governed by Mississippi Rule of Appellate Procedure 22, and it provides a mechanism for raising issues that were not available during the original trial or direct appeal.

Understanding Spousal Testimonial Privilege in Mississippi

Published on: October 28, 2024 | by Vic Carmody Jr., P.A.

When it comes to legal proceedings, the rules surrounding what can and cannot be disclosed often become complex. One important legal concept to understand is spousal testimonial privilege, especially in the context of Mississippi law. This privilege can significantly affect the outcomes of criminal and civil cases, so it’s crucial to grasp its implications.

What is Spousal Testimonial Privilege?

Spousal testimonial privilege is a legal principle that protects the confidentiality of communications between spouses. In essence, it allows one spouse to refuse to testify against the other in a court of law. This privilege is rooted in the idea that marriage should be a safe haven for open and honest communication, free from the fear of legal repercussions.

Understanding Bail in Mississippi: Your Guide to Pretrial Release

Published on: April 30, 2024 | by Vic Carmody Jr., P.A.

Bail is a term used to describe the bond or conditions of pretrial release for someone who has been charged with a crime. In Mississippi, with few exceptions, anyone charged with a crime is entitled to a reasonable bail. The purpose of setting bail is twofold: to ensure the person shows up for all court hearings, including trial, and to ensure that they will not be a danger to themselves or others if released before trial.

How Does Bail Work?

After someone is arrested, they should be taken before a judge without delay for an initial appearance. During this appearance, the judge will inform them of the charges and set a reasonable bond. The Mississippi Rules of Criminal Procedure require that judges use the least restrictive bond when possible. This means that judges should consider releasing a person on their own recognizance before resorting to more restrictive means, such as requiring a bondsman or placing the person on an ankle monitor.

Mississippi Chancery Courts: What You Need to Know

Published on: January 23, 2024 | by Vic Carmody Jr., P.A.

When it comes to the legal system in Mississippi, there’s a special type of court that might not be on your radar: the Chancery Courts. These courts play a unique role in handling cases that don’t quite fit the mold of regular law courts. Let’s dive into what makes these courts tick and why they matter.

What Are Chancery Courts?

Think of Chancery Courts as the “fairness courts.” They deal with situations where following strict laws might not lead to a fair outcome. These courts have been around for a long time, with roots tracing back to England. When Mississippi became a state in 1817, it decided to have Chancery Courts alongside regular law courts to make sure justice was served even in tricky cases.

Navigating Mississippi’s Youth Court System

Published on: November 21, 2023 | by Vic Carmody Jr., P.A.

Youth Court is a specialized court system in Mississippi that deals with cases involving children and teenagers. The Youth Court system is made up of judges, prosecutors, defense attorneys, probation officers, and social workers who all work together to provide services to juveniles who have been referred to the court. In Mississippi, there are two types of Youth Court cases: delinquency cases and child protection cases.

Delinquency

Delinquency cases involve juveniles who have committed a delinquent act or a status offense. Delinquent acts are activities that would be considered a crime if they were committed by an adult. This could include things like theft, burglary, drug offenses, assault, and vandalism. In these cases, the juvenile is accused of breaking the law and is charged with a delinquent act. Status offenses are things that would not be considered a crime if committed by an adult. The most common status offenses are truancy (skipping school), underage drinking, and running away from home, but this also includes things like “disturbing the family peace” and breaking curfew.

Can AI Be Used as Evidence in Mississippi Criminal Trials?

Published on: November 16, 2023 | by Vic Carmody Jr., P.A.

Both defendants and prosecutors can call upon witnesses to testify during criminal trials – but what happens if that witness is an artificial intelligence rather than a human being? One might argue that AIs are inherently more reliable witnesses, and they are not subject to factors like bias or faulty memories. On the other hand, you might argue that AIs are fully capable of making mistakes, misinterpreting facts, and generally providing unreliable information. Whatever the case may be, prosecutors and authorities are already beginning to rely on AI for law enforcement purposes. How does this affect Mississippi residents?

The Authorities are Already Using AI to Pursue Suspects

The truth is that the use of AI in law enforcement is not a “theory” – it is already being used in states like Mississippi. There is a wide range of AI tools currently being used by law enforcement officials throughout the nation.