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What does remanded to file mean in Mississippi?

Remand means that a higher court sends back, or returns a case to the lower court. Our law firm will frequently file a motion to remand a case back to state court.

How long can you be held in jail before seeing a judge in Mississippi?

Every person arrested on a felony charge in Mississippi has a right to an initial appearance before a judge within 48 hours, unless the defendant has been indicted by a grand jury or is released from custody prior to the initial appearance occurring.

Why do court cases get remanded?

Remanded Appeals This occurs when the appellate court finds that the lower courts judge made some error related to the laws or facts in your case. Improper rulings, errors in procedure, or the exclusion of admissible evidence may result in a lower courts decision being overturned and sent back for further action.

What is a capias warrant in Mississippi?

(b) Capias means a writ commanding law enforcement officers to take into custody a defendant for whom a grand jury has returned an indictment.

How long do warrants last in Mississippi?

A Mississippi search warrant authorizes law enforcement agencies to search a property or a person named in the warrant for evidence to support a case or charge. Search warrants typically have time limits and expire within ten (10) days.

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What does it mean when a court vacated and remanded?

When a judgment is reversed, the Court usually remands the matter for a new trial to be carried out consistent with the principles announced in its opinion. Remanded in Part - a portion of the judgment of the lower court was remanded. Reversed - changes to the contrary to opinion of the lower court/body.

How long can you be held in jail without being indicted in Mississippi?

Awaiting charges and languishing in jail Unless charged, the police must release the defendant. Laws may vary from state to state. Unlike California, where the police can only hold someone for 48 hours without charging them, Mississippi has no maximum time limits.

What does legal term capias mean?

A capias warrant is an official court document issued by the judge in court that authorizes police enforcement to arrest people for not showing up to a court hearing, not paying fines on time, or not following civil court rulings, such as child support.

How long can a felony charge be pending?

For most crimes, the state loses the power to charge you with a crime 5 years after the crime is committed. Like most other facets of the law there are exceptions, here are a few. If the crime committed was rape there is no statute of limitations.

Do bench warrants expire?

Warrants of arrest, which include both arrest and bench warrants, have no expiration date; they are cleared only when abated by death or when a defendant appears before a judge in the court that issued the warrant.

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