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How long can you be held in jail before seeing a judge in Mississippi?
(3) if not released pursuant to subsections (b)(1) or (b)(2), the accused shall be taken without unnecessary delay, and in no event later than forty-eight (48) hours after arrest, before a judge for an initial appearance.
How long after indictment does arraignment happen in Mississippi?
Arraignment, unless waived by the defendant, shall be held within thirty (30) days after the defendant is served with the indictment. When arraignment cannot be held within the time specified because the defendant is in custody elsewhere, it shall be held as soon as possible.
What does bound over to grand jury mean in Mississippi?
(f) Binding Over the Case to the Grand Jury. If, from the evidence, it appears that there is probable cause to believe that a felony has been committed, and that the defendant committed it, the judge shall bind the defendant over to await action of the grand jury. (g) Discharge of the Defendant.
How many grams is a felony in Mississippi?
Possession of 30 grams (second offense) or up between 30-250 grams is a felony, punishable by 3 years in prison and a $3,000 fine. Possession of 250-500 grams is a felony, punishable by 2-8 years in prison and a $50,000 fine.
What happens in a preliminary hearing Mississippi?
At a preliminary hearing the judge shall determine probable cause and the conditions for release, if any. All parties shall have the right to cross-examine the witnesses testifying and, subject to the provisions herein, introduce evidence. Only evidence relevant to these questions shall be adduced.
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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 happens at preliminary hearing Mississippi?
At a preliminary hearing the judicial officer shall determine probable cause and the conditions for release, if any. A finding of probable cause may be based on hearsay evidence. Objections to evidence on the ground that it was acquired by unlawful means are not properly made at the preliminary hearing.
What is a felony charge?
Any offense punishable by death or imprisonment for more than one year is called a felony. Felonies are the most serious crimes. The prosecutors and the courts handle felony cases differently from misdemeanor cases (cases that have shorter possible sentences).
What happens after indictment in Mississippi?
Once indicted, the next step is arraignment. The arraignment is where the defendant charged will plead guilty or not guilty. In most, if not all cases, the person charged will enter a not guilty plea at the arraignment. During the arraignment, the defendant will have the benefit of counsel.
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.
Related links
Trial Courts - State of Mississippi Judiciary
Mississippi has 22 County Courts and 30 County Court judges. Justice Court judges may conduct bond hearings and preliminary hearings in felony criminal
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