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Frequently Asked Questions About Criminal Cases

3. Once arrested on felony charges, how is the charge resolved?

In a felony case where the accused (commonly referred to as the "defendant") is unable to make bond, the defendant will be brought before a judge within a 48-72 hour period and the charge against him/her will be explained. This is called an initial appearance and usually lasts a very short period of time. The next step is that the defendant's case is presented to the grand jury for determination as to whether to indict or not. The indictment is the formal charge in a felony proceeding. 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. Once the not-guilty plea is entered, a trial is set on the court's docket. During the time period between arraignment and trial, the attorney for the defendant will collect the discovery in the case. Discovery is provided to the defense attorney by the State, and is in essence, a list of proof that the State plans to put on in the case to convict the defendant. The defendant and his attorney have a duty to provide discovery to the State of their witnesses, alibis, etc. The next phase is the trial or plea. This decision to plead guilty or go to trial is made by the defendant with the benefit of his counsel's advice. NOTE: The ultimate decision to plead guilty or to go to trial is that of the defendant.

At trial, there are three possible results:
1. Not Guilty = Case over.
2. Hung Jury = Case may be retried by the State if they so choose.
3. Guilty Verdict = Court will sentence as appropriate under state law.
If the jury finds the defendant guilty, he may appeal this decision to the Supreme Court of the State of Mississippi.
 
Brumley & Smith, LLC
Attorneys at Law
503 South State Street
Jackson, MS 39201
(601) 354-4DUI • (601) 354-4384 • (877) 354-4384

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