CRIMINAL LAW QUESTIONS
What are my rights if I am arrested?
1. The right know the charges against you.
2. The right to talk to an attorney.
3. The right to remain silent. For more information on the right to remain silent, click HERE.
What is the difference between a misdemeanor and a felony?
A felony is usually much more serious than a misdemeanor. With a felony, your potential jail time is a year or longer. A misdemeanor is punishable by a prison sentence of no more than a year.
Should my lawyer be present when questioned?
YES. If you are questioned about your possible involvement in criminal activity, it is virtually always best to talk to your lawyer first.
Should I exercise my right to remain silent?
YES. If any law enforcement officer is questioning you as a potential suspect, you should assert your right to remain silent. Speaking with the police usually increases your chances of being convicted. Your words may be twisted around and used against you.
What is bail?
Bail is money or property that is deposited with the court to make sure that you show back up in court at the required time.
How is bail set?
Judges are responsible for setting bail. The amount of your bail should not be more than what is reasonably necessary to make sure you report back for your next court date. The Eighth Amendment prohibits the setting of an excessive bail. There are also situations you may be released without bail “on their own recognizance.”
What is a preliminary hearing?
If you are formally charged with a crime, you are entitled to a preliminary hearing at which time the prosecutor must show that there is enough evidence of the crime to warrant a trial. Unless the judge finds that there is enough evidence to support the charges, the case cannot move forward.
What is a grand jury?
In felony cases, prosecutors may present evidence to a grand jury who will decide whether an indictment should be returned. The proceedings are secret.
What is an arraignment?
Your first appearance in court after an arrest is called an arraignment. At your arraignment, the court will tell you what you are charged with; you will be asked to enter your plea of “guilty” or “not guilty”; bail can be set, raised or lowered; and your trial date may be set. You have a right to be arraigned without unnecessary delay.
How are attorney fees paid?
Most criminal cases are handled for a nonrefundable flat fee. However, some cases may be handled on an hourly basis with a retainer.
What is sentencing?
Sentencing is the procedure where the punishment is decided and imposed. Sentencing occurs after a guilty plea or conviction.
What are Federal Sentencing Guidelines?
The Federal Sentencing Guidelines provide judge with a recommended range of potential jail time. The Sentencing Guidelines are advisory, not mandatory. The judge may decide that your case requires an upward or downward departure from the guidelines.
We represent people charged with state and federal crimes throughout the State of Mississippi.
Contact us online. or call 601-957-3101.
We welcome the opportunity to meet with you to discuss your specific case.