Mississippi Frequently Asked Criminal Defense Questions

Answers from Our Criminal Defense Lawyer

When dealing with criminal charges in Mississippi, the last thing you want to do is go through it alone. At Calderón Law, we are passionate about guiding our clients through difficult cases and helping them achieve their goals. For your convenience, we have answered some of the most frequently asked questions about criminal defense below. 

If you still have questions, please do not hesitate to contact our knowledgeable attorney at (662) 594-2439. Our staff is ready to help you today!

How long does it take to resolve a criminal case?

The duration of each criminal case depends upon specific factors like the seriousness of the charge, the complexity of the case, the wishes of the defendant, and the evidence brought by the prosecution. A criminal case can be completed in as little as two months or at times as long as two years.

When should I talk to the police?

When the police are questioning you after an arrest, never make any statements without a lawyer by your side. The only response you should give to law enforcement is, “I would like to speak to my lawyer.” Choosing to provide more information could end up being used against you in court.

What is an arraignment?

An arraignment is the initial formal proceeding before a court in a criminal matter.

The arraignment involves a number of facets, including:

• The court tells the defendant the crimes that are being charged
• The court tells the defendant that he or she has a right to a lawyer
• The defendant enters a plea of guilty or not guilty
• The judge sets bail and any conditions of bail

What is bail and how does it work?

Bail refers to the release of suspects from custody prior to their hearing, on payment of money or pledge of property to the court. This payment will be returned to the defendant if he or she shows up to the trial. The purpose of bail is to allow those who are facing criminal charges to get out of prison to adequately prepare for their cases.

What is the difference between a misdemeanor and a felony in Mississippi?

A felony is a more serious charge than a misdemeanor, and therefore usually results in larger fines, longer jail time, and sometimes the loss of certain rights. With the help of a skilled lawyer, it is possible to have charges reduced from a felony to a misdemeanor, which can result in less severe penalties.

What Is Reasonable Doubt?

Reasonable doubt is a key principle in criminal law that plays a critical role in determining a defendant's guilt. In Mississippi, as in other states, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This means that the evidence presented must be so convincing that there is no reasonable uncertainty in the mind of a juror about the defendant's guilt. If any doubt remains, and it is based on reason and common sense rather than speculation, the jury is required to acquit the defendant.

The burden of proving guilt rests entirely on the prosecution, and the defense is not required to prove innocence. Instead, the defense’s role is to challenge the evidence presented, pointing out inconsistencies, weaknesses, or missing elements. Reasonable doubt serves as a safeguard to prevent wrongful convictions, ensuring that no one is punished unless the evidence establishes guilt with a high degree of certainty.

For individuals facing criminal charges, understanding reasonable doubt is essential. It is a powerful standard that protects the accused from unjust outcomes and ensures that every element of the crime is proven before any conviction can be made.