appealing a misdemeanor conviction

Rule 29: Appeals from Justice or Municipal Court is the rule that applies.

Appealing a misdemeanor conviction from Municipal Court or Justice Court in Mississippi is one of the more favorable types of appeals because you’re not stuck with the original trial—you get a fresh start.

The following summarizes the appeal process.

If you’re convicted in Municipal Court or Justice Court, you have a right to appeal to:

• County Court (if the county has one), or

• Circuit Court (if no County Court exists)

• Your appeal is a completely new trial

• The prior conviction does not carry over

• You must file a Notice of Appeal with the Circuit Clerk within 30 days of the conviction.

• This deadline is strict—missing it waives your right to appeal.

The amount of such cash deposit or bond shall be

determined by the judge of the lower court, payable to the State in an amount of

not less than One Hundred Dollars ($100.00) nor more than Twenty-Five

Hundred Dollars ($2,500.00). 

A cash

deposit, or bond with sufficient resident sureties (or licensed guaranty companies) to be approved by the circuit clerk, shall be given and conditioned

on appearance before the county or circuit court from day to day and term to

term until the appeal is finally determined or dismissed. The amount of such

cash deposit or appearance bond shall be determined by the judge of the lower

court.

The appeal is perfected upon completion of the following within 30 days of the conviction:

• Notice of Appeal filed with Circuit Clerk

• Post Cost Bond

• Post Appearance Bond

• The case is docketed in County or Circuit Court.

• It proceeds like a brand-new criminal case.

• Discovery

• Motions 

• Bench trial (judge only)