Khalaf & Nguyen has extensive experience representing clients charged with felonies and misdemeanors

A criminal case in Mississippi generally follows this sequence of events, whether the charge is a misdemeanor or felony, although felonies involve more formal steps:

• A person is taken into custody based on probable cause or a warrant.
• Misdemeanor charges may result in a citation instead of arrest.

• Must occur within 48 hours of arrest.
• The judge informs the defendant of the charges, appoints an attorney if needed, and sets bail.

• Determines if there’s probable cause to proceed.
• The judge may bind the case over to the grand jury.
• If not bonded out, then have a bond reduction hearing

• A secret panel of citizens reviews evidence.
• If probable cause exists, they issue an indictment (formal charge).
• If not indicted, then the grand jury will "No Bill" the case

• The defendant is formally advised of the charges.
• Pleads guilty or  not guilty,
• It is customary to enter a plea of not guilty and to waive the reading of the indictment.

• Both sides exchange evidence.
• Motions may be filed to suppress evidence or dismiss charges.

• Most cases resolve here.
• The prosecution and defense negotiate a plea deal, often resulting in reduced charges or sentencing.

• Bench trial (judge only) or jury trial (12 jurors in felony cases).
• The prosecution must prove guilt beyond a reasonable doubt.

• If found guilty, sentencing may occur immediately or later - all 12 jurors must find the defendant guilty
• If all 12 jurors do not find the defendant guilty, then the jury can return a verdict of not guilty or the judge can declare a mistrial.
• Mississippi uses sentencing guidelines, and enhancements like habitual offender status can increase penalties.

The defense may appeal to the Mississippi Court of Appeals or Supreme Court.

• Justice Court / Municipal Court – Initial appearances, misdemeanors, and traffic violations.
• Circuit Court – Felony trials and appeals from lower courts.
• County Court – Some counties have these; they handle youth and lower-level felony matters.
• Supreme Court of Mississippi / Court of Appeals – Handle appeals.

In Mississippi, DUI (Driving Under the Influence) is governed primarily by Miss. Code Ann. § 63-11-30. The penalties and legal consequences vary significantly based on the number of prior offenses and other aggravating factors.

A holder of a Commercial driver license (CDL) will have additional penalties imposed.

A person can be charged with DUI if they:

1. Operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or
2. Operate under the influence of alcohol, controlled substances, or any other intoxicating substance that impairs the ability to drive.

NOTE: For drivers under 21, the BAC limit is 0.02%.

For drivers holding a CDL , the BAC limit is 0.04%

• Child in the vehicle: Enhanced penalties

• Causing injury or death: Charged as felony DUI, with up to 25 years imprisonment under § 63-11-30(5)

Mississippi drivers impliedly consent to chemical testing. Refusal results in:

• License suspension: 90 days for first refusal; longer for repeat refusals

• Refusal can still result in DUI conviction based on officer observations and other evidence

In Mississippi, if your driver's license is suspended for refusing a chemical test under the Implied Consent Law (Miss. Code Ann. § 63-11-23), you have the right to appeal the suspension, but you must act quickly and follow specific procedures.

If you refuse a chemical test (breath, blood, urine), your license can be suspended for:

• 90 days for a first refusal
• 1 year or more for subsequent refusals

This suspension is administrative and independent of any criminal DUI

Expungement is only available for first offenses, after 5 years and if the offender completed all terms

In Mississippi, non-adjudication of a first DUI offense is possible under Miss. Code Ann. § 63-11-30(14), but it’s not automatic — it depends on several strict conditions and the judge’s discretion.

To qualify, the defendant must:

1. Have no prior DUI convictions or prior non-adjudicated DUIs.
2. Enter a guilty plea to the DUI charge - the guilty plea will be withheld pending the completion of the terms and conditions imposed by the Court.
3. Agree to meet certain conditions imposed by the court.
4. Complete the Mississippi Alcohol Safety Education Program (MASEP).
5. Install an ignition interlock device on any vehicle they drive, if ordered.
6. Pay all fines, court costs, and fees, including the non-adjudication program fee.

• The court must approve the non-adjudication — it is not guaranteed, even if the defendant is eligible.
• If the person violates any conditions, the court may revoke non-adjudication and impose the full sentence.
• The DUI charge remains on record during the supervision period and is only dismissed after successful completion.

If all conditions are met:

• The court will dismiss the DUI charge.
• The person can then request an expungement of the arrest and court record.

• If you've had any previous DUI conviction or non-adjudicated DUI.
• If the DUI involved an accident with injury or aggravating factors.
• A holder of a Commercial Driver License (CDL) does not qualify for non-adjudication.

Pre-Trial Intervention (PTI) in Mississippi is a program designed to offer certain first-time, non-violent offenders an opportunity to avoid criminal prosecution by completing a court-supervised program. 

Pre-Trial Intervention is a diversionary program intended to rehabilitate rather than punish. It allows eligible defendants to have their charges dismissed upon successful completion of the program, meaning they avoid a criminal conviction on their record.

Eligibility is not automatic and typically includes:

• First-time offenders
• Non-violent charges (such as some drug offenses, theft, or property crimes)
• No prior convictions or participation in PTI
• The victim’s consent (in some cases, especially involving restitution or personal injury)
• Approval by the District Attorney (DA) and the court

A participant may be required to:

• Attend counseling or treatment (e.g., substance abuse)
• Perform community service
• Make restitution to victims
• Submit to drug testing
• Remain arrest-free during the program

Program length typically ranges from 6 months to 2 years, depending on the offense and local program policies.

• Charges are dismissed upon successful completion
• No criminal conviction on the record
• Possible eligibility for expungement

If a participant fails to complete the program (e.g., by being arrested again, not completing requirements), the original criminal case is reinstated and prosecuted as normal.

In Mississippi, Drug Court is a well-known alternative to traditional incarceration for individuals with substance abuse-related offenses, but it’s not the only option. Depending on the case and jurisdiction, several alternatives to Drug Court may be available for eligible defendants.

Drug Court in Mississippi is a structured, court-supervised program designed to help individuals with substance abuse issues avoid prison and recover from addiction. It provides intensive treatment, close supervision, and accountability instead of traditional incarceration, primarily for non-violent offenders.

• Reduce recidivism and substance abuse
• Provide treatment instead of incarceration
• Promote long-term recovery and reintegration into society

Mississippi has several types of drug courts:

1. Adult Felony Drug Court – most common; for non-violent felony offenders
2. Juvenile Drug Court – for youth charged with drug-related offenses
3. Misdemeanor Drug Court – in some municipal or justice courts

Eligibility varies by judicial district but usually includes:

• Non-violent offense
• Evidence of substance abuse or addiction
• No prior violent felony convictions
• Defendant must voluntarily agree to participate
• Approval by the District Attorney and the judge

Drug Court is a multi-phase program typically lasting 18 to 36 months and includes:

• Mandatory drug/alcohol treatment
• Frequent court appearances
• Random drug testing
• Regular check-ins with probation officers
• Education and employment requirements
• Community service
• Sanctions for non-compliance and rewards for progress

• Avoidance of prison or jail
• Dismissal or reduction of charges in some cases
• Improved access to treatment and support services
• Eligibility for expungement in some cases

• Sanctions such as increased drug testing, jail time, or community service
• Repeated non-compliance may lead to termination from the program and full sentencing on the original charge

• Upon successful completion, some participants may be eligible for expungement of their charges under Mississippi law (especially for first-time drug offenses), but this is not automatic — a separate petition must be filed with the court.

In Mississippi, the sex offender registration system is tier-based, primarily following federal standards under the Adam Walsh Child Protection and Safety Act (SORNA), but with some state-specific adaptations. The Mississippi Sex Offender Registration Law classifies offenders into three tiers based on the severity of the offense and perceived risk of reoffending.

(2)A person required to register for a registrable sex offense under Section 45-33-25 may petition the circuit court of the sentencing jurisdiction, or for a person whose duty to register arose in another jurisdiction, the county in which the registrant resides, to be relieved of that duty under the following conditions:(a)The offender has maintained his registration in Mississippi for the required minimum registration from the most recent date of occurrence of at least one (1) of the following: release from prison, placement on parole, supervised release or probation or as determined by the offender’s tier classification. Incarceration for any offense will restart the minimum registration requirement. Registration in any other jurisdiction does not reduce the minimum time requirement for maintaining registration in Mississippi.

Lowest level of offense.

(i)Tier One requires registration for a minimum of fifteen (15) years in this state and includes any of the following listed registrable sex offenses:1.Section 97-5-27(1) relating to dissemination of sexually oriented material to children;
2.Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;
3.Section 97-29-3 relating to misdemeanor sexual intercourse between teacher and student;
4.Section 97-29-45(1)(a) relating to obscene electronic communication;
5.Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;
6.Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier;
7.Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had, although registration would not be otherwise required in this state.

(ii)Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon fifteen (15) years’ satisfaction of the requirements of this section for the convictions classified as Tier One offenses.

Moderate level of offense.

(i) Tier Two requires registration for a minimum of twenty-five (25) years in this state and includes any of the following listed registrable sex offenses:1.Section 97-5-33(3) through (9) relating to the exploitation of children;
2.Section 97-29-59 relating to unnatural intercourse;
3.Section 97-29-63, relating to filming another without permission where there is an expectation of privacy;
4.Section 97-3-104 relating to crime of sexual activity between law enforcement or correctional personnel and prisoners;
5.Section 43-47-18(2)(a) and (b) relating to gratification of lust or fondling by health care employees or persons in position of trust or authority;
6.Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;
7.Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier; or
8.Any conviction of a Tier One offense if it is the offender’s second or subsequent conviction of a registrable sex offense;

(ii)Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon twenty-five (25) years’ satisfaction of the requirements of this section for the convictions classified as Tier Two offenses.

Highest level, for the most serious offenses.

(d) Tier Three. — Tier Three requires lifetime registration, the registrant not being eligible to be relieved of the duty to register except as otherwise provided in this section, and includes any of the following listed registrable sex offenses:(i)Section 97-3-65 relating to rape;
(ii)Section 97-3-71 relating to rape and assault with intent to ravish;
(iii)Section 97-3-95 relating to sexual battery;
(iv)Subsection (1) or (2) of Section 97-5-33 relating to the exploitation of children;
(v)Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;
(vi)Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(vii)Section 97-3-53 relating to kidnapping if the victim is under the age of eighteen (18);
(viii)Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor;
(ix)Section 97-3-54.3 relating to aiding, abetting or conspiring to violate antihuman trafficking provisions;
(x)Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(xi)Section 43-47-18 relating to sexual abuse of a vulnerable person by health care employees or persons in a position of trust or authority;
(xii)Section 97-5-39(1)(c) relating to contributing to the neglect or delinquency of a child, felonious abuse and/or battery of a child, if the victim was sexually abused;
(xiii)Capital murder when one (1) of the above described offenses is the underlying crime;
(xiv)Any conviction for violation of a similar law of another jurisdiction or designation as a sexual predator in another jurisdiction;
(xv)Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier; or
(xvi)Any conviction of a Tier Two offense if it is the offender’s second or subsequent conviction of a registrable sex offense.

• Offenders must register in-person every 90 days (Tier III), biannually (Tier II), or annually (Tier I) depending on their tier.
• Mississippi requires registration even if the offender moves from another state and was required to register there.
• Failure to register or update information is a felony.

Posting a bond in Mississippi is a process by which a defendant (or someone on their behalf) provides financial assurance to the court that the defendant will appear for future court proceedings. Here's a breakdown of how it typically works:

• Cash Bond: The full amount of the bond is paid in cash to the court. It is refundable (minus court fees or fines) if the defendant complies with all court appearances.

• Surety Bond: A bail bondsman posts the bond on behalf of the defendant for a non-refundable fee (typically 10–15% of the bond amount).

• Property Bond: Real estate may be used as collateral. This is less common and may require a formal valuation and lien process.

• Recognizance Bond (ROR): The judge allows release without payment, based on the defendant’s promise to appear and ties to the community.

• After arrest, a judge or magistrate usually sets the bond amount at the initial appearance (typically within 48 hours).

• The court considers:
• Flight risk
• Danger to the community
• Nature of the charges
• Criminal history

• Cash: Paid directly to the jail or courthouse.

• Surety: Coordinated through a licensed bail bonding company. A co-signer and collateral may be required.

• Property: Requires approval from the court and may involve paperwork showing clear title and value.

• The defendant is released from jail with conditions (e.g., no contact with victims, drug testing).

• Missing court or violating conditions may result in:
• Bond forfeiture
• Re-arrest
• New charges

• Cash bonds are refunded (less fees/fines) after the case ends.

• Surety bonds are not refundable — the fee is the bondsman’s payment.

Bond revocation in Mississippi happens when the court cancels a previously granted bond, resulting in the defendant being taken back into custody. This can happen for several reasons and has serious consequences.

• Failure to appear in court (FTA)

• Violating conditions of release, such as:
• Contacting alleged victims
• Failing drug tests
• Committing a new crime while out on bond

• Tampering with witnesses or evidence

• Threatening public safety

• Motion to revoke may be filed by the prosecutor or court.

• A bond revocation hearing is held where:
• The court reviews the alleged violation.
• The defendant can present evidence or testimony.
• If the judge finds the violation credible, bond may be revoked.

• Immediate arrest and detention until trial.

• The judge may:
• Deny further bond entirely.
• Set a higher bond with stricter conditions.
• The original bond may be forfeited, especially in FTA cases.

(1)Excessive bail shall not be required, and all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses (a) when the proof is evident or presumption great; or (b) when the person has previously been convicted of a capital offense or any other offense punishable by imprisonment for a maximum of twenty (20) years or more.

(2)If a person charged with committing any offense that is punishable by death, life imprisonment or imprisonment for one (1) year or more in the penitentiary or any other state correctional facility is granted bail and (a) if that person is indicted for a felony committed while on bail; or (b) if the court, upon hearing, finds probable cause that the person has committed a felony while on bail, then the court shall revoke bail and shall order that the person be detained, without further bail, pending trial of the charge for which bail was revoked. For the purposes of this subsection (2) only, the term “felony” means any offense punishable by death, life imprisonment or imprisonment for more than five (5) years under the laws of the jurisdiction in which the crime is committed. In addition, grand larceny shall be considered a felony for the purposes of this subsection.

(3)In the case of offenses punishable by imprisonment for a maximum of twenty (20) years or more or by life imprisonment, a county or circuit court judge may deny bail for such offenses when the proof is evident or the presumption great upon making a determination that the release of the person or persons arrested for such offense would constitute a special danger to any other person or to the community or that no condition or combination of conditions will reasonably assure the appearance of the person as required.

(4)In any case where bail is denied before conviction, the judge shall place in the record his reasons for denying bail. Any person who is charged with an offense punishable by imprisonment for a maximum of twenty (20) years or more or by life imprisonment and who is denied bail prior to conviction shall be entitled to an emergency hearing before a justice of the Mississippi Supreme Court. The provisions of this subsection (4) do not apply to bail revocation orders.