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

In Mississippi, when a criminal misdemeanor is “remanded to the file”, it usually means the judge is pausing the prosecution without dismissing the case entirely.

Here’s what that looks like:

• The case stays “on file” with the court but is inactive — no trial or further prosecution is happening right now.
• It’s often used in justice courts or municipal courts for first-time offenders or minor offenses, sometimes as part of an informal agreement between the defendant and the prosecutor.
• Conditions are usually involved — for example, the defendant might have to stay out of trouble, pay fines, or complete some program.
• If the defendant completes the conditions and doesn’t get re-arrested within a set period (often 6–12 months), the prosecutor may then dismiss the case.
• If the defendant violates the conditions, the prosecutor can pull the case “off the file” and put it back on the active trial docket.

It’s a bit like putting the case in the court’s “pending but inactive” drawer — not gone, but sleeping.

REMANDED TO THE FILE

• Meaning: The court puts the case on hold and removes it from the active docket.
• No guilty plea required: You usually don’t have to admit guilt — the case is just set aside.
• No conviction entered: Since the court hasn’t found you guilty, it doesn’t go on your criminal record as a conviction (though the charge still appears until dismissal).
• Conditions: You must stay out of trouble, and sometimes pay court costs or meet informal requirements.
• Outcome: If you comply for the set time (often 6–12 months), the prosecutor usually dismisses the charge. If you get in trouble, the case can be brought back to life.
• Informal tool: More common in justice/municipal courts, not heavily regulated by statute.

NONADJUDICATION

• Meaning: A formal, statutory process under Mississippi law (Miss. Code Ann. § 99-15-26 for most misdemeanors, other specific statutes for DUIs and drug cases).
• Guilty plea required: You must plead guilty or the court must find there’s enough evidence to convict.
• Court withholds adjudication: The judge does not formally enter the conviction.
• Conditions: Probation, fines, classes, treatment, or community service — spelled out in a court order.
• Outcome: If you complete everything successfully, the court dismisses the case and you may be eligible for expungement so the record is erased. If you violate terms, the court enters the conviction and sentences you.
• Formal record: Because it’s statutory, there’s paperwork and a clear trail in court records.

Yes — in most U.S. states, including Mississippi, if you are stopped while driving, you are legally required to show your driver’s license, proof of insurance, and vehicle registration when an officer requests them.

Here’s why:

• Driving is a privilege, not a right, and your license is proof you are authorized to operate a motor vehicle.
• Mississippi law (§ 63-1-5 and § 63-1-3) requires that you have your license in your immediate possession while driving and display it upon demand by a law enforcement officer.
• Refusing to show it could lead to a citation, arrest, or charges such as “failure to exhibit a license.”

If you’re not driving — for example, if you’re walking — your obligation changes. Mississippi does not have a broad “stop-and-identify” law for pedestrians, but officers can require identification if they have reasonable suspicion you’re involved in a crime.

If you’re walking in Mississippi, you generally do not have to show ID just because a police officer stops you — unless certain conditions apply.

Here’s the breakdown:

• No broad “stop-and-identify” law
  Mississippi does not require pedestrians to carry or present identification unless the officer has a specific legal basis.
• When you can be required to identify yourself
  If an officer has reasonable suspicion that you are involved in a crime (past, present, or about to happen), they can detain you briefly under Terry v. Ohio
  • You’re not legally required to have an ID card on you, but you can be required to verbally give your name and basic identifying information.
  • If you give false identifying information, you can be charged with a crime (false information to law enforcement).
• If you’re under arrest
  Once arrested, you must provide identifying information, and they can fingerprint you if needed.

So if you’re walking and just minding your business, you can politely ask, “Am I free to go?” If the officer says yes, you can leave without showing ID.

No — in Mississippi, you do not have to plead guilty at your initial appearance or arraignment.

Here’s how it works:

1. Initial appearance

• This usually happens within 48 hours of arrest.
• The judge tells you the charge(s), your rights, and may set bond.
• You normally do not enter a plea at this stage in a felony case. In misdemeanors, a plea might be taken, but you can still plead not guilty to preserve your options.

2. Arraignment

• This is when you’re formally asked to enter a plea.
• You can plead not guilty, which simply means “I’m not admitting this right now, and I want the state to prove its case.”
• Most defendants plead not guilty at arraignment, even if they later negotiate a plea deal, so they can review the evidence and discuss defenses with an attorney.

Bottom line:

• You’re never required to plead guilty right away.
• In felony cases, it’s almost never wise to do so at the first hearing.
• A “not guilty” plea holds your rights open and gives you time to strategize.

f you take your felony case to trial in Mississippi, the process unfolds in a series of steps — and it can be very different from the quick pace of an initial appearance or arraignment.

Here’s the typical path:

1. Pretrial phase

• Discovery: Both sides exchange evidence. You (through your attorney) can review police reports, bodycam/video, lab results, witness statements, etc.
• Motions: Your lawyer can file motions to suppress evidence (e.g., if obtained illegally), dismiss certain charges, or limit what the jury hears.
• Plea discussions: Even if you’re heading toward trial, prosecutors may offer plea deals along the way.

2. Jury selection (voir dire)

• In Mississippi felony trials, you have a right to a 12-person jury.
• Both sides question potential jurors and can challenge some for cause or strike a limited number without giving a reason.

3. Trial itself

• Opening statements: Each side outlines what they believe the evidence will show.
• Prosecution’s case: They present evidence and witnesses first. Your attorney can cross-examine.
• Defense’s case: You can present witnesses, documents, or other evidence — but you don’t have to testify (you can’t be forced to).
• Rebuttal: The prosecution may respond to defense evidence.

4. Closing arguments & jury deliberation

• Both sides summarize their positions.
• The jury must reach a unanimous verdict in felony cases.

5. Possible outcomes

• Not guilty (acquittal): You’re free, the case is over, and double jeopardy prevents retrial on the same charge.
• Guilty: The judge sets sentencing (often several weeks later).
• Mistrial: If the jury can’t agree (hung jury) or serious trial error occurs, the state may retry you.

6. Sentencing & appeals

• If convicted, you face sentencing according to Mississippi law for that felony.
• You can appeal, but an appeal focuses on legal errors, not simply disagreeing with the jury’s decision.

Risks vs. benefits of trial in Mississippi:

• Benefit: If you win, you walk away without a conviction.
• Risk: If convicted, you may face the maximum penalty allowed, sometimes without the benefit of a reduced sentence that could have come from a plea bargain.

If you take a misdemeanor to trial in Mississippi, the process is usually faster and simpler than a felony trial, but the basic idea is the same — the prosecution must prove your guilt beyond a reasonable doubt.

Here’s what to expect step-by-step:

1. Pretrial Phase

• Discovery: You or your attorney can request police reports, witness lists, and other evidence.
• Motions: You can ask the judge to throw out evidence obtained illegally or dismiss the case if there’s a legal flaw.
• Plea discussions: Prosecutors may offer a deal even up to the morning of trial.

2. Trial Type

• In municipal or justice court: Your trial is a bench trial (judge decides).

3. Trial Process

• Opening statements (optional in bench trials).
• Prosecution’s case: They call witnesses and present evidence.
• Cross-examination: Your attorney can question their witnesses.
• Defense’s case: You may call witnesses or testify (but you’re not required to testify).
• Closing arguments: Both sides summarize their case.

4. Verdict & Sentencing

• Not guilty: You’re acquitted and walk free; double jeopardy applies.
• Guilty: The judge sentences you immediately or soon after.
• In Mississippi, misdemeanors are punishable by up to 1 year in county jail and/or fines, depending on the offense.

5. Appeal Rights

• If convicted in municipal or justice court, you can appeal for a new trial in county court (or circuit court if there is no county court) — this is called a trial de novo (completely new trial, not just a review of the old one).
• If convicted in county court, you can appeal to circuit court, but that’s limited to reviewing legal errors.

Risk vs. reward:

• Benefit: If you win, no conviction, no fine, no jail.
• Risk: If convicted, you could get the maximum penalty allowed, which might be harsher than a plea deal.

No.  It’s not a good idea to talk to the investigator or police without a lawyer present if you are arrested.

Here’s why:

• Anything you say can be used against you in court, even if you think you’re just explaining or telling your side.
• Police officers and investigators are trained to gather evidence and may use your statements to build a case.
• You have a constitutional right to remain silent (5th Amendment) and the right to an attorney under the Miranda warning.
• Talking without legal advice can accidentally make you admit to things or contradict yourself later.

What to do instead:

• Politely say you want to speak with an attorney before answering questions.
• Don’t lie or provide false information, but you don’t have to answer any questions without your lawyer.
• If you don’t have a lawyer, ask for one or request a public defender.

Talking to a lawyer first helps you:

• Understand your rights clearly.
• Avoid self-incrimination.

If you believe you’ve been wrongfully arrested in Mississippi, meaning the police took you into custody without legal justification, you still have important rights and options:

What to do immediately:

• Stay calm and don’t resist arrest, even if you believe it’s wrongful. Resisting can lead to additional charges.
• Do not volunteer information or arguments at the scene—say politely that you want to speak to a lawyer.

After the arrest:

• Contact a criminal defense attorney ASAP to protect your rights and begin building your defense.
• Your attorney can review whether the police had probable cause or a valid warrant to arrest you.

Possible Legal Remedies:

• Motion to dismiss: Your lawyer can file motions to dismiss charges if the arrest lacked probable cause or violated your rights.
• Suppression of evidence: If your arrest was illegal, evidence obtained because of it might be excluded from trial.

Important:

Being wrongfully arrested doesn’t mean charges automatically go away. You have to actively fight it through the legal process with a lawyer’s help.

In Mississippi—as in all U.S. states—the police can search your car during a traffic stop only under certain conditions. They generally cannot just search your car without a valid reason. Here’s a quick breakdown:

When can police search your car during a traffic stop:

You give consent

• If you say “yes” when the officer asks to search your vehicle, they can legally search it.
• You have the right to say no.

Probable cause

• If the officer has a reasonable belief (based on facts and circumstances) that your car contains evidence of a crime (e.g., drugs, weapons), they can search without your permission or a warrant.
• For example, if they smell marijuana or see something illegal in plain view.

Search incident to arrest

• If you are arrested during the stop, the police can search the passenger compartment of your car to protect officer safety or prevent destruction of evidence.

Protective sweep / officer safety

• If the officer reasonably believes you are dangerous and may access a weapon in the car, they may search for weapons.

Inventory search

• If your car is impounded, police may conduct an inventory search of the vehicle to document its contents.

What police cannot do:

• Search your car just because they stopped you for a traffic violation without probable cause or your consent.
• Force you to consent to a search (you can say no politely).

What you should you:

• Politely decline consent to search if you don’t want your car searched. You can say: “Officer, I do not consent to a search.”
• Remain calm and respectful.
• If the police search without consent and without probable cause, evidence found may be excluded from court (your lawyer can challenge it).

Even if you’re innocent, having a lawyer is super important because:

1. Protecting Your Rights: A lawyer knows your legal, Constitutional rights and makes sure the police, prosecutors, and courts don’t violate them.
2. Understanding the Process: Criminal cases can be confusing and complicated. A lawyer guides you through every step — from arraignment to trial — so you don’t accidentally harm your case.
3. Building Your Defense: Even if you’re innocent, the prosecutor might still try to convict you. A lawyer will gather evidence, talk to witnesses, challenge weak points in the prosecution’s case, and build a strong defense.
4. Negotiating on Your Behalf: Sometimes, there might be a chance to reduce charges or get a better deal even if you’re innocent — for example, if the evidence isn’t clear or there are procedural issues. A lawyer can negotiate that for you.
5. Avoiding Mistakes: Without a lawyer, you might say something that gets misinterpreted or refuse a plea without understanding the consequences. Innocence doesn’t always protect you from legal pitfalls.

Bottom line: the legal system isn’t just about truth — it’s about procedure, evidence, and strategy. A lawyer helps make sure your innocence is clearly and effectively presented and protects you from unfair treatment.

Grand Jury

• Purpose: To decide whether there is enough evidence to formally charge someone with a crime (called an indictment).
• When it’s used: Usually in felony cases before a trial begins.
• Who’s involved: A group of citizens (often 16-23 people) who listen to the prosecutor’s evidence but don’t determine guilt or innocence.  
• Process: It’s more secretive; the defense doesn’t attend, present evidence or cross-examine witnesses.
• Result: They decide “yes” or “no” on whether to indict (formally charge) the person so the case can proceed to trial.

Jury

• Purpose: To decide whether the defendant is guilty or not guilty after hearing evidence in a trial.
• When it’s used: At the trial stage.
• Who’s involved: Usually 6-12 citizens, depending on the case and jurisdiction.
• Process: They hear both the prosecution’s and defense’s evidence, witness testimony, and arguments.
• Result: They deliver a verdict of guilty or not guilty based on the facts presented.

In short:

• Grand jury: Decides if there’s enough evidence to charge you.
• Petit jury: Decides if you’re guilty or not after the trial.

Misdemeanor

• Severity: Less serious crimes.
• Examples: Minor theft, simple assault/domestic violence, traffic offenses, public intoxication, some drug possession cases.
• Punishment: Usually fines, probation, community service, or jail time less than one year (often served in a local or county jail).
• Impact: Misdemeanors typically have less long-term impact on your record but can still affect jobs, housing, and other opportunities.

Felony

• Severity: More serious crimes.
• Examples: Murder, rape, robbery, burglary, drug trafficking, aggravated assault.
• Punishment: Longer prison sentences (more than one year, served in state or federal prison), hefty fines, and loss of certain rights (like voting or owning firearms).
• Impact: Felony convictions carry heavier consequences and can seriously affect your life for years.

In summary:

• Misdemeanors = less serious, shorter jail time or fines.
• Felonies = more serious, longer prison time, and bigger consequences.

To prove a crime in Mississippi — like in most places — the prosecution must establish certain key elements beyond a reasonable doubt. The exact elements vary depending on the specific crime, but generally, the basic elements of a crime are:

1. Actus Reus (The Guilty Act)

• The defendant must have committed a voluntary act or omission that is prohibited by law.
• This means some physical action or failure to act when there is a legal duty to do so.

2. Mens Rea (The Guilty Mind)

• The defendant must have had a criminal intent or mental state when committing the act.
• This can be intentional, knowing, reckless, or negligent depending on the crime.
• Some crimes don’t require intent (strict liability crimes).

3. Concurrence

• The guilty mind and guilty act must occur together — the intent must lead to the act.

4. Causation

• The defendant’s act must have caused the harm or result that the law forbids.
• This means the crime’s outcome (injury, damage, etc.) is directly linked to the defendant’s conduct.

5. Harm or Result

• Some crimes require proof that a specific harm or result occurred, like injury, death, or property damage.

Example of aggravated assault:

• Actus Reus: Defendant intentionally hit the victim.
• Mens Rea: Defendant intended to cause harm or knew harm was likely.
• Concurrence: The intent to harm was present at the time of hitting.
• Causation: The hitting caused injury.
• Harm: Victim suffered injury.

Yes.  In Mississippi, anyone can technically sign a misdemeanor affidavit, which is a sworn statement alleging that a misdemeanor crime has occurred. This affidavit can be used to start the process for misdemeanor charges.

You could potentially sue the person who filed a false affidavit, especially if it caused you harm and the charges were dismissed.  But these cases can be complex and hard to win.  

In Mississippi, like everywhere in the U.S., a defendant in a criminal case has a set of important constitutional and statutory rights designed to ensure a fair process. Here are some of the key rights a defendant has:

1. Right to Due Process

• You have the right to fair treatment through the normal judicial system.
• This includes notice of charges, a fair hearing, and an opportunity to defend yourself.

2. Right to an Attorney

• You have the right to be represented by a lawyer.
• If you cannot afford one, the court must appoint a public defender.

3. Right to Remain Silent and Protection Against Self-Incrimination

• You don’t have to testify or answer questions that might incriminate you.
• Anything you say can be used against you.

4.Right to a Speedy and Public Trial

• The trial must happen within a reasonable time.
• It must be open to the public to ensure fairness.

5. Right to a Jury Trial

• In most felony and some misdemeanor cases, you have the right to have a jury of your peers decide your guilt or innocence.

6. Right to Confront Witnesses

• You can cross-examine the prosecution’s witnesses.
• You can challenge evidence presented against you.

7. Right to Present a Defense

• You can call witnesses, present evidence, and testify if you choose.

8. Right to be Presumed Innocent

• You are presumed innocent until the prosecution proves you guilty beyond a reasonable doubt.

9. Right to Notice of Charges

• You must be formally informed of the charges against you.

10. Right to Bail

• You may have the right to be released on bail before trial, depending on the circumstances.

Mississippi also has some state-specific rules, but these are the fundamental rights you can rely on if you face criminal charges.