Mississippi Criminal Law Blog

What Is a Pretrial Hearing? A pretrial hearing is a court proceeding held before trial where the judge addresses procedural matters, evidentiary disputes, plea negotiations, and case-management issues. It is distinct from an arraignment – where the defendant enters an initial plea – and from the trial itself, where a jury or judge decides guilt.…

What Is a Motion of Discovery? A motion of discovery is a formal written request filed by the defense in a criminal case. It asks the prosecution to turn over evidence it plans to use at trial. It also requests exculpatory material – evidence favorable to the defense. The terms "motion of discovery" and "motion…

Can You Get a Felony Expunged in Mississippi? In Mississippi, certain felonies can be expunged under state law. But eligibility is limited. You must file a petition in the court where the conviction occurred. Under Mississippi law, a person convicted of a felony may petition for expungement of one conviction from all public records. Not…

What Counts as a Probation Violation in Mississippi? A probation violation is any failure to follow the terms of probation set by a Mississippi court. The judge who sentenced you sets those terms. The judge can also change them at any time while you are on probation. Breaking even one term can bring serious results.…

What Is a DUI Car Breathalyzer? A DUI car breathalyzer is an ignition interlock device wired into a vehicle's starter system. It requires the driver to blow a breath sample below the device's calibrated alcohol setting before the engine will start. If the breath reading is above that setting, the engine will not start. You…

What Is a Sentencing Enhancement? A sentencing enhancement is a factor that increases the punishment a court may impose beyond the base penalty for the underlying offense. When an enhancement applies, a defendant faces harsher consequences. These include longer prison terms, loss of parole eligibility, or elevation of the overall punishment category. Enhanced penalties can…

What Is a Bond Reduction Hearing? A bond reduction hearing is a court proceeding. In it, you or your lawyer ask a judge to lower the bail set after an arrest. The goal is to make bail something you can afford. The court still has to be sure you come back for later court dates.…

What Is a True Bill of Indictment? A true bill of indictment is a formal written finding by a grand jury that sufficient evidence exists to charge a person with a crime. So what is a true bill of indictment in practical terms? It means a group of citizens reviewed the prosecution's evidence and agreed…

What Is a Parole Violation in Mississippi? A parole violation occurs when a person released from prison on parole breaks any condition of supervised release. If you violate parole, what happens next can range from a warning to a return to prison for the rest of the sentence. Parole in Mississippi is a form of…

What Is the State of Mississippi Uniform Traffic Ticket? The State of Mississippi Uniform Traffic Ticket (UTT) is the standardized citation form that every Mississippi law enforcement agency uses to charge drivers with traffic violations. State troopers, county sheriffs, and municipal police officers all issue the same form. Mississippi adopted this system so that every…