If you or a loved one has been arrested in Mississippi, one of the first steps in the criminal process is something called an arraignment. It’s a legal term that might sound confusing, but it’s actually a straightforward (and very important) part of what happens after an arrest. In this post, we’ll walk you through what an arraignment is, how it works in Mississippi, and what to expect.
What Is an Arraignment in Mississippi?
An arraignment is the first formal court appearance after someone is charged with a crime in Mississippi. At this hearing, the person accused (called the defendant) is officially told what charges they’re facing and asked to enter a plea — guilty, not guilty, or no contest. An arraignment is not a trial. No one is found guilty or innocent at this stage. It’s just the starting point of the court process.
When Does Arraignment Happen in Mississippi?
In Mississippi, the timing of the arraignment depends on whether the case is a misdemeanor or a felony. For misdemeanors (less serious crimes), arraignment may happen in Municipal Court or Justice Court, sometimes right after the arrest. For felonies, once the case is sent to a Grand Jury and an indictment is returned, the arraignment will take place in Circuit Court. If the person is in jail, Mississippi law generally requires the arraignment to happen within a reasonable time — usually within a few days of the arrest or indictment.
What Happens During an Arraignment?
Here’s a basic rundown of what happens at an arraignment in a Mississippi court.
Reading of the Charges: The judge reads the criminal charges out loud, so the defendant fully understands what they’re accused of.
Right to a Lawyer: The judge will ask if the defendant has a lawyer. If not, and the person can’t afford one, the court will appoint a public defender or other attorney to help.
Entering a Plea: The defendant must respond to the charges by entering a plea of either not guilty (the person denies the charges and the case moves forward), guilty (the person admits to the crime and may be sentenced soon after), or no contest (the person does not admit guilt, but also doesn’t dispute the charges). Keep in mind that a no-contest plea may not always be available in all Mississippi courts and depends on the judge.
Most people plead not guilty at this stage, especially if they haven’t reviewed the evidence or talked with a lawyer yet.
Setting Bail or Release Conditions
If the defendant is still in custody, the judge may decide on bail — an amount of money paid to the court to ensure the person returns for future hearings. In some cases, a person may be released on their own recognizance (meaning no money paid, but they promise to return).
Scheduling the Next Step
The judge will schedule the next court appearance. For misdemeanors, that might be a trial date. For felonies, it may be a pretrial conference or motion hearing.
Why Is the Arraignment Important?
The arraignment may be short, but it’s a big moment. It’s the official start of the criminal case. The defendant’s rights are explained, the charges are made clear, and the wheels of the legal system start turning.
This is also the time when having a defense attorney is crucial. A lawyer can help protect your rights, guide you through what’s coming next, and start building a strong defense right away.
Talk to a Mississippi Criminal Defense Attorney Today
Facing criminal charges in Mississippi can feel overwhelming. But you don’t have to go through it alone. At Vic Carmody Jr., P.A., we’re experienced in handling arraignments and criminal cases across the state — from misdemeanors in Municipal Court to serious felonies in Circuit Court. If you or a loved one has an upcoming arraignment, give us a call for a consultation. We’ll explain your options and fight for the best possible outcome.