When people hear "grand jury," they often think of federal court or dramatic TV scenes—but grand juries play a major role in Mississippi’s state court system too. If you or someone you care about is facing a possible felony charge, understanding the grand jury process can help reduce some of the anxiety that comes with the unknown.
What Is a Grand Jury?
A grand jury in Mississippi is a group of 15 to 20 citizens chosen from the jury pool. Their job isn’t to decide guilt or innocence—that’s the role of a trial jury. Instead, a grand jury decides whether there’s probable cause to charge someone with a felony and proceed to trial.
They meet in secret (by law), hear evidence presented by the prosecutor, and vote on whether to issue an indictment—that’s the formal charge that sends a case to Circuit Court.
When Does a Grand Jury Get Involved?
In Mississippi, grand juries are used almost exclusively for felony cases. If someone is arrested for a felony, the case typically starts in Justice Court for the initial appearance and preliminary hearings. But before the case can move to Circuit Court for trial, it must go through the grand jury.
Some key points:
- You won't get to present your side of the story to the grand jury.
- The defendant, and often their lawyer, are not allowed in the room.
- The process is controlled by the prosecutor.
How Often Do Grand Juries Meet?
Each county's grand jury usually meets once every court term, which might be two or three times a year depending on the county’s size. The local Circuit Court judge convenes the grand jury and gives them instructions on the law.
What Is an Indictment?
If at least 12 of the grand jurors believe there’s enough evidence to move forward, they issue an indictment. This means the case can now be prosecuted in Circuit Court.
But if they don’t indict? The case may be dismissed or set aside for more investigation. That doesn’t mean the case is over forever—but it’s a significant delay or hurdle for the prosecution.
How Does This Fit Into the Bigger Picture?
The grand jury is part of a bigger system designed to prevent people from being wrongly charged with serious crimes. But in practice, grand juries almost always indict—because they only hear the prosecution’s version of events.
That’s why having a strong legal defense early on matters. At the Eichelberger Law Firm, we help clients take steps before, during, and after the grand jury process. In some cases, we may even be able to work with prosecutors to resolve the case before an indictment happens.
Final Thoughts
Every case is different, and the grand jury process can feel mysterious and one-sided. But you don’t have to face it alone. If you or a loved one is under investigation or facing a felony charge, it’s critical to talk to a Mississippi criminal defense lawyer as early as possible.
Call Matt Eichelberger at the Eichelberger Law Firm for a free consultation—we’re here to help.