When someone is charged with a crime in Mississippi, there are three primary ways that criminal cases formally begin. Understanding these processes can help you know what to expect if you or a loved one are facing criminal charges.
1. Charging Affidavit (Justice or Municipal Court)
One of the most common ways a criminal case begins in Mississippi is through a charging affidavit. This happens in either Justice Court or Municipal Court.
What is a Charging Affidavit?
A charging affidavit is a written statement, sworn under oath, by the person making the complaint. This statement accuses someone of committing a crime. Once the affidavit is filed, the judge reviews the affidavit and any available evidence to determine whether there is probable cause to believe:
- a crime was committed and
- that the accused person committed it.
If the judge finds enough evidence, they issue an arrest warrant, and law enforcement takes action. If the judge does not find probable cause, the case does not move forward, and the charges do not proceed.
2. Grand Jury Indictment (Felony Cases in Circuit Court)
For felony cases, the process is different. The initial arrest can be supported by a charging affidavit, but a felony charge moves forward against a person when an indictment is issued by a grand jury.
A grand jury is a group of citizens who listen to evidence presented by the prosecutor. Their job is to determine whether there is probable cause to formally charge someone with a felony. If they find enough evidence, they issue an indictment, and the case moves forward in circuit court.
Grand jury indictments are typically used for serious crimes, including:
• Drug offenses
• Violent crimes
• Financial crimes
• Felony DUIs
If the grand jury does not find probable cause, they issue what is called a “no bill” and case does not proceed.
3. Bill of Information (Plea Agreements in Circuit Court)
A bill of information is a less common way for criminal cases to formally begin. This method is used when a defendant agrees with the State of Mississippi to plead guilty to lesser charges than those in an indictment. The defendant must waive their right to a grand jury indictment in order to go forward under a bill of information.
A bill of information is often used in plea deals where both sides negotiate a resolution without going to trial. This process takes place in circuit court and typically helps move cases along faster than a full indictment process.
Final Thoughts
If you or someone you know is facing criminal charges in Mississippi, understanding how cases formally begin is essential. Whether through a charging affidavit, grand jury indictment, or bill of information, every case follows a legal process that determines what happens next.
At Eichelberger Law Firm, we have extensive experience defending clients at every stage of the criminal justice process. If you’re facing charges, don’t wait—contact us today to discuss your case and protect your rights.