Frequently Asked Questions

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• Jefferson Davis
• Lamar
• Lawrence
• Marion
• Pearl River

The District Attorney’s Office prosecutes felony criminal cases only (except for bad checks).

The Two Kinds of Crimes

 

Misdemeanor

Misdemeanor crimes are handled in justice and municipal courts. These are punishable by up to one year in the county jail, or a fine is imposed.

Felony

Felony cases are punishable for more than one year, with sentences served in the Mississippi Department of Corrections (MDOC).

The County or City Prosecuting Attorney prosecutes misdemeanor cases. 

The District Attorney’s Office does not set sentences. All sentences are decided by the Circuit Court Judges.

The Four Types of Sentences Judges Generally Give

 

Prison

The person serves time in a Mississippi Department of Corrections (MSOC) facility.

RID (Regimented Inmate Discipline) Program

This sentence requires a first offender to complete a “boot-camp-style” program conducted at the state prison. It includes drug and alcohol classes. If the person fails the program, they are transferred to the regular prison population to serve their sentences. If they successfully complete the program, the judge puts them on probation and requires them to pay restitution to the victim and fines and costs to the county. If they fail to carry out the terms of their probation, they will be sent to prison to serve their sentence. They must report monthly to a probation officer and are subject to random drug tests.

Probation

This is where the judge sentences a person to prison but suspends the sentence for a certain period of time (usually five years). The offender must follow “the conditions of the probation.”

Conditions That are Generally Included:

• Not Violating Any Law
• Paying Restitution to Victims
• Paying Fines & Court Costs
• Meeting with a Probation Officer Each Month
• Passing Random Drug Tests
• Keeping a Job
• Supporting Any Dependents
• Staying Away from the Victim

The judge may set other special conditions.

What to Expect

Probation is very difficult. About one third of the people put on probation are ultimately sent to prison. Only people who have no prior felony convictions are considered for probation.

Probation is not an option for crimes such as sex offenses, drug sales, murder, manslaughter, or aggravated assault (unless the victim of the assault does not object to the probation sentence). Many young offenders complete probation and do not violate the law again.

House Arrest

The defendant must remain in the residence while wearing an electronic device that prevents them from leaving. They must meet the same conditions as probation.

Defendants on house arrest are only allowed to leave the residence to go to work and for short periods to conduct personal business, such as going to the grocery store.

Generally, restitution is paid in monthly installments from the Circuit Clerk’s Office.

No. You should file them with the police department if the crime happened inside a city or with the sheriff’s department if it happened in the county.

Generally, these agencies have many cases they are working on. It is necessary for you to talk to the officer who investigated your case or one of the felony investigators. The police chief or the sheriff generally will not know all the details of the case and will have to track down the investigator and call you back.

It is best to speak with the investigator to start with. Many times, the person who answers the phone at the agency is a phone operator and will know nothing about the case, so again, ask for the person working on the case.

Generally, it will be presented to the first grand jury to be held after the case is bound over to the grand jury by the municipal or justice court judge. If it is bound over closely before the grand jury starts, it may be presented to the next grand jury. If the law enforcement agency does not have all the information needed to prosecute the case, we may send it back to them for further work. This would mean it would be presented to a later grand jury after the case file is completed by law enforcement.

It depends on the case. We try to avoid inconveniencing you, but you may have to come.

Yes

No. The county will pay. You should notify the Victim Assistance Coordinator at our office.

Yes. The judges alone decide what the sentence will be. Under the rules of our court district, the District Attorney’s Office does not recommend sentences, and the judges do not want us to. There is an agreement between the judges and the District Attorney that there will not be plea bargaining on sentences.

The judge orders a probation officer to find out the defendant’s past personal history and criminal history and the facts of the crime. The judge also looks at the Victim Impact Statement, which you fill out and send to our office. (It tells of your money loss and the physical and emotional loss you suffered.) After studying these things, the judge decides on the sentence he will give the defendant.

Yes. But you must get a private attorney to file a civil suit.

No. We can only speak with your attorney. Under the court rules, it is improper for us to speak with the defendant.

Generally, yes. Have them call us, and we will try to do it (unless there is a reason that it must be held for evidence).

All felonies are crimes against the state. The District Attorney’s Office has to agree to drop the charges. Usually, we will do what the victim wants if we are sure there is no intimidation by the defendant or his family and it is in the best interests of justice. If we let the charges be dismissed, you may not bring the charges up again.

To learn more about victim assistance coordinators, please visit this link.

This depends on the complexity of the case, the investigation of the case, and the caseload in the county the case is in. Lawrence County has few felony cases, and they generally get to trial quickly. Pearl River County has the heaviest caseload, and it takes longer to get a case to trial there.

The circuit courts generally meet a certain number of weeks a year as the judges travel from county to county. Generally, the case will be concluded within six months and a year after the charges are filed. Sometimes, the defendants plead guilty, and the case moves quickly through the system.

The Assistant District Attorney for the county the case was tried in generally will be the most up to date on the case and its progress.

Since the District Attorney and the Assistant District Attorneys are in court or preparing to go to court constantly, the first person to call about the status of your case is the victim coordinator. They are easier to get in contact with and will answer your question or get the attorney to call you back.

The attorney will speak with you before the case goes to trial. In sexual assault cases, child abuse cases, or homicide cases, you will be consulted prior to a decision to reduce a charge to a lesser felony charge if that is considered.

Sometimes, the staff is in court or the clerk’s office, or they are conferring with witnesses or law enforcement outside the office. If you leave a message on the answering machine, they will call you back.

No. We can only do criminal cases.

Please visit our Economic Crime Unit page to learn more about bad check cases.

If it is a non-criminal matter, discuss it with the public official, the Board of Supervisors, or the City Council and try to work it out. If it is a criminal matter, contact the State Department of Audit in Jackson or the Attorney General’s Public Integrity Division. They will investigate it and furnish their report to us if it is criminal.

If you have been subpoenaed, you do have to appear in court. However, we can accompany you to court and help prepare you to testify if you wish.

A subpoena is a court order which requires you to appear at the time and place stated. Failure to comply with the subpoena may be a crime. Immediately call the phone number listed at the bottom of the subpoena in order to speak with the District Attorney, Assistant District Attorney, or Secretary.

Defense attorneys, public defenders, or their investigators may attempt to speak with witnesses and take statements. As a victim or witness, you can talk to or decline to talk to anyone you wish.

Please notify the prosecutor handling the case if you have been contacted for an interview by the defense attorney or their investigator as soon as possible. If you wish, we will arrange to be with you when the defense attorney or investigator meets with you.

Yes. You can bring a friend or family member for support.

Court translation services are available for victims and witnesses. We will try to speak with you in your native language if possible. Let us know as soon as possible if you do not speak English so a translator can be obtained.

A Domestic Abuse Protective Order is a legal document ordering your batterer not to contact you and to stay a specified distance away from you and anyone else named on the order at any named location.

You may get such an order from a Municipal or Justice Court Judge. Go to Municipal Court or Justice Court to file the petition for the order. If your batterer violates the Protective Order by contacting you personally by telephone or mail, you may call law enforcement to report the violation and have the batterer re-arrested.

Hate crimes are criminal offenses motivated by prejudice based upon the victim’s real or perceived status in one of the following categories: race, color, religion, nationality, country of origin, ancestry, or gender.

A conviction for a crime found to be a hate crime can result in additional punishment over and above that for the underlying criminal offense. Not every criminal offense in which bigotry plays a part is a hate crime. The prejudice based upon one of the categories mentioned above must be a “substantial factor” in the motivation for the underlying crime for the offense to be classified as a hate crime.

The United States and Mississippi Constitutions protect free speech. No matter how rude, offensive, or repugnant a person’s speech may be, so long as it does not constitute a threat to another, it is probably protected by the Constitution. This is true even if the speech is rude, insensitive, offensive, and reflects a person’s prejudices and bigotries or is an insult.

The law does not punish bigoted speech alone. However, when someone commits a criminal act because of prejudice toward a member of the groups listed above, then the hate crime statutes come into effect. It is the bias-motivated behavior that the law prohibits, not biased thoughts or speech.

Before the actual date of the hearing, you will have a chance to meet with the Assistant District Attorney assigned to your case to talk over the facts and answer any questions you might have. A visit to the courtroom where you will testify can be arranged. If a child is a witness, these steps are extremely important.

Preparations

When the court day arrives, you should not make any other plans for that day. Dress comfortably and respectfully. Bring a book or something to occupy you while you wait. Unfortunately, some hearings take longer than anticipated or take longer to get started.

Try to arrange child care in advance. If you need help with these arrangements, ask the Victim Witness Advocate to suggest options. If you have something else that you must do, tell the District Attorney’s Office in advance so you can be accommodated. If you need a letter or phone call to explain your absence to your employer or teacher, it can be provided.

Testimony

When it is your turn to testify, listen to the question and then answer. Sometimes you may not remember the answer, or you may not know the answer. It is all right to say so. The District Attorney will ask you questions first. This is how the judge knows who you are and why you are there.

The attorney for the defendant (the person who committed the crime) will also ask you questions. He or she can ask you the same or different questions. Listen to all the questions you are asked before you answer. If you do not understand the question, say so. If you did not hear it, ask that it be repeated.

Everyone is interested in finding out the truth, so we want to make sure you are not misunderstood. When all of the attorneys have finished asking questions, the judge may or may not have some questions.

After You Testify

After everyone is finished, you will be excused and are free to leave the courtroom. You may wait for the District Attorney to find out what happened or call the office later. Often, another witness will be called immediately after you, and the District Attorney will not have an opportunity to talk to you right away.