⚖️ What Happens After Justice Court?

Understanding the Waiting Game Before a Grand Jury Indictment in Mississippi

When someone is arrested for a felony in Mississippi, the first court they typically face is Justice Court—not Circuit Court. At this early stage, the judge will determine whether there is probable cause to believe a crime was committed and that the accused is involved. If so, the judge may “bind the case over” to the grand jury.

But what happens next? For many families, this is when things feel uncertain, confusing, and frustratingly slow

⏳ Step-by-Step: From Justice Court to Grand Jury

  1. Initial Arrest & Justice Court Hearing
    The defendant is brought before a Justice Court judge, who may:

    • Set a bond,

    • Conduct a preliminary hearing (optional),

    • And eventually bind the case over to the Circuit Court for possible indictment.

  2. Case Sent to District Attorney’s Office
    After binding over, the file goes to the District Attorney, who prepares the case for presentation to the grand jury.

  3. Grand Jury Consideration
    The grand jury is a group of citizens who meet in secrecy to decide if there is enough evidence for the case to proceed to trial.

    • If they decide there is enough, they return a true bill (an indictment).

    • If not, they return a no bill, and the charges may be dropped.

📆 How Long Does It Take?

There is no strict deadline for when the grand jury must act after a case is bound over. In Mississippi, grand juries usually meet once every 2 to 4 months, depending on the county. The actual waiting period can range from a few weeks to several months.

Factors that affect the wait include:

  • The DA’s workload and backlog,

  • The timing of the next grand jury session,

  • Whether the defendant is in jail or out on bond (incarcerated defendants often receive priority),

  • The complexity of the case and availability of evidence or witnesses.

⚠️ Why This Wait Matters

During this time:

  • The defendant is not formally charged in Circuit Court, so their case cannot proceed to trial.

  • They may remain in jail for months awaiting indictment—sometimes longer than the sentence they’d face if convicted.

  • Evidence may be reviewed or reevaluated before a final charging decision is made.

What Can Be Done During This Time?

A skilled defense attorney can:

  • Push for an early bond review if the accused is in custody,

  • Negotiate with the DA’s office to possibly divert or resolve the case pre-indictment,

  • Prepare early defenses and gather mitigating evidence while waiting,

  • And, in some cases, challenge the delay if it violates constitutional due process.

🏛️ Know Your Rights

You have the right to:

  • A bond review hearing within a reasonable time,

  • Access to counsel,

  • And protection against unreasonable delay in prosecution.

If your loved one is stuck in legal limbo after a Justice Court hearing, you don’t have to wait in silence. At Stuard Thornton & Associates, we monitor grand jury calendars, follow up with prosecutors, and take action to protect your rights while others are sitting still.

📞 Ready for Answers?

Call us today at (601) 207-3434

Or visit www.stuardthornton.com

Let’s break the silence of the waiting period—and start fighting back.

Next
Next

Copyright vs. Public Use