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(f) Binding Over the Case to the Grand Jury. If, from the evidence, it appears that there is probable cause to believe that a felony has been committed, and that the defendant committed it, the judge shall bind the defendant over to await action of the grand jury.
Mississippi Criminal Statute of Limitations at a Glance While misdemeanors typically have a two-year time limit in Mississippi, felonies such as murder and some sexual assault charges have no time limit. The following table list the applicable criminal statute of limitations in the state of Mississippi.
Chapter 17 - Trial. § 99-17-1. Indictments to be tried within 270 days of arraignment. Unless good cause be shown, and a continuance duly granted by the court, all offenses for which indictments are presented to the court shall be tried no later than two hundred seventy (270) days after the accused has been arraigned.
A: Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if evidence has been lost ...
The criminal statute of limitations requires prosecutors to file criminal charges against a suspect within two years for misdemeanors and within five years for certain felonies, but there is no time limit in Mississippi for charges of murder, kidnapping, rape, burglary, robbery, larceny, and several other serious ...
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
If the grand jury finds probable cause, then it will return a written statement of the charges, called an indictment. Grand jurors sit on a panel of 16 to 23 jurors and generally serve one to three days every other month for one year. Grand jury terms may be extended if necessary.
Under the speedy trial statute, the prosecution has 270 days AFTER arraignment to bring a case to trial; however, under the Mississippi and U.S. Constitutions, that time frame can be significantly shorter.