Mississippi Demand for Payment Due Pursuant to an Agreement with Notice that Failure to Pay Will Cause a Forfeiture to be Declared

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Multi-State
Control #:
US-00931BG
Format:
Word; 
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Description

Forfeiture occurs when a person is in breach of a legal obligation, and the breach causes something to be lost or surrendered as a result of the breach. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.

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FAQ

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.

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 ...

Upon written request made prior to trial, the prosecuting attorney shall provide to the defense the following: (1) the names of all witnesses expected to testify for the prosecution; (2) a copy of any written statement of the defendant; (3) a copy of the criminal record of the defendant, if proposed for use as ...

(a) When a defendant has been detained in custody or held to bail for the defendant's appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not ...

Arraignment, unless waived by the defendant, shall be held within thirty (30) days after the defendant is served with the indictment. When arraignment cannot be held within the time specified because the defendant is in custody elsewhere, it shall be held as soon as possible.

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.

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Mississippi Demand for Payment Due Pursuant to an Agreement with Notice that Failure to Pay Will Cause a Forfeiture to be Declared