This guide provides an overview of when a law enforcement officer mat legally detain someone suspected of a crime. Some of the issues covered include how to legally conduct a stop, and when frisking and searches of vehicles are allowed.
Mississippi USLegal Guide to Unlawful Detention
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US-GDE-01
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FAQ
Grand jurors are chosen at random from this jury pool. Twenty grand jurors are impaneled. A minimum of fifteen grand jurors is required to meet and hear the criminal cases. However, only twelve grand jury votes are required to indict a criminal charge.
The most common defense to false imprisonment is consent, which is exactly what it sounds like, meaning the alleged victim gave the accused express or implied consent to restrict his or her movement. Another common defense to PC 236 involves the use of self-defense.
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.
Mississippi Defense Lawyer Explains Arraignment The defendant would then plead guilty or not guilty. Today the defendant is given a copy of the charge. The formal reading of the charge or indictment is waived and a trial date is scheduled.
A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. It is a pretrial motion, heard by a judge. There is no jury involved. When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial.
A warrant for the person indicted shall immediately issue and be served on the person so indicted. After the arrest of the person indicted, and prior to arraignment, a copy of the indictment shall be served on such person.