{"id":374361,"date":"2023-11-20T18:03:04","date_gmt":"2023-11-20T23:03:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/mississippi-law\/mississippi-district-attorneys.html"},"modified":"2023-11-20T18:03:04","modified_gmt":"2023-11-20T23:03:04","slug":"mississippi-district-attorneys","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/mississippi-law\/mississippi-district-attorneys.html","title":{"rendered":"Mississippi District Attorneys"},"content":{"rendered":"\n
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Mississippi District Attorneys<\/h1>\n
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\n By Lisa Burden, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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District attorneys (D.A.s) play an important role in Mississippi’s criminal justice system. They provide legal representation for the state in criminal cases. They prosecute violations of Mississippi’s criminal laws, including misdemeanors and felonies.<\/p>\n\n <\/div>\n\n

D.A.s work closely with law enforcement to prosecute crimes ranging from driving under the influence (DUIs) to domestic violence, drug offenses, assaults, homicides, and white-collar crimes.
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When a crime occurs, and an arrest is made, law enforcement refers the case to the district attorney’s office. The D.A. then reviews the evidence to decide whether to pursue charges.<\/p>\r\n

If the D.A. determines there is enough evidence to justify criminal charges, they have two options:<\/p>\r\n

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  1. Call a grand jury and present the case details and evidence to the jury. The grand jury then votes on whether to issue an indictment<\/a>. The indictment allows the D.A. to proceed with formal charges.<\/li>\r\n
  2. Directly file a criminal complaint<\/a> and charges based on the D.A.’s assessment without a grand jury indictment.<\/li>\r\n<\/ol>\r\n

    Once charges are filed through either process, the defendant is arraigned <\/a>in court and enters a plea. If they plead not guilty, a trial date is set. If the defendant pleads guilty<\/a>, the case settles.<\/p>\r\n

    If formal charges are made, most defendants hire a criminal defense attorney to provide them with legal assistance.<\/p>\r\n

    The D.A. also manages a team of assistant district attorneys.<\/p>\r\n

    Understanding the role of the D.A. and whether to contact the prosecutor can help you prepare your defense.<\/p>\r\n

    Contacting the District Attorney<\/h2>\r\n

    Many cases are resolved through plea bargaining<\/a> between the criminal defense lawyer and the D.A.’s office. Depending on your situation and the nature of your criminal charge, you may be inclined to contact the district attorney without legal representation.<\/p>\r\n

    Generally, you’ll want your criminal defense attorney to handle negotiations with the prosecutor. An experienced criminal defense lawyer understands the criminal justice process. They also probably know the prosecutors and how best to work with them.<\/p>\r\n

    Remember, the D.A.’s job is to convict. As a result, you must be careful not to tip your hand or give the prosecution any additional leverage.<\/p>\r\n

    Public Defender<\/h2>\r\n

    If you’re accused of a crime and need an attorney but can’t afford legal representation because of a low income, you can ask for a public defender<\/a> or an assigned counsel.<\/p>\r\n

    Defendants have a constitutional right to legal counsel. The U.S. Supreme Court ruled in Gideon v. Wainwright<\/a><\/i> (1963) that states must provide free lawyers for indigent defendants in criminal cases.<\/p>\r\n

    Mississippi state law requires that \u201cany person . . . arrested and charged with a felony, a misdemeanor or an act of delinquency" must be allowed to sign an affidavit of indigency and be appointed a public defender.<\/p>\r\n

    Public defenders represent<\/a> in state court people accused of crimes ranging from telephone harassment to capital murder. In the state of Mississippi, the local courts assign public defenders.<\/p>\r\n

    If you’re accused of a federal crime and can’t afford an attorney, you can ask for a federal public defender<\/a>.<\/p>\r\n

    If you need legal aid for a civil matter and can’t afford an attorney, several organizations can help. Generally, to qualify for legal assistance, your income must meet the standards set by the federal poverty guidelines<\/a>.<\/p>\r\n

    North Mississippi Rural Legal Services<\/a> (NMRLS) provides free civil legal assistance on a wide range of issues to people with low income and seniors in North Mississippi. NMRLS helps with legal matters such as:<\/p>\r\n