Citizen's Involvement in the criminal justice system typically begins with them being a victim, witness, or defendant of a crime. Arrests are made generally by a judge-issued warrant or by a police officer observing a crime in process. Law enforcement may also arrest someone if it has probable cause to believe the person committed a criminal offense. When individuals are arrested they are routinely advised of their Miranda Rights upon arrest, advising them that they have the right to remain silent and that anything they say will be used against them in court. Upon being questioned, defendants have the right to have their attorney present or to have one appointed if they are indigent.
Felony defendants appear at a first appearance and have the charges reviewed. A judge will inquire if the defendant has an attorney. If low income, the defendant may qualify for a court-appointed lawyer. No plea is entered at this time unless the defendant wishes to plead guilty or waives indictment and has an attorney present. All felony cases are presented to a grand jury in the county that the crime was committed. In the State of Mississippi, only a grand jury has the authority to indict an individual for a felony offense and require them to stand trial for the charges alleged in an affidavit and indictment.
If an indictment is issued, the defendant is bound over to stand trial or enter a guilty plea to the crimes alleged. When a criminal trial occurs all 12 jurors must find the defendant guilty beyond a reasonable doubt. Sentences are decided by Circuit Court Judges in all criminal matters. In most cases a recommendation is made regarding imprisonment, probation, fines and restitution.
PROCESS & MUNICIPALITIES & LEGALITIES
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