10 Things to Know About Preliminary Hearings in Mississippi Criminal Cases

If you or someone you love has been arrested for a felony in Mississippi, one of the first steps in the criminal process may be a preliminary hearing. But what is it—and why does it matter? Here’s what you need to know:

1. You Have a Right to a Preliminary Hearing—But Only If You’re Not Indicted

Under Mississippi Rule of Criminal Procedure 6.1, you’re entitled to a preliminary hearing only if you’ve been arrested and charged by affidavit for a felony—not if you’ve already been indicted by a grand jury. If you’re indicted first, this stage is skipped entirely. We frequently speak with potential clients—or even get hired later—by individuals who had no idea they were entitled to a preliminary hearing in the early stages of their case.

2. It’s About Probable Cause, Not Guilt

The judge at a preliminary hearing isn’t deciding whether you’re guilty or innocent. The only question is whether there’s probable cause to believe that a felony was committed and that you committed it. We often define probable cause as meaning “more likely than not.”

3. You Must Request One

Preliminary hearings aren’t automatic. Your attorney must formally request one, and under the rules, it must generally be held within 14 days of that request—unless it’s waived or postponed. However, courts across Mississippi handle preliminary hearings differently. Some courts will automatically schedule one, whether you ask or not. That’s why it’s crucial to have a criminal defense lawyer involved early on—so they can protect your rights at this important stage of your felony case.

4. It Can Be a Powerful Discovery Tool

While limited in scope, preliminary hearings allow your defense attorney to get an early look at the State’s evidence and witnesses. Cross-examining the prosecution’s witnesses under oath at the beginning of your case can give the defense a strategic edge moving forward.

5. The State Can Use Hearsay

Unlike a trial, the prosecution can rely on hearsay evidence to establish probable cause, so long as it comes from a credible source. This lowers the evidentiary burden and makes it easier for the State to move the case forward.
Keep in mind: you don’t have the right to confront all witnesses at this stage. In nearly every preliminary hearing we handle, the lead investigator is the only witness called by the prosecution.

6. The Defendant Can Cross-Examine and Present Evidence

You have the right to cross-examine witnesses and present your own evidence or witnesses. But there’s a catch: Although the Mississippi Rules allow this, some judges will rule on probable cause before the defense gets a chance to present anything—right after the State rests. And yes, the rules allow for that.

7. Failure to Hold the Hearing on Time Has Consequences

If the hearing isn’t held within 14 days and there’s no valid postponement, the law says you should be released on your own recognizance—unless the charge is non-bailable. In practice, though, this is rare. Often, 14 days isn’t enough time for the defense to prepare. Defense attorneys may waive the timeline, or the State may ask for a continuance due to unavailable witnesses or court scheduling issues.

8. It’s Not the Time to Argue Evidence Suppression

Preliminary hearings are not the time to challenge how evidence was obtained. You can’t argue a motion to suppress at this stage. For example, in drug cases, we often challenge the legality of the traffic stop or search—but those arguments come later in the process. That said, there are other strategies we use to address those issues early.

9. The Judge Can Bind You Over—or Let You Go

If the judge finds probable cause, the case is “bound over” to the grand jury for possible indictment. If not, the case may be dismissed—but the State can still present the case to a grand jury later. It’s not uncommon for the State’s case to be weak early on because the investigation is “ongoing.” We’ve had clients released after a preliminary hearing—only to be indicted months later once additional evidence was developed.

10. You Can Waive the Hearing

You’re allowed to waive the hearing, either in open court or by written agreement. Sometimes this is part of a plea negotiation strategy, or it may be a strategic decision if an indictment has already been issued.

Final Thoughts: Don’t Overlook the Power of a Preliminary Hearing

Preliminary hearings are one of the most important early opportunities to evaluate the case against you and potentially weaken it. At McCormick Lawrence, PLLC, we take these hearings seriously and treat them as the first chance to get the upper hand. If you’ve been arrested for a felony in Mississippi, contact our firm as soon as possible to protect your rights from day one.