Or:

“How can someone be charged with embezzlement in state court while another person faces federal charges for what seems like the same thing?”

The answer is simple: Not every crime belongs exclusively to one court system.

In many situations, prosecutors and law enforcement agencies have a choice about whether a case stays in state court or becomes a federal case. And trust me—the difference can be significant.

The Same Conduct Can Lead to State or Federal Charges

Most people assume that certain crimes are “state crimes” and others are “federal crimes.” Sometimes that’s true. But many of the cases we see involve conduct that could potentially be prosecuted in either system.

Examples include:

• Drug trafficking
• Drug conspiracies
• Firearms offenses
• Fraud
• Embezzlement
• Wire fraud
• Money laundering
• Certain theft offenses

For example, a person accused of selling drugs may end up in Circuit Court. Another person accused of very similar conduct may find themselves in federal court facing a much different situation. The same can be true with financial crimes. An embezzlement allegation might stay in state court, or it might become a federal investigation depending on the facts, the agencies involved, and the decisions made by prosecutors.

So Who Decides?

In many cases, it comes down to the law enforcement agencies involved and the prosecutors reviewing the case. A local investigation may stay local. But when federal agencies become involved—such as the FBI, DEA, ATF, Homeland Security, IRS, or Secret Service—the case may end up in federal court.

Sometimes cases even start as local investigations before being adopted by federal authorities. That’s why it’s important to take any criminal investigation seriously, even if you haven’t been charged yet.

The Biggest Difference: Bond

In state court, it is common for defendants to get bond. However, in federal court, that’s a completely different situation.

Federal judges frequently detain defendants without bond, especially in cases involving:

• Drug trafficking
• Firearms offenses
• Large fraud cases
• Conspiracy charges

I’ve seen many people who would likely be released on bond in state court remain in custody after a federal arrest. If you’re facing a federal investigation, you should understand that getting out of jail is often much more difficult than it is in state court.

Federal Sentences Are Usually Harsher

Another major difference is sentencing. In Mississippi state court, judges generally have significant discretion when deciding a sentence. Many cases result in:

• Suspended sentences
• Probation
• Drug court
• Non-adjudication programs
• Reduced charges

Federal court is different. Federal judges must consider the United States Sentencing Guidelines.

Those guidelines take into account things like:

• Drug quantities
• Loss amounts
• Criminal history
• Firearms
• Leadership roles
• Acceptance of responsibility

As a result, federal sentences are often much more predictable—and often much more severe. That’s one reason why people facing federal charges are often surprised by the amount of prison time being discussed in their cases.

The Courts Are Different Too

Most felony cases in Mississippi are handled in Circuit Court. If you’re charged with a felony in Jackson, Harrison, George, Greene, or surrounding counties, your case will likely be heard in the local Circuit Court system.

Federal cases are handled in United States District Court. Along the Mississippi Gulf Coast, the federal courthouse we most frequently appear in is located in Gulfport. The judges, prosecutors, rules, procedures, and sentencing process are all different from what most people experience in state court.

Federal Investigations Usually Start Long Before an Arrest

Here’s something many people don’t realize: Federal agents rarely wake up one morning and decide to arrest someone. Most federal investigations have been ongoing for months—or even years—before charges are filed. By the time an arrest happens, investigators may already have:

• Bank records
• Phone records
• Search warrant evidence
• Witness statements
• Text messages
• Social media records

That’s why the best time to hire a lawyer is often before charges are ever filed.

What Should You Do If You’re Being Investigated?

Whether you’re dealing with local law enforcement or federal agents, the answer is the same: Don’t try to talk your way out of it. Many people believe they can explain the situation and make the investigation go away. Unfortunately, that’s rarely how it works.

If law enforcement contacts you, serves you with a subpoena, executes a search warrant, or asks to speak with you about an investigation, it’s a good idea to speak with an attorney before answering questions.

The Bottom Line

Just because two people are accused of similar conduct doesn’t mean they’ll end up in the same court system. One person may be facing charges in Mississippi state court. Another may be standing before a federal judge.

The difference can affect everything from bond to sentencing to the overall strategy of the case.

Understanding which system you’re dealing with—and getting experienced legal advice early—can make a significant difference in the outcome of your case.

Contact McCormick Lawrence, PLLC

At McCormick Lawrence, PLLC, we represent clients facing both state and federal criminal charges throughout Mississippi. Whether you’re under investigation, have been arrested, or simply have questions about your rights, our team is ready to help.

If you’ve been contacted by law enforcement or believe you may be under investigation, call us today to discuss your situation and learn your options.

My answer is usually the same: Maybe. But before you do, make sure you understand exactly what you’re pleading guilty to and what consequences may follow. After handling thousands of criminal cases, I’ve learned that many people focus almost entirely on the fine. In reality, the fine is often the least significant consequence of a criminal conviction.

The Fine Is Usually Not What Concerns Me

When someone calls my office about a DUI, drug charge, assault charge, or other misdemeanor criminal offense, they often want to know how much the fine will be. That’s understandable. But what concerns me is usually everything else because a criminal conviction can affect your employment opportunities, professional licenses, driver license, insurance rates, your ability to possess firearms, and even how future criminal charges are handled if you are ever charged again.

In many cases, the fine is only a few hundred dollars. The criminal record can last much longer.

I Meet People All The Time Who Wish They Had Spoken To A Lawyer First

One of the hardest conversations I have is with someone who has already pleaded guilty and is now dealing with consequences they never expected. Sometimes they are applying for a job and discover a conviction on their record. Sometimes they learn a guilty plea affected their driver’s license. Sometimes they find out a conviction can be used against them in the future if they are ever charged with another offense. At that point, there is often very little that can be done. That is why I always encourage people to understand their options before walking into court and entering a guilty plea.

Not Every Case Needs To Go To Trial

Some people assume that hiring a criminal defense lawyer means they are claiming they are innocent. That is simply not true. In fact, many of my clients tell me from the very beginning that they made a mistake. Hiring a lawyer is not always about avoiding responsibility. Many times it is about understanding the situation, protecting your rights, and working toward the best possible outcome.

Not every case needs a trial. Not every case should go to trial. But every case deserves a careful review before life-changing decisions are made.

You May Have Options You Don’t Know About

Many people assume there are only two possibilities: Either fight the charge or plead guilty.

In reality, there may be other options available depending on the circumstances. Some people may qualify for diversion programs. Others may be eligible for reduced charges. In some situations, prosecutors may be willing to consider alternatives that avoid some of the long-term consequences of a conviction.

The point is not that every case has a perfect outcome waiting to happen. The point is that you will never know what options exist if you don’t ask.

Every Criminal Case Is Different

One thing I tell people all the time is that criminal cases are rarely as straightforward as they seem. Two people can be charged with the exact same crime and have completely different outcomes.

Their criminal history may be different. The evidence may be different. The circumstances may be different. The available options may be different. That is why I am always cautious when someone tells me they are just going to go plead guilty without first talking to a lawyer.

What I Tell People

If someone calls my office and tells me they think they are guilty, I don’t immediately start talking about trials or defenses. Instead, I tell them this: Make sure you understand exactly what you are pleading guilty to and exactly what consequences may follow.

If, after understanding all of your options, you decide that pleading guilty is the right decision, then at least you are making an informed decision. What concerns me is when people plead guilty simply because they assume they have no other choice.

Final Thoughts

Over the years, I have represented many good people who made bad decisions. I’ve also represented many people who thought their case was hopeless only to discover they had options they never knew existed.

Whether you are innocent, guilty, or somewhere in between, it is important to understand that a criminal conviction can affect your future long after your court date is over. Before you walk into court, plead guilty, and pay a fine, take the time to understand exactly what is at stake.

You may discover that the fine is the least important part of the case.

Reach Out

If you have been charged with a crime, whether it be a DUI, drug crime, assault, domestic violence offense, or any other criminal charge in Mississippi, our team at McCormick Lawrence, PLLC is here to help. We represent clients throughout South Mississippi in municipal, justice, county, circuit, and federal courts. Whether you are considering pleading guilty or want to explore your options first, we encourage you to speak with an experienced criminal defense lawyer before making a decision that could affect your future. Contact our office today to schedule a consultation and learn more about your rights, your options, and the potential consequences of your case.

The short answer is: sometimes. But officers cannot automatically search every car they stop.

The legality of a vehicle search often depends on the facts of the stop, whether consent was given, whether police claim they had probable cause, and whether constitutional rights were violated during the investigation.

Traffic Stops Can Quickly Become Criminal Investigations

Many criminal cases in Mississippi begin with a routine traffic stop. An officer may claim the driver was speeding, swerving, driving recklessly, or committing some other minor traffic violation. One of the most common reasons we see officers stop vehicles is for “careless driving.” Under Mississippi law, careless driving is a broad offense and officers often only need minimal evidence to justify a stop.

In many cases, we see officers immediately begin trying to build their case as soon as they approach the vehicle. One of the most common questions people hear is: “Do you know why I pulled you over?”

In our experience, officers are often attempting to get the driver to admit to the alleged violation or provide additional information that may justify extending the stop.

Although drivers should cooperate with basic requests such as providing a driver’s license, proof of insurance, and registration, people generally do not have an obligation to admit to criminal conduct or answer potentially incriminating questions during a traffic stop.

In some situations, what starts as a simple traffic stop can quickly turn into a DUI or drug investigation.

Do Police Need a Warrant to Search a Car?

Unlike your home, police officers can sometimes search vehicles without first obtaining a warrant.

Under certain circumstances, law enforcement may search a vehicle if they claim they have probable cause to believe evidence of a crime is inside the vehicle.

Probable cause generally means the officer believes there is enough evidence or circumstances to justify the search.

However, whether probable cause actually existed is often a major legal issue in criminal cases.

Consent Searches

One of the most common ways police search vehicles is through consent. An officer may ask questions such as:

• “Do you mind if I search your car?”
• “You don’t have anything illegal in the vehicle, do you?”
• “Can I take a quick look?”

If a driver voluntarily gives consent, police may search even without a warrant.

Many people feel pressured during traffic stops and may not realize they have the right to refuse consent in certain situations.

What if Police Smell Marijuana or Alcohol?

Officers often claim they smelled marijuana or alcohol coming from the vehicle or from the driver or passenger of the vehicle. In many cases, law enforcement may argue that the odor alone gave them probable cause to search the vehicle or continue the investigation. These cases can become complicated legal issues depending on:

• the facts of the stop,
• the officer’s observations,
• body camera footage,
• witness testimony,
• and whether the search stayed within constitutional limits.

Can Police Use a K9 Dog During a Traffic Stop?

Police agencies sometimes use K9 units during traffic stops. However, officers generally cannot unlawfully prolong a traffic stop simply to wait for a drug dog to arrive.

Whether the stop was improperly extended can become an important issue in suppression hearings. We have dealt with the issue of prolonging stops for K9 sniffs frequently over the years. If a court finds that a traffic stop was unlawfully prolonged, any evidence discovered by the K9 or subsequent search may be thrown out.

Can Police Search Passengers?

Passengers also have constitutional rights during traffic stops. In some situations, officers may order passengers out of the vehicle for safety reasons. However, that does not automatically give police the right to search passengers or their personal belongings.

The legality of passenger searches often depends on the specific facts of the case. It’s important to note that passengers don’t usually have the legal standing to challenge the traffic stop of a vehicle or the search of a vehicle.

What Happens if the Search Was Illegal?

If we believe that vehicle search violated the Fourth Amendment, we would file a Motion to Suppress asking the court to exclude illegally obtained evidence. This can become one of the most important parts of a criminal defense case and lead to dismissal or reduction of charges.

Suppression issues may involve:

• whether the initial stop was lawful,
• whether police had probable cause,
• whether consent was voluntary,
• whether the stop was improperly extended,
• or whether constitutional rights were violated during the investigation.

Important Note: Every Case Is Different

Vehicle search cases are highly fact-specific. Small details can make a major difference in whether evidence may be admissible in court. Body camera footage, dash camera footage, officer testimony, witness statements, and the timing of events can all become important issues in a criminal case. Despite all of the cases we have handled that involved a traffic stop, there are never two cases that are the same.

Frequently Asked Questions

Charged With a Crime After a Traffic Stop?

Attorneys Cameron McCormick and Bay Lawrence are dedicated criminal defense lawyers. That means that our firm, McCormick Lawrence, PLLC, devotes its entire practice to representing clients charged with DUI, drug crimes, and other criminal offenses throughout South Mississippi.

If you were arrested after a traffic stop or vehicle search, it is important to understand your rights and your legal options as early as possible.

One of the first questions people usually ask is: “What happens now?”

While every case is different, there are some common steps that usually happen after a DUI arrest in Mississippi.

The Traffic Stop and Arrest

Most DUI cases begin with a traffic stop. Law enforcement may claim they observed:

• speeding,
• swerving,
• failure to maintain lane,
• reckless driving,
• or another traffic violation.

After the stop, the officer may begin a DUI investigation. This often includes:

• questions about drinking,
• field sobriety tests,
• portable breath testing,
• and observations about speech, balance, or the odor of alcohol.

If the officer believes there is probable cause, you may be arrested for Driving Under the Influence (DUI).

You May Be Taken to Jail

After the arrest, many people are transported to the local jail or police department for booking. Depending on the circumstances, you may:

• be released fairly quickly,
• have to post bond,
• or remain in custody until you see a judge.

In some DUI cases involving accidents, injuries, or prior offenses, the bond conditions may be more serious.

Your Driver’s License Could Be Affected

A DUI arrest can affect your driving privileges even before your case is resolved.

A DUI arrest can affect your driving privileges even before your case is resolved. In Mississippi, a DUI charge or refusal can potentially lead to driver’s license consequences even before the criminal case is over. You can read more about that process in our article on DUI and Your Driver’s License.

Many people are surprised to learn that the license issues and the criminal case are related but separate processes.

You Will Receive a Court Date

After the arrest, you will usually be given a court date. Many first-offense DUI cases are handled in:

• Municipal Court,
• Justice Court,
• or County Court.

At the first court appearance, called an arraignment, the judge generally informs you of the charge against you and your rights.

In many cases, your lawyer may be able to appear for you or waive certain appearances depending on the court and circumstances.

The Prosecution Must Provide Discovery

In DUI cases, the prosecution may provide evidence such as:

• police reports,
• body camera footage,
• dash camera footage,
• breath test records,
• intoxilyzer maintenance records,
• witness statements,
• and other evidence.

This process is called discovery.

An experienced DUI defense lawyer will review the evidence carefully to determine whether:

• the stop was lawful,
• the officer had probable cause,
• testing procedures were followed correctly,
• or constitutional rights were violated.

DUI Cases Can Sometimes Be Challenged

Not every DUI arrest automatically results in a conviction.

Depending on the facts, there may be legal defenses involving:

• illegal traffic stops,
• improper searches,
• inaccurate testing,
• medical explanations,
• constitutional violations,
• or problems with field sobriety testing.

Every case is different, and the facts matter.

What Happens if This Is Your First DUI?

A first-offense DUI in Mississippi is usually charged as a misdemeanor. Even so, it can still carry serious consequences, including fines, court costs, possible jail time, license issues, alcohol safety classes, increased insurance costs, and a criminal record. We discuss many of those financial consequences in more detail in our article on The Costs of a DUI in Mississippi: Fines, Fees, and Hidden Expenses.

For many people, the biggest concern is protecting their future, their job, and their record. If this is your first experience with the criminal justice system, you may also want to read our article on First-Time Criminal Charges in Mississippi: Why Hiring the Right Lawyer Can Protect Your Record and Future.

Should You Hire a DUI Lawyer?

DUI cases often involve technical legal and factual issues. Evidence such as body camera footage, breath testing procedures, and the legality of the traffic stop can become very important.

An attorney can help:

• review the evidence,
• protect your rights,
• negotiate with prosecutors,
• challenge improper evidence,
• and guide you through the court process.

Frequently Asked Questions

Charged with DUI in Mississippi?

If you were arrested for DUI in Mississippi, it is important to understand your rights and your options as early as possible.

McCormick Lawrence focuses exclusively on criminal defense and represents clients charged with DUI and other criminal offenses throughout South Mississippi.

At McCormick Lawrence, PLLC, we regularly guide clients through this process. Below is a clear, plain-language breakdown of how pretrial diversion works in Mississippi, along with answers to the most common questions we get.

What Is Pretrial Diversion?

Pretrial diversion (sometimes called “pretrial intervention”) is a program that allows certain individuals charged with a crime to avoid a conviction by completing specific conditions set by the District Attorney.

If you successfully complete the program:

• The charge is resolved without a conviction
• The case is dismissed or handled as a non-criminal disposition
• You may be eligible to expunge (erase) the record

Who Runs the Program?

In Mississippi, pretrial diversion is completely controlled by the District Attorney’s Office. That means:

• The DA decides whether to offer it
• The DA sets the conditions
• The court must approve the agreement

This is not something you can demand—you have to be accepted into the program.

Who Is NOT Eligible?

Under Mississippi law, you are not eligible for pretrial diversion if you are charged with:

• A crime of violence (as defined by state law)
• Drug trafficking
• Certain public corruption offenses (fraud or embezzlement in public office involving $10,000 or more)

General Eligibility Requirements

Even if your charge is eligible, you must still meet several criteria. In general, pretrial diversion is appropriate only when:

• You are 18 years or older
• You are represented by an attorney
• You have little or no prior criminal history
• You are unlikely to commit another offense
• You are not a threat to the community
• The case is one where justice can be better served outside the traditional court process
• You are likely to respond to rehabilitative efforts (if required)

In short: this program is designed for people the system believes made a mistake—not people it believes are likely to reoffend.

What Do You Have to Do in the Program?

If you are accepted, you will sign a written agreement with the District Attorney. That agreement will include:

• Conditions you must complete, such as:
  • Paying fines and fees
  • Paying restitution (if there is a victim)
  • Drug/alcohol classes or treatment
  • Community service
  • Reporting requirements
• Legal waivers, including:
  • Waiving your right to a speedy trial while in the program
  • Agreeing to pause (toll) legal time limits
  • Waiving extradition

👉 Importantly: You do NOT have to plead guilty to enter pretrial diversion.

How Long Does It Last?

The program length is set by the agreement but cannot exceed 3 years.

What Happens If You Successfully Complete It?

If you complete all conditions:

• The court will make a non-criminal disposition
• The charge will be dismissed or resolved without a conviction
• You can typically file for expungement, meaning the record can be erased from public view

What Happens If You Mess Up?

If you violate the terms of the agreement:

• The District Attorney can remove you from the program
• Your case goes right back into the court system
• The prosecution resumes as if diversion never happened

This is why it’s critical to take the program seriously and stay in compliance.

Frequently Asked Questions

Pretrial diversion can be one of the best possible outcomes in a criminal case—but it’s not automatic, and it’s not always the right strategy.

In some cases, it makes sense to fight the charge instead of taking diversion. In others, diversion is the smartest path to protect your record and your future.

Need Help Deciding?

Every case is different. If you’ve been offered pretrial diversion—or want to know if you might qualify—talk to a lawyer before making a decision.

At McCormick & Lawrence, we help clients evaluate all options and make the best decision for their situation.

Call us today or schedule a consultation to discuss your case.

What Is a Delinquency Case?

Mississippi law defines a delinquent child as any child over the age of ten who commits a delinquent act. A delinquent act includes nearly any crime that would be considered a crime if an adult committed it, except for crimes that could be punished by life in prison or the death penalty.

In most circumstances, when a child is accused of a delinquent act, the case belongs in youth court. Mississippi law gives youth court exclusive original jurisdiction over these matters, which means the case must start there and usually finish there. This is one of the strongest protections juveniles have in our criminal justice system, because youth court proceedings are private, records are often sealed, and the focus is on rehabilitation rather than punishment.

When a Case Does Not Belong in Youth Court

There are important exceptions to youth court’s exclusive jurisdiction. Crimes punishable by life imprisonment or death — such as capital murder, first-degree murder, or armed robbery — do not begin in youth court. The same is true for felonies committed with a deadly weapon, such as aggravated assault with a firearm. These cases fall under circuit court jurisdiction, and while there may be arguments for transfer back, they do not start in youth court.

Special Rule for Juvenile DUI Cases

One area where Mississippi law is very specific is juvenile DUI cases. Unlike most delinquency cases, DUI charges are handled in municipal or justice court, not youth court. Mississippi Code § 43-21-159 makes clear that traffic violations — including DUI and violations of the Implied Consent Law — remain with the regular criminal courts, even if the driver is under 18.

This means that a 16-year-old charged with DUI will not have the protections of youth court. Instead, they will face their case in municipal or justice court just like an adult. The penalties can include fines, jail time, license suspension, and a permanent criminal record. For families, this makes having a skilled DUI defense attorney even more important, because the case is public, the consequences are serious, and the opportunity for rehabilitation through youth court is not available.

Three Types of Juvenile Cases We See in Criminal Defense

In our criminal defense practice at McCormick Lawrence, PLLC, we regularly handle three types of juvenile cases.

1. The first category includes cases that start and finish in youth court, such as burglary, simple assault, or drug possession by a minor. These cases remain confidential and are focused on rehabilitation, with opportunities for counseling, community service, or education instead of jail.
2. The second category includes cases that start in youth court but are transferred to circuit court. This usually happens with serious felonies or repeat offenders. For example, a 17-year-old charged with armed carjacking may start in youth court but have the case transferred to adult court, where adult sentencing rules apply.
3. The third category includes cases that are charged directly in municipal, justice, or circuit court — even when the law says they should be in youth court. For instance, a 16-year-old charged with leaving the scene of an accident may first appear in municipal court. In these situations, a defense lawyer can file a motion to transfer the case to youth court, where the protections are stronger.

Why the Court Matters

Whether a juvenile case is in youth court, circuit court, or municipal court makes an enormous difference. Youth court proceedings are private and sealed. Youth court focuses on treatment, education, and rehabilitation, giving children the chance to learn from mistakes without carrying a permanent record. In contrast, convictions in adult courts are permanent, public, and can impact jobs, education, and future opportunities.

For DUI cases, where youth court jurisdiction does not apply, the stakes are especially high. A teenager facing DUI in municipal or justice court needs an aggressive defense to protect their record and their ability to drive.

Conclusion

Mississippi law divides juvenile cases into different categories. Most delinquency cases belong in youth court, where the focus is on rehabilitation. The most serious crimes, such as those punishable by life imprisonment or involving deadly weapons, start in circuit court. And by law, DUI and other traffic violations are handled in municipal or justice court — even for minors.

If your child has been accused of a crime, it is critical to know which court has jurisdiction and to work with a criminal defense attorney who can protect your child’s future. At McCormick Lawrence, PLLC, we represent juveniles and their families across the Mississippi Gulf Coast, fighting to keep cases in youth court when possible and aggressively defending minors in adult courts when required.

Here are five key questions you should ask before hiring a criminal defense lawyer.

1. How many cases like mine have you handled?

Not every criminal case is the same. A DUI defense is very different from a murder trial.

DUI cases are highly specialized and often turn on whether the lawyer understands breath or blood testing, field sobriety tests, and their scientific weaknesses. A murder case, by contrast, may involve forensic experts such as tire tread analysts, shoe print examiners, or digital forensic specialists. These cases are far more complex and require specific experience.

The lawyer you hire should have real, proven experience handling cases like yours.

2. What is your track record inside and outside the courtroom?

It’s one thing to appear in court — it’s another to achieve results. Ask whether your lawyer has ever won a motion to suppress, had evidence excluded, or successfully convinced a judge to dismiss charges.

Many cases are won outside the courtroom — through preparation, investigation, and filing the right motions. A strong defense often comes from the work that takes place long before trial begins.

At McCormick Lawrence, we keep detailed records of every case — the courts we appear in, the prosecutors and officers we deal with, and the outcomes we achieve. We don’t just say we have experience; we can show it.

3. How well do you know the judge and the court?

There’s a saying: Good lawyers know the law. Great lawyers know the judge.

This doesn’t mean anything improper — it simply means that experienced attorneys know how judges run their courtrooms. Every judge has preferences: what arguments they find persuasive, how hearings are conducted, and what details matter most to them.

A lawyer who regularly practices in your court already understands those “unwritten rules,” and that knowledge can give you a valuable advantage.

4. How will you communicate with me about my case?

One of the biggest frustrations people have with lawyers is a lack of communication. You should know from the beginning how your attorney plans to update you — whether that’s by phone, email, or in-person meetings.

Consistent communication means you’ll never be left wondering what’s happening in your case. It also helps you make informed decisions at every step. A good lawyer will be clear about when and how you can expect updates, and will follow through on that commitment.

5. What is your strategy for my case?

Finally, ask your lawyer what their plan is. Do they expect to challenge the stop or search? Will they file motions to exclude evidence? Do they plan to bring in expert witnesses? Or is trial the most likely path?

Cases can change as new evidence comes in, but a good defense lawyer should still be able to give you a clear direction from the beginning.

Conclusion

The criminal defense lawyer you choose can make the difference in your case. These five questions can help you look beyond sales pitches and focus on what matters most: experience, results, and strategy. If you or someone you know is facing charges in Mississippi, McCormick Lawrence is here to help. Our firm handles DUI defense, drug offenses, violent crimes and other serious charges throughout the Mississippi Gulf Coast. We are committed to transparency and always willing to share our experience and results with clients.

Contact us today to schedule a consultation and get answers to your questions.

What Does “Being on Bond” Mean?

When you’re released on bond in a felony case, it means the court has set conditions for your release while your case is pending. You or a bonding company pay money (or sign a financial guarantee) as assurance that you’ll appear in court when required. If you don’t show up or violate conditions, you risk being arrested again and losing the money posted for your release.

How Long Can You Be on Bond Before Your Case Moves Forward?

One of the most common questions I get as a defense lawyer is: “Why haven’t I heard anything yet?”

Felony cases often take months—and sometimes more than a year—before a defendant sees a courtroom. This is because felony charges in Mississippi (and many other states) usually go through the grand jury process. That process takes time, and every county moves at a different pace.

Being on bond doesn’t mean your case has been forgotten or dismissed. It means you are waiting for the legal process to move forward.

Common Mistakes People Make While on Bond

1. Thinking the Case Went Away With Time

Just because months (or even years) pass without hearing from the court doesn’t mean your felony case disappeared. In fact, prosecutors often wait for months before presenting a case to the grand jury. Always assume your case is active until your attorney confirms otherwise.

2. Losing Contact With the Bonding Company

If you used a bondsman, you usually have ongoing obligations: checking in, updating your phone number and address, and keeping them informed about court dates. If you don’t stay in contact, they can revoke your bond and have you arrested—even if you haven’t missed a court date.

3. Violating Bond Conditions

Courts often set strict rules while you’re out on bond. These can include not drinking alcohol, using drugs, or possessing firearms. Two of the most common violations we see are contacting someone in your case despite a no-contact order and getting arrested for a new crime. Any new arrest can put your bond at risk, and if it’s a felony carrying more than five years in prison, the judge is required by law to revoke your bond.

4. Failing to Stay in Touch With Your Lawyer

Your defense attorney needs to know where to reach you when there’s an update. If you change your number or move without telling your lawyer, you could miss critical court dates or deadlines.

Bottom Line: Bond Is Not Freedom—It’s a Legal Responsibility

Being out on bond gives you time to work, support your family, and prepare your defense, but it comes with serious responsibilities. If you treat bond as if your case has “gone away,” you may find yourself back in jail facing even more problems.

If you are out on bond for a felony case in Mississippi and you’re unsure about what to do next, contact an experienced criminal defense lawyer. The sooner you understand the process and avoid mistakes, the better your chances of protecting your future.

What is an Indictment?

An indictment is a formal written document issued by a grand jury. It is not a finding of guilt—it is simply the legal way the State of Mississippi brings felony or misdemeanor charges against a person. Rule 14 of the Mississippi Rules of Criminal Procedure explains what an indictment must include.

At its core, an indictment is meant to give you notice of exactly what crime the State says you committed. It should be a plain, concise, and definite statement of the essential facts, written clearly enough that you know the charges against you.

What Must an Indictment Contain?

Under Rule 14.1, an indictment must include:

• The essential facts and elements of the offense
• Your name
• The date the indictment was filed in court
• A statement that the case is brought in the name of the State of Mississippi
• The county (and district, if applicable) where the case is filed
• The date of the alleged offense (and sometimes the time)
• The signature of the grand jury foreperson
• The phrase: “against the peace and dignity of the State”

These details are not just formalities. They are important because they make sure you know exactly what you are accused of and where and when it allegedly happened.

Does an Indictment Mean I’m Guilty?

No. Being indicted does not mean you are guilty of a crime. It simply means that a grand jury—typically 15 to 20 citizens chosen from your community—has heard the prosecutor’s evidence and decided there is enough to move forward with a formal criminal case.

Grand jury proceedings are one-sided: the prosecutor presents evidence, and you and your lawyer are not present to defend or explain your side. For this reason, an indictment is often called a “probable cause” finding, not proof beyond a reasonable doubt.

Can Indictments Be Amended or Dismissed?

Yes. Rule 14 also allows for amendments and dismissals in certain situations:

• Amendments: Courts may allow an indictment to be amended as to form (technical corrections), but not as to the substance of the offense.
• Dismissal: An indictment may be dismissed by the prosecutor (with court approval) or by the court if there are delays in bringing the case to trial.

If dismissed, the charges can sometimes be refiled unless the court orders otherwise.

What Happens After I’m Indicted?

Once indicted, your case is formally entered into the court system, and you will be required to appear for arraignment, where you’ll enter a plea of “guilty” or “not guilty.” From there, your attorney will begin reviewing discovery (the evidence against you), filing motions, and preparing your defense.

Why Legal Help Matters

An indictment can feel overwhelming, but it is just the beginning of the process—not the end. Having a skilled defense lawyer is critical to protect your rights, challenge the evidence, and guide you through the court system.

At McCormick Lawrence, we have defended hundreds of clients facing indictments across Mississippi. We know how to challenge defective indictments, negotiate with prosecutors, and prepare cases for trial.

As a criminal defense law firm, we hear it all the time: “they never read me my rights. Shouldn’t my case be dismissed?” The short answer: Miranda rights only apply in specific situations. And even then, failing to read them doesn’t automatically kill a case.

What Are Miranda Rights?

Miranda warnings come from the U.S. Supreme Court case Miranda v. Arizona. They’re intended to inform a suspect of their constitutional rights when they’re in police custody and about to be questioned. The standard Miranda warning usually includes: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you before any questioning if you wish. Do you understand these rights as they have been read to you?

But here’s the key: Police are only required to read you your rights if two things are true: One, you are in custody and two, you are being interrogated (i.e., asked questions likely to elicit an incriminating response)

If you’re not both in custody and being questioned, Miranda doesn’t apply.

What Counts as “Custody”?

This is where things get complicated. Custody doesn’t always mean handcuffs or a jail cell. Courts look at the circumstances of the encounter to decide whether a reasonable person would feel free to leave. Sometimes, even a “casual” interview at a police station can qualify as custody depending on the situation. This is an answer we can only give after reviewing all aspects of a case.

Real Example: Capital Murder Case Suppressed — But Not Dismissed

We recently defended a client charged with capital murder. During the investigation, law enforcement questioned him while he was clearly in custody but they never read him his Miranda rights. We took that issue to court and won a suppression hearing. The judge ruled that our client’s statements to police couldn’t be used at trial. That was a big win but it didn’t mean the entire case was thrown out. Suppression only affected his statements not the other evidence the state had.

Miranda violations only result in a full case dismissal if the statement is the only evidence the prosecution has, or if all their evidence flows directly from the illegal questioning.

Why It Matters

If you’ve been charged with a crime and believe your rights were violated, it’s essential to talk with a criminal defense lawyer who understands how to challenge those issues in court. At McCormick Lawrence, we are a dedicated criminal defense law firm that will analyze every case for possible Miranda violations and fight to get illegally obtained evidence thrown out. Sometimes, it can make or break the case. Other times, it’s just one piece of a much bigger puzzle. Either way, we leave no stone unturned when it comes to protecting your rights.

1. Fourth Amendment Violations During a Traffic Stop

One of the biggest defenses in drug cases comes from the very beginning: the traffic stop or police encounter. Police must have a valid legal reason to pull you over. They cannot hold you longer than necessary unless they have real probable cause. If they use a drug dog, they must follow strict rules on timing and procedure.

We’ve won cases where officers dragged out a stop just waiting for a K-9 to arrive. Courts have ruled that this violates the Fourth Amendment, which protects you from unreasonable searches and seizures. If the stop was illegal, any drugs the police claim to have found cannot be used against you. This is often one of the strongest ways to beat a possession charge after a traffic stop in Mississippi.

2. Illegal Search and Seizure of Your Vehicle, Home, or Property

Even if the initial stop was valid, police must still follow the law when searching your car, your house, or your belongings. Without a proper warrant—or if they go beyond the scope of what the law allows—the search may be unconstitutional.

We frequently see cases where officers claim “probable cause” that doesn’t hold up in court. If the search was illegal, the evidence can be thrown out, which usually results in the charges being dismissed. This defense applies in many situations, from marijuana possession in a car to meth or cocaine found in a house search.

3. Lack of Knowledge or Possession

Mississippi law requires the State to prove more than the fact that drugs were nearby. They must prove that you knew the drugs were there and you had control over them.

If the drugs were found in a shared car, a roommate’s house, or anywhere multiple people had access, the prosecution may not be able to prove possession beyond a reasonable doubt. This defense is especially strong in constructive possession cases where the drugs weren’t actually found on your person.

Honorary Mention: Chain of Custody Problems

Another defense we raise is chain of custody. From the moment the police seize evidence, the State has to prove how it was handled at every step. If the paperwork doesn’t add up, or if there are questions about how the evidence was stored or tested, we can move to have it excluded. Without reliable evidence, the State’s case often falls apart.

Why This Matters

Drug convictions in Mississippi carry serious penalties, including fines, probation, and prison time. But that doesn’t mean every charge leads to a conviction. With the right defense strategy, many drug cases can be beaten.

At McCormick Lawrence, PLLC, our team has handled thousands of criminal cases across Mississippi, and we know what it takes to protect your rights.

If you or a loved one has been arrested for drug possession, trafficking, or any other drug crime, call us today to schedule a confidential consultation with an experienced Mississippi drug defense lawyer.

What is an Arraignment?

An arraignment is a formal court hearing where the court officially begins your criminal case. This hearing typically occurs after you’ve been indicted by a grand jury on felony charges. In misdemeanor cases, arraignments may be set shortly after you’re charged.

During the arraignment, the judge will:

• Confirm that you’ve received a copy of the indictment or criminal charges
• Read the charges or summarize them for the record
• Ask you to enter a plea (guilty, not guilty, or no contest)
• Verify that you have a lawyer and appoint one if necessary
• Review your bond and release conditions if appropriate
• Set deadlines for pretrial motions and the next court dates

When Does the Arraignment Happen?

Under Rule 15 of the Mississippi Rules of Criminal Procedure, the arraignment must be held within 30 days after you are served with the indictment. If you’re in custody elsewhere, the hearing must take place as soon as possible.

Can You Waive Your Arraignment?

In many felony cases, your attorney can waive your appearance at the arraignment by filing a written waiver and entering a not guilty plea on your behalf. This can save you from making an unnecessary trip to court, especially if you live out of town.

Why Is the Arraignment Important?

Although arraignments are often quick, they are a critical part of the criminal court process. They set the schedule for your case and establish key deadlines for filing motions, such as motions to dismiss or motions to suppress evidence. Having an experienced Mississippi criminal defense lawyer before your arraignment ensures your rights are protected from the very beginning.

Facing an Arraignment? Call a Criminal Defense Attorney Today.

If you’ve recently been indicted or received a court date for arraignment, do not go into court alone. The attorneys at McCormick Lawrence, PLLC have extensive experience representing clients at arraignments and throughout the criminal process. We serve clients in Jackson County, George County, Harrison County, and the entire Mississippi Gulf Coast.

Below, we explain the opportunities available to first-time offenders and share real case results from our office to show what’s possible with the right legal team.

What many people don’t realize is this: being a first-time offender opens up opportunities in the criminal justice system—but only if you have the right criminal defense attorney to guide you through it.

Why First-Time Offenders Need a Criminal Defense Attorney

If this is your first offense, you may be eligible for diversion programs, non-adjudication, or other alternatives that can result in a dismissal of charges or clean record. These options are not automatic. In fact, many courts won’t even consider these alternatives unless they’re properly requested by a knowledgeable defense lawyer.

At McCormick Lawrence, PLLC, we focus exclusively on criminal defense in Mississippi. We’ve helped hundreds of clients avoid convictions by negotiating for favorable outcomes in cases ranging from first-time DUI arrests to felony drug charges and misdemeanor assault.

A Conviction—Even for a Misdemeanor—Can Follow You Forever

If you’re charged with simple possession of marijuana, shoplifting, or even a first-time domestic violence charge, pleading guilty without legal advice can be a serious mistake. A conviction, no matter how minor, can impact:

• Your job opportunities
• Your ability to rent housing
• Your gun rights
• Your chances of joining the military
• Your eligibility for student loans

In many cases, a skilled criminal defense lawyer can help avoid a conviction entirely, keep your record clean, and make sure your future isn’t defined by a single mistake.

Common First-Time Offender Programs in Mississippi

If you’re a first-time offender, you may qualify for one of several programs designed to give people a second chance. Here’s a breakdown of the most common options:

Pretrial Diversion

Pretrial diversion is a program offered in some counties for non-violent, first-time offenders. If you’re accepted, your case is paused while you complete certain conditions—such as community service, drug testing, or counseling. Once you successfully complete the program, your charges are dismissed. No conviction. No criminal record.

Non-Adjudication Probation

Non-adjudication is a legal tool where you enter a plea of guilty, but the judge withholds a conviction while you complete court-ordered conditions. If you meet the requirements, the case is dismissed and you avoid a conviction entirely. This is common in first-time DUI, drug possession, misdemeanor domestic violence cases, and many non-violent felony cases.

Drug Court

Drug court is a more intensive, structured program designed for people struggling with addiction. It involves frequent court check-ins, drug testing, and treatment. For eligible first-time felony drug offenders, drug court can be a path to avoid prison and get the charge dismissed after successful completion.

Conditional Dismissal (Pass to the File)

Often called a “pass to the file,” this is a type of informal agreement where the prosecutor agrees to place your case on inactive status. If you stay out of trouble for a set period—usually 6 to 12 months—the case is dismissed without a trial. It’s commonly used for misdemeanors and first-time offenders and is one of the simplest ways to protect your record.

Why Choose McCormick Lawrence for Your First-Time Offense?

Our experience allows us to know the local court systems in Jackson County, George County, Harrison County, and all surrounding courts, and we appear regularly in municipal, justice, and circuit courts throughout the Gulf Coast. We have relationships with prosecutors, understand the programs available, and know how to position your case for the best possible result.

If there’s a way to keep your record as clean as it was before your arrest, we’ll find it.

Real Case Results

Trafficking Charges Dismissed and Expunged: On January 13, 2021, two clients were arrested and charged with trafficking marijuana, facing a minimum of 10 years and up to 40 years in prison. We negotiated a reduction to possession, and both clients pled guilty to 5 years non-adjudicated probation on August 30, 2022. On October 10, 2024, we obtained a court order expunging the arrest and charges from their records.

Armed Robbery Reduced to Probation: On December 14, 2021, two clients were arrested for armed robbery, facing potential life sentences. After strategic plea negotiations and presenting mitigating evidence at sentencing, the court accepted a reduced charge and sentenced both to 5 years of non-adjudicated probation.

Conspiracy Plea Avoids Armed Robbery Conviction: On November 29, 2019, a client charged alongside five others in an armed robbery case avoided a felony robbery conviction. We successfully negotiated a plea to conspiracy, and our client received 5 years non-adjudicated probation.

Pretrial Diversion for Embezzlement: In two recent embezzlement cases, we secured placement into the pretrial diversion program for our clients, allowing for eventual dismissal and the opportunity to expunge the charges.

Call Now—Your Record Might Depend on It

If you’ve been arrested for the first time, getting legal help early could be the difference between a clean record and a lasting conviction. Our attorneys will walk you through your options, explain every step, and fight to keep your future intact. Call McCormick Lawrence, PLLC today.

Related Blog Posts:

• Expunging a Felony in Mississippi: What You Need to Know
• Top 5 Mistakes to Avoid When Facing Criminal Charges in Mississippi
• Arrested: What to Expect Next

Here’s what you can expect when you reach out to our firm:

1. You Will Most Likely Speak With a Member of Our Staff First

When you call, you’ll most likely be greeted by a member of our staff — usually Kendall Carlson, our lead paralegal and truly one of the best in the business. Kendall has been an integral part of our team for over 6 years, and excels working criminal defense cases. She knows the system inside and out, and frankly, she has as much practical knowledge as many lawyers.

Kendall will gather the basic information about your case, get your contact details, and may ask for documents like a ticket, bond paperwork, or a court notice if you have them. From there, she relays everything to one of our attorneys so we can begin reviewing your situation without delay.

2. Your Call Will Be Returned Quickly — Usually the Same Day

It’s our internal rule to return all calls within the same day, and we take that seriously. That said, we are a two-lawyer firm, and there are days when we are in court all day or busy preparing for trial.

Because of that, we sometimes return calls in the order we believe is most urgent based on the situation. That’s why it’s important to give our paralegal as much detail as possible when you first call — it helps us prioritize and respond more effectively.

But no matter what, one of the lawyers — either Cameron McCormick or Bay Lawrence — will personally return your call. We don’t believe in handing you off or giving generic answers. We take the time to understand your case and give you real advice that is tailored to your specific situation.

3. A Lawyer Will Personally Review Your Case

Once we have an understandings of the basics, your case will be reviewed by either Cameron McCormick or Bay Lawrence. We’ll look at the charges, where the case is pending, and any background details that might affect how we approach it. We’ll let you know if we think you have a potential defense, what issues might need to be investigated, and what the general timeline could look like.

We don’t make promises on the front end — and that’s for a reason. Most of the time, we simply don’t have all the facts yet. Police reports may be missing, videos have not been reviewed, and the full story has not been told. It’s also important to know that we cannot help in every situation. But if there is a way forward, we will find it — and we will not just tell you what you want to hear, but we will always be honest with you about where things stand.

4. We’ll Be Honest About Fees — and About Whether We’re the Right Fit

We’ll tell you up front if we think your case is a good fit for us, and we’ll also be completely transparent about the cost. For most DUI, misdemeanor, or routine felony cases, we offer flat fees, so you’ll know exactly what to expect. For more complex or serious charges, we’ll walk you through the details and break down what’s involved before you ever make a decision.

But here’s the important part: even if it’s not a case we would take, or if you can’t afford our services, we still try to help. Whether that’s pointing you in the right direction, giving you some guidance, or explaining the court process, we take real pride in helping people solve their problems — not just selling legal services.

5. You’ll Leave the Call With a Plan

Whether you end up hiring us or not, our goal is for you to hang up the phone with a better understanding of what comes next. We’ll make sure you know what your next steps should be, when and where your court date is (or how to find it), and what documents you need to hold onto. We’ll also explain what to avoid — especially speaking to law enforcement without a lawyer present. In some situations, we may ask you to gather additional information, like paperwork from the court or details about your arrest, so we can give you better guidance on your options. Even in cases where we are not the right fit or cannot take the case, we still try to guide many people through the process — whether that’s helping them find the right courthouse location, or explaining what they can expect in front of a certain judge depending on the type of hearing they have coming up.

Need a Criminal Defense Lawyer in Mississippi? Let’s Talk.

If you’ve been arrested or charged with a crime in Pascagoula, Biloxi, George County, or anywhere in South Mississippi, don’t wait to get help. The earlier you speak with a criminal defense attorney, the better your chances of protecting your rights and your future.

At McCormick Lawrence, PLLC, we’ve handled thousands of criminal cases — from DUI and drug charges to violent crimes and probation violations. We take every call seriously, and whether you hire us or not, we’ll help you understand what you’re facing and what to do next. Call us today for a confidential consultation.

If you or someone you know has been arrested in Pascagoula, Biloxi, Lucedale, or anywhere else on the Mississippi Gulf Coast, here are the top 5 mistakes we see people make — and how to avoid them.

1. Talking to the Police Without a Lawyer

We say this all the time: don’t talk to law enforcement without a lawyer — ever. It doesn’t matter if you think you’re helping your case, or just “clearing things up.” The truth is, if the police have enough evidence to arrest you, they’re going to do it whether you talk or not. And if they don’t have enough evidence, your words might be exactly what gives them probable cause.

We get that it may feel like refusing to talk makes you look guilty — but the law says they can’t use your silence against you. You have a constitutional right to remain silent, and exercising that right is smart, not suspicious. In fact, the best thing you can say is: “I’m not answering any questions without my lawyer present.” Then stop talking.

Once you start talking, even something small or innocent can be twisted, misunderstood, or taken out of context. It’s one of the biggest and most common mistakes people make — and we see it come back to haunt them all the time.

2. Waiting Too Long to Hire a Criminal Defense Lawyer

Time is not your friend when you’re facing criminal charges. The longer you wait to get a lawyer involved, the more risk there is of missing important opportunities — especially when it comes to protecting evidence that could help your case.

Surveillance footage gets erased. Witnesses disappear or forget details. Officers move on. We’ve seen cases turn on a single piece of evidence that would have been lost if we hadn’t acted quickly. A good defense often starts before charges are even filed — sometimes we’re able to prevent them entirely.

Hiring a criminal defense attorney early means someone is looking out for your rights from the very beginning. Whether it’s filing motions to preserve evidence, requesting body cam footage, or building a strategy from day one, early intervention can make all the difference.

3. Posting on Social Media About Your Case

Avoid talking about your case online — even if your account is private. Prosecutors and investigators often check social media for statements or photos they can use in court. Don’t give them anything to work with.

4. Missing Court Dates or Deadlines

Nothing hurts a case faster than missing court or picking up new charges while you’re out on bond. When we get hired on a case where there’s already a bench warrant out or the client’s gotten into more trouble, it’s like starting a baseball game down five runs in the first inning. You’re not out of the game, but you’re definitely not in a good position.

Judges take missed court dates seriously, even if it was a mistake or a mix-up. And prosecutors are a lot less willing to negotiate if they think you’re not taking the case seriously. One of the easiest ways to help yourself is to stay out of trouble and show up on time, every time.

If you’re not sure when your next court date is, call the court or your lawyer. Don’t wait until it’s too late.

5. Assuming the Charges Will Just Go Away

Hoping a case will be dismissed on its own is a risky bet. Even minor charges can have long-term consequences on your job, license, or criminal record. The sooner you take your charges seriously and start building a defense, the better.

Get Help from Experienced Mississippi Criminal Defense Attorneys

At McCormick Lawrence, we represent clients across South Mississippi with charges ranging from DUI and drug offenses to violent crimes and white-collar cases. If you’re facing charges in Pascagoula, Biloxi, Lucedale, or anywhere in between — we can help.

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.

What Counts as Burglary?

Under Mississippi law, burglary basically means breaking into or out of a place with the intent to commit a crime.

• Breaking into a home (dwelling)— even if no one’s inside — can result in a 3 to 25 year prison sentence.
• Breaking in when people are home and terrorizing them? That crimes carries a minimum of 10 years.
• Already inside someone’s house and break out (literally busting through a door or wall)? That’s burglary too, and could be punishable by up to 10 years.
• Lawfully inside but break an inner door to commit a crime? That’s burglary, too, and also up to 10 years.

Burglary doesn’t have to be a house.

Breaking into a car, truck, or trailer— even a boat or railroad car — counts.

Breaking into a store, warehouse, or even a tent counts.

Breaking into a church or place of worship is treated more seriously, with up to 14 years in prison.

Burglary with Explosives is Bigger Trouble

If someone uses explosives (like nitroglycerine or dynamite) to crack open a vault or safe, that’s called burglary with explosives — and it carries a staggering 5 to 40 years behind bars.

Carrying Burglary Tools? That Alone Is a Crime.

Even if you never break in, just being caught with burglary tools (like crowbars, lock picks, or other specialized equipment) can land you up to 5 years in prison or up to 1 year in county jail.

What Are the Defenses to Burglary Charges?

Just because you’re charged with burglary doesn’t mean you’re guilty. Common defenses we explore include:

• Lack of intent — You didn’t intend to commit a crime when entering.
• Mistaken identity — You were wrongly identified or accused.
• Permission to enter — You were allowed to be there.
• No actual breaking or entering — The law requires specific elements that the prosecution must prove beyond a reasonable doubt.

At McCormick Lawrence, we dig deep into the facts, challenge the evidence, and fight to protect your rights. Every case has a defense — we help you find it.

Call Us Today — We’re Here to Defend You

Facing a burglary charge? Call us for a free consultation. We’ll break down your options, explain what the law really says, and fight hard to protect your rights and your future.

The State Has a Duty—But It’s Not Unlimited

The prosecution is required to preserve evidence that could play a role in the defense of someone who is accused or later charged for a crime. Does that mean the police must save every piece of evidence? No. The United States Supreme Court and Mississippi Courts have made it clear that the evidence must be material—in other words, obviously helpful—and it can’t just be based on a guess or hope that it might help.

The Three-Part Legal Test

When the defense argues that the loss of evidence violated their rights, courts look at a three-part test:

1. Was the evidence clearly exculpatory? Meaning, was it obvious the evidence could help prove the defendant’s innocence before it was destroyed?
2. Could the defense get the same evidence elsewhere? If there’s another way to obtain the same information, this part isn’t satisfied.
3. Was the evidence destroyed in bad faith? Accidental loss isn’t enough—there must be proof the State intentionally destroyed it with a desire to suppress the truth.

No Bad Faith, No Violation

Accidental loss isn’t enough. If evidence is destroyed without any intent to deceive, it doesn’t rise to the level of a constitutional violation.
Even when potentially helpful evidence is lost—like clothes worn during an assault, or physical remains needed for DNA testing—the defense has to show intentional destruction or fraudulent motive. Without that, the courts won’t assume the evidence would have helped the accused.

Final Thoughts: What This Means for Defendants

If you’re facing criminal charges and evidence you believe could help you has been lost, it’s not automatically a get-out-of-jail-free card. Your lawyer will have to show not just that the evidence is missing, but that it was clearly helpful, irreplaceable, and destroyed in bad faith.
At McCormick Lawrence, we don’t let the State off the hook. We dig deep into how evidence is handled and fight to protect your constitutional rights at every stage of the case.

Facing criminal charges?

Don’t leave your defense to chance—get a lawyer who knows how to fight back when the State loses evidence. Call us today or reach out through our website at mccormick-lawfirm.com for a free consultation.

Under both the U.S. and Mississippi Constitutions, your home is entitled to the highest level of privacy protection. That means police generally cannot search your house without a warrant signed by a judge. There are, however, a few narrow exceptions to this rule—one of the most important being what’s called “exigent circumstances.”

What Are Exigent Circumstances?

Exigent circumstances exist when getting a warrant isn’t practical because of an emergency. This may include:

• Police actively chasing a suspect for a felony offense

• A risk of imminent destruction of evidence

• A threat to someone’s life or physical safety

Even when one of these situations exists, the burden is always on the State to prove that exigent circumstances justified the warrantless entry. And even then, it may only justify entering the home—not necessarily conducting a full search.

What Should You Do if Police Come to Your Door?

If law enforcement shows up at your home, you are well within your rights to ask to see a warrant before opening the door. Unless they can show you a valid, judge-signed warrant for your home, you do not have to let them in.

However, be aware of the Plain View Doctrine: if you open the door and officers see drugs, weapons, or other evidence of a crime in plain view, that may give them grounds to enter or later obtain a search warrant. In other words, what they see from the threshold could be enough to justify further action.

Two Other Common Exceptions: Consent and Protective Sweep

• Consent: If someone with authority over the home voluntarily consents to a search, officers don’t need a warrant. But consent must be freely and voluntarily given. If it’s the result of pressure, threats, or deception (for example, “If you don’t let us in, we’ll arrest you”), a good defense lawyer can argue the consent was invalid.

• Protective Sweep: If someone is arrested inside the home, officers may conduct a brief search of the surrounding area if they reasonably believe another person inside poses a danger. This isn’t a full search—it’s a limited check for safety purposes. But in practice, we often see these sweeps lead to evidence being spotted in plain view, which can then lead to a search warrant.

Final Thought

If your home was searched without a warrant, don’t assume the evidence against you is valid. Contact our office today for a free consultation. We’ll review your case, determine if your rights were violated, and fight to get illegally obtained evidence thrown out. Your freedom and your future deserve a strong defense.

What is a Grand Jury?

A grand jury is a group of citizens made up from within the county who are called to serve by a circuit court judge. This is similar to being called for regular jury duty, but instead of sitting through a trial, grand jurors whether there is probable cause to indict someone with a crime.

In Mississippi, a grand jury must have at least 15 members but no more than 25.

What Does a Grand Jury Do?

The job of a grand jury is to investigate criminal activity and to determine whether formal charge should be brought. If they find probable cause that a crime has been committed and a particular person committed that crime, they can return what’s called “A True Bill”—which means an indictment will be issued.

In order to indict someone, at least 12 of the grand jurors must agree.

Who Can Be in the Room During a Grand Jury?

Grand jury proceedings are not open to the public. Only the grand jurors, prosecuting attorneys, and any witnesses are allowed in the room. During deliberations and voting, only the grand jurors are allowed to be present.

This process is designed to protect the privacy of the investigation and the reputations of those who might be falsely accused.

Are Grand Jury Proceedings Secret?

Yes. In Mississippi, grand jurors are sworn to secrecy. They are not allowed to discuss what took place in the proceedings or share any information for at least six months after the grand jury is dismissed.

This confidentiality is a core part of how the grand jury system works.

Should You Testify Before a Grand Jury if You’re Under Investigation?

NOT WITHOUT TALKING TO A LAWYER FIRST. If you have been issued a subpoena to testify and you believe that you are under investigation for a crime, it’s critical that you speak with a criminal defense attorney before proceeding. Remember, your lawyer is not allowed in the room when you decide to testify before a grand jury.

At our firm, we rarely allow clients to testify before a grand jury unless there is a signed agreement granting full immunity from prosecution for that specific charge (or any lesser-included offenses).

Talk to a Criminal Defense Lawyer in Mississippi

If you’ve received a grand jury subpoena, or you think you may be under investigation for a crime, do not navigate the system alone. Contact McCormick Lawrence today for a free consultation. We’re here to protect your rights and help you understand every step of the criminal process.