What Does It Mean to Be Indicted in Mississippi?
One of the most common questions I get as a criminal defense lawyer is: “What does it mean that I’ve been indicted?”
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.