After an arrest, the law enforcement officer prepares a written report of the incident, collects evidence, takes statements, etc. Once the investigation is completed, all of the information is forwarded to the District Attorney’s Office and assigned to an Assistant District Attorney (ADA).
The ADA will review all of the information. If it is determined that the evidence is sufficient on which to base prosecution, formal charges will be filed against the defendant.
A Grand Jury is a closed hearing not open to the public. The Grand Jury is made up of normal citizens that hear testimony and decide what the defendant’s formal charge, if any, will be.
After formal charges are filed, the defendant will be arraigned. At an arraignment, the defendant pleads “guilty” or “not guilty” and a pretrial motion hearing is scheduled. If the defendant pleads guilty, he will be sentenced by a judge at that time. If he pleads not guilty, a trial date will be set.
In a criminal case, one or more pretrial motion hearings may be scheduled. A motion is a written or verbal request by the defendant’s attorney for the judge to issue a ruling or an order. A common motion may include requests for mental evaluations, inclusive or exclusive at trial, bond modification, etc. Usually an officer will testify as to why the defendant was arrested. If the judge does not find probable cause, the defendant will be released from his bond obligation or from jail.
There are usually several cases set for trial on the same day or in the same week. Subpoenas are issued for the witnesses, and in felony cases, a jury is selected. A felony criminal trial can last up to a week, and a misdemeanor trial will last about an hour or more. All trials consist of opening arguments, testimony and closing arguments. In most felony trials, the jury will decide if the defendant is guilty or not guilty. In misdemeanor trials, the judge will decide.
If a defendant is found guilty by a judge or jury, he may be sentenced that day. A judge is responsible for sentencing the defendant. Some judges order a presentence investigation in which the defendant’s prior offenses, severity of the crime and impact on the victim are examined. The judge will schedule sentencing at a later date once the presentence investigation is complete.
Last Edited: April 8, 2024
District Attorney
Desoto Administration Building
365 Losher Street, Suite 210
Hernando, MS 38632
Phone: 662-469-8014
Fax: 662-469-8231
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MISSION STATEMENT
Our mission is to pursue justice on behalf of the good law abiding citizens of Mississippi by zealously and ethically prosecuting individuals who commit felony crimes in DeSoto County. In the pursuit of justice, our office will advocate for victims and their families, promote public safety, protect the innocent, and hold criminals accountable. We strive to keep our communities safe through the collaboration and partnerships with law enforcement, community leaders, other government agencies, our citizens and people they elect.