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  1. #1

    Default How Long After Arrest Before You Have a Preliminary Hearing

    My question involves criminal law for the state of: Mississippi

    I was arrested April 2009, and bailed out on felony possession charge 2 days later. I went for my bail hearing on the 2nd day with a bunch of other inmates and he just set my bail & that was it. After that, I retained a lawyer, and we haven't heard a single thing from the police, DA, etc. since. My lawyer says that contacting them about it would be "waking the sleeping giant", but didn't they have to bring charges against me within 2 yrs, as per the Mississippi Code? Thanks for anyone's help.

    99-1-5. Time limitation on prosecutions.



    The passage of time shall never bar prosecution against any person for the offenses of murder, manslaughter, aggravated assault, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud, felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, sexual battery of a child as described in Section 97-3-95(1)(c), (d) or (2), or exploitation of children as described in Section 97-5-33. A person shall not be prosecuted for conspiracy, as described in Section 97-1-1, or for felonious assistance program fraud, as described in Section 97-19-71, unless the prosecution for such offense be commenced within five (5) years next after the commission thereof. A person shall not be prosecuted for larceny of timber as described in Section 97-17-59, unless the prosecution for such offense be commenced within six (6) years next after the commission thereof. A person shall not be prosecuted for any other offense not listed in this section unless the prosecution for such offense be commenced within two (2) years next after the commission thereof. Nothing contained in this section shall bar any prosecution against any person who shall abscond or flee from justice, or shall absent himself from this state or out of the jurisdiction of the court, or so conduct himself that he cannot be found by the officers of the law, or that process cannot be served upon him.


    Sources: Codes, Hutchinson's 1848, ch. 65, art. 2(52); 1857, ch. 64, art. 247; 1871, § 2766; 1880, § 3002; 1892, § 1342; 1906, § 1414; Hemingway's 1917, § 1169; 1930, § 1194; 1942, § 2437; Laws, 1912, ch. 261; Laws, 1989, ch. 567, § 1; Laws, 1990, ch. 412, § 1; Laws, 1993, ch. 440, § 1; Laws, 1998, ch. 582, § 1; Laws, 2003, ch. 497, § 1; Laws, 2004, ch. 539, § 1; Laws, 2008, ch. 530, § 1; Laws, 2010, ch. 358, § 1, eff from and after July 1, 2010.

  2. #2
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    Default Re: How Long After Arrest Before You Have a Preliminary Hearing

    The only ways to get this taken care of are: As I stated in your previous thread, everybody get together and discuss it. If it is time-barred, letting the prosecution know about it does nothing but let them know they missed out. If it isn't, which I doubt but as I also said I don't know all of MS caselaw on these issues, then they will move forward and you can get it resolved. The other way is for your attorney to make a motion to dismiss the charges because of the expiration of SOL. Same possible outcomes as the sit-down.

    The only way to resolve this is to bring it to the prosecution's attention. Otherwise, you will forever live in fear of what might happen. Not to mention continue paying your attorney to basically do nothing.

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