Legal Question in Criminal Law in Mississippi

My cousin is in jail, he's being accused of murder. He lives in small town where the police do as they please. He is innocent, the police has no hard evidence against him. He has witnesses that can back him up on this. He cannot afford an attorney. He has been in jail for several months and has a trial date set for next month. Can the police hold him for murder, if they only have information from witnessess only? Can someone please help him?


Asked on 9/18/09, 3:39 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

What needs to be done, immediately, is for your cousin to ask the Court to allow him to apply for a Court Appointed Attorney. Otherwise, someone will need to retain a private attorney to file what is known as a "Petition for Writ of Habeas Corpus" in the local Circuit Court so that the Sheriff will be required to show cause why your Cousin is being held. Is there a Bond Set? If there is a bond set, it must be for a value which can be afforded by the Defendant and if it is too high (such that the Defendant cannot afford to purchase a Bond for that sum at this time) there may have well have been no bond set because the bond which is set is unconstitutionally high

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Answered on 9/23/09, 3:55 pm


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