Legal Question in Criminal Law in Mississippi

Re: how long does it take to be indicted

What you refer to is the combination of three (3) different legal doctrines or laws. You are combining the principles of the "Speedy Trial Laws" with the "Statute of Limitations" and a law known as the "270 day Rule." Under the Statute of Limitations the State has three (3) years from the date of the offense to prosecute the offense. (Some offenses, such as Murder, are not subject to a "Statute of Limitations" thus they can be prosecuted no matter how long after the crime was committed). However, the Statute of Limitations clock is "tolled" (stopped) when the arrest is made. Therefore, there is no strict limit on the time within which the State may Indict you, once you have been arrested.

On the other hand, there is the "Speedy Trial Law" which requires the State to prosecute you within a reasonable time period and if during that time period the reason for the delay is not a valid and bona fide reason to delay proceedings, AND if the Defendant's defense of the case is prejudiced by the passing of time (i.e., a critical eye witness who can say the drugs were not yours, but were his, dies and you are therefore unable to prove the drugs belonged to someone else) then the Speedy Trial Laws are supposed to work to preclude unfair prosecution of the case.

For those people who are incarcerated the State has two hundred seventy (270) days from and after "Arraignment" (the date the plea of Not Guilty is formally entered before the Circuit Court Judge and an initial trial date is set) within which to take the case to trial. If, during the period of 270 days the Defendant causes a delay or requests a delay, the time period encompassed by the Defendant's delay (or requested continuance) is not counted towards the 270 days.

There are a number of defenses available to the charge for which you are charged. You are strongly encouraged to locate competent Counsel to assist you. In order to take advantage of the Speedy Trial Law dismissal the Defendant must affirmatively assert his right to a speedy trial in the early stages of the case and that assertion must be ignored by the State. Failure to assert the right to Speedy Trial may result in the Court finding that the Defendant has waived his rights to a speedy trial.

Compentent criminal defense Counsel can always assist you in the presentation of a comprehensive defense including but not limited to the issues discussed above. Contact a competent criminal defense Attorney soon to initiate discussion on the things that need to be done to protect your interests at once.