Legal Question in Criminal Law in Mississippi

paperwork lost in criminal case

My husband was arrested for drug charges 4/30/08. He made bail the next day. Our first court date was july 22, 2008, where he was indicted. We then came back in September, supposedly to be arraigned. However, his name wasn't on the docket. We received another letter in the mail, telling us the next court date was in november. We went to this also, but his name wasn't on the docket still. The public defender stated that for ''whatever reason, his paperwork has slipped through the cracks.'' She told us to just sit tight and once 270 days pass, the case would be dropped. So we thought everything was okay. Then all of a sudden we get a call from her telling us to be at the courthouse may 11, 2009- last week. She stated that we would have to begin the whole process again, b/c someone lost his papers. We asked her if the 270 days didn't apply and she said she wasn't sure and would check with the judge. Well, in the next 15 mins. we went before the judge (for indictment) and she didn't mention ANYTHING. What rights do we have at this point?


Asked on 5/19/09, 7:58 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

Re: paperwork lost in criminal case

Unfortunately for you the Public Defender failed to advise you that in Mississippi the "270 day" rule applies once arraignment has taken place. The "270 day time frame" is measured from and after arraignment, which is the date the initial plea of "Not Guilty" is entered. However, in this case competent criminal defense counsel may be able to use an argument that the traditional "speedy trial" rights apply if you were prejudiced by the delay and obtain dismissal of the charge. You need to contact an aggressive competent criminal defense attorney at once!

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Answered on 5/20/09, 3:35 pm


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