Legal Question in Criminal Law in Mississippi

I let someone stay in my home, free and had several valuable items (wedding rings, ect) stolen. I pressed charges and had her arrested, and she plans to plead guilty. ( I have lots of evidence). My question is mixed. I would like to get some kind of restitution, but my understanding is that MS only allows up to 5K. and my items were worth twice that amount. I realize, it is probably wishful thinking.. Would having her sign a promissory note for an agreed amount be a poor decision ? I would just as soon have the money she will have to pay the court system and by paying me she will learn from her mistake.. IF she pays.. or should I just let the court system do what they will?


Asked on 10/03/14, 10:43 am

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

The amount of restitution is not limited in the Circuit Court in Mississippi. It may be limited in amount if you are proceeding in a Municipal or Justice Court. You will NEVER convince the court to divert fine funds from her to your benefit in my opinion. Having her sign a "Note" stating an agreed sum would allow you to present a document she acknowledges is accurate in amount as the total for restitution. In that case the Court may order her to pay you the restitution sum she agrees upon. It certainly cannot "hurt" to obtain a note as I see it. There is no $5000 limit in Mississippi for restitution in Circuit Court. [ For Example: I had a client agree once to paying over $100,000 as a condition of his remaining "free on bond" so he could assist a person he injured in an accident involving alcohol.] See: James Michael Smith versus State of Mississippi [Pearl River County Circuit Court] found in the Southern Reporter system at

942 Southern Second (reporter system) 308 (Miss. Appellate Court 2006)

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Answered on 9/25/15, 2:52 pm


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