If you’ve been arrested for a felony in Mississippi but have not yet been formally indicted, your case may be reviewed by a grand jury. This FAQ is designed to explain what that means and what you can expect during the process.
What is a grand jury?
A grand jury is a panel of 15 to 20 citizens who decide whether there is probable cause to formally charge someone with a felony. The grand jury does not determine guilt or innocence — it only decides whether a case should proceed to trial.
Who runs the grand jury process?
The District Attorney’s Office oversees grand jury proceedings. A prosecutor presents witnesses and evidence in a confidential setting. There is no judge, and no defense attorney is allowed to be present during the proceedings.
Can I attend my own grand jury hearing?
No. Defendants and defense attorneys are not permitted to attend. Grand jury sessions are entirely secret by law. Even family members and the public cannot attend.
Can I find out what was said during the grand jury?
No. All grand jury testimony and proceedings are sealed. Witnesses may be subpoenaed to testify under oath, but they are not supposed to share what occurred in the room. The defense does not receive transcripts or records unless charges are filed and a court later orders disclosure in very limited circumstances.
When will the grand jury meet in my case?
Grand juries typically meet two to three times per year in smaller Mississippi counties, although this may vary. In our larger counties, they meet every month or every other month. There is no fixed deadline for when your case must be presented to the grand jury. However, your attorney can monitor the process and may be able to take some limited steps to address unreasonable delays if they occur.
What happens if I’m indicted?
If the grand jury determines that probable cause exists, they will issue a true bill, which means you are formally charged. Your case will then move forward in circuit court, beginning with an arraignment, where you will enter a plea and receive a court schedule.
What happens if I’m not indicted?
If the grand jury declines to indict, they will issue a no bill, and the case is dismissed. If you are in custody, you will be released on the charge that the grand jury considered.
Can my lawyer do anything before the grand jury meets?
Yes. Even though defense lawyers cannot attend grand jury sessions, we can:
- Communicate with the prosecutor’s office (when appropriate),
- Monitor the timing of your case,
- Help you prepare if you are subpoenaed as a witness,
- Submit favorable information for prosecutorial consideration, where permitted by law.
Should I talk to the police or prosecutor before indictment?
No. You should never speak to law enforcement or the District Attorney’s Office without first consulting your lawyer. Even informal conversations can be used against you later.
Do I need to be doing anything right now?
Yes. The pre-indictment period is a critical time to:
- Gather documents, records, or evidence that may help your case,
- Identify helpful witnesses,
- Work closely with your attorney to prepare for all potential outcomes.
Waiting passively is not advisable — we use this time to get ahead of the case and develop your defense strategy.
If you or a loved one are facing a felony charge in Mississippi state courts, do not hesitate to reach out to us for representation. It's what we're here for!