The Marshall Project is a nonprofit newsroom covering the U.S. criminal justice system. Sign up for our newsletters to receive all of our stories and analysis. In Mississippi’s Hinds County — the state’s most populous county and home to Jackson, the state capital — thousands of people arrested each year on felony criminal charges can move through as many as three different courts. The Marshall Project – Jackson tapped experts and reviewed court rules to answer common questions about the process.
What rights does a person have after arrest? A defendant has a constitutional right to remain silent. This means someone under arrest can refuse to speak with police or to speak to police only with their lawyer present. Also, a defendant has the right to call a lawyer, and anyone who cannot afford to hire a private attorney also has the right to have a lawyer provided for them by the court free of charge.
What happens after someone has been arrested on a felony, or serious criminal charge, in Hinds County? Mississippi court rules require that the arrested person see a judge within 48 hours if that person is jailed. The court hearing is called the “initial appearance.”
What happens at an initial appearance? A judge generally determines whether a defendant is eligible to be released from jail while waiting for a criminal case to move through the legal system. The judge may require that a defendant follow certain requirements to be released from jail.
Where is the initial appearance held? Where an initial appearance takes place depends on which law enforcement agency made the arrest and where the arrest happened. People arrested within the city limits of Jackson by the Jackson Police Department typically have an initial appearance at the Jackson Municipal Court at 327 East Pascagoula St.
Will a defendant get an attorney at the initial appearance hearing? The judge should determine whether the defendant can afford an attorney. If the judge determines someone is too poor to afford a private practice attorney, the judge should appoint a lawyer at the county’s expense.
Is there a public defender for the county? If someone is arrested in Jackson or Hinds County and cannot afford an attorney, that person will likely be represented by the Hinds County Public Defender’s Office. The Public Defender’s Office, which has no website, can be reached at 601-948-2683.
What happens if a person is arrested by an agency other than the Jackson city police? People arrested within the city limits of Jackson by the Capitol Police go to Hinds County Court, located in the Hinds County Courthouse at 407 East Pascagoula St., for their initial appearances. As of January 2024, state law requires that people arrested on felony charges by Capitol Police would have their initial appearance before a newly created court, the Capitol Complex Improvement District Court, usually just called the “CCID court.” Federal litigation related to the CCID is ongoing, and state officials have not said when they believe the new court will begin operating. No judges have been appointed yet.
What makes the Capitol Complex court different? Unlike all other judges in the state, who are elected by the voters, the new district court judges are appointed by the chief justice of the Mississippi Supreme Court.
Where is the Capitol Complex Improvement District located?
The CCID refers to the area within Jackson and around the Capitol where Capitol Police have jurisdiction (see map here). A lawsuit in federal court is attempting to block the creation of this Capitol Complex court. The lawsuit claims that the new court unconstitutionally undermines the power of Black voters in Jackson to have a say in the election of local judges and prosecutors.
What if someone is arrested outside of Jackson and the Capitol Complex district? People arrested by the Hinds County Sheriff’s Office outside the cities in Hinds County will typically also have an initial appearance at the Hinds County Court. There are several smaller cities in Hinds County as well. People arrested in the city of Clinton go to the municipal court there and, if they can’t afford their attorney, are represented by the Hinds County Public Defender’s Office. In the city of Byram, initial appearances for felony defendants also occur in the city’s municipal court, with a city public defender available.