DeSoto County Criminal Law – What You Need to Know

Criminal law in DeSoto County can be complicated and scary. As a lawyer practicing here, I want to help explain it in simple terms so you understand your rights and options. This is not formal legal advice, just some friendly information to help you out.

First, lets talk about what crimes fall under county jurisdiction. The DeSoto County Court handles misdemeanors and preliminary felony hearings. Misdemeanors are less serious crimes like petty theft, simple assault, drunk driving, disorderly conduct, etc. Felonies are more serious like murder, rape, robbery, etc. If your charged with a felony it will start in county court, then get sent to circuit court for the full trial.

The county court is split into civil, criminal and youth divisions. The criminal division hears the misdemeanors and felony prelims. There’s also a county jail where suspects await trial. The head honcho is the County Court Judge. He or she decides whether there’s enough evidence to send felonies to circuit court for trial.

Now, what happens when your arrested? First the police will take you to jail and book you. That means you get photographed, fingerprinted, and they take your personal property for safekeeping. Then within 48 hours you’ll go before a judge who decides whether to set bail. If you can pay the bail amount, you get released until your trial. If not, you stay locked up.

Once charges are filed by the District Attorney, you’ll be arraigned. That’s when you enter a plea – guilty, not guilty or no contest. Then they’ll set dates for your trial and pretrial hearings. If your case stays in county court, the judge will decide your guilt during a bench trial. If it’s a felony, a jury will decide in circuit court.

Let’s discuss some common defenses:

• Self Defense – You can use reasonable force to protect yourself or others from harm. This can justify assault, battery, even homicide in some cases.
• Insanity – If you didn’t understand right from wrong at the time due to mental illness, you may be found not guilty by reason of insanity. Then you’ll likely be committed to a psychiatric hospital instead of prison.
• Intoxication – Being drunk or high can negate intent for some crimes like murder. But it’s not a valid defense for things like assault or DUI.
• Entrapment – This argues police improperly induced you to commit a crime you wouldn’t otherwise do. It’s tricky to prove and rarely works.
• Misidentification – If the witness who identified you is wrong or lying, this can create reasonable doubt about your guilt.
• Alibi – If you have evidence proving you were somewhere else at the time of the crime, it can exonerate you. Just make sure your alibi is air tight.
• Illegal Search – Arguing the police violated your 4th Amendment rights by searching without probable cause or a warrant. This can get evidence thrown out.

Now what kind of sentences are we talking for misdemeanors? Jail time up to 1 year per count, fines up to $1000, probation. Felonies can result in years in state prison. The judge considers factors like your criminal history and severity of the crime when deciding punishment.

If you do get convicted, all hope is not lost! You may still be able to appeal, or in some cases get your record expunged later on. An appeal argues the trial court made legal errors – like allowing biased jurors or improper evidence. Expungement clears your record so the conviction doesn’t show up on background checks.

The most important thing is getting a good lawyer on your side early on. The right attorney can get charges reduced or dismissed, develop defense strategies, negotiate better plea deals, and defend your rights every step of the way. Don’t try to navigate the system alone.

Public defenders are free lawyers appointed by the court if you can’t afford one. They’re usually overloaded with cases though. A private criminal defense attorney with experience in DeSoto County may serve you better. Shop around, many offer free consultations.

I hope this informal overview helps you understand the basics of criminal law in DeSoto County. The justice system can be intimidating, but knowledge is power. With preparation and a vigilant attorney, even the accused can get a fair shake. Stay strong and know your options. Don’t hesitate to reach out if you need advice or representation. I’m always happy to help!