Criminal Defense Lawyer Mississippi

Protecting the Accused. Upholding Justice. Serving Mississippi.

Since 1992, I’ve been standing strong for clients, providing steady support when they need it most. I understand the stress that comes with legal uncertainty – and I’m here to help you bear that burden and take the next step forward.

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Queenie Mullinix
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Knowledgeable, caring and quick service! He answered all our questions and concerns about my 93 year old mother’s health proxy and durable power of attorney. Documents were signed and we were on our way in about 45 minutes with peace of mind. Thanks!
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Dekeya Moody
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Attorney Herrington handled my case with care. He is the BEST family law Attorney in Mobile, Alabama. My case was in Mississippi and he was licensed to practice there. He fought hard for my family and gained a win. We thank god for him !
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Michael Willard
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This attorney has went above and beyond for me best attorney by far thank you so much chip
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Jackie Diaz
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Mr. Herrington does an awesome job for his clients.
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Roseann Buchanan
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1 of 2 of my absolute favorite attorneys to deal with! So professional, kind and most helpful.

Criminal Defense Attorney Mississippi: Protecting Your Rights When the Stakes Are High

Being arrested or accused of a crime can instantly disrupt your life. One moment you are living normally, and the next you face law enforcement, criminal charges, and a legal system that may seem overwhelming. What you say can be used against you. Each decision, from signing documents to choosing who to contact, can impact your future. Potential consequences include jail time, financial loss, and damage to one’s reputation.

In such situations, having the right defense attorney is crucial. An effective Criminal Defense Lawyer in Mississippi not only understands the law but also recognizes the personal stakes involved. They act swiftly to protect your rights, investigate the facts, and prevent the prosecution from controlling the narrative.

At Chip Herrington, Attorney at Law, we take this responsibility seriously. For over 30 years, Chip Herrington has represented Mississippians accused of crimes from all walks of life. He understands how prosecutors build cases and how Mississippi judges interpret the law. More importantly, he knows how to mount a vigorous defense through evidence, preparation, and persistence.

When facing criminal charges, you need a clear plan, not just promises. Our legal team immediately gathers facts, challenges weak evidence, and holds the State accountable at every stage of the process.

What Are Criminal Charges in Mississippi?

When you are charged with a crime or even placed under investigation, the legal system moves quickly. Police and prosecutors immediately begin gathering evidence, and your actions or statements during the initial hours can significantly impact your entire case. You deserve clear answers about what these charges mean, the relevant laws, and how to protect your future. As your criminal defense lawyer in Mississippi, we explain each step in plain language and act swiftly to safeguard your rights.

How Mississippi Classifies Criminal Offenses

Under Mississippi law, criminal offenses fall into two primary categories: misdemeanors and felonies. The distinction lies in both the seriousness of the conduct and the potential punishment.

  • Misdemeanors: These are less severe offenses, but still carry potential jail time, fines, and other consequences. They are typically prosecuted in municipal or justice courts. Penalties can include up to one year in a county jail and fines up to $1,000, depending on the specific offense. A misdemeanor conviction can still affect your employment, driver’s license, and public record.

  • Felonies: These, however, are serious crimes tried in Circuit Court, carrying potential state prison sentences of one year or more. Felony convictions can result in the loss of voting rights, the right to possess firearms, and future career restrictions. The long-term consequences of a felony record often extend far beyond the courtroom.

Even when a charge appears minor, the consequences can endure for years. Pleading guilty without legal advice can limit options for expungement or participation in alternative sentencing programs.

Common Mississippi Misdemeanors

Many Mississippi residents first encounter the justice system through misdemeanor charges. These often include:

  • Driving Under the Influence (DUI or DWI): Under Mississippi law, DUI or DWI can lead to fines, jail time, and license suspension, even for first offenses.

  • Simple assault: A simple assault occurs when no serious injury or weapon is involved.

  • Shoplifting or petty theft: This crime is often charged under the Mississippi shoplifting law, with the severity of the offense increasing for repeated offenses.

  • Possession of small amounts of marijuana: This crime may result in fines or mandatory classes.

  • Public intoxication and disorderly conduct: These offenses are often charged following a misunderstanding or arrest in a public setting.

While these cases may seem minor, a conviction can still result in a permanent criminal record, which is visible to employers and licensing boards. We emphasize early intervention, challenging unlawful stops, searches, or chemical tests, because what occurs before trial often determines the outcome of the case.

Common Mississippi Felonies

Felony accusations demand immediate legal action. A felony conviction can mean prison time, probation, loss of rights, and long-term stigma. We regularly defend clients facing charges such as:

  • Drug distribution or trafficking: These can carry mandatory minimum prison sentences under state law, depending on quantity and prior convictions.

  • Aggravated assault: This is a crime involving a deadly weapon or serious bodily injury.

  • Burglary, robbery, or armed robbery: These offenses are prosecuted under Mississippi law, often with enhanced penalties for repeat offenders.

  • Sex offenses: Under Mississippi sex crime laws, these crimes bring severe penalties, mandatory registration, and lifelong consequences.

Felony cases typically begin with an indictment by a grand jury and proceed through arraignment, discovery, and pre-trial motions. A skilled defense focuses on constitutional protections, challenging unlawful searches, questioning the reliability of witnesses, and ensuring the prosecution meets its burden of proof beyond a reasonable doubt.

What These Charges Mean for Your Life

Criminal allegations in Mississippi do not merely threaten your freedom; they affect nearly every aspect of your life. A conviction, even for a first offense, can lead to:

  • Loss of civil and firearm rights, particularly after a felony conviction.

  • Denial of employment and housing due to background checks.

  • Suspension of professional licenses for teachers, nurses, and other credentialed professionals.

  • Immigration consequences for non-citizens, including visa denial or deportation.

  • Strained family relationships and lasting damage to your reputation.

This is why early legal representation is crucial. We take immediate steps to protect your rights and limit the negative impact. We review evidence, identify constitutional violations, and advocate for dismissals or reduced charges whenever possible.

Chip H.

Navigating Plea Deals and Court Proceedings

Criminal cases in Mississippi follow a series of steps governed by the Mississippi Rules of Criminal Procedure and Title 99 of the Mississippi Code. While the process is consistent statewide, the approach varies depending on the county and the preferences of individual judges or prosecutors.

Here’s what you can expect:

  1. Arrest and Initial Appearance: After an arrest, you will appear before a judge within 48 hours for an initial hearing. During this hearing, the court informs you of the charges, sets bail, and ensures you have or can get legal representation.
  2. Arraignment: Once charges are formally filed—either through an affidavit for misdemeanors or a grand jury indictment for felonies—you attend an arraignment. At this stage, you enter a “not guilty” plea, which preserves your rights and allows your lawyer to gather evidence. Your attorney will request discovery, including police reports, body camera footage, and lab results, to evaluate the State’s case.
  3. Preliminary Hearings and Pre-Trial Motions: If the State’s case lacks probable cause or the police violated your constitutional rights, your lawyer can file motions to suppress evidence or request dismissal of charges. Mississippi courts take violations of the Fourth and Fifth Amendments seriously. Evidence obtained through illegal searches, coerced confessions, or invalid warrants can be excluded, and in some cases, charges can be dropped entirely.
  4. Plea Negotiations: Most criminal cases in Mississippi are resolved through plea bargaining. Prosecutors may offer reduced charges or lighter sentences in exchange for a guilty plea. Your lawyer evaluates these offers and weighs them against the risks of going to trial. Defense attorneys often advocate for alternatives, such as pre-trial diversion, non-adjudication, or conditional discharge, under programs available for first-time offenders or those involved in non-violent crimes. If negotiations fail, your lawyer will prepare for trial to show the State you are ready to fight, which can strengthen your position during plea discussions.
  5. Trial and Verdict: If a trial is necessary, felony cases are handled in Circuit Court, while misdemeanors are tried in Municipal or Justice Court. Trials may be decided by a jury of twelve for felonies or by a judge alone. The prosecution must prove guilt beyond a reasonable doubt, a high legal standard that requires strong evidence. Your lawyer will build a defense using cross-examination, expert testimony, and weaknesses in the prosecution’s case.

Plea or Trial: Deciding the Right Path

There is no one-size-fits-all solution. Some cases are best resolved through early negotiations, especially when the evidence is strong and the goal is to avoid jail time or a permanent record. Other cases require going to trial, particularly when your constitutional rights were violated, witnesses are unreliable, or the charges exceed what the facts support.

Our law firm focuses on what matters most to you—whether it is your job, family, or reputation. We create a defense strategy that aligns with your goals, guide you through each step of the process, and keep you informed about every development in your case.

Crafting a Strong Defense Strategy

A strong defense starts well before trial. In Mississippi criminal cases, the best outcomes typically result from early preparation, thorough investigation, and meticulous attention to the law. We do not wait for the State to act first. We are proactive. Our method is organized, straightforward, and based on decades of experience in Mississippi’s Circuit, Municipal, and Justice Courts.

Step One: Listen, Assess, and Secure Evidence

Every defense begins by understanding your story. We want your account of what happened, not just the version in the police report. We meet with you to review the timeline, your interactions with law enforcement, and the specific charges under Mississippi law.

From there, we immediately gather all available evidence. This includes body camera footage, dash camera video, 911 recordings, police reports, forensic tests, and witness statements. Collecting evidence early is crucial because Mississippi discovery rules grant the state significant control over information. If we wait too long, important footage or digital data might be lost or overwritten.

Your honesty is vital at this stage. Full disclosure helps us identify weaknesses before prosecutors do and fix issues in your case before they become problems.

Step Two: Investigate and Challenge the State’s Case

We do not accept the prosecution’s evidence as fact. Our team independently investigates using proven defense methods. We:

  • Review surveillance or dash camera video for differences with police reports.

  • Interview witnesses and record their statements under oath.

  • Visit the scene to assess the timing, visibility, and likelihood of the alleged events.

  • Demand complete discovery through Rule 17.4 motions if the State withholds materials.

  • Collaborate with qualified experts in forensics, toxicology, or digital evidence when specialized analysis is required.

We also check the legality of every action taken by law enforcement. If an officer lacked probable cause, failed to read Miranda rights, or conducted an unlawful search, we file motions to suppress under the Fourth and Fifth Amendments of the U.S. Constitution. Evidence obtained illegally is often excluded from trial, which can weaken the prosecution’s entire case.

Step Three: Use Mississippi Law to Your Advantage

A successful defense combines factual analysis with legal precision. We use the Mississippi Rules of Evidence and the Mississippi Rules of Criminal Procedure to challenge improper testimony, hearsay, or unreliable forensic methods. Each motion and objection is a strategic move, not a reaction. It is designed to shape what the judge and jury actually see.

We also use legal tools specific to Mississippi law. For example, we might request pre-trial immunity hearings under the State’s “Castle Doctrine” in self-defense cases. Or, we might seek non-adjudication in eligible misdemeanor or first-offense cases. These steps can make the difference between a conviction and a clean record.

As your criminal defense lawyer in Mississippi, we explain each of these steps clearly so you always understand why a motion matters and how it protects you.

Step Four: Build a Defense Strategy Just For You

No two criminal cases are the same. A customized defense considers your charges, your goals, and your life outside the courtroom. Depending on your situation, our strategy might include:

  • Seeking outright dismissal of charges based on procedural or constitutional violations.

  • Negotiating for diversion programs or deferred adjudication under Mississippi’s conditional discharge laws.

  • Securing charge reductions or alternative sentencing, such as community service or treatment programs.

  • Preparing for trial with specific themes, carefully chosen witnesses, and cross-examination plans tailored to the tendencies of your assigned judge or jury pool.

Before any significant decision, such as a plea, motion, or trial, we will review your options together. You will see the plan, the risks, and the possible outcomes. You will always have a say in how we move forward.

Take Control of Your Case with Chip Herrington, Attorney at Law

If you are facing criminal charges in Mississippi, you do not have to face them alone. Experience, local insight, and relentless preparation can make the difference between a conviction and a second chance. Not all defense lawyers bring the same focus or strategy. Even state career resources on criminal justice and related majors underscore the breadth of this field—another reminder that specialization matters when your future is at risk.

Our law firm offers:

  • Aggressive, strategic defense in Mississippi courts

  • Clear communication and honest guidance

  • A personalized plan based on your goals

  • Relentless protection of your rights and reputation

When you hire us, you get an advocate who moves fast, thinks several steps ahead, and stands with you from the first call to the outcome. The sooner we start, the more we can do to protect you.

Your future matters. Your freedom matters. Contact us today to schedule a confidential consultation. Let’s take control of your case and fight for the best possible result.

FAQ

What does a criminal defense lawyer in Mississippi do?

A criminal defense lawyer represents individuals accused of crimes by analyzing the charges, advising on legal options, building a defense strategy, negotiating with prosecutors, and advocating for the client in court. Their role includes protecting constitutional rights and seeking the best possible outcome whether through dismissal, reduced charges, or acquittal.

What types of criminal charges can a defense attorney handle in Mississippi?

A criminal defense lawyer can handle a wide range of cases, from misdemeanors (such as simple assault or DUI) to serious felonies (such as drug offenses, burglary, robbery, and violent crime charges). They can also assist with bond hearings, motions to suppress evidence, pre‑trial negotiations, and trial representation.

Do I need a lawyer if I’m arrested or charged with a crime?

Having an attorney is highly recommended because criminal charges can carry serious consequences like fines, jail or prison time, probation, and long‑term impacts on employment or housing. A lawyer can protect your rights, explain the law, and guide you through each stage of the process.

What should I do immediately after being charged with a crime?

If you are charged, it’s important to remain calm, avoid making statements to law enforcement without an attorney present, and contact a qualified criminal defense lawyer as soon as possible. Your lawyer can advise on protecting your rights, gathering evidence, and preparing a defense.

What outcomes can a criminal defense lawyer pursue?

A defense lawyer may work to have charges dismissed, reduced to lesser offenses, or resolved through plea agreements that minimize penalties. If the case goes to trial, the lawyer will advocate for a not‑guilty verdict or the best possible verdict based on the evidence. Their goal is to achieve a favorable result tailored to the facts of your case.

Let’s Talk

If you’re facing a legal challenge—especially something as personal as a divorce or custody dispute—I want to help. You don’t have to figure this out on your own. Let’s sit down, talk confidentially about what you're dealing with, and make a plan that works for you.
Call today to schedule a consultation. I’m here for you—and ready when you are.

Get In Touch

Contact Chip Herrington

Ready to discuss your legal matter? Contact me today for a free phone consultation. I'm here to answer your questions and fight for your rights.
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1053 Dauphin Street

Mobile, Alabama 36604

Free, on-site parking

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(251) 438-2332

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