Hiring a Criminal Defense Lawyer in Mississippi
How criminal defense lawyers in Mississippi charge, your right to a court-appointed lawyer, how bail works, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Mississippi: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. The agreement must be in writing and state how the fee is figured, including percentages on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses come out before or after the fee is calculated. At the end, the lawyer must give a written statement of the outcome and the client's share. Contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. |
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| If you disagree with a lawyer's bill | The Mississippi Bar's Fee Dispute Resolution Committee offers free mediation or arbitration of fee disagreements between clients and lawyers (and between lawyers). It is voluntary: each side must separately agree, and the consent form must be returned within 15 days or the matter is closed. Mediation is non-binding unless the parties sign an agreement (enforceable in court); arbitration produces a decision binding on both sides. Fee disputes involving a rule violation go through the grievance process instead. |
Mississippi rules to know first
| Getting a court-appointed lawyer | An 'indigent' defendant is 'a person who is financially unable to employ counsel' (Rule 7.3(a)). A defendant who wants to proceed as indigent may complete an affidavit on the defendant's financial resources on a court-approved form, or be examined under oath by the judge (Rule 7.3(b)). In counties or municipalities that have a public defender, the public defender represents defendants entitled to appointed counsel; otherwise a private attorney is appointed (Rule 7.3(e)-(f)). Each circuit establishes local procedures for appointing counsel (Rule 7.2). Source: Miss. R. Crim. P. 7.2, 7.3 |
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| Bail and release before trial | Under the Mississippi Rules of Criminal Procedure, a defendant charged with an offense bailable as a matter of right 'shall be released' on personal recognizance or an appearance bond unless the court finds release will not reasonably assure appearance or the defendant poses a real and present danger to others or the public; if so, the court shall impose the least onerous conditions that will reasonably assure appearance or minimize the risk (Rule 8.2(a)). The court considers listed factors, including age, family ties, criminal record, violence in the alleged offense, the nature of the offense and likely sentence, weapon used, threats against victims or witnesses, residence, employment and financial condition (Rule 8.2(a)(1)-(15)). Rule 8.2(c) sets bond guidelines courts may go above or below, e.g., capital felony $25,000 to no bail allowed; non-capital felonies punishable by up to 10 years $5,000 to $50,000; misdemeanors punishable by up to 6 months $250 to $1,000. A person arrested must be taken before a judge for an initial appearance without unnecessary delay and no later than forty-eight (48) hours after arrest (Rule 5.1). Source: Miss. R. Crim. P. 5.1, 8.2 |
| Felony classes and sentences | Mississippi does not divide felonies into classes or degrees; each offense statute sets its own maximum penitentiary term and fine. 'The term ‘felony,’ when used in any statute, shall mean any violation of law punished with death or confinement in the penitentiary' (§ 1-3-11, as quoted by the Mississippi Supreme Court). |
Find and check a lawyer
| Lawyer referral service | The Mississippi Bar does not run a lawyer referral service; its Consumer Assistance Program "does not maintain referral lists of Mississippi attorneys" and cannot recommend a specific attorney. The Bar offers an online Find a Lawyer directory of Mississippi attorneys (msbar.reliaguide.com) and a How to Select a Lawyer guide; the Consumer Assistance Program, (601) 948-2344, can suggest websites for locating an attorney. |
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| Check that the lawyer is licensed | The Mississippi Bar's Office of General Counsel, at (601) 948-0568, can confirm a Mississippi lawyer's current status and whether the lawyer has received public discipline (public reprimand, suspension or disbarment). Other information cannot be released without the lawyer's signed release. |
| Check discipline history or file a complaint | To file a grievance against a Mississippi lawyer, first contact the Mississippi Bar's Consumer Assistance Program at (601) 948-2344 (weekdays 8 a.m.-5 p.m.) or PO Box 2168, Jackson, MS 39225-2168. If warranted, CAP sends a grievance form to complete and return to the Bar's Office of General Counsel. Grievances generally must be filed within three years after discovering the misconduct, except those involving dishonesty or mishandling of funds. The Committee on Professional Responsibility meets four times a year and notifies you in writing within a month of its decision; outcomes include informal admonition, private or public reprimand, or a formal complaint to the Supreme Court. Complainants cannot appeal or withdraw a grievance. Public discipline can be confirmed by calling the Office of General Counsel at (601) 948-0568. |
Free legal help
| Free legal aid | Mississippi's LSC-funded legal aid organizations give free civil legal help to eligible low-income people: Mississippi Center for Legal Services (43 counties in South Mississippi) and North Mississippi Rural Legal Services (39 counties in North Mississippi), both reachable at 1-800-498-1804; most programs require income below 125% of the federal poverty level. The Mississippi Volunteer Lawyers Project (601-960-9577) offers volunteer attorney referrals and clinics, and Mission First Legal Aid Office (601-608-0056) serves Hinds, Madison and Rankin counties. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Mississippi · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.