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Mississippi Code

Miss. Code Ann. § 99-15-53 (2026)

Prosecutions not compromised or nol prossed without consent of court, or dismissed, except at defendant's cost

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A district attorney, or other prosecuting attorney, shall not compromise any cause or enter a nolle prosequi either before or after indictment found, without the consent of the court; and, except as provided in the last preceding section, it shall not be lawful for any court to dismiss a criminal prosecution at the cost of the defendant, but every cause must be tried unless dismissed by consent of the court.

Codes, 1857, ch. 64, art. 367; 1871, § 2872; 1880, § 3103; 1892, § 1458; 1906, § 1531; Hemingway's 1917, § 1293; 1930, § 1318; 1942, § 2566; Laws, 1988, ch. 415, § 2, eff. 7/1/1988.

Notes of Decisions
Cited in 24 cases, 1978–2018 · leading case: State v. Adams Cnty. Circuit Court, 735 So. 2d 201 (Miss. 1999).
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State v. Adams Cnty. Circuit Court, 735 So. 2d 201 (Miss. 1999). · cites it 4× “Miss.Code Ann. § 99-15-53 (Rev.1994). The issue presented is the extent of the trial judge's authority in granting or denying the court's consent.”
Moody v. State, 716 So. 2d 592 (Miss. 1998). · cites it 2× “As Moody argues, his detrimental reliance and performance of the terms of the agreement mandate that the agreement be enforced. III. ¶ 9. We recognize that a criminal defendant has no absolute right to have his guilty plea accepted by a trial court.”
Wright v. McAdory, 536 So. 2d 897 (Miss. 1988). · cites it 2× “In this light we find in the field Miss. Code Ann. § 99-15-53 (1972), which provides A district attorney shall not compromise any cause or enter a nolle prosequi, either before or after indictment found without the consent of the court.”
Nelson v. State, 72 So. 3d 1038 (Miss. 2011). · cites it 2× “Miss.Code Ann. § 99-15-53 (Rev.2007). "The requirement of court approval for dismissal of a criminal action `is primarily intended to protect the defendant against prosecutorial harassment.”
Ashley Bryant v. State of Mississippi, 238 So. 3d 1213 (Miss. Ct. App. 2018). “Miss. Code Ann. § 99-15-53 (Rev. 2015) ("A district attorney, or other prosecuting attorney, shall not compromise any cause or enter a nolle prosequi either before or after indictment .”
Bell v. State, 678 So. 2d 994 (Miss. 1996). · cites it 4× “How can the trial court on remand possibly give prior court approval of the Attorney General’s agreement with Bell in 1989 or the Attorney General’s unilateral decision to rescind the agreement in 1990? The majority has implicitly overruled the Danley ease and ignored Miss.Code…”
Wade v. State, 802 So. 2d 1023 (Miss. 2001). “Miss.Code Ann. § 99-15-53 (2000); Moody, 716 So.”
James Kenard Par. v. State of Mississippi, 203 So. 3d 718 (Miss. Ct. App. 2016). “Miss. Code Ann. § 99-15-53 (Rev. 2015); Moody v.”
King v. State, 363 So. 2d 269 (Miss. 1978). “For these reasons, the due process requirements enunciated in Napue and the other cases cited earlier require a new trial, and the judgment of conviction is therefore reversed and the case is remanded for further proceedings consistent with this opinion.”
Wilson v. State, 21 So. 3d 572 (Miss. 2009). “2001) (citing Miss.Code Ann. § 99-15-53 (Rev.2000)); Moody, 716 So.”
Myers v. State, 770 So. 2d 542 (Miss. Ct. App. 2000). “Miss.Code Ann. § 99-15-53 (Rev.2000). ¶ 29.”
Culpepper v. State, 148 So. 3d 386 (Miss. Ct. App. 2014). “2001) (citing Miss.Code Ann. § 99-15-53 (Rev.2000); Moody v.”
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