Mississippi Criminal Law BlogAccording to WLBT, a high school graduation party at the Mount Olive Community Center took a tragic turn when two teenagers were shot. One victim sustained gunshot wounds to the hand, arm, and leg, while the other was shot in the stomach. Although one victim has been released from the hospital, the other remains in critical condition. The immediate response from the Covington County Sheriff’s Office led to the identification of potential witnesses, who provided vital information about the suspected shooter. Based on the information provided by witnesses, Javion Carney was arrested in Collins. In addition to being charged with attempted murder, aggravated assault, and possession of a firearm by a convicted felon, Carney also faced an additional hold from the Mississippi Department of Corrections for a prior case in Gulfport. The eighteen-year-old appeared in Covington County Justice Court for his initial hearing. Judge John Laz Sanford made the crucial decision to deny Carney’s bond, considering the severity of the charges brought against him, which include attempted murder, aggravated assault, and possession of a firearm by a convicted felon. In denying the bond, the Court is saying Carney poses a continued threat to the public.
Bails & Their Denial in Mississippi
In Mississippi, the definition of “bail” is found under Miss. Code Ann. § 83-39-1. In this context, it means the use of money, property, or other security to release a defendant from custody and secure his appearance in criminal court proceedings. Bail bonds in Mississippi may not be excessive, and they may also be revoked or denied. The law governing denials is found in the Mississippi Constitution Art. 3, § 29. If someone is charged with committing any offense punishable by death or life imprisonment, they may be held without granting bail. If that person is arrested for a felony committed while on felony bail, the court revokes their bail, ordering the individual to be detained. It should be noted that “felony” under this bail statute means any offense punishable by death, life imprisonment, or imprisonment for more than five years under the laws of the jurisdiction in which the crime is committed.
In such circumstances where the punishment is for 20 years or more, a judge may deny bail when the release of the individual proves a danger to others. If bail is denied before court, the judge must provide his reasons for the denial, and the individual is entitled to an emergency bail hearing before a justice of the Mississippi Supreme Court. This bail hearing does not apply to bails that are revoked.
Judge John Laz Sanford’s decision to deny bond for Javion Carney is an important step in the pursuit of justice for the victims and the community affected by the Mount Olive shooting. Denying bond serves multiple purposes. Firstly, it ensures that the suspect remains in custody, stopping the risk of potential harm to others or interfering with the ongoing investigation. Secondly, it sends a strong message that acts of violence will not be taken lightly and that individuals accused of such crimes will face the full weight of the law. Lastly, denying bonds helps protect the community’s confidence in the criminal justice system, as it demonstrates a commitment to ensuring public safety and prioritizing the well-being of the victims.
Has your bail been denied?
If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous defendants pursue favorable outcomes. If your bail has been denied, there may be several defense strategies that can be used to defend yourself and aid in your pursuit of justice. Call us today for your free consultation to learn more and get started. Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our office phone number is (601) 948-4444 option 1.