Mississippi Criminal Law BlogBail is a term used to describe the bond or conditions of pretrial release for someone who has been charged with a crime. In Mississippi, with few exceptions, anyone charged with a crime is entitled to a reasonable bail. The purpose of setting bail is twofold: to ensure the person shows up for all court hearings, including trial, and to ensure that they will not be a danger to themselves or others if released before trial.
How Does Bail Work?
After someone is arrested, they should be taken before a judge without delay for an initial appearance. During this appearance, the judge will inform them of the charges and set a reasonable bond. The Mississippi Rules of Criminal Procedure require that judges use the least restrictive bond when possible. This means that judges should consider releasing a person on their own recognizance before resorting to more restrictive means, such as requiring a bondsman or placing the person on an ankle monitor.
For example, let’s say someone is arrested for aggravated assault. If it’s their first charge and they have no prior criminal history, the judge should consider releasing them on their own recognizance before imposing a bond. However, many judges will set a bond between $25,000 to $50,000, or more, without considering any other terms of pretrial release. In doing so, the judge may be imposing excessive bail, which is unconstitutional.
If the person has a few prior convictions for aggravated or simple assault, the judge may be more likely to set an actual bond. However, not everyone charged with a crime is entitled to bail or pretrial release. If someone is arrested for a capital crime (a crime with the death penalty as the maximum penalty), they will not be eligible for pretrial release. Even then, whether someone is entitled to a bond depends on the amount of evidence the prosecution has against them.
Another exception is if someone was already out on a felony bond. If they are arrested for a completely new charge, the first bond can be revoked, meaning they will likely remain in jail until one of the two cases is resolved. However, a new charge does not automatically make someone ineligible for a bond. If the first bond has not been revoked, the judge on the second charge can still set a bond, and the person may still be released.
If someone is arrested for a felony charge while on probation, they may still be entitled to a bond, even if the Mississippi Department of Correction has a hold on them. In this situation, a lawyer may argue that a bond should still be set for two reasons. First, a probation officer may lift the hold and not revoke the person’s probation until the new matter is resolved. Second, even if the probation is revoked, setting a bond right away means the person will not have to wait to come back before the judge for a bond later once they have finished serving their time.
There are many situations that arise concerning bail, but the ones discussed above are the typical situations people encounter. It is important to have a clear understanding of the rules and how bail works, as that knowledge can mean the difference between being released before trial and spending weeks, months, or even years in jail before the case is resolved.
What Should I Do if I’m Being Charged with a Crime?
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 offenders pursue favorable outcomes. Although being accused of a crime is not a pleasant experience, there are many potential defense strategies that can be used to defend and reduce the charges against an offender. Call us today at 601-948-4444 to set up your free consultation to learn more.