Legal Question in Criminal Law in Mississippi

Re: bond reduction

Pretrial bail is governed by Section 29 of the Miss. Constitution of 1890. It states:

[begin quote]

(1) Excessive bail shall not be required, and all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses (a) when the proof is evident or presumption great; or (b) when the person has previously been convicted of a capital offense or any other offense punishable by imprisonment for a maximum of twenty (20) years or more.

(2) [limitations for felonies committed while on bail/bond]

(3) [limitations on discretion to release persons detained for felonies punishable by imprisonment for a maximum of twenty (20) years or more or by life imprisonment]

(4) [Persons at risk of punishment for more than 20 years who are denied bail/bond entitled to emergency Supreme Court hearing]

[end of quote]

Persons in custody awaiting indictment are entitled to a preliminary hearing and shall be discharged if the court determines there is no probable cause. Miss. U.C.C.R. 6.04. At the preliminary hearing, the court can hear a motion for bail/bond reduction.

Persons in custody may also demand a speedy trial as required by the United States and Mississippi constitutions. Section 26 of the Miss. Constitution provides:

[begin quote]

In all criminal prosecutions the accused shall have a right to be heard by himself or counsel, or both, to demand the nature and cause of the accusation, to be confronted by the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, in all prosecutions by indictment or information, a speedy and public trial by an impartial jury of the county where the offense was committed; and he shall not be compelled to give evidence against himself; but in prosecutions for rape, adultery, fornication, sodomy or crime against nature the court may, in its discretion, exclude from the courtroom all persons except such as are necessary in the conduct of the trial....

[end quote]

Miss. Uniform Circuit and County Court Rule 8.02 states that bond shall be reviewed at arraignment. Arraignment occurs after indictment by a grand jury.

Otherwise, a motion can be made to reduce bond whenever new evidence might justify it.

Re: bond reduction

Whenever the bond is so high it is as if there is no bond due to the fact that the Defendant is unable to afford bond. However, not all Defendants are entitled to bond, thus there is never a time for such hearings if the charge is one which carries a "no bond" order.