Legal Question in Criminal Law in Mississippi

My nephew was arrested at a house where he was spending the night. The owner was arrested in the process of burglarizing a resident. The police came to the house and found stolen merchandise. He has been in jail since June 25. The other man told the police my nephew had nothing to do with this. How long could they hold him without a trial


Asked on 10/16/13, 2:50 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

THE STATE CAN HOLD A PERSON WITHOUT BOND ONLY IF THE PERSON WAS OUT ON BOND ON ANOTHER FELONY AT THE TIME OF THE ARREST FOR THE NEW CHARGE AND THE COURT FINDS THERE TO BE REASONABLE GROUNDS AND PROBABLE CAUSE TO BELIEVE THE NEPHEW COMMITTED A NEW FELONY WHILE OUT ON BOND ON A FORMER FELONY CHARGE. OTHERWISE, UNLESS THE CASE IS HIGHLY UNUSUAL YOUR NEPHEW IS ENTITLED TO A BOND IN AN AMOUNT HE CAN AFFORD. A HIGH BOND WHICH IS UNAFFORDABLE IS TANTAMOUNT TO "NO BOND AT ALL" AND IN ONLY THE MOST UNUSUAL CIRCUMSTANCES IS IT PERMITTED TO HOLD SOMEONE WITHOUT THE DEFENDANT HAVING THE RIGHT TO PRETRIAL RELEASE ON BOND.

IF HE WAS NOT OUT ON BOND ON ANOTHER CASE HE NEEDS TO FILE A MOTION FOR REDUCED BOND OR A MOTION FOR BOND SETTING AT ONCE

Read more
Answered on 10/17/13, 12:53 pm


Related Questions & Answers

More Criminal Law questions and answers in Mississippi