When people are released before trial, it’s either through a bond or through an agreement. The Mississippi Constitution, Section 29, dictates that these matters are decided by the courts. The use of the following considerations should be followed when deciding on bail in a case:
- The length of his residence in the community;
- His employment status and history and his financial condition;
- His family ties and relationships;
- His reputation, character and mental condition;
- His prior criminal record, including any record of prior release on recognizance or on bail;
- The identity of responsible members of the community who would vouch for defendant’s reliability;
- The nature of the offense charges and the apparent probability of conviction and the likely sentence, insofar as these factors are relevant to the risk of non-appearance; and
- Any other factors indicating the defendant’s ties to the community or bearing on the risk of willful failure to appear.
Surety bonds are required by law and are typically reserved for those who live in the State of Mississippi or Desoto County. Other possibilities include clerks bonds, property bonds, and own recognizance. For the duration of the bond, the person is obligated to attend court. If, for whatever reason, they’re unable to do so then a judge will issue a warrant that seeks to bring them before court. This differs from punishment- as their primary purpose is ensuring the person’s presence at trial- and in some circumstances they may be subject to pretrial house arrest, or other types of counseling.
If a person has their felony bond revoked and they’re arrested for another felony in the future, the court wouldn’t be able to give them bail.
