The Mississippi Constitution guarantees the right to bail except in limited situations. The first is where someone is charged with a capital crime and the evidence against them is great. The second situation where bond can be denied is when someone is charged with a felony crime committed while out on felony bond. The latter is commonly referred to in Court as “section 29”, referring to Article 3 Section 29 of the Mississippi Constitution.
Section 29 specifically provides that if a person is out on felony bond and is charged with a new felony, then the bond on the first felony is revoked. There are a few technicalities to understand. In order for the Court to revoke someone’s prior felony bond it must find that the person has been indicted for a new felony or find that there is probable cause to believe that the person has committed a new felony. Also, the new felony must carry more than 5 years, but the penalty for the first felony does not need to be any particular length.
If a loved one has been arrested and the court has not set a bond because they were already out on bond, it is important to understand that the arrest alone is not enough to deny them bond. There will have to be a finding of probable cause that they committed a new felony that carries more than 5 years in prison. If you or a loved one has been denied bond, contact us today to discuss the particulars of their case.