Bail allows individuals who have been accused of criminal wrongdoing to be released from custody while they are awaiting trial. The process of granting bail is not a perfect system, and lawmakers often seek to reform it as a result of its deficiencies. Nevertheless, when it is set fairly, it does afford criminal defendants the opportunity to plan their defense strategies from home instead of a jail cell.
After an arrest, a defendant is taken to a preliminary hearing where a judge or magistrate either denies bail or sets a bail amount. Several factors influence a judge’s decision, including the severity of the alleged offense, the criminal history of the defendant and whether the defendant is likely to “take flight” and refuse to appear in court moving forward.
Why it’s important to honor bail terms
When a judge sets bail, they also outline the terms of that bail. Meaning, they set conditions on the granting of bail. Failure to comply with bail conditions, such as missing a court date or committing another crime while out on bail, can result in serious consequences. The court may even issue a bench warrant for a defendant’s arrest, revoke bail and require the defendant to remain in custody until their case is resolved. Additionally, any bail money paid may be forfeited.
Because there is so much at stake for those who have been accused of wrongdoing, understanding the basics of bail in Mississippi is undeniably important. Knowing how bail is set, the different types available and the importance of adhering to bail conditions can help defendants and their families make informed decisions and navigate the legal process more effectively.