05/27/2026
Two words that surface during criminal proceedings are bail and bond. Bail or bond is money paid to a court that allows for a defendant to be released from jail before trial. Essentially, the person who pays a defendant’s bail is guaranteeing that a defendant will appear in court for all future legal proceedings. If that person does not appear in court, the bond can be forfeited.
In Mississippi, the first judge that a defendant sees will typically set bail for that defendant. When a defendant initially appears in a municipal or justice court, his or her bail will be set in that court. If a defendant’s first appearance is in Circuit Court, his or her bail will be set by a Circuit Court judge.
Under Mississippi law, defendants are entitled to “reasonable bail” while awaiting trial unless he or she is charged with a capital offense. A judge may deny bail when a defendant is charged with a capital crime.
A judge reviews various things when setting bail for an individual. Factors to be taken in to account are: the nature of the offense charged, the apparent probability of conviction and the likely sentence, a defendant’s criminal history, a defendant’s reputation and/or character, a defendant’s ties to the community, whether the offense involves violence or not, the identity of responsible members of the community who can vouch for the defendant’s reliability, the defendant’s employment history and current employment status. This is not all. A complete list of bond factors is found in Mississippi Rule of Criminal Procedure 8(a).
To prevent excessive bail which the Mississippi Constitution explicitly forbids, there are bail guidelines in the Mississippi Rules of Criminal Procedure. These guidelines provide recommended ranges for bond amounts when someone is charged with either a felony or a misdemeanor crime. For example, a person charged with the crime of drug distribution, a felony crime, may be granted a bond amount between $5000 and $1 million. A person charged with a misdemeanor crime, such as driving while his or her license is suspended, may have a bond set between $500 and $2000. A comprehensive list of recommended ranges for various offenses can be found under Mississippi Rule of Criminal Procedure 8 (c).
If you or a loved one would like more understanding on how the bail process works or find yourself in need of bail or bond, please reach out.
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