Probation Violations in Mississippi

If a probationer breaks a condition of probation or a lawful instruction of the supervising officer, the supervising officer or the prosecutor may ask the sentencing court to revoke or modify probation, and the court may issue an arrest warrant or a summons (Rule 27.1). After an arrest an informal preliminary hearing is held as the statute prescribes (Rule 27.2), and the revocation hearing is held before the sentencing court; the probationer may attend, may have a lawyer, and an indigent probationer gets appointed counsel when he or she makes a colorable claim of innocence or of substantial reasons that would make revocation inappropriate (Rule 27.3(a), (c), (d)). 'The judge must find by a preponderance of the evidence that a violation of the conditions of probation or the instructions occurred,' and hearsay may be received (Rule 27.3(f)(1)). If a violation is found, the judge 'may revoke, modify, or continue probation' (Rule 27.3(g)); jail may not automatically follow nonpayment of fines, restitution or costs unless the court finds on the record the probationer could have paid but refused (Rule 27.3(f)(3)).

Mississippi's rule on court-appointed lawyers: An 'indigent' defendant is 'a person who is financially unable to employ counsel' (Rule 7.3(a)). A defendant who wants to proceed as indigent may complete an affidavit on the defendant's financial resources on a court-approved form, or be examined under oath by the judge (Rule 7.3(b)). In counties or municipalities that have a public defender, the public defender represents defendants entitled to appointed counsel; otherwise a private attorney is appointed (Rule 7.3(e)-(f)). Each circuit establishes local procedures for appointing counsel (Rule 7.2). Miss. R. Crim. P. 7.2, 7.3

Lawyers set their own fees, and Mississippi has rules on how they may charge. See hiring a criminal defense lawyer in Mississippi for fee rules, how to check a lawyer's license and free help.

How release before trial works in Mississippi: Under the Mississippi Rules of Criminal Procedure, a defendant charged with an offense bailable as a matter of right 'shall be released' on personal recognizance or an appearance bond unless the court finds release will not reasonably assure appearance or the defendant poses a real and present danger to others or the public; if so, the court shall impose the least onerous conditions that will reasonably assure appearance or minimize the risk (Rule 8.2(a)). The court considers listed factors, including age, family ties, criminal record, violence in the alleged offense, the nature of the offense and likely sentence, weapon used, threats against victims or witnesses, residence, employment and financial condition (Rule 8.2(a)(1)-(15)). Rule 8.2(c) sets bond guidelines courts may go above or below, e.g., capital felony $25,000 to no bail allowed; non-capital felonies punishable by up to 10 years $5,000 to $50,000; misdemeanors punishable by up to 6 months $250 to $1,000. A person arrested must be taken before a judge for an initial appearance without unnecessary delay and no later than forty-eight (48) hours after arrest (Rule 5.1). Miss. R. Crim. P. 5.1, 8.2 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Mississippi expungement and record sealing rules.