what to do if arrested

If you're arrested in Mississippi, it’s crucial to protect your rights from the beginning. Here’s a step-by-step guide on what to do:

• Don't resist arrest, even if you believe it's unjust.

• Avoid arguing or physically reacting.

• Say: “I am invoking my right to remain silent.”

• Do not answer questions about the incident or your involvement.

• Say: “I want a lawyer.”

• Do not speak to police or prosecutors until you have legal representation.

Politely refuse if they ask to search you, your car, or your home without a warrant.

• You should be informed of the charges against you.

• Within 48 hours, you’re typically entitled to a preliminary appearance before a judge (per Mississippi Rules of Criminal Procedure).

• The judge may set bail. You can post cash, use a bail bondsman, or ask for a bond reduction hearing if it's too high.

• Khalaf & Nguyen can guide you through the process, protect your rights, and help prepare your defense.

• Failing to appear can result in a bench warrant and additional charges.

• Write down everything you remember about the arrest as soon as possible.

• Include officer names, badge numbers, and witness contact info.

• Depending on the charge, you may be eligible for pre-trial diversion, non-adjudication, or drug court programs.

In Mississippi, your first court appearance after an arrest is a preliminary appearance, sometimes called an initial appearance. Here's what happens and what you need to know:

• Must occur within 48 hours of arrest (excluding weekends/holidays), if you're held in custody.

At this hearing, the judge will:

1. Inform you of your charges
2. Explain your rights, including the right to an attorney
3. Consider bail or release conditions
4. Set the next court date (like a preliminary hearing)

Don’t plead guilty or discuss the case—this is not a trial.

Depending on the charges:

• Misdemeanor cases: Court will schedule a pre-trial conference or a trial date in municipal or justice court.

• Felony cases can schedule a preliminary hearing, then potentially to grand jury for indictment.

Posting a bond in Mississippi is a process by which a defendant (or someone on their behalf) provides financial assurance to the court that the defendant will appear for future court proceedings. Here's a breakdown of how it typically works:

• Cash Bond: The full amount of the bond is paid in cash to the court. It is refundable (minus court fees or fines) if the defendant complies with all court appearances.

• Surety Bond: A bail bondsman posts the bond on behalf of the defendant for a non-refundable fee (typically 10–15% of the bond amount).

• Property Bond: Real estate may be used as collateral. This is less common and may require a formal valuation and lien process.

• Recognizance Bond (ROR): The judge allows release without payment, based on the defendant’s promise to appear and ties to the community.

• After arrest, a judge or magistrate usually sets the bond amount at the initial appearance (typically within 48 hours).

• The court considers:
• Flight risk
• Danger to the community
• Nature of the charges
• Criminal history

• Cash: Paid directly to the jail or courthouse.

• Surety: Coordinated through a licensed bail bonding company. A co-signer and collateral may be required.

• Property: Requires approval from the court and may involve paperwork showing clear title and value.

• The defendant is released from jail with conditions (e.g., no contact with victims, drug testing).

• Missing court or violating conditions may result in:
• Bond forfeiture
• Re-arrest
• New charges

• Cash bonds are refunded (less fees/fines) after the case ends.

• Surety bonds are not refundable — the fee is the bondsman’s payment.

Bond revocation in Mississippi happens when the court cancels a previously granted bond, resulting in the defendant being taken back into custody. This can happen for several reasons and has serious consequences.

• Failure to appear in court (FTA)

• Violating conditions of release, such as:
• Contacting alleged victims
• Failing drug tests
• Committing a new crime while out on bond

• Tampering with witnesses or evidence

• Threatening public safety

• Motion to revoke may be filed by the prosecutor or court.

• A bond revocation hearing is held where:
• The court reviews the alleged violation.
• The defendant can present evidence or testimony.
• If the judge finds the violation credible, bond may be revoked.

• Immediate arrest and detention until trial.

• The judge may:
• Deny further bond entirely.
• Set a higher bond with stricter conditions.
• The original bond may be forfeited, especially in FTA cases.

(1)Excessive bail shall not be required, and all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses (a) when the proof is evident or presumption great; or (b) when the person has previously been convicted of a capital offense or any other offense punishable by imprisonment for a maximum of twenty (20) years or more.

(2)If a person charged with committing any offense that is punishable by death, life imprisonment or imprisonment for one (1) year or more in the penitentiary or any other state correctional facility is granted bail and (a) if that person is indicted for a felony committed while on bail; or (b) if the court, upon hearing, finds probable cause that the person has committed a felony while on bail, then the court shall revoke bail and shall order that the person be detained, without further bail, pending trial of the charge for which bail was revoked. For the purposes of this subsection (2) only, the term “felony” means any offense punishable by death, life imprisonment or imprisonment for more than five (5) years under the laws of the jurisdiction in which the crime is committed. In addition, grand larceny shall be considered a felony for the purposes of this subsection.

(3)In the case of offenses punishable by imprisonment for a maximum of twenty (20) years or more or by life imprisonment, a county or circuit court judge may deny bail for such offenses when the proof is evident or the presumption great upon making a determination that the release of the person or persons arrested for such offense would constitute a special danger to any other person or to the community or that no condition or combination of conditions will reasonably assure the appearance of the person as required.

(4)In any case where bail is denied before conviction, the judge shall place in the record his reasons for denying bail. Any person who is charged with an offense punishable by imprisonment for a maximum of twenty (20) years or more or by life imprisonment and who is denied bail prior to conviction shall be entitled to an emergency hearing before a justice of the Mississippi Supreme Court. The provisions of this subsection (4) do not apply to bail revocation orders.