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Can my husband get a bond?

Columbus, MS |

he is a convicted felon and arrested for being around a gun and a small amount methanfedamenes. Affidavits signed proving they were there before he was there.

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Attorney answers 3

Best Answer
Posted

Bond is covered by Article 3, Section 29 of the Mississippi Constitution of 1890, as amended, “excessive bail shall not be required, and all persons shall, before conviction, be bailable by sufficient sureties. . . . In the case of offenses punishable by imprisonment for a maximum of twenty (20) years or more . . ., 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.”

To determine how much the bond should be, the Mississippi Supreme Court outlined the following factors: (1) the length of his residence in the community; (2) his employment status and history and his financial condition; (3) his family ties and relationships; (4) his reputation, character and mental condition; (5) his prior criminal record, including any record of prior release on recognizance or on bail; (6) the identity of responsible members of the community who would vouch for defendant's reliability; (7) the nature of the offense charged and the apparent probability of conviction and the likely sentence, insofar as these factors are relevant to the risk of non-appearance; and (8) any other factors indicating the defendant's ties to the community or bearing on the risk of willful failure to appear.

You need to contact an attorney to being working on these issues.

Posted

He is entitled to a bond, but that does not mean a judge has to give him a bond. The judge will consider his charges, his past. The judge will also consider if he is a risk of flight or if he is a danger to the community.

Posted

He is entitled, however a bond can be denied by the judge. If that is done then a habeas needs to be filed. These are VERY serious charges especially with a felony record. He needs counsel immediately

The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.

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