Miss. R. Crim. P. 27.2

As amended through October 31, 2024
Rule 27.2 - Preliminary Hearing After Arrest

Whenever a probationer is arrested for an alleged violation of probation, an informal preliminary hearing shall be conducted as prescribed by statute.

Miss. R. Crim. P. 27.2

Adopted eff. 7/1/2017.

Comment

Rule 27.2 refers to the applicable statute(s) on preliminary hearings in the context of probation-revocation proceedings. See, e.g., Miss. Code Ann. § 47-7-37(3). See also Gagnon v. Scarpelli, 411 U.S. 778, 786, 93 S. Ct. 1756, 1761, 36 L. Ed. 656 (1973) (citing Morrissey v. Brewer, 408 U.S. 471, 487, 92 S. Ct. 2593, 2603, 33 L. Ed. 2d 484 (1972)) ("[a]t the preliminary hearing, a probationer or parolee is entitled to notice of the alleged violations of probation or parole, an opportunity to appear and present evidence in his own behalf, a conditional right to confront adverse witnesses, an independent decisionmaker, and a written report of the hearing").