Rule 8.6 - Review of Conditions; Revocation of Bail(a)Issuance of Warrant. If it is alleged that a defendant previously released has committed a material breach of the conditions of release, then the court having jurisdiction over the defendant may procure the defendant's presence in court by issuing an order to appear before the court to show cause, or by issuing an arrest warrant under Rule 3.1. Such action shall be predicated upon a motion of the prosecuting attorney, or the court's own motion, which states with particularity:(1) the facts or circumstances alleged to constitute a material breach of the conditions of release;(2) that material misrepresentations or omissions of fact were made in securing the defendant's release; or(3) that revocation is otherwise required by law. If action is taken on motion of the prosecuting attorney, then a copy of the motion shall be served with the order or warrant, and a hearing shall be held on the motion without unnecessary delay.
(b)Hearing; Review of Conditions; Revocation of Release. If, after a hearing on the matters set forth in the motion, the court finds that the released defendant has materially breached the conditions of release, the court may modify the conditions or revoke the release. If a ground alleged for revocation of the release is that the defendant has committed a criminal offense or has made misrepresentations or omissions in informing the court of other charges pending against the defendant, the court may modify the conditions of release or revoke the release, if the court finds that there is probable cause to believe that the defendant committed the other pending offense(s).(c)Cases Governed by Article 3, Section 29(2) of the Mississippi Constitution. In cases governed by Article 3, section 29(2) of the Mississippi Constitution of 1890, on motion of the prosecuting attorney or on the court's own motion, a court having jurisdiction over the defendant may revoke the defendant's bail.Comment
Rule 8.6(a) permits either a warrant or a summons to be issued to take the person into custody for bail review or revocation proceedings. Section (c) is in accordance with article 3, section 29(2) of the Mississippi Constitution and governs situations where one previously admitted to bail for a felony has been charged with a new felony offense punishable by more than five (5) years of imprisonment. Upon finding probable cause for the new offense, either by the reviewing court or another court with jurisdiction (such as the court in which the new charge has been filed), this constitutional provision requires revocation of the prior bail and directs that the person will not be admitted to further bail. See Dendy v. State, 931 So. 2d 608, 614-15 (Miss. Ct. App. 2005), cert. denied, 933 So. 2d 303 (Miss. 2006).