Frequently Asked Questions About Criminal Cases
4.	What factors does the court consider in determining the amount of the bond?
The following are factors that the court will look at in determining the amount of the bond. This list is not exclusive:
1.	The seriousness of the crime charged.
2.	The extent of punishment allowed by Mississippi law.
3.	The defendant's criminal record and record on bail, if any.
4.	The defendant's reputation and mental condition.
5.	The defendant's length of time living in the community.
6.	Family ties and relationships.
7.	Employment status and record.
8.	Identity of responsible members of the community who would vouch for the defendant's reliability.
9.	Any other factors that would bear on the defendant's mode of life or ties to the community which would involve his/her failure to appear in court.
5.	What is a preliminary hearing?
It is a preliminary hearing's only purpose to determine if there is probable cause to believe that a crime has occurred. In most instances a probable cause hearing is not given to a person who has made bond. The hearing is not designed to determine guilt or innocence. When someone is incarcerated and cannot make bail or bail has not been set, the preliminary/probable cause hearing is a good opportunity to try to get a bond set or lowered. If there is enough evidence presented to show probable cause of a crime, then the person is bound over to the Grand Jury for a determination of whether or not to formally charge the defendant. This formal charge is the indictment. Once a defendant has been indicted on a charge, then a preliminary hearing becomes moot. NOTE: Even if the lower court does not bind the individual over to the Grand Jury, the case may still be presented to the Grand Jury by the State. While this does not happen often, it does happen from time to time.