When an individual is arrested for a felony or misdemeanor, he or she is entitled to what is known as a preliminary hearing. Mississippi Uniform Criminal Rules Circuit Court Practice, Rule 1.04, provides that every person arrested shall be taken before a judicial officer without unnecessary delay and that the judicial officer shall set a date for a preliminary hearing “within a reasonable time”.  At the preliminary hearing, counsel for the accused is afforded an opportunity to cross-examine witnesses for the prosecution including the investigating officer.  The hearing serves as a pre-trial deposition of the witnesses that can assist counsel in preparing a defense.

While a preliminary hearing isn’t necessary for many charges, it is very useful in a felony case where bond was denied at the initial appearance.  The judge in the preliminary hearing will listen to the evidence and decide if, and at what amount, a bond should be set.