Depending upon the severity of your crime and the prison policies in your county, it is possible that a court will grant you probation which would enable you to either leave the prison system prior to your originally scheduled release or in lieu of a stay in jail altogether.
Types of Probation
In Mississippi, there are two types of probation that may be issued; non-adjudicated and suspended sentence. Non-adjudicated probation refers to an offender serving out their sentence in a probation setting. Once the probationary period concludes, if rules were not broken the offender's record will be cleared. Suspended sentence refers to a situation where an offender was serving jail time and is then moved from an actual jail into the community under the conditions of probation.
This mechanism of the justice system allows a person convicted of a non-violent crime to remain in the community as long as certain court-ordered rules are followed.
Examples of Probation Rules in Mississippi
Examples of the types of rules associated with probation include:
- Commit no offense against the laws of this or any other state of the United States, or any federal, territorial or tribal jurisdiction of the United States;
- Report to the probation or parole officer as directed;
- Permit the probation or parole officer to visit him at home or elsewhere;
- Avoid injurious or vicious habits;
- Avoid persons or places of disreputable or harmful character;
- Remain within the State of Mississippi unless authorized to leave on proper application therefor;
- Support dependants;
- Abstain from drinking alcoholic beverages of any kind or character and abstain from using narcotic drugs of any kind unless prescribed by a licensed physician and then only as prescribed;
- Waive extradition to the State of Mississippi from any jurisdiction in or outside of the United States where Defendant may be found and the defendant will not contest any effort by any jurisdiction to return Defendant to the State of Mississippi;
- Pay to the Mississippi Department of Corrections monthly supervision fees by certified check or money order until discharged from supervision;
- Submit to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States;
- Attend and complete any special program or counseling as directed by the Court or the supervising officer, and pay any fees as required for services; and
- Not possess any type of weapon.
If at any time during the probation period you violate the rules set forth in your agreement with the court, a warrant may be issued for your arrest.
If you are arrested for a probation violation, an informal preliminary hearing will be held within 72 hours to determine whether reasonable cause exists to believe you violated a condition of your probation. If reasonable cause is ultimately found, you may be put in jail for up to 21 days at which point a revocation hearing will be held. If the revocation hearing is not held within 21 days, you will be released from custody and returned to your original probation status.
At the revocation hearing, a judge will look at the terms of your probation agreement as well as the actions which gave rise to your arrest. Additionally, the report of your probation officer will weigh heavily in the judge's ultimate determination.
If the judge agrees that you violated your probation agreement all hope is not lost in that the court may deem the violation inconsequential and reinstate the original terms and conditions of the probation agreement. However, it is possible that the court will decide that the violation is unforgivable and choose to revoke the probation agreement and institute a jail sentence.
Contact Tupelo Criminal Defense Attorney
If you are facing the potential revocation of your probation in connection with violating a mandated rule in Tupelo, Mississippi, do not wait to hire legal representation. An experienced attorney will look at all sides of your case and do everything they can to keep you out of jail. William Housley is a well-versed and relentless attorney in the Tupelo, Mississippi area and is here to provide you with quality representation. Contact Housley Law today.