Your Right to Bail

The Eighth Amendment prohibits excessive bail, excessive fines, and cruel or unusual punishment. While the Supreme Court has applied the Cruel and Unusual Punishment Clause to the states, it has not clearly defined what “excessive bail” means or whether the Constitution guarantees an absolute right to bail.

In Mississippi, the state constitution does not expressly guarantee a right to bail in the same way some other states do. However, Mississippi court rules generally favor release on bond when the defendant is not considered a danger to society.

For someone arrested in Mississippi, the key points are:

• Non-capital, non-heinous offenses generally should have a bond set.

• Bail may be denied or restricted when the person presents a danger to the community or other circumstances apply.

• Prior convictions, being out on another bond, and the seriousness of the offense can affect eligibility for release.

• Having a competent criminal defense attorney is important because an attorney can advocate for bond and protect the defendant’s legal interests.

• The passage strongly encourages hiring a private attorney rather than relying solely on a public defender.

Bottom line: The Eighth Amendment limits excessive bail, but the right to bail is not absolute. In Mississippi, whether someone receives bond depends on the offense, the circumstances of the case, and factors such as public safety.