Area Sheriff and Judge weigh in on bond setting process
Law enforcement and judges have guidelines to follow as criminal defendants make their way through the legal system
MONROE COUNTY, MISS. (WCBI)—Whenever a suspect is arrested on a felony charge, the next stop, after jail, is an initial appearance in Justice Court. It is not a hearing about the facts of the case, and the Justice Court Judge’s role is limited.
“Anyone charged with a felony, they get a bond set, the bond is set by the Justice Court Judge in the county they were arrested and charged in. The justice court judge has guidelines we go by, and of course higher bond, the more important it seems the higher the crime is,” said Monroe County Justice Court Judge Brandon Davis.
Typically, a justice court judge will also appoint a defense attorney for the suspect. If the suspect makes a bond, they are released, with the promise they will appear at their next court date. The case then goes to the Grand Jury which decides whether to indict.
Judge Davis says judges are also limited on the bond amounts, depending on the charges, whether the suspect is on probation and their finances.
“If they have a job, own property, have a vehicle, based on that criteria, when we ask, it influences what the bond is, i can set a high bond on everyone, but if it doesn’t fall within the guidelines, I am violating that person’s rights to criminal procedure and I can get in trouble,” Judge Davis said.
That means repeat offenders can quickly bond out. Judge Davis says he understands that can be frustrating.
“Working in the county for 17 years in law enforcement, I know a lot of people who come in front of me,” Judge Davis said.
Monroe County Sheriff Kevin Crook says deputies and investigators can see many of the same people multiple times. The sheriff says it is a big issue, involving mental health and how to help those caught in the cycle of addiction.
“The system started dealing differently with addicts, rightfully so, this new road was made where we will treat these people as a mental health issue, I’m 100 percent for that. What that caused is the in-between people, dealer addicts, how do we treat them, do they get the easy mental health road, or the hard road, no mercy, throw the book at them, what is right,?” said Sheriff Crook.
Both Sheriff Crook and Judge Davis say each case is unique and having a cookie-cutter approach is not the answer.
“Our judges work with us, if we have someone in here, two or three weeks, they still haven’t made bond, they check over here to see if that individual needs a bond reduction. That bond is just ensuring they show up in court and go through the process. It is our job to make a good case, present to the DA where they can go to trial,” Sheriff Crook said.
Another crucial part of the equation is those who write and pass laws. Any changes to the criminal justice system would have to come from lawmakers in Jackson.
Both Sheriff Crook and Judge Davis also say there are many rehab and recovery programs with strong records of success for those suspects who want help.
