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Miss. R. Crim. P. 27.2

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Rule 27.2 Preliminary Hearing After Arrest

Part 27: Probation

← Previous Rule 27.1: Initiation of Revocation Proceedings; Securing the Probationer’s Next → Rule 27.3: Revocation of Probation

Rule Text

Whenever a probationer is arrested for an alleged violation of probation, an informal preliminary hearing shall be conducted as prescribed by statute.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

If someone on probation gets arrested because officials think they broke the rules of their probation, they have the right to an early hearing. This is called a preliminary hearing, and it happens soon after the arrest.

This hearing is informal, meaning it is less strict than a full court trial. Its purpose is to check whether there is enough reason to believe the person actually violated their probation. The process follows the specific steps laid out in state law.

For the probationer, this means they don't have to wait a long time in the dark about what happens next. They get a chance early on to hear the accusations against them and have some basic questions answered before the case moves forward.

Committee Notes

Comment Rule 27.2 refers to the applicable statute(s) on preliminary hearings in the context of probation-revocation proceedings. See, e.g., Miss. Code Ann. § 47-7- 37(3). See also Gagnon v. Scarpelli, 411 U.S. 778, 786, 93 S. Ct. 1756, 1761, 36 L. Ed. 656 (1973) (citing Morrissey v. Brewer, 408 U.S. 471, 487, 92 S. Ct. 2593, 2603, 33 L. Ed. 2d 484 (1972)) (“[a]t the preliminary hearing, a probationer or parolee is entitled to notice of the alleged violations of probation or parole, an opportunity to appear and present evidence in his own behalf, a conditional right to confront adverse witnesses, an independent decisionmaker, and a written report of the hearing”).

← Previous Rule 27.1: Initiation of Revocation Proceedings; Securing the Probationer’s Next → Rule 27.3: Revocation of Probation