Rule 6.1 - Right to a Preliminary Hearing; Waiver; Postponement(a) Right to a Preliminary Hearing.(1) Generally. A defendant who has been charged with a felony is entitled to a preliminary hearing upon request. But a defendant who has been indicted by a grand jury is not entitled to a preliminary hearing.(2) When Commenced. The preliminary hearing shall be held within fourteen (14) days following the demand for preliminary hearing unless:(A) the charging affidavit has been dismissed;(B) the hearing is subsequently waived, as provided in section (b);(C) the hearing is postponed as provided in section (d); or(D) before commencement of the hearing, an indictment charging the same offense has been returned by the grand jury.(b) Waiver. A preliminary hearing, once demanded, may be subsequently waived in open court or by written waiver, signed by the defendant and defendant's counsel, if any.(c) Delay. (1) Release on Recognizance. If a preliminary hearing has not been commenced within fourteen (14) days as required by subsection (a), unless postponed as provided in subsection (d), the defendant shall be released on recognizance.(2) Non-bailable Offenses; Notice to Circuit Court. However, if the defendant is charged with a non-bailable offense, or if release is prohibited by Article 3, Section 29(2) of the Mississippi Constitution of 1890, the court, the attorneys, or the accused, if pro se, shall immediately notify a judge of that circuit of the delay and the reasons therefor. The circuit judge shall thereupon order the hearing be set for a specified time.(d) Postponement. Upon motion of any party, or upon the judge's own initiative, the preliminary hearing may be postponed beyond the time limits specified in subsection (a) upon a finding that circumstances exist that justify delay and, in that event, the court shall enter a written order detailing the reasons for the finding, include a date certain for the postponed hearing, and shall give the parties prompt notice thereof.Comment
Rule 6.1(a) grants an accused charged with a felony (and not under indictment) the right to a preliminary hearing upon request. See Mayfield v. State, 612 So. 2d 1120, 1129 (Miss. 1992) (the principal purpose of a preliminary hearing is to determine whether probable cause exists). The provision that a defendant who has been indicted by a grand jury is not entitled to a preliminary hearing is consistent with former Rule 6.05 of the Uniform Rules of Circuit and County Court.
Rule 6.1(c) states that if a preliminary hearing is not commenced within fourteen (14) days as required by subsection (a), and is not postponed as allowed by subsection (d), the defendant shall be released on recognizance, unless the offense is non-bailable or release is prohibited by Article 3, Section 29(2) of the Mississippi Constitution of 1890.