Sheriff and judge of the area comment on the bail proceedings

Law enforcement and judges must follow guidelines as defendants make their way through the legal system

MONROE COUNTY, MISS. (WCBI)—When a suspect is arrested for a crime, the next stop after jail time is an initial appearance before the Justice of the Peace. This is not a hearing on the facts of the case, and the role of the Justice of the Peace is limited.

“Anyone charged with a crime is given bail, which is set by the judge of the county in which they were arrested and charged. The county judge has guidelines that we follow, and of course, the higher the bail, the more important it seems the more serious the crime,” said Monroe County District Court Judge Brandon Davis.

Typically, a justice of the peace judge will also appoint a defense attorney for the suspect. If the suspect posts bail, he is released with a promise to appear at the next court date. The case then goes to the grand jury, which will decide whether to file charges.

Judge Davis says judges are also subject to restrictions on bail amounts, which depend on the nature of the charges, whether the suspect is on probation and his or her financial situation.

“If they have a job, own property, have a car, that affects the amount of bail if we ask for it. I can set a high bail for anybody, but if it's not within the guidelines, I'm violating that person's rights to a criminal trial and can get in trouble,” Judge Davis said.

That means repeat offenders can be released quickly on bail. Judge Davis says he understands that can be frustrating.

“Having been a police officer in the county for 17 years, I know many of the people who stand before me,” Judge Davis said.

Monroe County Sheriff Kevin Crook says many of the same people are seen multiple times by officers and investigators. The sheriff says this is a major issue that affects mental health and how to help people caught in the cycle of addiction.

“The system has started to deal with addicts differently, and that's right. A new way has been taken where we treat these people as people with mental health issues. I'm 100 percent for that. That has led to a divide between the people, the dealers and the addicts. How do we treat them? Do they get the easy way out as far as their mental health goes, or the hard way out, no mercy, by any means necessary, which is right?” Sheriff Crook said.

Both Sheriff Crook and Judge Davis say each case is unique and a standardized approach is not the solution.

“Our judges work with us. If someone has been here for two or three weeks and hasn't paid bail, they'll look here to see if the person needs a bail reduction. That bail just makes sure they show up in court and go through the process. It's our job to build a good case and present it to the prosecutor so they can go to trial,” said Sheriff Crook.

Another important aspect 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 rehabilitation and recovery programs with great track records for suspects who seek help.

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