and local rule promulgated pursuant to Rule 1.9; and
Mississippi Rules of Criminal Procedure (effective July 1, 2023)
Rule: 7.3
Jurisdiction: MS
Bluebook Citation: Miss. R. Crim. P. 7.3
indigent defendant the (5) advise the defendant of: (A) the right to remain silent and that any statements made may be used against the defendant; (B) the right to communicate with an attorney, family or friends, and that reasonable means will be provided to enable the defendant to do so; and (C) the conditions, if any, under which the defendant may obtain release. (b) Felony Cases. When a defendant is charged with commission of a felony, the judge shall also: (1) inform the defendant of the right to a preliminary hearing and the procedure by which that right may be exercised; and (2) if requested, set the time for a preliminary hearing in accordance with Rule 6.1. 22 (c) Initial Appearance Not Required. In all cases where the defendant is released from custody, or has been indicted by a grand jury, the defendant shall not be entitled to an initial appearance. Comment The purpose of Rule 5.2 is to insert the judicial process between the police and the defendant at the earliest practicable time in order to minimize the effects of carelessness, abuse of power, or unavoidable error in the police function.
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