Looking for a Mississippi Legal Forms And Templates? Download it for free!

At the detention hearing:

the parties may present evidence and cross-examine witnesses;

the court may receive hearsay and opinion testimony without regard to formal rules of evidence; and

testimony, though required to be under oath, may be given in narrative form.

At the conclusion of the detention hearing, the court shall enter an order releasing the child to the custody of

the child’s parent, guardian or custodian, unless it finds and its detention order recites that there is probable

cause that the youth court has jurisdiction, and “custody is necessary” as defined in Subsection 43-21-

301(3)(b).

III.

Adjudication Hearings

If the child is not in detention, the hearing is held within ninety (90) days after the filing of the petition

unless continued for good cause or the person who is a subject to the cause has admitted the

allegations. Otherwise, the case is dismissed with prejudice.

If the child is in detention, the hearing is held as soon as possible but not later than twenty-one (21)

days after the child is first detained by the youth court unless postponed on the motion of the child,

postponed because process cannot be completed, or postponed because a material witness is not

presently available. Otherwise, the court may release the child from detention.

Acceptance of Admissions

At any time after the petition has been filed, all parties to the cause may appear before the judge and admit

the allegations of the petition. The judge may accept this admission as proof of the allegations.

Plea bargaining is not permitted.

If the child does not have counsel, the youth court shall appoint an attorney to represent the child and continue

the hearing for a reasonable time to allow the child to consult with the same.

After conducting these preliminary matters, and provided there is not a continuance, the youth court may then

inquire whether the parties admit or deny the allegations:

If the parties to the cause admit the allegations in the petition, and such meets the requirements for

the acceptance of admissions as set forth in Section 43-21-553, then the judge may accept the same

as proof of the allegations.

If the party to the cause denies the allegations in the petition, then an adjudicatory hearing is held.

Standard of Proof

The standard of proof in delinquency cases is proof of each and every element in the charge beyond a

reasonable doubt.

Request To Exercise Victims' Rights - State Of Mississippi Crime Victims' Bill Of Rights Page 6