Rule 29.4 - Appearance Bonds(a)Appearance Bond. Unless excused by the county or circuit court by the making of an affidavit as specified in Mississippi Code Section 99-35-7, a cash deposit, or bond with sufficient resident sureties (or licensed guaranty companies) to be approved by the circuit clerk, shall be given and conditioned on appearance before the county or circuit court from day to day and term to term until the appeal is finally determined or dismissed. The amount of such cash deposit or appearance bond shall be determined by the judge of the lower court.(b)Failure to Appear. If the defendant fails to appear at the time and place set by the court, the court may dismiss the appeal with prejudice and with costs, and order forfeiture of the appearance bond or cash deposit. The county or circuit court shall promptly notify the lower court of any such dismissal.(c)Time in Custody Credited. All time the defendant is in custody on the present charge shall be credited against any sentence imposed by the court.Comment
Rule 29.4 continues the practice from former Rule 12.02 (B.)(1.) and (3.) of the Uniform Rules of Circuit and County Court. The filing and approval of an appearance bond stays imposition of the sentence of incarceration. See Miss. Code Ann. § 99-35-3 (providing for appearance bonds).
Under section (c), a defendant's sentence includes credit for time already spent in custody on the present charge.