Miss. R. Crim. P. 6.1

(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.