Ashwell v. State, 226 So.3d 69 (Miss.2017) made it clear that if my indictment is not filed then the judge don't have jurisdiction nor the authority to accept my guilty plea because the court failed to charge me with a crime. Why did the Miss. Supreme Court deny my writ of certiorari after... Read more »
It really depends on the circumstances. Even though your indictment may not be marked as filed, the test to determine whether the court has jurisdiction is to see if there was ever an indictment legitimately filed in the circuit court.
It really depends on the circumstances. Lots of officers will still file charges regardless of their own conduct; however, if an officer has said that they are pressing charges, then the best thing to do would be to follow up with the local court periodically to see if they did.
That's a big one. If the indictment failed to charge an essential element, then that should mean that the indictment was fatally defective, and therefore subject to dismissal. If there is a substantive amendment, then that would mean that it would be required to go before a grand jury, rather...Read more »
Mississippi does recognize what is called a unilateral conspiracy; however, the prosecution has to be very particular about what they allege and how the facts lead to a conspiracy. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and...Read more »
I bench trial occurs when a party waives their right to a jury trial, and allows a particular matter to proceed to trial with just the judge, meaning that the judge makes all decisions regarding the law AND concerning facts.
I withdrew my guilty plea and prepared to walk out of court, the public defender and prosecution team came to me and told me the judge would suspend time from my sentence which the public defender previously stated, but when I finished the plea the judge didn't suspend time, am I entitled to... Read more »
This is something that happens quite a good bit. Unfortunately, even though the prosecution and the defender may agree to a particular recommendation, the judge is not required to accept that recommendation. Usually, during the plea hearing, the judge will ask a series of questions to make sure...Read more »
You must file a Notice of Appeal in the trial court no later than 30 days from the entry of the final order or judgment. There is a filing fee for filing the Notice. In the Notice, you must indicate the party who is appealing (appellant) and the party against whom the appeal is taken (appellee)....Read more »
There is very little in terms of getting his sentenced reduced if he was found guilty for murder. Given what you have said, it may be worth it to look into a motion for post conviction relief, assuming that his lawyer has exhausted all appeals.
I have never received a ticket before, so drivers record is clean. I'm from Louisiana and received these tickets in Mississippi. But 2 tickets are not valid in my state of LA but is in MS. Understandable. But one of those tickets was no insurance, which I have but just didn't have the... Read more »
It sounds like you have 4 paper violations----if you can cure the paper violations and provide proof that you have them taken care of, then the prosecution is likely to provide you with an offer to resolve the matter, maybe even dropping them completely. The safer way to do this is to hire a MS...Read more »
I was a passenger in a car. We were initially stopped by 2 city officers for the window tint. We're were immediately pulled out of the vehicle and searched. I had to tiny pieces of weed in my pocket. Not even a gram .2 grams to be exact. I plead not guilty. The judge set me a court date. Once... Read more »
They can if you ended up pleaded guilty or were found guilty by the court. The good news, though, is that at the of this the 6 months, your record will be expunged and it will not even show up on your record. The bad news is that you only get one bite at the apple when it comes to getting...Read more »
The short answer to your question is YES. The (Mississippi) Supreme Court or the US Supreme Court can deny a request for relief with just a short order saying that. The US Supreme Court denies petitions for a writ of certiorari just that way. No explanation.
Your brother will have 30 days to file a Notice of Appeal. Although your brother has the right to file an appeal on his own, it is advisable to hire an attorney to assist him with this so that he does not miss deadlines and/ or other rules that are in place for appeals.
First of all, I am not a Mississippi lawyer. That being said, your question has a simple and yet nuanced answer. You didn't describe "he" and you didn't describe what court--State or Federal. However, the simple answer is, usually, 30 calendar days from the final judgment. (That...Read more »
You need to contact an employment law attorney. You could add Employment Law to the Appeals/Appellate you already selected, or contact attorneys directly, either through this site (Find a Lawyer) or through your independent searches. Good luck
The judge did not even let me explain my side of the story. He automatically sided with the plaintiff without going over any evidence that I brought to court to present to him. I feel like I was discriminated against, but I have no idea why.
A starting point could be to contact an attorney in Mississippi for a brief consultation to review the decision and the grounds for appeal. As a general matter, keep in mind that the period in which to file appeals is generally short (in the order of days with many matters). Also keep in mind that...Read more »
You will need to consult an attorney. If I am understanding your question correctly, your brother was indicted and sentenced under a particular Mississippi statute, and is what is called an 83-habitual offender, meaning that he has particular felonies in his background which, when combined with his...Read more »
My issue is that I borrowed $1,000 from a loan place and it was a 90 day no interest. I was a few days late on the payment and they said that I had defaulted on the loan. So I just continued the monthly payments. I ended up in the hospital having a baby and was unable to make the payment because I... Read more »
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