EMPLOYER HAS 400 EMPLOYEES AND OWNER PARENT COMPANY HAS 10,000
answered on May 19, 2022
I would highly encourage you to reach out to an experienced lawyer to handle this. You can reach out to any attorney on this platform by clicking the contact information next to their name. Most lawyers, including those at my office, offer free consults to see what can be done to help you out.
During the sentencing hearing the State failed to submit any competent evidence that defendant qualified under M.C.A. section 99-19-83
answered on May 19, 2022
Usually, the state has to put forth evidence of the prior convictions in order for the 83 enhancement to apply; however, they can get around that if the defense stipulated to the prior convictions.
The multi-count indictment failed to charge an essential element of armed robbery. But through jury instructions the elements was submitted via constructive amendment.
answered on May 19, 2022
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... View More 
Three Defendant’s was charged with conspiracy to committ armed robbery and aggravated assault via multi-count indictment but only one defendant was convicted of conspiracy
answered on May 19, 2022
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... View More
answered on May 13, 2022
That's pretty rough, especially since the trafficking charge carries a mandatory minimum. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and see what can be done.
Is there a way we can get her bond reduced or any other way to get her out. She is willing to do whatever it takes to get home to me and the kids
answered on May 13, 2022
It really depends on the facts of the case. Assuming that your fiance is a first time offender, then there is a greater likelihood of her getting her bond lowered to something more reasonable. I would be more concerned about why law enforcement is charging her when she did not have them in her... View More
How much jail time are you looking at?
answered on May 13, 2022
Even though they are under 21, they could still be facing some jail time; however, it always depends on the circumstances, like the amount of weed, circumstances of the person having the weed, etc. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... View More
Judge Trial
answered on May 1, 2022
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 had a person walk in my yard point gun at me and said you know what I am here for . Then beat me with gun . Police came and two years later still had not helped me.
answered on Apr 5, 2022
Under MS law, you would have only 1 year to sue a police department. However, they do not have a time line in which to complete an investigation as toward charging the person with a crime. Your injury claim may be barred against your neighbor as well as it is going to be defined as a intentional... View More
The accused was not found in possession of or linked to ever physically being in possession of any of stolen items nor was the any witnesses nor any video or audio evidence of alleged crime. There were three other alleged robbers who were not identified nor charged. So it is just victims word... View More
answered on Apr 4, 2022
With the way that it works in Mississippi, a person can be convicted based on the testimony of one eye witness; however, there is usually different things that have to be taken into account, such as how familiar the witness was the accused, the conditions at the time, etc.
For the restution and they come picked him up do he have to serve time for the other people and pay there fines
answered on Apr 2, 2022
Usually not. Each person who is sentenced can only serve the time for which they were sentenced and pay the fines that the court ordered for their particular case.
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... View More
answered on Apr 2, 2022
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... View More
I plead guilty but had a change of heart and withdrew the plea, I was about to walk out of court and the prosecution team and public defender came to me saying the judge would suspend time, but when I went back to plea he gave the maximum time offered from prosecution.
answered on Apr 2, 2022
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... View More
Judge instructed prosecution to use my plea against me if I wished to go to trial shortly after I withdrew the plea. As I was about to walk out of court, my public defender and the prosecution team told me I should go forward with the plea, and the judge would suspend time off my sentence when... View More
answered on Apr 2, 2022
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... View More
Mississippi law says in order to be sentenced as habitual, you have had to serve 2 prior felony convictions of more than 1 year in a "penal institution". But what if one of those felonies were served and completed on probation?
answered on Apr 2, 2022
You can be sentenced as a habitual offender. The only qualifier is whether a person was sentenced to any felony where the punishment could be at least a year in a penal institution, which would include probation.
answered on Mar 27, 2022
Expungements themselves are relatively straightforward and inexpensive when compared to other criminal-related matters. I would highly encourage you to reach out to an experienced criminal defense lawyer so that you can discuss the circumstances surrounding the charge, its status, etc.
answered on Mar 23, 2022
Pretrial diversion is something that is separate and apart from regular nonadjudication, which the referenced statute deals with. With pretrial diversion, the case is still considered open, and there is typically not any admission of guilt, as much as there is participation in the program with the... View More
answered on Mar 23, 2022
Pretrial diversion is something that is separate and apart from regular nonadjudication, which the referenced statute deals with. With pretrial diversion, the case is still considered open, and there is typically not any admission of guilt, as much as there is participation in the program with the... View More
I was charged in the state of MS, felony DUI. I’m a resident of FL. I was told I would need to go thru MS for this. I’ve been in No trouble whatsoever since this, and as a result of this dui, I haven’t had even a single sip of any alcohol either. This is coming up on 20 years ago that this... View More
answered on Mar 22, 2022
You will need to hire an attorney for this. The petition will need to be filed in Attala County because that is where you caught the charge. Any attorney in the state can handle this for you.
answered on Mar 21, 2022
He can sign an affidavit with the court stating that he is indigent, is unemployment, and owns no property. The court will appoint him a public defender.
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