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Questions Answered by Kevin Stewart
1 Answer | Asked in Criminal Law for Mississippi on
Q: Is 1.00 Grams of METHAMPHETAMINE considered a felony or a misdameanor in the state of Mississippi?
Kevin Stewart
Kevin Stewart answered on Jun 22, 2020

Meth is a schedule II controlled substance and 1.0 grams would be considered a felony carrying up to 4 years in prison.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Hello

If you got proof about a person stealing and proved it thru. The corporate office .and they acted on it into firing .an employee. And put pictures on Facebook just cause she .said things about this person .

Kevin Stewart
Kevin Stewart answered on Jun 16, 2020

Based upon the information you provided, I am unsure of the question you are asking. Please be more specific when you resubmit.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have malicious mischief for 2,000 grand , it’s a misaremnor, can they upgrade the charge

Before I was arrested on the warrant I paid the sum way ahead of time , but the charge says misaremsnor

Kevin Stewart
Kevin Stewart answered on May 11, 2020

Malicious Mischief can be charged as a misdemeanor or felony depending on the value of the property destroyed. If the value of the property destroyed is in excess of $1,000.00 but less than $5,000.00, it shall be a felony punishable by a fine not exceeding $10,000.00 or imprisonment in the... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How much time does ( drive by) 1st ever in contact with law
Kevin Stewart
Kevin Stewart answered on May 11, 2020

I assume you are referencing a drive by shooting. The law concerning this is covered in MS Code 97-3-109. A conviction of this offense is a felony and carries up to 30 years in prison and a fine up to $10,000.

I would advise speaking with a criminal defense attorney immediately and further...
Read more »

1 Answer | Asked in Criminal Law and Divorce for Mississippi on
Q: I need help with divorce and criminal charges
Kevin Stewart
Kevin Stewart answered on May 11, 2020

Please feel free to contact our office to discuss both of these matters.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If a person has been unlawfully kept in prison for over 20 years for accessory to car stealth what can we do.

The car wasnt stolen it was loan by the daughter of the owner.who was white and the Mayor. The guys were black and he did not want her in the relationship

Kevin Stewart
Kevin Stewart answered on May 8, 2020

Definition of the crime of car theft is addressed in MS Code § 97-17-42. However, the penalties for car theft are based on the value of the car and are set forth in MS Code § 97-17-41. The maximum prison sentence is 20 years if the value of the car was $25,000 or more. Therefore, if he has been... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: What is an intervening decision to overcome a procedural bar or time bar?
Kevin Stewart
Kevin Stewart answered on May 8, 2020

I do not completely understand the question and need a little more information to provide a better decision; however, an intervening decision could mean a ruling by a court subsequent to your specific issue being addressed that has a direct impact on your issue. As it relates to overcoming... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: What percent of time will you do for a violent crime in Mississippi
Kevin Stewart
Kevin Stewart answered on May 4, 2020

Mississippi Code 47-7-3.2 directly addresses your question.

§ 47-7-3.2. Release of convicted person

(1) Notwithstanding Sections 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, no person convicted of a criminal offense on or after July 1, 2014, shall be released by the department until...
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1 Answer | Asked in Criminal Law for Mississippi on
Q: Will UMMC hire me with a felony? It’s not a disqualifying felony. It happened over 4 years ago. I went back to school.

Went back to school and graduated with a degree in Surgical Technology. Have been in NO trouble since. I actually volunteer in the community with one of the transplant surgeons who works at UMMC. Any advice?

Kevin Stewart
Kevin Stewart answered on May 1, 2020

UMMC will have their own policies and procedures concerning employment matters. When applying for the position, I would certainly disclose the conviction and attempt to provide them with an explanation of the events and/or what you have done subsequent to the conviction to turn your life around.... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: So if I had a third offense 20 years ago and went to prison for and a few more with in those 20 years after I got out

But the 5 year rule always a started me over so therefore it was always 1st offense so now over a 30 year driving career you can go back and charge me no matter when the offence happened call parchman and see if I can have the same bed I had 25 years ago

Kevin Stewart
Kevin Stewart answered on Apr 29, 2020

I assume you are referencing the new DUI law that became effective a few years ago. For a person to be charged with a felony DUI 3rd offense, the offenses must have occurred within the past 5 years. This law is still good law as it relates to a 3rd offense; however, the legislature added a felony... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: What are my options if I haven't reported to Felony Probation since 2016?

I was released from prison in November of 2014, I was supposed to be on probation for two years. I have not reported since April 2016. I have not had any kind of communication whatsoever since 2016. I have stayed completely out of trouble, no new charges at all. I have just been assuming that I... Read more »

Kevin Stewart
Kevin Stewart answered on Apr 29, 2020

Just because you were stopped and not arrested does not necessarily mean there is not a warrant for your arrest. The officer may not have checked, the system may have been down, or a number of other issues. If you failed to fulfill your obligations for probation, it will be the probation officers... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: I need a lawyer from where the incident happened at.my son got assaulted in pearl ms on July 15th in 2018.i imme

I need a attorney from Jackson ms

Kevin Stewart
Kevin Stewart answered on Apr 29, 2020

Our office is located in Flowood, Mississippi and is about 10 minutes from Jackson and Pearl. If there is something that we can do to assist you, please give us a call or send us a message.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can I press charges against someone that I felt threatened by and took to the ground in self defense?

I had some friends over and my neighbor started screaming and cursing at them because my lady friend said "what". I came out trying to stop fight amd he got in my face and chest bumped me so i took him to the ground. Hes pressed charges on me for simple assault because i took him to the... Read more »

Kevin Stewart
Kevin Stewart answered on Apr 29, 2020

Yes, you can certainly go to the local municipal or justice court and request to file an affidavit against the individual. Simple assault is defined in Mississippi Code 97-3-7 and here is a summary:

Simple Assault (misdemeanor) – Up to $500 and/or 6 months jail

• Elements of the...
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