Kosciusko, MS asked in Criminal Law for Mississippi

Q: If you have just a murder charge and the order say a life sentence with the department of corrections how long u stay

How long to you serve time locked up

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2 Lawyer Answers
Arthur Calderon
Arthur Calderon
Answered
  • Criminal Law Lawyer
  • Cleveland, MS
  • Licensed in Mississippi

A: That's a trickier question than you may think. Under some of the newer statutes, any person convicted of a violent crime (including murder) must serve the actual sentence imposed by the court, and is not eligible for early release. There was initially some conflict with another statute that defined crimes of violence, and that statute said that a person was not eligible for early release until they had served 50% of their sentence; however, with the recent changes, including AG opinions stating otherwise, that particular language is likely going to be deemed redundant. Your best bet would be to contact an experienced criminal defense attorney to discuss your case, and options to try and either get a lower sentence (if you wish to plea), or take your case to trial.

Ed Williams
Ed Williams
Answered
  • Criminal Law Lawyer
  • Cleveland, MS

A: According to the Mississippi Legislature, "life" means exactly that..."life." As Arthur pointed out, it's a tricky question based on some recent developments, however, the sentencing judge must sentence a person within the boundaries of the statute, in this case, for life. No room for interpretation at this point.

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