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I understand there's no set time for indictment but can I argue the due process to a speedy trial argument and file for a motion to dismiss being it's taking 2 years and still no indictment. The c/s was not in my possession it was in the car I was driving so constructive possession is... View More 
answered on Jan 9, 2024
The process of filing a motion to dismiss is relatively simple. What you will need to do, assuming you do this pro se, is just file the motion in the court where the matter is pending, and refer to the various Barker factors (time since arrest, whether the right to speedy trial was invoked, the... View More
answered on Jan 9, 2024
This is a little bit of a tricky question. In Mississippi, the length of jail time really depends on the value of the dirt bike. Depending on the circumstances, it could also be worked out to where a person may not have to serve any sort of jail time, and instead the person can participate in a... View More
My wife and the investigator have past runnings and she is scared to go down there without advice from my lawyer.
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answered on Dec 29, 2023
If an investigator has contacted your wife for questioning, she is not obligated to go in for questioning without proper legal advice. It is within her rights to consult with an attorney before deciding whether to comply with the investigator's request. Seeking legal counsel is a prudent step,... View More
answered on Dec 30, 2023
The general gist is that no convicted felon can possess a firearm under any circumstances. That being said, there is case law that does allow for an emergency exception, but that exception is very rare and requires a very particular set of facts in order to be validly used.
answered on Dec 30, 2023
First and foremost, the first thing you need to do is get a lawyer. Having the pipe is the lesser crime of the two, since prosecutors typically go after the controlled substance charge more than anything. That being said, there are some ways to minimize any potential jail time that you may end up... View More
Not interviewing any witnesses. The motions were filed but there's no ruling from the judge on my docket sheet.
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answered on Dec 25, 2023
The decision to withdraw a motion to suppress a statement and not interview witnesses may or may not necessarily be considered ineffective counsel on its own. It depends on the specific circumstances of your case. Attorneys often make strategic decisions during the course of a legal proceeding, and... View More
answered on Dec 30, 2023
If you were assaulted, then you have a right to go press charges against the person at a local municipal or justice court. There is also the possibility of civil liability, if the attack ended in injuries that required you to see medical treatment.
answered on Dec 13, 2023
Possibly; however, usually the magic number is nine months before the delay is considered presumptively prejudicial. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the facts and circumstances of your case, or at the very least to get some additional... View More
answered on Dec 13, 2023
It sounds like there may be the potential for a motion to dismiss based on lack of a speedy trial. Usually, the magic number is nine months before the delay is considered presumptively prejudicial. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... View More
answered on Dec 13, 2023
It usually does not take very long. Typically, once the motion is filed, the state is obligated to produce the discovery quickly, and if they do not, then the defense lawyer could file a motion to exclude that evidence or request sanctions (including a potential dismissal) due to a discovery... View More
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answered on Dec 2, 2023
Yes, you can be guilty of voyeurism even on your own property. The key factor in voyeurism charges is not the location, but the act of observing or recording someone without their consent in a situation where they have a reasonable expectation of privacy.
This means that if you engage in... View More
Mississippi residents I know there's no issue with a parent taking the child out of state without permission if there is no custody order so does that mean I can also bring him home from Pennsylvania since my wife and son are still Mississippi residents and we're still married she refuses... View More
answered on Nov 24, 2023
You are correct. Since there is no order in place, either parent may take the child wherever he or she wants. However, it is a bad idea for you to go to Pennsylvania and take the child back to Mississippi against your wife's will. There very well could be a physical confrontation that could... View More
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answered on Nov 9, 2023
In Mississippi, the sale of a counterfeit controlled substance, including a substance represented to be methamphetamine, can lead to criminal charges. If the amount involved is between 2 grams and less than 10 grams, it is considered a felony.
The specific charges and potential penalties... View More
The Judge did not order mandatory and prosecutor did not request it to be 5 year mandatory in Mississippi. So is the person not eligible under law for good time,
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answered on Oct 11, 2023
In Mississippi, if a judge does not specify that a sentence is to be served as "mandatory" or without the possibility of parole or early release, then the sentenced individual may be eligible for parole or other sentence reductions based on good behavior or other factors. "Good... View More
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answered on Nov 9, 2023
If you have received a ticket for indecent exposure, it's important to review the specific circumstances and the law under which you were charged. Indecent exposure generally requires an intentional act of exposing oneself to another person in a public place. If the exposure was accidental or... View More
My two Contempt of Court charges were because I forgot to pay my traffic tickets and show up to court. But I got all of them expunged 3 years ago
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answered on Oct 15, 2023
When applying for an Australian student visa, you're typically asked about any criminal convictions, and this includes charges and their outcomes. While your contempt of court charges were expunged, some jurisdictions may still view them as part of your record. The general practice is to be... View More
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answered on Sep 22, 2023
In Mississippi, the statute of limitations for aggravated assault is generally two years from the date of the alleged offense. This means that the prosecution has two years to file charges against the accused. However, there can be exceptions or conditions that could extend or modify this period.... View More
My friend passed away in her boyfriends front yard he didnt call 911 when she was found he was just sitting on the porch until he realized someone was there then he started pretending to ned help. she had been dead several hours at this point. on the porch where e was her purse was dumped out her... View More
answered on Sep 4, 2023
Under the circumstances you describe, you should assume you are a suspect and should retain a competent and experienced criminal defense attorney as soon as possible. You should also assume police will not give you all the information they have and that they may lie to you to gauge your reactions... View More
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answered on Aug 15, 2023
In Mississippi, the possession of a firearm while in possession of a controlled substance is a serious offense. This offense is often referred to as "possession of a firearm in the commission of a felony" or a similar term, and it is usually treated as a separate offense from the... View More
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answered on Aug 14, 2023
If your car was seized by law enforcement under a warrant, the first step you should take is to contact the law enforcement agency that seized your car to inquire about the process for reclaiming it. They will provide you with information about the necessary steps, documents, and fees that you need... View More
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