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I filed a motion for compassionate release The ausa argued my motion should be denied because of the seriousness of the crime but the judge said they answered untimely
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answered on Jun 1, 2024
It sounds like you have already taken significant steps by filing a motion for compassionate release. The fact that the judge acknowledged the untimeliness of the AUSA's response works in your favor. You should focus on emphasizing this procedural error and any other strong points in your... View More 
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answered on Jun 26, 2024
If you have genuine concerns about a crime against a minor, the proper course of action is to report factual information to the appropriate authorities, such as local law enforcement or child protective services. They are equipped to investigate such matters properly.
If you believe there... View More
My child goes to the public school here in the It's state grade rank is F. They do not learn anything from the teachers bc the students are so out of control during class. My kids come home crying every day bc they're being bullied or harassed by other students, mainly racial slurs bc... View More
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answered on Jul 14, 2023
it may be possible to appeal a school board's decision on a district transfer. Start by reviewing the school district's transfer policy and procedures. If the district has an appeals process, follow the specified steps and deadlines to submit a formal appeal.
I didn't meet their premiere standards after they appealed my unemployment they said at hearing I got fired for missing 2 days in a row no call no show , but I know I worked those specific days cause Google maps and I worked my aunts birthday jan. 9. They are lying about the dates. . Can you... View More
answered on May 28, 2023
First you need to have a hearing with an ALJ on your unemployment claim, and present your evidence showing that you were improperly terminated under false allegations. Then, once you win that, you need to contact an employee's rights attorney in your local area. You need to consult an... View More
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... View More
answered on Sep 6, 2022
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.
Have there been certain circumstances where a ticket or affidavit isn’t filed because the officer knew he did multiple things wrong
answered on Jul 24, 2022
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.
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
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 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
answered on Mar 28, 2022
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).... View More
He was sentenced to life without parole in Mississippi. 4 of his first amendment rights were violated and evidence came up missing during trial. What steps should we take to get his sentence reduced?
answered on Dec 21, 2021
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... View More
answered on Dec 15, 2021
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... View 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... View More
answered on Aug 10, 2021
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... View More
answered on Jul 16, 2021
Yes, they can, and it happens quite a lot more often that people realize. Usually, whenever a witness does something like that, they are putting their credibility at risk.
I received a letter stating issues have no merit not identify what issues or what was the judges decision.
answered on Jun 16, 2021
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.
Would we be able to hire a lawyer to do an appeal on his case?
answered on Apr 5, 2021
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.
I live in MS, I want to restore my gun rights. My felony was for DUI in 2013. I'm just curious if it is possible to do this without representation.
answered on Mar 29, 2021
You can certainly do this without a lawyer. You may want to consider hiring a lawyer to simply draft the necessary documents for you, which could bring down the costs significantly.
answered on Sep 15, 2020
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... View More
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