Sounds to me like your husband is definitely going to need to speak with a lawyer about the facts and circumstances surrounding his charges, as well as the search.

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.

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.

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... Read more »

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... Read more »

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.

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... Read more »

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... Read more »

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... Read more »

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... Read more »

It does not necessarily mean that the use of the informant or anything from the informant would be considered inadmissible; however, it does open the door for certain arguments to be made, especially to undermine the informant's credibility.

No. There's no constitutional right to challenging a grand jury. Your constitutional right is a finding of probable cause before charges against you can proceed. That's the job of the grand jury. There may be a mechanism in your jurisdiction to challenge. In mine, it is very difficult and... Read more »

What is your question? The excerpt does not mean that the ability to drive is a right. This part of the holding is referring to an individual’s right to operate a motor vehicle free from interference from law enforcement absent a good faith belief, or observation, of criminal conduct on the part... Read more »

Yes, depending on the circumstances. Oftentimes, judges will allow a continuance so that you can try to secure private counsel; however, they will also typically give you a deadline to hire a lawyer, otherwise you will have to move forward with a public defender or without representation.

Provided that the warrant was a valid warrant, then law enforcement would be able to search that room with very little exception. That being said, the warrant validity could be challenged, especially if they presented false or misleading information to secure the warrant.

The biggest thing you need to do is get with a lawyer ASAP. There are lots of details that go into mounting a defense in situations like this. I can imagine that you were either arrested or indicted as being in possession of stolen property or of a stolen firearm; however, there are many defenses... Read more »

This is something you must consult with a Mississippi attorney about, but your question remains open for three weeks. As a general matter, if someone deliberately includes false information in court documents, knowing it to be false and knowing the court will rely on it, that could be a form of... Read more »

Your only option, aside from visiting her during a set visitation day, would be to contact the jail about putting money on her books so that she can use the phone.

Unfortunately, no, they do not have to put the exact weight of drugs into the indictment; however, that may be something that a criminal defense attorney can attack once they receive discovery from the State.

Sadly, no. When it comes to pursuing a case, it is within the prosecutor's discretion as to when the case is presented to the grand jury. In other words, there really is no way to force the local law enforcement or DA into speeding things up.