It depends largely on the dollar amount for the underlying charge. Assuming that it is high enough, then it very well could carry a 10 year sentence; however, since it is non-violent crime, the person charged may be able to avoid jail time. Regardless, it is in the person's best interest to...Read more »
Unfortunately, you can be; however, there is definitely an argument that the case should be dismissed due to lack of a speedy trial. I would highly encourage you to reach out to a criminal defense lawyer to talk about the details of your case, as a motion for dismissal hinges on very particular...Read more »
HE threatens to do harm to me and my family rushes at me to get to my sister I pull out a knife bring it too face level he sees it and still rushes at me he swings I dip low he impale himself on the knife I push him away raise it back up he sees it again he backs away starts fussing and we take him... Read more »
Self-defense, if established, is an affirmative defense and you would not be guilty of a crime. However, whether or not there was self-defense is fact specific. Based on the facts described in your question, there seems to be an opportunity to try to establish self-defense; however, ultimately, it...Read more »
It really depends on the circumstances. Are you talking about if they are picked up on those charges or if they are convicted. Agg assault is considered a violent crime in Mississippi, so if the person is convicted, they could be facing a day-for-day sentence, which means their time in jail would...Read more »
We had just came in contact with the firearm we were taking it to a dealer to have it checked out and to sell it for owed money from a loan. We ran into a road block.. Neither of us knew it was stolen we were under the impression it was a clean gun. We do not have a criminal record.
It always depends on the circumstances. In this situation, while you were in possession of a stolen firearm, the prosecutors would have to prove that you either knew or had to reason to know that it was stolen before you could be convicted.
The short answer is no. Prosecutors have ultimate discretion as to how they present an indictment to a grand jury. That being said, they can go back later and amend an indictment to include an enhancement for habitual offenders.
If a person convicted of DUI-death, was released on good behavior, and had a parole violation due to not checking in with po so had a first time revocation and was sentenced to 6 more years. But no new crime was committed, would the new sentence be considered violent or non violent? Trying to... Read more »
Never give the prosecution its case if you do not have to. You're thinking about things the right way; however, you need to reach out to a criminal defense lawyer ASAP so that they can guide you through the process and discuss the facts of your case.
I have a possession of a controlled substance charge. My lawyer had it moved from municipal court to circuit Court. I have not been able to speak with him for very long to ask why. Would that mean there would be a jury? It is my first felony charge. I have a few prior misdemeanors
It sounds like your lawyer waived your preliminary hearing so that your case could be bound over to the grand jury. Without more information, it's rather hard to answer this question. As to whether there would be a jury, yes, if it is going to be in the circuit court, that would mean that...Read more »
It really depends on the circumstances, such as whether it was a stop and frisk or the search occurred in a correctional facility, as well as on other factors. Regardless, it is general policy that a female conduct intrusive searches on females.
I have a misdemeanor in Hattiesburg, MS. The courthouse where it is located said that it may be eligible for expungement, but that they do not have the paperwork for the petition. The clerk informed me that I would need to write the petition for expungement myself and bring it to file. Are there... Read more »
Unfortunately, there are very few, if any, expungement forms available online. Regardless, each expungement is different, and will require a thorough review to make sure that it complies with all of the statutory requirements. It is in your best interest to reach out to a criminal lawyer who has...Read more »
I have a three year old shoplifting misdemeanor in Mississippi. The charge was supposed to be non-adjudicated following a year, but the charge is still there. To have the record expunged, do I request it through the courthouse in the city where I live or through the courthouse in the city where the... Read more »
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 .
So long as the bond has to do with the indicted case, you should be good to go. Regardless, you may want to consider getting with a criminal defense lawyer as soon as possible, as it is not unusual for DAs to try and have the court review the bond immediately upon indictment. Feel free to reach out...Read more »
I have court on Tuesday May 26th. The court has already continued the trial twice now due to Covid-19. I have not been able to find council, nor can I afford an attorney with being without a job due to covid-19. So I need to request a continuance for those reasons and also because I don't... Read more »
You would need to file a petition for a certificate of rehabilitation with the circuit court. Be aware, though, that petitioning the court is not a guarantee that the judge will issue a certificate. The court typically considers several factors, such as the nature of the underlying conviction, how...Read more »
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