I have two charges both resulting of two offers, (both the same) that I have mentioned above, to run consecutive on a sale charge in MS. I have no priors. I need to know if I have to go to prison or not because I have to ensure my children have adequate supervision as I don't have any family... Read more »
answered on Jun 27, 2022
Under the plea offer as given, it would seem that you would serve some time in MDOC custody; however, how long you actually remain in custody (more specifically, the possibility of earned time) is going to depend on the nature of the charges. Some allow you to become eligible for release after... Read more »
I have been indicted on to sell charges both with enhanced penalty from being by a church. I am a first-time offender. Question here is does double jeopardy exist in my case? Also I'd like to know opinions on what to expect for sentencing in Mississippi. The plea offer in its entirety is 32... Read more »
answered on Jun 26, 2022
You really need to talk to your lawyer further, and refrain from giving details about your case on an open platform like this. As to the double jeopardy, that only applies if you have been tried twice for the same crime or if your liberty is put at risk twice for the same offense.
We were sleeping together and my boyfriend found out. We have broken up and I want to remove the peace bond on my ex. How do I do that
answered on Jun 26, 2022
You will need to go back to the court that issued the peace bond and ask for it to be vacated.
answered on Jun 21, 2022
This question has been answered. The only difference between this question and the previous question is that when the sentences run concurrently, the run at the same time. In other words, instead of 10 years supervised release, it is actually 5. You need to talk to your attorney if you are having... Read more »
We live in Mississippi. He was charged in Virginia
answered on Jun 12, 2022
From the looks of it, there is nothing prohibiting you from carrying or owning a firearm. The key question is going to be whether your husband has access to it, as well as the nature of his conviction. If it is a felony, then he cannot have any possession of any firearm unless he gets his record... Read more »
What justify that juvenile being charged as an adult
answered on Jun 9, 2022
Typically, a charge like that would keep the juvenile in youth court, unless it is a crime that concerns a firearm or is an egregious violent crime.
answered on Jun 3, 2022
Unfortunately, if you were charged as an 81, then that likely means that you have at least two prior convictions. Long story short, even though you may be under 18, if you are in circuit court, then you will be treated as an adult unless the prior convictions should have been kept in youth court.
Just cause someone said they seen a guy with 2 boat motors a weed eater an chainsaw but the chainsaw and weed eater belong to my boss I was with my girlfriend all day an night
answered on May 19, 2022
From the looks of it, you have an alibi defense that the state would have to overcome in order to gain a conviction. I would highly encourage you to reach out to an experienced criminal defense lawyer to see what can be done to help you out.
EMPLOYER HAS 400 EMPLOYEES AND OWNER PARENT COMPANY HAS 10,000
answered on May 19, 2022
I would highly encourage you to reach out to an experienced lawyer to handle this. You can reach out to any attorney on this platform by clicking the contact information next to their name. Most lawyers, including those at my office, offer free consults to see what can be done to help you out.
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... Read 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... Read more »
answered on May 13, 2022
That's pretty rough, especially since the trafficking charge carries a mandatory minimum. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and see what can be done.
Is there a way we can get her bond reduced or any other way to get her out. She is willing to do whatever it takes to get home to me and the kids
answered on May 13, 2022
It really depends on the facts of the case. Assuming that your fiance is a first time offender, then there is a greater likelihood of her getting her bond lowered to something more reasonable. I would be more concerned about why law enforcement is charging her when she did not have them in her... Read more »
How much jail time are you looking at?
answered on May 13, 2022
Even though they are under 21, they could still be facing some jail time; however, it always depends on the circumstances, like the amount of weed, circumstances of the person having the weed, etc. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... Read 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 had a person walk in my yard point gun at me and said you know what I am here for . Then beat me with gun . Police came and two years later still had not helped me.
answered on Apr 5, 2022
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 »
The accused was not found in possession of or linked to ever physically being in possession of any of stolen items nor was the any witnesses nor any video or audio evidence of alleged crime. There were three other alleged robbers who were not identified nor charged. So it is just victims word... Read more »
answered on Apr 4, 2022
With the way that it works in Mississippi, a person can be convicted based on the testimony of one eye witness; however, there is usually different things that have to be taken into account, such as how familiar the witness was the accused, the conditions at the time, etc.
For the restution and they come picked him up do he have to serve time for the other people and pay there fines
answered on Apr 2, 2022
Usually not. Each person who is sentenced can only serve the time for which they were sentenced and pay the fines that the court ordered for their particular case.
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... Read 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... Read more »
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