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 »
No. If you do not have a felony conviction, then you cannot be arrested for possession of a firearm by a convicted felon.
No. If you do not have a felony conviction, then you cannot be arrested for possession of a firearm by a convicted felon.
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 »
You would have to request it through the court where you caught the initial charge and that issued the order for non-adjudication.
Meth is a schedule II controlled substance and 1.0 grams would be considered a felony carrying up to 4 years in prison.
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 .
Based upon the information you provided, I am unsure of the question you are asking. Please be more specific when you resubmit.
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 »
Your best is going to be to contact the court and request the continuance, and explain to them the reasons for your request.
December 2013 charged with 3rd DUI, May 2015 completed house arrest, october 16 completed probation.
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 »
You should be able to get an ID card, since participation in drug court or a probation program does not limit your ability to obtain identification.
Possibly. If there is a restraining order, then that means that neither one of you should be in contact or proximity to the other, otherwise you would be in contempt of court.
It depends. If the two felony charges were caught at the same time, then yes, they should be consolidated into one bond. That being said, if the person was already out on a felony bond, and then caught new charges, they may be ineligible for bond, particularly if the first bond was revoked.... Read more »
Before I was arrested on the warrant I paid the sum way ahead of time , but the charge says misaremsnor
Malicious Mischief can be charged as a misdemeanor or felony depending on the value of the property destroyed. If the value of the property destroyed is in excess of $1,000.00 but less than $5,000.00, it shall be a felony punishable by a fine not exceeding $10,000.00 or imprisonment in the... Read more »
I assume you are referencing a drive by shooting. The law concerning this is covered in MS Code 97-3-109. A conviction of this offense is a felony and carries up to 30 years in prison and a fine up to $10,000.
I would advise speaking with a criminal defense attorney immediately and further... Read more »
Please feel free to contact our office to discuss both of these matters.
The car wasnt stolen it was loan by the daughter of the owner.who was white and the Mayor. The guys were black and he did not want her in the relationship
Definition of the crime of car theft is addressed in MS Code § 97-17-42. However, the penalties for car theft are based on the value of the car and are set forth in MS Code § 97-17-41. The maximum prison sentence is 20 years if the value of the car was $25,000 or more. Therefore, if he has been... Read more »
I do not completely understand the question and need a little more information to provide a better decision; however, an intervening decision could mean a ruling by a court subsequent to your specific issue being addressed that has a direct impact on your issue. As it relates to overcoming... Read more »
Back in February, a friend of mine was arrested by his PO officer accompanied by the DTF when she made a home visit. Numerous charges including felon in poss of firearm, drug poss charges, etc. On ALL of the original paperwork with the judge's signature signing off for the warrants and... Read more »
An indictment can have multiple counts (charges) listed under the same cause number. For example, at the top will be the cause number (Cause No 2020-1234) and below will be each charge (Count I - Felon in Possession of a Firearm, Count II - Possession of Controlled Substance, etc.) Each count will... Read more »
Mississippi Code 47-7-3.2 directly addresses your question.
§ 47-7-3.2. Release of convicted person
(1) Notwithstanding Sections 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, no person convicted of a criminal offense on or after July 1, 2014, shall be released by the department until... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
