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answered on Dec 13, 2023
It usually does not take very long. Typically, once the motion is filed, the state is obligated to produce the discovery quickly, and if they do not, then the defense lawyer could file a motion to exclude that evidence or request sanctions (including a potential dismissal) due to a discovery... View More 
answered on Dec 13, 2023
It sounds like there may be the potential for a motion to dismiss based on lack of a speedy trial. Usually, the magic number is nine months before the delay is considered presumptively prejudicial. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... View More
answered on Dec 13, 2023
Possibly; however, usually the magic number is nine months before the delay is considered presumptively prejudicial. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the facts and circumstances of your case, or at the very least to get some additional... View More
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answered on Dec 2, 2023
Yes, you can be guilty of voyeurism even on your own property. The key factor in voyeurism charges is not the location, but the act of observing or recording someone without their consent in a situation where they have a reasonable expectation of privacy.
This means that if you engage in... View More
Mississippi residents I know there's no issue with a parent taking the child out of state without permission if there is no custody order so does that mean I can also bring him home from Pennsylvania since my wife and son are still Mississippi residents and we're still married she refuses... View More
answered on Nov 24, 2023
You are correct. Since there is no order in place, either parent may take the child wherever he or she wants. However, it is a bad idea for you to go to Pennsylvania and take the child back to Mississippi against your wife's will. There very well could be a physical confrontation that could... View More
I was a passenger in a vehicle during a traffic stop in Mississippi and was detained in the patrol car without notification of the reason for my detention. Although I have had no prior offenses since my release from prison over eight years ago, I was charged with possession after items were found... View More
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answered on Mar 26, 2025
You have several important rights in this situation that you should be aware of while navigating this challenging time. As a passenger, you generally have Fourth Amendment protections against unreasonable searches and seizures, and officers typically need reasonable suspicion to detain you during a... View More
I was stopped by the police in Mississippi for having a headlight out, even though my car has two working headlights out of four. The officer conducted a search and arrested me for drugs. I believe the initial stop was illegal due to the headlights, and therefore, any evidence found during the... View More
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answered on Mar 25, 2025
Your question touches on what legal experts call the "fruit of the poisonous tree" doctrine. This principle suggests that evidence obtained through illegal means, like an unlawful traffic stop, could potentially be excluded from court proceedings.
Mississippi law only requires... View More
In April 2003, in Rankin County, Pearl, MS, I was asleep in a work truck owned by my employer when an officer woke me up and led me around the front of the vehicle. Without my permission or knowledge, another officer conducted a search and claimed to find methamphetamine. Additionally, an officer... View More
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answered on Mar 24, 2025
You're describing a very troubling situation with potential violations of your Fourth Amendment rights against unreasonable searches and seizures. What you've outlined—officers conducting a search without permission, planting evidence, and later attempting to access your... View More
On March 11, 2025, I was stopped on my way to work in Mississippi. The officer asked for my ID but confirmed no crime had been committed. I declined to show my ID under my 4th Amendment rights, and the officer asked me to step out of the vehicle. I was subsequently handcuffed and booked at the... View More
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answered on Mar 24, 2025
You were likely arrested under a misunderstanding or misapplication of Mississippi law. In most states, including Mississippi, you're not required to show ID unless there is reasonable suspicion of a crime. If the officer confirmed that no crime had been committed, then your refusal alone... View More
Arrest was made 20 days after police were called to residence of the domestic call. On the day of the call both parties were present so why didn't they arrest the one that was charged the day they came for the initial call?
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answered on Jan 10, 2025
Police procedures around domestic incidents can vary by jurisdiction and specific circumstances. Even when probable cause exists, officers sometimes exercise discretion based on various factors including the immediate safety of all parties, the presence of evidence, and the emotional state of those... View More
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answered on Jan 9, 2025
Yes, a sentence could potentially be overturned if your court-appointed lawyer provided ineffective assistance or misled you. This falls under the legal concept of "ineffective assistance of counsel," which is a valid ground for appeal.
To challenge your conviction on these... View More
The county he was sentenced to probation is the same county he was arrested in and is currently incarcerated. They are known for violating due process. Who do I contact to get him released back on probation
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answered on Jan 7, 2025
Your concern about your brother's delayed revocation hearing is valid - this could indeed be a violation of his due process rights. The typical timeframe for a probation revocation hearing is much shorter than a month, and excessive delays can be grounds for release.
Your first step... View More
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answered on Jan 5, 2025
Whether you can refuse to show identification at a safety checkpoint depends largely on the location and the specific regulations in place. In many places, especially at airports, government buildings, or during certain events, security personnel are authorized to request ID to ensure... View More
Does mississippi have a "failure to identify" law or would this be covered under statute 97-35-7 where the failure to identify is a crime in and of itself thank you for your time
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answered on Dec 21, 2024
You’re right to look into how Mississippi handles refusal to identify yourself to law enforcement. Under Mississippi Code Title 97, Crimes § 97-35-7, it is a misdemeanor if someone refuses to provide identification when a law enforcement officer lawfully requests it. This statute makes it clear... View More
My mother was wrongfully imprisoned the officers have no evidence also tampered with a witness and lied on the stand this is my mothers first time ever being in trouble and they gave her 50 years and to serve 25 my mother did not deserve the set up they did to her please tell me what we can do.
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answered on Aug 31, 2024
I'm deeply sorry to hear about your mother's situation. When wrongful imprisonment occurs due to lack of evidence, tampering, and perjury, you should begin by gathering all relevant documentation, including trial transcripts, police reports, and any evidence of misconduct. It's... View More
I did not contact cops. My fiancé does not have a criminal history other than traffic violation (speeding ticket). I do not have the desire for him to be convicted, but at the initial hearing he was advised a second hearing would have to occur in September and I am possibly being subpoenaed, as... View More
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answered on Jul 18, 2024
It's important to understand that once the state has pressed charges, the case is out of your hands. The prosecutor will decide whether to proceed, and your desire for dismissal may not change their decision. However, hiring an attorney can help you navigate the legal system and ensure 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
answered on Dec 30, 2023
If you were assaulted, then you have a right to go press charges against the person at a local municipal or justice court. There is also the possibility of civil liability, if the attack ended in injuries that required you to see medical treatment.
answered on Dec 30, 2023
The general gist is that no convicted felon can possess a firearm under any circumstances. That being said, there is case law that does allow for an emergency exception, but that exception is very rare and requires a very particular set of facts in order to be validly used.
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answered on Nov 9, 2023
If you have received a ticket for indecent exposure, it's important to review the specific circumstances and the law under which you were charged. Indecent exposure generally requires an intentional act of exposing oneself to another person in a public place. If the exposure was accidental or... View More
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