Ashwell v. State, 226 So.3d 69 (Miss.2017) made it clear that if my indictment is not filed then the judge don't have jurisdiction nor the authority to accept my guilty plea because the court failed to charge me with a crime. Why did the Miss. Supreme Court deny my writ of certiorari after... View More 
answered on Sep 6, 2022
It really depends on the circumstances. Even though your indictment may not be marked as filed, the test to determine whether the court has jurisdiction is to see if there was ever an indictment legitimately filed in the circuit court.
answered on Aug 27, 2022
The short answer is yes, it does happen. It is incredibly easy for someone to go press charges on someone, even without concrete proof of a crime. The real question is whether there is anything to support a finding of guilt. If it is just one person's word against another's, then you... View More
Drunk driver hit my vehicle
-killed my 4 year old son from fractured neck
-my 6 year olds spine snapped, and had internal bleeding from 3 organs
-i broke my right shoulder & suffered bilateral artery damage in my neck so high risk for blood clots in my brain... View More
answered on Aug 27, 2022
This is a tricky one, because it sounds as though it may come dangerously close to being one, not to mention there is a question as to whether the defendant's "offer" could be discharged via bankruptcy or some other means. That being said, I'd be curious to know whether there... View More
Just now indited
answered on Aug 14, 2022
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.
was pulled over by a cop who’s known to be dirty. he saw me at gas station, never says a word to me , but as soon as I pull out of parking lot pulls me over. Wasnt even maybe 5 yards from parking lot of store when he pulled me over. Never gave me a reason as to why , or asked me my name or my... View More
answered on Jul 27, 2022
It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... View More
answered on Jul 27, 2022
It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... View More
Was given a ticket for possession but on the ticket it only says possession of controlled sub (, schedule 1 OR schedule 2)? Under explanation the police officer only put N/A , and nowhere on the ticket does it say what substance he found exactly. Or even the amount that he allegedly found anywhere... View More
answered on Jul 27, 2022
It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... View More
answered on Jul 27, 2022
It can most definitely happen; however, it turns into a question of whether they ever file it and, if so, when they file it. The best thing to do will be to periodically check back with the court to see if the ticket was filed. That being said, if you were given a copy of a ticket with a court... View More
answered on Jul 27, 2022
It can most definitely happen; however, it turns into a question of whether they ever file it and, if so, when they file it. The best thing to do will be to periodically check back with the court to see if the ticket was filed. That being said, if you were given a copy of a ticket with a court... View More
answered on Jul 27, 2022
Without knowing the ins and outs of how the website works, there is no way to know. Typically, on public information websites, the only thing that will show up are tickets and charges, and not necessarily affidavits.
The case was dismissed on April 21, 2022, via Pre-Trial Diversion. How do I get my record expunged
answered on Jul 27, 2022
If the case was dismissed via pretrial diversion, then the best thing that you could do to have your record expunged is get with a lawyer, who can draft and submit the necessary paperwork to get the case expunged.
I live in a small town in Mississippi as where the police dept I believe don't just do their job in some aspects but go far above and beyond the area of rights and I feel the deliberate disregard for one's rights giving the date place. And whom they are stopping!!! It's as if... View More
answered on Jul 24, 2022
Without more information, it's very hard to answer your question. Generally speaking, officers and prosecutors have a lot of discretion when it comes to prosecuting or pursuing charges against a person. Even if charges are filed, they can decide to drop the case or drop only certain parts of it.
answered on Jul 24, 2022
That should mean that even though the person is currently on probation, they do not have to check in with a probation officer on a regular basis.
Possession charge. Was pulled over and not given a reason as to why he was pulling me over , he never asked for my insurance or for my registration , never asked for the name of my passenger , searched me without giving a reason even when I asked , got the zip code and model of my car wrong , and... View More
answered on Jul 24, 2022
Potentially. Tickets, like all other charges, are supposed to have enough information to advise the person of what they are being charged with. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts and circumstances of the case, particularly the stop,... View More
Have there been certain circumstances where a ticket or affidavit isn’t filed because the officer knew he did multiple things wrong
answered on Jul 24, 2022
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.
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... View 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... View 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... View 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... View 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... View More
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