T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023

If your car was seized by law enforcement under a warrant, the first step you should take is to contact the law enforcement agency that seized your car to inquire about the process for reclaiming it. They will provide you with information about the necessary steps, documents, and fees that you need... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

It is possible for an inmate to be released on parole earlier than their scheduled release date, but this decision is typically made by the Mississippi Department of Corrections Parole Board based on a variety of factors, including the inmate's behavior while incarcerated, the nature of the... View More

It really depends on the situation. The failure to tell a person their Miranda rights does not necessarily mean that the case will be dismissed; however, it could mean that any confession or statements made by the person may not be able to come in. Once again, though, it depends on the situation.

The federal system tends to work much faster than the state system. The other thing to remember is that the federal penalties tend to be much harsher than the state side, even for something as relatively small being a convicted felon in possession of a firearm. The person's best bet is going... View More

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.

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

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... View More

That question is a lot trickier than it sounds. Oftentimes, it can be several months, and sometimes years, before a case is even presented to the grand jury. That being said, at a certain point, the person charged has grounds to request that the charge be dismissed and expunged from their record.

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.

Generally under federal guidelines, anyone with a Domestic Violence charge on their record won't pass a federal background check to purchase firearms.

They are looking at some considerable time, given the number of dosage units involved. That being said, even with a firearm enhancement, there is still a possibility of having it resolved with minimal or no jail time; however, it all depends on the circumstances. I would highly recommend reaching... View More

There really is no telling, without knowing the exact charges on the federal side. Even though he may have paid a fine in state court, if there is a violation of federal law, then the relevant federal agency can also pursue it.

In Mississippi, typically the officer or person bringing the charges signs the affidavit, and then the affidavit is sworn to and then signed by the court clerk or a deputy court clerk.

In Mississippi, typically, a felony affidavit is signed by the charging officer or complaining witness/victim, then it is sworn to in front of the justice court clerk or a deputy clerk.

It depends on which portion of the search warrant that you are referring to, as well as the issuing court. If it is in federal court, usually the time frame in which the warrant can be executed is included. If it is in state, it is best practice for the issuing officer to include the date AND time... View More

What you will have to do is draft a subpoena and present it to the court clerk for her to have it issued, then at that point you will have to have someone (not you if you are a party) serve it on the person.

In Mississippi, there are really only two people that can file a criminal affidavit: the first is the alleged victim of whatever crime is alleged; the second is an investigator or law enforcement officer. Usually, depending on the nature of the crime, it is an investigator who files a felony... View More

A Mississippi attorney could advise best, but your question remains open for two weeks. It could be fact-specific in terms of security measures. There is no universal "yes" or "no" answer. Good luck

Tim Akpinar

Likely not. Even if it does not have a firing pin, usually it is still treated as a gun transaction. Your best bet it going to be to get with an experienced criminal defense lawyer to see what the facts of your case are and see what can be done to help you out.

It really depends on where he is at in the process. If he has not been indicted and was not already out on a felony bond, then he should be eligible for bond now. It is in your friend's best interest that he contact an experienced criminal defense lawyer so that he can talk about the facts of... View More