I agree with the previous answer provided and would add the following. Every agency is different as to the timing it takes from being arrest to the time it actually shows up on any background report. Also, all background reports turn up different results. Depending on what company is used for the report determines how much information is provided to the employer. Based upon the information provided, there is only two to three days from arrest to background check; therefore, it may not be...
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Improper Tag - Mississippi Code Annotated 27-19-131 (2) Any owner, operator, dealer, agent or any other person who shall operate or cause to be operated upon the highways of this state, without having paid the privilege license tax or fee required by the provisions of this article and who knowingly and intentionally (a) displays an out-of-state license tag on the motor vehicle; or (b) displays a license tag or decal on the motor vehicle which was issued for another vehicle, shall upon...
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Bond is covered by Article 3, Section 29 of the Mississippi Constitution of 1890, as amended, “excessive bail shall not be required, and all persons shall, before conviction, be bailable by sufficient sureties. . . . In the case of offenses punishable by imprisonment for a maximum of twenty (20) years or more . . ., a county or circuit court judge may deny bail for such offenses when the proof is evident or the presumption great upon making a determination that the release of the person or...
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Below is the link to this case with Google Scholar. You should be able to cut and paste it into your browers and pull it up. However, please be aware, this case has substantial negative history on a number of different issues, but it has not be overrulled. http://scholar.google.com/scholar_case?case=16163203473167624369&q=124+S.Ct.+2531&hl=en&as_sdt=2,43
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If you are charged as an adult, you face serious penalties. Aggravated assault is outlined by Mississippi Code Annotated § 97-3-7: (2)(a) A person is guilty of aggravated assault if he (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other...
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Based on the facts you provided, I would assume your brother is facing a domestic violence charge. Mississippi Code 97-3-7 outlines domestic violence as follows: Simple Assault (1)(a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to...
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I agree with Mr. Carmody's response. The officer is not required to write the alcohol reading on the citation. There are numerous ways to charge an individual with driving under the influence with one of those ways being having a reading. Nevertheless, it sounds like your situation would does not apply to the officer noting the reading because the machine was not working. The prosecution would proceed under the "a" subsection of the citation with is "under the influence of alcohol". This...
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Some matters can be resolved in court without you having to be present. It just depends on the court, the pending charges, and what action has been taken since you probably missed your court date. The Mississippi Bar does not have a referral system for attorneys in the state; however, you may search this website or others to find a competent attorney to handle this matter. Attorneys are permitted to practice law statewide so you do not necessarily have to have an attorney from the city in...
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Attorneys are licensed to practice in specific states limiting their ability to cross state lines. Some attorneys are licensed in multiple states and if they are not, there are procedures which would allow an attorney from Mississippi or Tennessee to handle both cases. I would advise you to retain an attorney you feel comfortable and will provide you with your best opportunity for your day in court. This may be a single attorney or multiple attorneys from different states. The potential...
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The problem with having a public defender representing you is that you do not usually get to choose who is going to represent you. Depending on the court and the number of public defenders, you will usually get assigned based upon which attorny is "next in line". In Mississippi, where I practice, public defenders are usually paid on a case by case basis. Therefore, the more cases you take, the more money you receive. This becomes a problem when the attorney is more worried about getting the...
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