Kevin Thomas Stewart’s Answers

Kevin Thomas Stewart

Jackson Criminal Defense Attorney.

Contributor Level 11
  1. Does the arresting officer have to write the alcohol reading on the ticket ? Plus, the machine wasn't working at the station.

    Answered over 3 years ago.

    1. Victor Wallace Carmody Jr.
    2. Kevin Thomas Stewart
    3. Julia Nicole Mcilroy
    4. Dale A. Hayes Jr.
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

  2. Can i have an attorney represent me at court if i do not live in the state where i have an upaid speeding ticket?

    Answered over 3 years ago.

    1. Kevin Thomas Stewart
    2. Ronald Joseph Manto
    3. James Lawrence Yeargan Jr.
    4. Mitchell Mead Wells
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

  3. Forgery,and was arrested in memphis,i have an embezzlement charge in mississippi,

    Answered almost 4 years ago.

    1. Kevin Thomas Stewart
    2. Theodore W. Robinson
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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  4. If I cant pay for a private attorney, are public defenders good at defending a DUI?Arrested Costa Mesa Due Harbor Court on May 6

    Answered over 4 years ago.

    1. Kevin Thomas Stewart
    2. Joseph Briscoe Dane
    3. Christopher Paul Sohovich
    3 lawyer answers

    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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  5. Can The DA try a 4 year old agg assault case if it has reached its statute of limitations which is 4 years?

    Answered about 1 year ago.

    1. Anders Ferrington
    2. Kevin Thomas Stewart
    3. Harry Edward Hudson Jr
    3 lawyer answers

    This question is posted in the Mississippi section and I see where you live in Southaven; therefore, I am going to assume the alleged incident occurred in Mississippi. As previously stated, there is no statute of limitation for the crime of aggravated assault. Statute of Limitations Mississippi Code 99-1-5 The passage of time shall never bar prosecution against any person for the offenses of . . . aggravated assault. . . . Further, if convicted, you face a maximum time of...

    1 lawyer agreed with this answer

  6. If my sister is indicted on embezzlement, how much would she have stole for it to be a felony? What kind of time would she face

    Answered about 1 year ago.

    1. Anders Ferrington
    2. Kevin Thomas Stewart
    3. Jeffrey J. Padgett
    4. Raymond George Wigell
    4 lawyer answers

    Embezzlement is outlined in Mississippi Code 97-23-19: If any person shall embezzle or fraudulently secrete, conceal, or convert to his own use, or make way with, or secrete with intent to embezzle or convert to his own use, any goods, rights in action, money, or other valuable security, effects, or property of any kind or description which shall have come or been entrusted to his care or possession by virtue of his office, position, place, or employment, either in mass or otherwise, with a...

    1 lawyer agreed with this answer

  7. PLEASE HELP! Minor shoplift. first offense.

    Answered over 1 year ago.

    1. Kevin Thomas Stewart
    2. Anders Ferrington
    3. William Paul Starks II
    3 lawyer answers

    There are multiple answers to your question depending on what court is handling this matter. If it is youth court, there is a lot of discretion by the judge as to what court imposed conditions can be ordered. It can range from being placed in juvenile detention to being released without any further punishment. The punishments are set forth in Mississippi Code 43-21-605: Dispositions. (1) In delinquency cases, the disposition order may include any of the following alternatives: (a)...

    1 lawyer agreed with this answer

  8. How long does a misdemeanor shoplifting charge has to stay on your record before you can get it expunged?

    Answered over 1 year ago.

    1. Kevin Thomas Stewart
    2. Francis Starr Springer
    3. Anders Ferrington
    3 lawyer answers

    There are multiple statutory sections that deal with expungments; however, they are specific to certain courts (i.e. municipal court, justice court, etc.) and certain situations (i.e. first time offender). Some sections do not have a time requirement whereas some have a period of two years. The problem with expunging a shoplifting charge is that it is an enhanceable offense, meaning the consequences become progressively more harsh each occurrence. The enhancement period for shoplifting is...

    1 lawyer agreed with this answer

  9. What happends in mississippi if you get a ticket for driving without a licences making your 2nd offense but your first was in tx

    Answered over 1 year ago.

    1. Francis Starr Springer
    2. Kevin Thomas Stewart
    3. Anthony Michael Solis
    3 lawyer answers

    Mississippi does not have enhancements for driving without a license. However, since there is a wide range of consequences, depending on the exact charge, the judge may be more harsh since it is not a first offense. The consequences depend on the exact charge. 63-1-5 - did not have a valid license in your possession - $5-$25 fine and/or 1 to 6 months jail 63-11-40 - suspended or revoked license - $200-$500 fine and/or 2 days to 6 months jail

    1 lawyer agreed with this answer

  10. What Will most likely happen?

    Answered over 1 year ago.

    1. Kevin Thomas Stewart
    2. Theodor Kaplun
    2 lawyer answers

    As previously noted, the consequences are in the judges discretion. It is likely the judge ordered you to serve jail time when you originally went to court for the misdemeanor possession charge but suspended the time. If that is the case, the judge may require you to serve the suspended time. The amount of jail time is dependent on the original charge. A simple possession of marijuana, first offense with less than 30 grams does not carry any jail time. However a 2nd offenses carries up to...

    1 lawyer agreed with this answer