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Kevin Thomas Stewart

Kevin Stewart’s Answers

103 total


  • Do I need to contact a lawyer or can I use a paralegal?

    My child was convicted of Simple Robbery in 2011..was given 10yrs the court suspended five and gave five and have completed nineteen months ..My research tells me that his attorney should have offered my child " Judicial Diversion". Im now wanting...

    Kevin’s Answer

    A paralegal cannot practice law, their main focus is to assist a licensed attorney in their legal work. A paralegal may know what needs to be done and explain your legal options and how to do it based upon their past experience; however, they are not legally permitted to give legal advice nor appear on your behalf. Further, based upon the question, if this is the advice you received from the paralegal, it is a prime example as to why they are not licensed to practice law. The motions you outline are either untimely, do not exist, or not legally based. You need to contact an attorney to further discuss this matter.

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

    first time offense and was under 500 dollars..the store name was belk. I was placed on house arrest for alternative sentencing

    Kevin’s Answer

    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 seven years. Therefore, some judges will not want to expunge the conviction because they may not be able to use this conviction to enhance a subsequent charge.

    For your reference the shoplifting statue is as follows:

    97-23-93.

    (1) Any person who shall wilfully and unlawfully take possession of any merchandise owned or held by and offered or displayed for sale by any merchant, store or other mercantile establishment with the intention and purpose of converting such merchandise to his own use without paying the merchant's stated price therefor shall be guilty of the crime of shoplifting and, upon conviction, shall be punished as is provided in this section.

    (2) The requisite intention to convert merchandise without paying the merchant's stated price for the merchandise is presumed, and shall be prima facie evidence thereof, when such person, alone or in concert with another person, willfully:

    (a) Conceals the unpurchased merchandise;
    (b) Removes or causes the removal of unpurchased merchandise from a store or other mercantile establishment;
    (c) Alters, transfers or removes any price-marking, any other marking which aids in determining value affixed to the unpurchased merchandise, or any tag or device used in electronic surveillance of unpurchased merchandise;
    (d) Transfers the unpurchased merchandise from one container to another; or
    (e) Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the unpurchased merchandise.

    . . .

    (5) A person convicted of shoplifting merchandise for which the merchant's stated price is less than or equal to Five Hundred Dollars ($500.00) shall be punished as follows:

    (a) Upon a first shoplifting conviction the defendant shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00), or punished by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.

    (b) Upon a second shoplifting conviction the defendant shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00) or punished by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.

    (6) Upon a third or subsequent shoplifting conviction the defendant shall be guilty of a felony and fined not more than Five Thousand Dollars ($5,000.00), or imprisoned for a term not exceeding five (5) years, or by both such fine and imprisonment.

    (7) A person convicted of shoplifting merchandise for which the merchant's stated price exceeds Five Hundred Dollars ($500.00) shall be guilty of a felony and, upon conviction, punished as provided in Section 97-17-41 for the offense of grand larceny.

    (8) In determining the number of prior shoplifting convictions for purposes of imposing punishment under this section, the court shall disregard all such convictions occurring more than seven (7) years prior to the shoplifting offense in question.

    (9) For the purpose of determining the gravity of the offense under subsection (7) of this section, the prosecutor may aggregate the value of merchandise shoplifted from three (3) or more separate mercantile establishments within the same legal jurisdiction over a period of thirty (30) or fewer days.

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

    I got pulled over in Texas a few years back for driving with out a licenses and just recently got pulled over in Mississippi, what could happen?

    Kevin’s Answer

    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

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  • What could happen to my wife?

    My wife was arrested and charged with conspiracy to commit a crime cause her friend call in at a Pharmacy acting as a Dr. An she took him to the pharmacy but she never got out the car. But when I made it to get my car the officer sad h was going ...

    Kevin’s Answer

    Conspiracy to commit a crime is addressed in Mississippi Code Annotated 97-1-1:
    If two (2) or more persons conspire either:
    (a) To commit a crime; or
    (b) Falsely and maliciously to indict another for a crime, or to procure to be complained of or arrested for a crime; or
    (c) Falsely to institute or maintain an action or suit of any kind; or
    (d) To cheat and defraud another out of property by any means which are in themselves criminal, or which, if executed, would amount to a cheat, or to obtain money or any other property or thing by false pretense; or
    (e) To prevent another from exercising a lawful trade or calling, or doing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use of employment thereof; or
    (f) To commit any act injurious to the public health, to public morals, trade or commerce, or for the perversion or obstruction of justice, or of the due administration of the laws; or
    (g) To overthrow or violate the laws of this state through force, violence, threats, intimidation, or otherwise; or
    (h) To accomplish any unlawful purpose, or a lawful purpose by any unlawful means; such persons, and each of them, shall be guilty of a felony and upon conviction may be punished by a fine of not more than five thousand dollars ($5,000.00) or by imprisonment for not more than five (5) years, or by both.
    Provided, that where the crime conspired to be committed is capital murder or murder as defined by law or is a violation of section 41-29-139 (b)(1) or section 41-29-139 (c)(2)(D), Mississippi Code of 1972, being provisions of the Uniform Controlled Substances Law, the offense shall be punishable by a fine of not more than five hundred thousand dollars ($500,000.00) or by imprisonment for not more than twenty (20) years, or by both.
    Provided, that where the crime conspired to be committed is a misdemeanor, then upon conviction said crime shall be punished as a misdemeanor as provided by law.

    Therefore, your wife is facing 5 years and a $5000.00 fine.

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  • What Will most likely happen?

    I got a ticket for possession of cannabis. I only had a roach. I went to court, and the judge gave me 6 months misdemeanor probation. I violated probation in October. I was arrested in December for a felony charge. I stayed in jail for 6 months, a...

    Kevin’s Answer

    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 60 days and a 3rd or subsequent offense carries up to 6 months. Further, if it was possession in a motor vehicle, any offense can carry up to 6 months.

    On the other hand, you may be facing a contempt of court charge that carries the potential of 6 months in jail.

    As far as the felony, you need to be concerned about the potential of a revocation. If the court revokes you based upon the misdemeanor, you face the potential of serving the remaining 5 years on the felony charge.

    There are a lot of unknown factors based upon your question and you need to further discuss this matter with a qualified attorney.

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  • Do I need a lawyer

    I got arrested for felony embezzelment and misdemenor possesion of heroin and bailed out and went to a drug and alchol treatment center in california werer ive been for 6 months. Ive been in active addiction for the past two years and decided to g...

    Kevin’s Answer

    You most likely still have the criminal matters pending. The possession charge could potentially be trial in municipal or justice court; however, the felony embezzlement charge would be tried in circuit court. The mere fact that you have been out of the state does not mean the charges disappear. Depending on the notice that was given to the court concerning the misdemeanor charge, you may have already been found guilty in your absence and/or a warrant may have been issued for your arrest. The felony charge may have already been presented to a grand jury and they have an indictment waiting for you. You need to contact a local attorney to see where these cases are in the legal process.

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  • How do i go about getting a misdemeanor expunged?

    it was a poss, i have paid my fine and did my probation

    Kevin’s Answer

    There are numerous statues concerning expungments. Those statues outline what offenses are eligible for expungement and adjudications can be expunged. You would need to petition the appropriate court for expungement which needs to outline the statutory authority as well as numerous factual details such as arrest date, adjudication date, etc. You will also need to provide an order for expungement should the court not require a hearing, which may be at the court’s discretion. The order would outline what records need to be expunged as well as what agencies should expunge them. The biggest problem with expunging records is if you do not complete the appropriate paperwork and complete it accurately, it is just a waste of time as the Mississippi Criminal Information Center will not expunge if there are in conflicts in your paperwork compared to their records. Therefore, it is imperative you contact an attorney to assist you in this matter.

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  • If Supreme Court overturned a Mississippi case in November 2012, what are some reasons the inmate would be still incarcerated?

    Is there a website that I can visit to read more about Mississippi's overturned cases.

    Kevin’s Answer

    The best place to review decisions made by the Mississippi Supreme Court is to visit their website:

    http://courts.ms.gov/appellate_courts/sc/scdecisions.html

    Focus your attention on the ruling of the court, which is usually at the very end of the majority opinion. It will let you know the final conclusion of the court as per outlined in the previous answers.

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  • Should i hire a lawyer after missing my probation report date?

    i have done 2.5 years of my 3year probation time and i missed last months report date and payment. This is the only time is have failed to report. I called to tell my probation officer that i would not be able to come due to having a miscarraige l...

    Kevin’s Answer

    There should be some form of reasonableness when taking into consideration why someone misses reporting for probation. There are differences between reasons and excuses. That being said, the probation officer most likely has the right to violate you for missing payment and an appointment. I am sure both are conditions of your probation. You need to immediately meet with your probation officer to rectify the situation and pay any money that is past due. If your probation officer does violate your probation, I would tell you to speak to an attorney before you go to court. You have a right to be represented by counsel at that hearing in an attempt to avoid being placed back into custody.

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  • Can my husband get a bond?

    he is a convicted felon and arrested for being around a gun and a small amount methanfedamenes. Affidavits signed proving they were there before he was there.

    Kevin’s Answer

    • Selected as best answer

    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 persons arrested for such offense would constitute a special danger to any other person or to the community or that no condition or combination of conditions will reasonably assure the appearance of the person as required.”

    To determine how much the bond should be, the Mississippi Supreme Court outlined the following factors: (1) the length of his residence in the community; (2) his employment status and history and his financial condition; (3) his family ties and relationships; (4) his reputation, character and mental condition; (5) his prior criminal record, including any record of prior release on recognizance or on bail; (6) the identity of responsible members of the community who would vouch for defendant's reliability; (7) the nature of the offense charged and the apparent probability of conviction and the likely sentence, insofar as these factors are relevant to the risk of non-appearance; and (8) any other factors indicating the defendant's ties to the community or bearing on the risk of willful failure to appear.

    You need to contact an attorney to being working on these issues.

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