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Kevin Thomas Stewart

Kevin Stewart’s Answers

106 total


  • 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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  • Can a person that had a conviction over 10 years ago and now has another charge be eligible for house arrest?

    He is charged with false pretense and serving three years, but he only has to serve 25% of the time. His lawyer told him that he should be eligible for house arrest but when I spoke to the MDOC, I was told that since he had a prior conviction (ove...

    Kevin’s Answer

    The typical answer that MDOC provides concerning the intensive supervision program, commonly referred to as house arrest, is the individual is not eligible if they have been previously convicted of a felony. However, some courts are willing to allow outside companies to administer a house arrest program. They have different qualifications and it may be in option in your case. You would need to contact an attorney and further discuss the facts of this case.

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  • I file charge on a person who been harasses me i went to court on this matter and the judge found her guilty

    the next day i got a letter in the mail telling me i had to go to court again and i did her layer and the judge didn't want to see what i had to prove she was calling me this person call me so many time till i started getting depress and now i'm ...

    Kevin’s Answer

    If you feel aggrieved by the decision of the justice / municipal court, you have thirty days to appeal the courts ruling to a superior court. This may be the county court or the circuit court, depending on the county with original jurisdiction. Therefore, if you feel there should have been a different outcome, you may want to consider your options.

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  • I file telephone harassment i went to court on march 16 she was found guilty but the next day i got a letter i got court

    i went to court on the same thing her lawyer told the judge what to do and the district attorney did nothing but sit he say not one word

    Kevin’s Answer

    If you feel aggrieved by the decision of the justice / municipal court, you have thirty days to appeal the courts ruling to a superior court. This may be the county court or the circuit court, depending on the county with original jurisdiction. Therefore, if you feel there should have been a different outcome, you may want to consider your options.

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  • Im only 16 in i was charged with Aggravated assault , Will I go to jail

    I was at school doing a project and a boy came behind me n tried to force my head to turn around . He let me go and he pushed me , I had a quick reflex and I stabbed him with scissors !

    Kevin’s Answer

    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 means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years.

    Therefore, you face up to 1 year in the county jail or up to 20 years in the custody of the Mississippi Department of Corrections.

    Because of your age, it potentially could be resolved in youth court; however, it is highly unlikely considering the nature of the charge. I would recommend you speaking with an attorney as soon as possible. There may be some options; however, you need someone working on your behalf. You do not want to be a convicted felon at the age of 16.

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  • My brother was just arrested for felony possession of marijuana. Is there anyway to get this reduced to simple possession?

    Is this based off the judge and prosecutions discrepancy? He was found with a little over an ounce, and a scale. However, he also had a good deal of smoking utensils such as; a pipe, a roller, and a grinder. Is there anyway possible to get his cha...

    Kevin’s Answer

    There are a number of issues that an attorney needs to consider. Based upon the limited information that you have provided, I assume he is charged with felony possession. However, considering he had other items with him, the charge could easily be felony possession with intent. There is a substantial difference in these charges. Consider the following:

    Felony Possession of Marijuana with Intent (MS Code 41-29-139(b)(2): Fine up to $30,000 and/or up to 20 years in prison

    Felony Possession of Marijuana (MS Code 41-29-139(c)(2): Fine up to $1,000 and/or 1 year in the county jail or Fine up to $3,000 and/or up to 3 years in prison.

    Misdemeanor Possession of Marijuana (MS Code 41-29-139(c)(2): 1 conviction = $100 to $250 fine.

    The statute is somewhat vague when you are dealing with marijuana in the quantity of an ounce. 1 ounce equals 28.35 grams. However, the statute does not deal with weights of ounces, it deals with grams. Therefore, you need to determine if it is more than 30 grams.

    To get back to your question, the reduction of a charge from a felony to a misdemeanor would come from the district attorney, not the judge. The district attorney has discretion in the prosecution of the cases; however, it would seem that if he has already been indicted on the felony, it may stay a felony. I would suggest that you speak with a qualified criminal defense attorney to determine what options your brother may have. The sooner an attorney gets involved with these cases, usually gives the attorney a better opportunity to obtain a successful resolution.

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  • I need to know if I should fight to have my charges dropped to a misdameaner?

    I was extremely high, I had taken 9 ativan, and I broke into a pharmacy but I don't remember much about it. I got arressted in the store and I didn't take anything from the store. They are charging me with felony burglary of business.

    Kevin’s Answer

    Burglary of a commercial building is a very serious charge in Mississippi, as it is anywhere. Mississippi Code Annotated 97-17-33 outlines the consequences for business burglary:
    (1) Every person who shall be convicted of breaking and entering, in the day or night, any shop, store, booth, tent, warehouse, or other building or private room or office therein, water vessel, commercial or pleasure craft, ship, steamboat, flatboat, railroad car, automobile, truck or trailer in which any goods, merchandise, equipment or valuable thing shall be kept for use, sale, deposit, or transportation, with intent to steal therein, or to commit any felony, or who shall be convicted of breaking and entering in the day or night time, any building within the curtilage of a dwelling house, not joined to, immediately connected with or forming a part thereof, shall be guilty of burglary, and imprisoned in the penitentiary not more than seven (7) years.

    You need to speak with an attorney to discuss your options.

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  • My boyfriend was arrested for attempted aggravated assault with a deadly weapon. What could he be facing?

    After a verbal altercation with men at a convenience store in front of car, my boyfriend was getting into the passengers side of my car and as he was getting in we heard what we thought was a gun shot behind us from the other men a small distance ...

    Kevin’s Answer

    Mississippi Code 97-3-7. Simple assault; aggravated assault; domestic violence.

    Section
    (2) A person is guilty of aggravated assault if he (a) 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; or (b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the penitentiary for not more than twenty (20) years. Provided, however, a person convicted of aggravated assault (a) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, superintendent, principal, teacher or other instructional personnel and school attendance officers or school bus driver while such statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, superintendent, principal, teacher or other instructional personnel and school attendance officers or school bus driver is acting within the scope of his duty, office or employment, or (b) upon a legislator while the Legislature is in regular or extraordinary session shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) years, or both.

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