Kevin Thomas Stewart’s Answers

Kevin Thomas Stewart

Jackson Criminal Defense Attorney.

Contributor Level 11
  1. Can a person that had a conviction over 10 years ago and now has another charge be eligible for house arrest?

    Answered over 1 year ago.

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

    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.

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. James Robert Ferguson
    2. Kevin Thomas Stewart
    3. Anders Ferrington
    4. William Paul Starks II
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Kevin Thomas Stewart
    2. Raymond George Wigell
    3. Anders Ferrington
    4. Lee Tucker
    4 lawyer answers

    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,...

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Anders Ferrington
    2. Stacy E Pepper
    3. Kevin Thomas Stewart
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

  5. Can a person get a hardship license after a felony dui in Mississippi? If so, how long after suspension can i apply?

    Answered almost 2 years ago.

    1. Kevin Thomas Stewart
    2. Lance O'Neal Mixon
    2 lawyer answers

    Short answer is no, you are not eligible for a hardship license except on a DUI 1st offense. The 5 year suspension can however be reduced provided you receive an in-depth diagnostic assessment, and if as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem, such person shall enter an alcohol and/or drug abuse program approved by the Department of Mental Health for treatment of such person's alcohol and/or drug abuse problem. If you...

    1 lawyer agreed with this answer

  6. Do I need a lawyer to file for a hardship license?

    Answered about 2 years ago.

    1. Kevin Thomas Stewart
    2. James C Forslund
    2 lawyer answers

    The short answer is no, an attorney is not required in order to obtain a hardship license. However, unless the paperwork is filed correctly and has the required attachments, the process can be stalled rendering the hardship useless because the suspension time may elapse prior to getting everything in order. The hardship license is discussed in Mississippi Code 63-11-30 and reads as follows: The circuit court having jurisdiction in the county in which the conviction was had or the circuit...

    1 lawyer agreed with this answer

  7. Can a conviction of resisting arrest and disorderly conduct be expunged for a first time offender in the state of mississippi?

    Answered almost 3 years ago.

    1. Kevin Thomas Stewart
    1 lawyer answer

    First and foremost, a misdemeanor conviction will remain on you record for the rest of you life unless it is expunged. Based upon the information you provided, you will likely be eligible to petition the court for the expungement. Mississippi Code § 99-19-71 is the controlling authority: "(1) Any person who has been convicted of a misdemeanor, excluding a conviction for a traffic violation, and who is a first offender, may petition the justice, county, circuit or municipal court in which...

    1 lawyer agreed with this answer

  8. I got a DUI two years ago when I was 17 years old. If I was considered a minor, should this be on my record. I live in MS.

    Answered almost 3 years ago.

    1. Kevin Thomas Stewart
    2. Lance O'Neal Mixon
    2 lawyer answers

    DUI's are misdemeanor traffic violations which do not fall under the jurisdiction of the youth court; therefore, it is not a sealed record. If fact, the youth I assume the DUI was handled by either a justice or municipal court and that conviction will be on your record the rest of your life. If you were in fact found guilty (by trial or by plea) this record cannot be expunged. There may be some additional information that I do not have based upon the information you provided, but an...

    1 lawyer agreed with this answer

  9. How long does mississippi have to idict me on a felony possesion with intent

    Answered about 3 years ago.

    1. Kevin Thomas Stewart
    2. Lance O'Neal Mixon
    2 lawyer answers

    Mississippi limitations on prosecuting crimes are found in Section 99-1-5: “The passage of time shall never bar prosecution against any person for the offenses of murder, manslaughter, aggravated assault, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud, felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in...

    1 lawyer agreed with this answer

  10. How long does ms have to indict on embezzlement after pleading guilty

    Answered about 3 years ago.

    1. Kevin Thomas Stewart
    2. Erick Masten Platten
    2 lawyer answers

    I assume from your question, your friend actually plead not guilty to the charge of embezzlement. If they plead guilty, there would be no need for an indictment, there would only be sentencing. Mississippi limitations on prosecuting crimes are found in Section 99-1-5: “The passage of time shall never bar prosecution against any person for the offenses of murder, manslaughter, aggravated assault, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement,...

    1 lawyer agreed with this answer

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