I was arrested and am facing charges in Rankkn county. We were first stopped by game wardens, then county police showed up. At the time of my arrest, which was by county police, I was in the back seat of my vehicle after the game wardens had let u...
You should not be subjected to a drug screen before trial. You have entered a plea of not guilty which affords you the opportunity to contest the criminal charge. However, should you be found guilty, the judge may order you to be screened as a condition of a reduced fine, suspended jail time, or any other condition he deems necessary. Most individuals do not know if they are found guilty of the DUI, you face an indefinite license suspension which can be reduced to 90 days if you complete the alcohol education program. However, if you are found guilty of the paraphernalia charge, your license will also be suspended for 6 months which would be in addition to the DUI suspension. There are ways to reduce this suspension also; however, it would be through the circuit court.See question
My brother has court Thursday. One night he got really drunk and assaulted his mom that he lives with. She had a bruised cheek and a chipped knee that was the worst of the damage. She called the police and had him arrested. She went to the hospita...
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:
(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 put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both.
(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.
Domestic Violence Simple Assault
(3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section against a . . . parent . . . upon conviction; the defendant shall be punished as provided under subsection (1) of this section.
Domestic Violence Aggravated Assault
(4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, a . . . parent. . . Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years.
I would advise you to contact an attorney immediately to further discuss your options and discuss legal representation.See question
I bought the car for my ex about 3 years ago. She never got tags on the car until six months ago while I was in SC trying to clear my suspension up. I broke up with her about 2 months ago and I got pull over this past Friday with the stolen tags...
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 conviction be fined not more than One Thousand Dollars ($1,000.00), or be imprisoned in the county jail for not more than one (1) year, or both. For the purposes of this subsection (2) a prima facie case of a knowing and intentional violation of this subsection shall be established upon evidence that such person is more than ninety (90) days delinquent in paying the privilege license tax and fees for such vehicle as required under this article.
Therefore you are facing a maximum of $1000.00 fine and 1 year in jail.
Driving While Suspended or Revoked - Mississippi Coe Annotated 63-1-57
Any person whose license issued pursuant to this article or driving privilege as a nonresident has been canceled, suspended or revoked as provided in this title or in Section 93-11-157 or 93-11-163, as the case may be, and who drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended or revoked, is guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not less than two (2) days or more than six (6) months. There may be imposed in addition thereto a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) for each offense.
Therefore you face a maximum of 500.00 fine and 6 months in jail.See question
I was also arrested once But not charged in a fight with my child mother she was charged
The determination of whether you receive jail time is at the sole discretion of the judge. Nevertheless, embezzlement carries the potential of substantial jail time. Mississippi Code 97-23-19 outlines the punishment as follows:
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 value of Five Hundred Dollars ($500.00) or more, he shall be guilty of felony embezzlement, and, upon conviction thereof, shall be imprisoned in the custody of the Department of Corrections not more than ten (10) years, or fined not more than Twenty-five Thousand Dollars ($25, 000.00), or both. If the value of such goods, rights in action, money or other valuable security, effects, or property of any kind is less than Five Hundred Dollars ($500.00), he shall be guilty of misdemeanor embezzlement, and, upon conviction thereof, shall be imprisoned in the county jail not more than six (6) months, or fined not more than One Thousand Dollars ($1,000.00), or both.
There may be alternative to serving jail time; however, you need to contact an attorney and further discuss the facts of your case.See question
We were n a small truck. They found it on the seat between me and the driver
A law enforcement officer can charge almost anyone with any crime they desire; however, that does not necessarily mean you are guilty of the crime. Nevertheless, it places you in the position of defending yourself or suffer the consequences. It is not uncommon for a law enforcement officer to charge multiple individuals in a vehicle with possession of a controlled substance and let the court and the individuals charged to figure out who it belonged to.
Typically, if you are operating the vehicle, you are responsible for the contents of the vehicle unless you can prove otherwise. The biggest issue with possession of a controlled substance in a motor vehicle is the consequences involved. Where as simple possession carries a maximum fine of $250.00, possession in a motor vehicle carries a maximum of $1,000.00 fine and six months in jail. With both charges, you will also face a six month license suspension.
It sounds as if you need to speak with an attorney to further discuss the facts of your case and the options you may have.See question
He is a first time offender and is still waiting to be transferee to rankin county.can someone please tell me how much of this time will he have to serve
Based upon your question, there are too many unknowns at this time. However, based upon your statement, the most he will serve is 13 months. However, this time can be drastically reduced depending on the crime he was convicted and the status he is classified in the system.
Some crimes require you to serve day for day, others will allow you to qualify for a 15% reduction of time, and yet others will allow you to be released after serving approximately 25% of the total non-suspended time.
As previously pointed out, there are a number of different classifications which may help determine the required percentage of time to be served.
Mississippi Department of Corrections
MDOC has a website for you to review the different situations which may reduce the time required to serve. I would advise starting there and should you have any more questions, contact your husband’s attorney for clarification.
I went to court and plead not guilty because I was not shoplifting ....Im working on getting a lawyer because they wouldn't show the video tape.
It will depend on who is running the record and what they are looking for. If law enforcement were to run your record, they will be able to see where and when you were arrested and it will have a notation that shows the case is pending. However, if someone else is running your record, i.e. an employer, they usually use a service that will not pick the arrest up for some time.See question
I am currently on house arrest. I am a full time student, and I do know that a driver's license is suspended for five years following a third offense.
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 complete the treatment, you will be eligible for reinstatement after 3 years.
Mississippi Code Annotated 63-11-30 (2)(e) directly addresses your question:
(e) Except as otherwise provided in subsection (3), any person convicted of a third or subsequent violation of subsection (1) of this section shall 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 such person successfully completes such treatment, such person shall be eligible for reinstatement of his driving privileges after a period of three (3) years after such person's driver's license is suspended.See question
1st DUI,need license to get to work.
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 court of the person's county of residence may reduce the suspension of driving privileges under Section 63-11-30(2)(a) if the denial of which would constitute a hardship on the offender, except that no court may issue such an order reducing the suspension of driving privileges under this subsection until thirty (30) days have elapsed from the effective date of the suspension. Hardships shall only apply to first offenses under Section 63-11-30(1), and shall not apply to second, third or subsequent convictions of any person violating subsection (1) of this section. A reduction of suspension on the basis of hardship shall not be available to any person who refused to submit to a chemical test upon the request of a law enforcement officer as provided in Section 63-11-5. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Fifty Dollars ($50.00), which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature. This fee shall be in addition to any other court costs or fees required for the filing of petitions.
The petition filed under the provisions of this subsection shall contain the specific facts which the petitioner alleges to constitute a hardship and the driver's license number of the petitioner. A hearing may be held on any petition filed under this subsection only after ten (10) days' prior written notice to the Commissioner of Public Safety, or his designated agent, or the attorney designated to represent the state. At such hearing, the court may enter an order reducing the period of suspension.
The order entered under the provisions of this subsection shall contain the specific grounds upon which hardship was determined, and shall order the petitioner to attend and complete an alcohol safety education program as provided in Section 63-11-32. A certified copy of such order shall be delivered to the Commissioner of Public Safety by the clerk of the court within five (5) days of the entry of the order. The certified copy of such order shall contain information which will identify the petitioner, including, but not limited to, the name, mailing address, street address, social security number and driver's license number of the petitioner.
At any time following at least thirty (30) days of suspension for a first offense violation of this section, the court may grant the person hardship driving privileges upon written petition of the defendant, if it finds reasonable cause to believe that revocation would hinder the person's ability to:
(i) Continue his employment;
(ii) Continue attending school or an educational institution; or
(iii) Obtain necessary medical care.
Proof of the hardship shall be established by clear and convincing evidence which shall be supported by independent documentation.
Should you need additional information or guidance, please feel free to contact our office.See question
Will this still show up if I am trying to get an apartment in another state? I am moving to Tennessee and I need to get an apartment.
The mere fact that you did not serve jail time has nothing to do with your criminal record. If you were convicted of the felony charge and an appropriate background check is performed, it will likely show up. That being said, depending on the facts and circumstance of your particular case, it may be a charge that can be expunged. There are a lot of criteria that must be met; however, it you have the opportunity to expunge this off your record so you do not have to worry about it in the future, you may want to consider this option. You would most likely need to consult with an attorney to determine if you are eligible.See question