Kevin Thomas Stewart’s Answers

Kevin Thomas Stewart

Jackson Criminal Defense Attorney.

Contributor Level 11
  1. My 2nd cousin (16 yrs. old) was stopped and cited for driving without a license. It happened a second time. Now there's a trial

    Answered about 3 years ago.

    1. Kevin Thomas Stewart
    1 lawyer answer

    Based upon the information you provided, I am going to assume that your cousin was charged with driving without a license, not driving on a suspended license. Based upon this assumption, the charge is still a misdemeanor; however the implementation of jail time is at the discretion of the court. Mississippi Code 63-1-5 address operating a vehicle without a license. No person shall drive or operate a motor vehicle other than a motorcycle upon the highways of the State of Mississippi without...

    1 lawyer agreed with this answer

  2. Is a police officer considered a 'position of trust' in regards to Mississippi Code statute 97-3-95?

    Answered about 3 years ago.

    1. Kevin Thomas Stewart
    1 lawyer answer

    As you noted in your question, the statute specifically list a number of individuals which qualify for persons in a position of trust. However, based upon the statute does not provide an exhaustive list. Specifically addressing the issue of a police officer, you should consider Opinion No. 2004-0254 from the Office of the Attorney General, State of Mississippi which is set out in part as follows: “Is a law enforcement officer necessarily a person of trust or authority pursuant to Section...

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  3. Im 18 years old and i have two sales charges, I really need to stay out of jail I have a kid on the way??

    Answered over 3 years ago.

    1. Kevin Thomas Stewart
    2. Mark Daniel Melnick
    2 lawyer answers

    I would recommend you to contact a local attorney and discuss the particulars of you case with them. Sale of controlled substances carries substantial penalties including prision anywhere from 3 years to more than 30 years depending on the substance and location of the sale. However, there may be some mitagating circumstances that may provide alternatives to serving jail time. Depending on your particular situation, you may be able to do some combination of treatment program and house arrest....

    1 lawyer agreed with this answer

  4. Can you pay a fine to avoid trial after judge sets court date?

    Answered over 3 years ago.

    1. Kevin Thomas Stewart
    2. Victor Wallace Carmody Jr.
    2 lawyer answers

    Disorderly conduct and resisting arrest charges are two different charges are similar in nature. There are a number of different ways with being charged with disorderly conduct, one of which is failure to comply with the request or command of law enforcement officer. 97-35-7. Disorderly conduct; failure to comply with requests or commands of law enforcement officers; penalties. “ Whoever, with intent to provoke a breach of the peace, or under such circumstances as may lead to a breach of...

    1 lawyer agreed with this answer

  5. Can a DUI ever be removed from record?

    Answered over 3 years ago.

    1. Victor Wallace Carmody Jr.
    2. Kevin Thomas Stewart
    3. Robert Edward Calesaric
    3 lawyer answers

    As already indicated, a DUI cannnot be expunged from your record; however, if you recently plead guilty to the charge and want an opportunity to prevent it from being on your record, you will have to file an appeal. You have thirty (30) days from the day of conviction to perfect an appeal. This would consist of posting an appeal bond (ensuring your presence in court), a cost bond (fee convering the filing fee and assessments for the charge), and the notice of appeal. If you contest your case...

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  6. Is there a statute of limitations?

    Answered over 3 years ago.

    1. Kevin Thomas Stewart
    2. Victor Wallace Carmody Jr.
    3. John Lawrence Buckley
    3 lawyer answers

    The scenario as described would not be barred by any statute of limitations. I am unsure why you would have to return to court to be resentenced unless you did not satisfy the conditions set forth by the court in your initial sentence. If you were properly notified to appear in court and you failed to do so, the court may have issued a warrant for your arrest or there may be a contempt charge pending. I would advise you to contact an experienced DUI attorney and further discuss the...

    1 lawyer agreed with this answer

  7. Shoplifting

    Answered almost 4 years ago.

    1. Kevin Thomas Stewart
    2. Harvey Curtis Crowley
    2 lawyer answers

    Even though it sounds like your daughter was only charged with a misdemeanor shoplifting charge, the consequences are much more severe than just paying a fine. Shoplifting is discussed in Mississippi Code 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...

    1 lawyer agreed with this answer

  8. Why didn't the officer ask me to take a test if he was going to charge me with DUI? Can I have charges dismissed?

    Answered almost 4 years ago.

    1. Kevin Thomas Stewart
    2. Victor Wallace Carmody Jr.
    2 lawyer answers

    There are many different ways to be charged with driving under the influence which is covered by Mississippi Code 63-11-30. It is unlawful for any person to drive or otherwise operate a vehicle within this state who a. is under the influence of intoxicating liquor; b. is under the influence of any other substance which has impaired such person's ability to operate a motor vehicle; c. has an alcohol concentration of eight one-hundredths percent (.08%) or more for persons who are above...

    1 lawyer agreed with this answer

  9. Can I file a motion to dismiss after the ADA has been granted a continuance?

    Answered about 4 years ago.

    1. Lance O'Neal Mixon
    2. Kevin Thomas Stewart
    3. Johnny Ramirez Castaneda
    3 lawyer answers

    Nothing would prevent you from filing a motion to dismiss; however, the likelihood of it being granted is slim to none. The judge is going to take the position that you had the opportunity to oppose the continuance, but you decided to agree to the request. The fact the court date is more than a year from the original date the citation was written has will not weigh heavily on your case. The City of Jackson court docket is overwhelmingly backlogged. This time frame is not unusual. Should...

    1 lawyer agreed with this answer

  10. What can be done about a felony probation vilolation?

    Answered about 4 years ago.

    1. Lance O'Neal Mixon
    2. Victor Wallace Carmody Jr.
    3. Kevin Thomas Stewart
    3 lawyer answers

    The only help that your friend may be able to get is if he were to report voluntarily to the probation officer. The longer this goes on, the worse it can get. He does not want to get picked up by a local agency and be placed into custody awaiting extradition back to the jurisdiction where he received probation. However, before your friend reports to the probation officer, he may want to consult an attorney. He may want to go back to his original attorney since they probably know the most...

    2 people marked this answer as helpful

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