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Kevin Thomas Stewart

Kevin Stewart’s Answers

103 total


  • What would be the least penalty for possession of a controlled substance Adderall?

    I was stopped in a co workers truck that is subscribed Adderall and he had it in his medicine bottle with no label and I was charged with possession of a schedule two controlled substance. What would be the least penalty for this charge or is ther...

    Kevin’s Answer

    The penalties for possession of a controlled substance is determined based upon the quantity in your possession. Mississippi Code 41-29-139 outlines the penalties as follows:
    (c) It is unlawful for any person knowingly or intentionally to possess any controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article. The penalties for any violation of this subsection (c) with respect to a controlled substance classified in Schedules I, II, III, IV or V, as set out in Section 41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including marihuana or synthetic cannabinoids, shall be based on dosage unit as defined herein or the weight of the controlled substance as set forth herein as appropriate:
    . . .
    Any person who violates this subsection with respect to:
    (1) A controlled substance classified in Schedule I or II . . .
    (A) Less than one-tenth (0.1) gram or one (1) dosage unit or less may be charged as a misdemeanor or felony. If charged by indictment as a felony: by imprisonment not less than one (1) nor more than four (4) years and a fine not more than Ten Thousand Dollars ($10,000.00). If charged as a misdemeanor: by imprisonment for up to one (1) year and a fine not more than One Thousand Dollars ($1,000.00).
    (B) One-tenth (0.1) gram but less than two (2) grams or two (2) dosage units but less than ten (10) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years and a fine of not more than Fifty Thousand Dollars ($50,000.00).
    (C) Two (2) grams but less than ten (10) grams or ten (10) dosage units but less than twenty (20) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00).
    (D) Ten (10) grams but less than thirty (30) grams or twenty (20) dosage units but not more than forty (40) dosage units, by imprisonment for not less than six (6) years nor more than twenty-four (24) years and a fine of not more than Five Hundred Thousand Dollars ($500,000.00).
    (E) Thirty (30) grams or more or forty (40) dosage units or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years and a fine of not more than One Million Dollars ($1,000,000.00).

    As you can see, the penalties can be very severe and you should immediately speak with a qualified attorney to discuss your options. Just because you were charged with a crime does not mean you are guilty of one.

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

    We are attempting to decide whether or not it is worth the additional expense to appeal? If no expungement is possible, how long would these charges remain on the record??

    Kevin’s 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 the conviction was had for an order to expunge any such conviction from all public records.

    (2)(a) Any person who has been convicted of one of the following felonies may petition the court in which the conviction was had for an order to expunge one (1) conviction from all public records five (5) years after the successful completion of all terms and conditions of the sentence for the conviction: a bad check offense under Section 97-19-55; possession of a controlled substance or paraphernalia under Section 41-29-139(c) or (d); false pretense under Section 97-19-39; larceny under Section 97-17-41; malicious mischief under Section 97-17-67; or shoplifting under Section 97-23-93. A person is eligible for only one (1) felony expunction under this section.

    (b) The petitioner shall give ten (10) days' written notice to the district attorney before any hearing on the petition. In all cases, the court wherein the petition is filed may grant the petition if the court determines, on the record or in writing, that the applicant is rehabilitated from the offense which is the subject of the petition. In those cases where the court denies the petition, the findings of the court in this respect shall be identified specifically and not generally.

    (3) Upon entering an order of expunction under this section, a nonpublic record thereof shall be retained by the Mississippi Criminal Information Center solely for the purpose of determining whether, in subsequent proceedings, the person is a first offender. The order of expunction shall not preclude a district attorney's office from retaining a nonpublic record thereof for law enforcement purposes only. The existence of an order of expunction shall not preclude an employer from asking a prospective employee if the employee has had an order of expunction entered on his behalf. The effect of the expunction order shall be to restore the person, in the contemplation of the law, to the status he occupied before any arrest or indictment for which convicted. No person as to whom an expunction order has been entered shall be held thereafter under any provision of law to be guilty of perjury or to have otherwise given a false statement by reason of his failure to recite or acknowledge such arrest, indictment or conviction in response to any inquiry made of him for any purpose other than the purpose of determining, in any subsequent proceedings under this section, whether the person is a first offender. A person as to whom an order has been entered, upon request, shall be required to advise the court, in camera, of the previous conviction and expunction in any legal proceeding wherein the person has been called as a prospective juror. The court shall thereafter and before the selection of the jury advise the attorneys representing the parties of the previous conviction and expunction.

    (4) Upon petition therefor, a justice, county, circuit or municipal court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case."

    I would advise you to contact an experienced attorney to further discuss your options immediately. Time is of the essence because should the appeal be the desired direction, you only have thrity days from the date of conviction.

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  • Can i be arrested at my arraignment?

    I have two suspended drivers license charges two FTA two no proof of insurance a seatbelt violation public drunk public profanity and disturbing the peace

    Kevin’s Answer

    Absolutely, you can be arrested at your arraignment should the law enforcement authorities or court deem it appropriate. The fact that you have two failure to appears would leave the court to believe you may not show up at your next hearing date; therefore, they may want to put you in jail until that time. The charges that you reference can do carry potential jail time and should not be taken lightly even though they are misdemeanors. The charges also carry substantial fines which the court may require you to pay prior to leaving should you be convicted. I would advise you contact an attorney immediately to discuss your options prior to appearing for your arraignment.

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  • What can be done about a person who was given 2 DUIs had no license or insurance. Later runs over a person that was walking?

    The person hit was a teenager. Being hit by the car caused a Tramatic Brain Injury.

    Kevin’s Answer

    There could be numerous criminal charges against the individual you are referring to. DUI's are enhanceable crimes meaning the consequences are greater the more times you are convicted. If the individual is convicted of the second DUI, they are facing up to a year in jail along with a two year license suspension and numerous other consequences. However, this may be the least of their worries should criminal charges be brought concerning the accident. Depending on the circumstances, the individual may be facing aggravated assault charges and could be facing twenty years in prison.

    The teenager may also have a civil claim against the driver to cover medical bills, pain and suffering, and a laundry list of other items. It sounds like both individuals need to contact an attorney to further discuss their options.

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  • 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.

    I got a DUI when I was 17 years old . I thought that if you are under 18 years of age that you are considered a minor and all of your records are sealed.

    Kevin’s Answer

    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 experienced attorney will be able to discuss this issue further should you desire.

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  • I had a DUI and shoplifting combined into 1,then a 2nd shoplifting charge-I've truly turned my life around-what are my options

    I have had no further problems, went back to school, have the respect of my peers and live in MS. What, if any, are my options?

    Kevin’s Answer

    You have to be very cautious when concerning shoplifting because it is an enhanceable crime, meaning the consequences get harsher each time you are convicted. Shoplifting is addressed by Section 97-23-93 of the Mississippi Code. The pertinent sections are as follows:

    (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.

    (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.

    As you can see, pleading guilty to a second shoplifting charge puts you at risk of becoming a felon should it occur again.

    You always have options if you are charged with a crime. You have the right to contest the charges in court and for the court to determine if you have committed a crime.

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  • I got a dui in mississippi and i am moving to ?

    I got a dui last night and will be moving out of state for school. Will i still be able to move? Can I do the MASAP in another state? Can I transfer to another probation officer in Oklahoma?

    Kevin’s Answer

    The consequences, some of which you have mentioned, only apply should you be found guilty. At this time, you have only been charged and have the right to use the court system for a trial on the merits of the case and for the court to determine innocence or guilt. The consequences you mentioned, the Mississippi Alcohol Safety Education Program (MASEP), probation, etc. are only a few of the potential consequences; however, there are many more consequences that need to be discussed and I would advise you to contact an attorney as soon as possible in order to talk about them as well as the options you may have.

    Nevertheless, should you be found guilty of DUI, you will most likely be able to move out of state to pursue your educational opportunities. MASEP is a state specific program; however, each state will have their own program which should substitute for the Mississippi program. Upon receipt of the order to attend the program, you will need to contact the number listed and inform them of your new residence and they will provide you with additional information to set up a local program.

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

    please help idk wat to do

    Kevin’s Answer

    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 Section 97-5-23, sexual battery of a child as described in Section 97-3-95(1)(c), (d) or (2), or exploitation of children as described in Section 97-5-33. A person shall not be prosecuted for conspiracy, as described in Section 97-1-1, or for felonious assistance program fraud, as described in Section 97-19-71, unless the prosecution for such offense be commenced within five (5) years next after the commission thereof. A person shall not be prosecuted for larceny of timber as described in Section 97-17-59, unless the prosecution for such offense be commenced within six (6) years next after the commission thereof. A person shall not be prosecuted for any other offense not listed in this section unless the prosecution for such offense be commenced within two (2) years next after the commission thereof. Nothing contained in this section shall bar any prosecution against any person who shall abscond or flee from justice, or shall absent himself from this state or out of the jurisdiction of the court, or so conduct himself that he cannot be found by the officers of the law, or that process cannot be served upon him.”

    As you can see from the language of the statute, the State has two (2) years to prosecute for possession with intent.

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

    my close friend was arrested for embezzlement, sat in jail for 2 days, then pled guilty and was set bond. that was 16 months ago and we have not heard another thing about it. no court dates nothing....what is the statute on this?

    Kevin’s Answer

    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, 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 Section 97-5-23, sexual battery of a child as described in Section 97-3-95(1)(c), (d) or (2), or exploitation of children as described in Section 97-5-33. A person shall not be prosecuted for conspiracy, as described in Section 97-1-1, or for felonious assistance program fraud, as described in Section 97-19-71, unless the prosecution for such offense be commenced within five (5) years next after the commission thereof. A person shall not be prosecuted for larceny of timber as described in Section 97-17-59, unless the prosecution for such offense be commenced within six (6) years next after the commission thereof. A person shall not be prosecuted for any other offense not listed in this section unless the prosecution for such offense be commenced within two (2) years next after the commission thereof. Nothing contained in this section shall bar any prosecution against any person who shall abscond or flee from justice, or shall absent himself from this state or out of the jurisdiction of the court, or so conduct himself that he cannot be found by the officers of the law, or that process cannot be served upon him.”

    As you can see from the language of the statute, the passage of time will not bar the prosection of embezzlement.

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  • Can anyone tell me how to look up a case in its entirity?

    The case I would like to look up is Blakely v Washington, 159 L. Ed. 2d, 403, 124 S. Ct. 2531 (2004) is the actual case I am looking for. But when I put in the above information I get cases associated or ruled on the Blakely v Washington case but ...

    Kevin’s Answer

    • Selected as best answer

    Below is the link to this case with Google Scholar. You should be able to cut and paste it into your browers and pull it up. However, please be aware, this case has substantial negative history on a number of different issues, but it has not be overrulled.

    http://scholar.google.com/scholar_case?case=16163203473167624369&q=124+S.Ct.+2531&hl=en&as_sdt=2,43

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