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Kevin Thomas Stewart

Kevin Stewart’s Answers

106 total


  • Will I go to jail when I got a 2nd poss. Of Marj While on probation i already violated it by failing a drug test the same month

    I was arrested for 3 days for my first charge back in June. I had violation of probation and two contempt of court charges and they let me go today and put me on 90 more days of probation and suspended my license. I got court for the 2nd one Monda...

    Kevin’s Answer

    Simple possession of marijuana consequences are line out in Mississippi Code 41-29-139:

    (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. . . .

    Any person who violates this subsection with respect to:

    (2) Marihuana or synthetic cannabinoids in the following amounts shall be charged and sentenced as follows:

    (A) Thirty (30) grams or less by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00). . . . A second conviction under this section within two (2) years shall be punished by a fine of Two Hundred Fifty Dollars ($250.00) and not less than five (5) days nor more than sixty (60) days in the county jail and mandatory participation in a drug education program . . . unless the court enters a written finding that such drug education program is inappropriate. . . .

    Additionally, you may face potential jail time if there was anytime suspended for the first possession or for the contempt of court. Based upon your question, it seems as though the judge may have suspended some jail time and place you on probation instead of sending you to jail.

    Adding to the problem would be if you are appearing before the same court for the second charge as they will obviously know of the first occurrence.

    I think you may want to talk to an attorney prior to going to court if at all possible.

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  • What charges will i be facing for a first time MIP in the state of Mississippi? I have no prior's.

    I was caught by a police officer under age in a 21 and older bar. I had a beer in my hand but I was never carded at the door nor were there any posted signs that this was a 21 and older bar...does this work in my favor? Should I get a lawyer?

    Kevin’s Answer

    The crime and consequence for minor in possession are outlined in Mississippi Code Section 67-1-81: Prohibition of sales to minors; presentation of false documentation as to age; penalties

    (2) Any person under the age of twenty-one (21) years who purchases, receives, or has in his or her possession in any public place, any alcoholic beverages, shall be guilty of a misdemeanor and shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00). . . .

    (4) If a person under the age of twenty-one (21) years is convicted or enters a plea of guilty of purchasing, receiving or having in his or her possession in any public place any alcoholic beverages in violation of subsection (2) of this section, the trial judge, in lieu of the penalties otherwise provided under subsection (2) of this section, shall suspend the minor's driver's license by taking and keeping it in the custody of the court for a period of time not to exceed ninety (90) days. The judge so ordering the suspension shall enter upon his docket “DEFENDANT'S DRIVER'S LICENSE SUSPENDED FOR ... DAYS IN LIEU OF CONVICTION” and such action by the trial judge shall not constitute a conviction. During the period that the minor's driver's license is suspended, the trial judge shall suspend the imposition of any fines or penalties that may be imposed under subsection (2) of this section and may place the minor on probation subject to such conditions as the judge deems appropriate. If the minor violates any of the conditions of probation, then the trial judge shall return the driver's license to the minor and impose the fines, penalties or both, that he would have otherwise imposed, and such action shall constitute a conviction.

    I think it would be a good idea to discuss this matter with and attorney to explore the options that you may have.

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  • What is conspiricy to distrbute narcotics?

    What can i do to prove i was not involves?

    Kevin’s Answer

    Conspiracy is defined in Mississippi Code Section 97-1-1:

    (1) If two (2) or more persons conspire either:
    (a) To commit a crime; or
    (b) Falsely and maliciously to indict another for a crime, or to procure to be complained of or arrested for a crime; or
    (c) Falsely to institute or maintain an action or suit of any kind; or
    (d) To cheat and defraud another out of property by any means which are in themselves criminal, or which, if executed, would amount to a cheat, or to obtain money or any other property or thing by false pretense; or
    (e) To prevent another from exercising a lawful trade or calling, or doing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use of employment thereof; or
    (f) To commit any act injurious to the public health, to public morals, trade or commerce, or for the perversion or obstruction of justice, or of the due administration of the laws; or
    (g) To overthrow or violate the laws of this state through force, violence, threats, intimidation, or otherwise; or
    (h) To accomplish any unlawful purpose, or a lawful purpose by any unlawful means; such persons, and each of them, shall be guilty of a felony and upon conviction may be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than five (5) years, or by both.

    (3) Where the crime conspired to be committed is capital murder or murder as defined by law or is a violation of Section 41-29-139(b)(1), Section 41-29-139(c)(2)(D) or Section 41-29-313(1), being provisions of the Uniform Controlled Substances Law, the offense shall be punishable by a fine of not more than Five Hundred Thousand Dollars ($500,000.00) or by imprisonment for not more than twenty (20) years, or by both.

    You may want to contact an attorney to discuss your case in detail.

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  • 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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