Kevin Thomas Stewart’s Answers

Kevin Thomas Stewart

Jackson Criminal Defense Attorney.

Contributor Level 11
  1. Can the military police arrest a civilian outside the base for dui

    Answered over 4 years ago.

    1. Victor Wallace Carmody Jr.
    2. Kevin Thomas Stewart
    3. Todd F. La Neve
    4. Jeffrey Alan Lustick
    4 lawyer answers

    Short answer - It Depends. This question is very difficult to answer with the limited facts that are presented. If you were on the base and the military police saw you and were in pursuit of you prior to leaving, then yes they can stop you after you leave the base. You must also consider the military police may still have jurisdiction after you drive through the gates because the gates may not be at the end of the federal property. There are just too many variables to accurately answer your...

    1 lawyer agreed with this answer

  2. Can an officer order a passenger out of a vehicle and charge them with public intoxication?

    Answered over 4 years ago.

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

    Mississippi Public Drunkenness Statute: If any person shall profanely swear or curse, or use vulgar and indecent language, or be drunk in any public place, in the presence of two (2) or more persons, he shall, on conviction thereof, be fined not more than one hundred dollars ($100.00) or be imprisoned in the county jail not more than thirty (30) days or both. It would seem by your question that your son was stuck between a rock and a hard place. He was going to be charged with a...

    1 lawyer agreed with this answer

  3. Do I need a lawyer

    Answered about 1 year ago.

    1. Francis Starr Springer
    2. Kevin Thomas Stewart
    3. Anders Ferrington
    4. Justin Wade Blow
    4 lawyer answers

    You most likely still have the criminal matters pending. The possession charge could potentially be trial in municipal or justice court; however, the felony embezzlement charge would be tried in circuit court. The mere fact that you have been out of the state does not mean the charges disappear. Depending on the notice that was given to the court concerning the misdemeanor charge, you may have already been found guilty in your absence and/or a warrant may have been issued for your arrest....

    1 person marked this answer as helpful

  4. I got arrested for shoplifting...but I haven't been to trial yet..will it show up on my record now ?

    Answered almost 2 years ago.

    1. Kevin Thomas Stewart
    1 lawyer answer

    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.

    1 person marked this answer as helpful

  5. I am defending myself in a dui case, do i have the right to know what kind of intoxilizer machine they used? Are they allowed ?

    Answered over 3 years ago.

    1. Kevin Thomas Stewart
    2. Michael Jonathan Wartko
    3. Matthew Thomas Martin
    3 lawyer answers

    Mississippi Code Annotated Section 63-11-15 directly address your situation. It reads as follows: "Upon the written request of the person tested, or his attorney, full information concerning the test taken at the direction of the law enforcement officer shall be made available to him or to his attorney" As in any DUI matter, I would advise you to contact an attorney and discuss your options.

    1 person marked this answer as helpful

  6. How do we get charges run concurrent?

    Answered almost 4 years ago.

    1. Kevin Thomas Stewart
    2. Dustin N Thomas
    3. Patrick Joseph Casey
    3 lawyer answers

    Having multiple charges pending from separate arrest can sometimes be overwhelming to individuals who have not been though this process. From the information you provided, your fiancée is facing substantial jail time. My first recommendation is to make sure he has an attorney working for his best interest. If he is considering pleading guilty to more than one charge (which I am not advising since I do not know anything about the cases) he would need to talk to the district attorney handling...

    1 person marked this answer as helpful

  7. Charged with drug paraphernalia?

    Answered 8 months ago.

    1. Kevin Thomas Stewart
    2. Bryan Eric Neal
    3. Robert Jason De Groot
    3 lawyer answers

    The law concerning possession of paraphernalia is Mississippi Code § 41-29-139. The specific section that would apply to you is subsection (d)(1): “It is unlawful for a person who is not authorized by the State Board of Medical Licensure, State Board of Pharmacy, or other lawful authority to use, or to possess with intent to use, paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain,...

  8. I need help concerning drug court

    Answered about 1 year ago.

    1. Kevin Thomas Stewart
    1 lawyer answer

    You have not provided enough information to adequately answer the question; however, I am going to assume a few things that are normally involved with drug court sentencing. Usually, payment of a court imposed fine is a condition of the terms of the drug court program. Failure to pay the imposed fine could violate the terms of the agreement and a revocation may be an option. However, there may be alternatives to being revoked and serving jail time, but again, there is not enough...

  9. What will happen if I'm not issued court papers

    Answered about 1 year ago.

    1. Francis Starr Springer
    2. Anders Ferrington
    3. Kevin Thomas Stewart
    3 lawyer answers

    The only way that you will be required to attend court and answer to any charges is if you receive notice to appear. If you do not get notice to appear, you do not need to go to court. Each law enforcement agency and court operates in different time frames. Not to have received notice to appear within three weeks may be unusual in some places; however, other places it may take months to receive notice. Also, there may be an ongoing investigation in this matter and the law enforcement agency...

  10. I have been charged with petty larceny. Its my first offense and its a misdemeanor. What will be my punishment

    Answered about 1 year ago.

    1. James Paul Tinsley
    2. Kevin Thomas Stewart
    3. Stacy E Pepper
    3 lawyer answers

    For an explanation of the charge and the possible consequence, petit larceny is described in Mississippi Code section 97-17-43. (1) If any person shall . . . take, steal and carry away any personal property of another under the value of . . . ($500.00), he shall be guilty of petit larceny and, upon conviction, shall be punished by imprisonment in the county jail not exceeding . . . (6) months or by fine not exceeding . . . ($1,000.00), or both. . . . There are enhancements if it involves...

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