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Kevin Thomas Stewart

Kevin Stewart’s Answers

106 total


  • WHAT IS THE PUNISHMENT IN MISSISSIPPI FOR DISTURBING THE PEACE?

    MY TENANT WHEN I WENT TO GO PICK UP RENT NICELY SHE CAME TO THE DOOR AND STARTED GETTING AGGRESSIVE WITH ME( WE HAD TOOK HER TO COURT BUT COULDNT GET HER EVICTED BECASUE IT WAS TOO EARLY) AND AFTER SHE GOT AGRESSVIVE WITH ME AND STARTED SCREAMING ...

    Kevin’s Answer

    Disorderly conduct can be charged a number of different ways; however, the consequences are similar.

    § 97-35-9. Disturbance by tumultuous or offensive conduct
    A person who wilfully disturbs the peace of any family or person by an explosion of gunpowder or other explosive substance, or by loud or unusual noise, or by any tumultuous or offensive conduct, shall be punished by fine or imprisonment, or both; the fine not to exceed one hundred dollars, and the imprisonment not to exceed six months in the county jail.

    § 97-35-11. Disturbance by abusive language or indecent exposure
    Any person who enters the dwelling house of another, or the yard or curtilage thereof, or upon the public highway, or any other place near such premises, and in the presence or hearing of the family or the possessor or occupant thereof, or of any member thereof, makes use of abusive, profane, vulgar or indecent language, or is guilty of any indecent exposure of his or her person at such place, shall be punished for a misdemeanor. The act of breast-feeding shall not constitute indecent exposure.

    § 97-35-13. Disturbance in public place
    Any person who shall enter any public place of business of any kind whatsoever, or upon the premises of such public place of business, or any other public place whatsoever, in the State of Mississippi, and while therein or thereon shall create a disturbance, or a breach of the peace, in any way whatsoever, including, but not restricted to, loud and offensive talk, the making of threats or attempting to intimidate, or any other conduct which causes a disturbance or breach of the peace or threatened breach of the peace, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars ($500.00) or imprisoned in jail not more than six (6) months, or both such fine and imprisonment.

    § 97-35-15. Disturbance of the peace
    (1) Any person who disturbs the public peace, or the peace of others, by violent, or loud, or insulting, or profane, or indecent, or offensive, or boisterous conduct or language, or by intimidation, or seeking to intimidate any other person or persons, or by conduct either calculated to provoke a breach of the peace, or by conduct which may lead to a breach of the peace, or by any other act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail not more than six (6) months, or both.
    (2) The act of breast-feeding shall not constitute a breach of the peace.
    (3) The provisions of this section are supplementary to the provisions of any other statute of this state.

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  • First time offender? One felony, one misdemeanor? If the felony was nonviolent, what do I need to do?

    A vehicle was left with me. Title loan had a lien on it. They came and got car. Can I be arrested for taking of a motor vehicle?

    Kevin’s Answer

    As previously mention, you need to seek legal advice anytime you are charged with a crime, regardless if the nature is a felony or misdemeanor.

    Miss. Code Ann. § 97-17-41 - Grand larceny

    (1) Any person who shall be convicted of taking and carrying away, feloniously, the personal property of another, of the value of One Thousand Dollars ($1,000.00) or more, but less than Five Thousand Dollars ($5,000.00), shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding five (5) years; or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. The total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.
    (2) Any person who shall be convicted of taking and carrying away, feloniously, the personal property of another, of the value of Five Thousand Dollars ($5,000.00) or more, but less than Twenty-five Thousand Dollars ($25,000.00), shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding ten (10) years; or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. The total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.
    (3) Any person who shall be convicted of taking and carrying away, feloniously, the personal property of another, of the value of Twenty-five Thousand Dollars ($25,000.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding twenty (20) years; or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. The total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.
    (4)(a) Any person who shall be convicted of taking and carrying away, feloniously, the property of a church, synagogue, temple or other established place of worship, of the value of One Thousand Dollars ($1,000.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding ten (10) years, or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both.
    (b) Any person who shall be convicted of taking and carrying away, feloniously, the property of a church, synagogue, temple or other established place of worship, of the value of Twenty-five Thousand Dollars ($25,000.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding twenty (20) years, or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. The total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.

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  • I was just put on felony probation. I found out that i have an old misdameanor warrent for absconder in another state can i

    be violated on my current probation

    Kevin’s Answer

    The probation officer has a lot of discretion when working with individuals placed on probation. Certainly, the probation officer could violate you; however, that does not mean a court will agree with the probation officer. You will have the opportunity to contest any filing in the appropriate court which has retained jurisdiction of your case. As previously mentioned, transgression occurring prior to being placed on probation SHOULD not be a cause for a violation, as the probation officer SHOULD have known if there were any active cases or warrants prior to the court placing under their supervision.

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  • My stepfather has been on parole for a little over a year for felony Dui. He has violated his probation.What are is options now?

    My stepfather went to the emergency room in New Albany MS and was presented with some very bad news. The doctors found a spot on his lung that they are all but certain is lung cancer. This news triggered a relapse with my stepfather. After a year ...

    Kevin’s Answer

    There are multiple legal ramifications that your father is facing.

    1. Criminal Charges in Corinth. Your father is facing a driving under the influence charge which can have substantial consequences in and of itself. Depending on when the previous offenses occurred, it could potentially be a first, second, or third (felony) offense. The facts that you have provided may be beneficial in his defense.

    2. Probation Revocation. Your father was on probation for the previous felony conviction for DUI. I am sure one of the conditions of probation was to abstain from consumption of alcohol as well as abide by the laws of this state. Therefore, your father's probation could be revoked and he could be sent to prison to serve the balance of any time that was suspended. This may be done even without being convicted of the DUI in Corinth because he had alcohol in his system, even though it was not over the legal limit.

    I would advise you to contact an attorney as soon as possible to discuss his options.

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  • Charged with drug paraphernalia?

    I was pulled over for failure to use a turn signal. The cop told me he smelled marijuana and told me to exit my vehicle. He then told me he wa giving me one chance to be honest so I immediately told him where my stuff was located. All I had was le...

    Kevin’s Answer

    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, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both; however, no person shall be charged with a violation of this subsection when such person is also charged with the possession of one (1) ounce or less of marihuana or synthetic cannabinoids under subsection (c)(2)(A) of this section.”

    Therefore you face a fine of up to $500.00 and up to 6 months in jail. What is not mentioned in this section is that if you are convicted of a controlled substance violation, which this is, your driving privileges will be suspended for 6 months.

    If you are charged with possession of marijuana, you are facing a completely different set of consequences.

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  • Can The DA try a 4 year old agg assault case if it has reached its statute of limitations which is 4 years?

    There are no witnesses and no evidence for the case. Would it be smart for them to go fourth with prosecuting? And I did some research and agg assault where I'm from is a class "C" or "D" felony and has to be prosecuted within 4 years of the date ...

    Kevin’s Answer

    This question is posted in the Mississippi section and I see where you live in Southaven; therefore, I am going to assume the alleged incident occurred in Mississippi. As previously stated, there is no statute of limitation for the crime of aggravated assault.

    Statute of Limitations
    Mississippi Code 99-1-5

    The passage of time shall never bar prosecution against any person for the offenses of . . . aggravated assault. . . .

    Further, if convicted, you face a maximum time of imprisonment of twenty years and a ten thousand dollar fine (general maximum fine amount).

    Penalties – Aggravated Assault
    Mississippi Code 97-3-7

    (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.

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  • If my sister is indicted on embezzlement, how much would she have stole for it to be a felony? What kind of time would she face

    She never admitted it to us but she was arrested and charge with 3 counts of (I think) embezzlement from Walmart as an employee. How much time is she likely to face? She doesn't have a record but I am unsure of just how much it was she stole each ...

    Kevin’s Answer

    Embezzlement is outlined in Mississippi Code 97-23-19:

    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.

    Summary
    - More than $500.00 = Felony - Up to 10 years in prison and/or up to a $25,000.00 fine
    - Less than $500.00 = Misdemeanor - Up to 6 months in jail and/or up to a $1,000.00 fine

    If she is facing three counts, she would be facing 3 times each of these consequences.

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  • Can a Mississippi resident take the 12-hour DUI I class online for a DUI I received in Mississippi?

    I went to court last week - guilty of DUI I.

    Kevin’s Answer

    The court is required to order you to attend and complete the Mississippi Alcohol Safety Education Program. This class is required in the state of Mississippi to get your driving privileges reinstated. If you are unable to attend one of the many classes offered in Mississippi, you need to call the program at 1.800.
    678.2534 and inform them of your location and they will provide you with the closest acceptable substitute class.

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  • I need help concerning drug court

    how can they violate you if u have all your requirements just missing fine money would a lawyer help with a revocation hearing.

    Kevin’s 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 information provided. I suggest you contact an attorney to discuss the facts and determine if there are any alternative to the revocation.

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  • What will happen if I'm not issued court papers

    Its been three weeks since I've been told i have charges pressed on me and i haven't received any court papers

    Kevin’s Answer

    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 is obtaining more evidence prior to proceeding. If you know that you have been charged with a crime, you need to contact an attorney to begin working on your case. Typically, the sooner an attorney gets involved, the better chance at a successful resolution.

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