Skip to main content
Lance O'Neal Mixon

Lance Mixon’s Answers

181 total


  • Do I have a case?

    It's my first offense but I almost stole $23 dollars worth of items. I was never read my Miranda rights, was told multiple times police would not be involved and that I would get to go home soon as this or that was completed. They lied on both acc...

    Lance’s Answer

    Not being read your Miranda rights isn't a "get out of jail" card. It is probably the most misunderstood concept of the general public when it comes to criminal law enforcement. If you were interrogated while in custody, then any incriminating statements should be inadmissible in a trial against you, if you weren't read the Miranda rights.

    As far as everything else, it won't matter that the police officer was "rude." The fact is, you have been charged with a serious crime and you need a lawyer. Consult with one as soon as possible.

    See question 
  • Is driving when taking a daily prescrip of adderall for ADHD a DUI? Without treatment u will have a distracted driver.

    I'd be a distracted and dangerous driver. One could compare past driving record to now and see no wrecks or tickets in recent years. I would think distracted driving is more dangerous. It's not like 20 mg makes me high. I still suffer exhausted fa...

    Lance’s Answer

    If you have been charged with a DUI, hire counsel. Plain and simple. The prescription itself won't save you from being convicted in court. I have been in court many, many times and seen individuals who thought they could "do it themselves" in "DUI other substance" cases get convicted because they didn't make the wise move to have an attorney to defend them. Showing the prescription bottle, having information from the Internet, a doctor's written statement, etc., won't matter at all when the prosecutor turns to the officer who charged you with this, and asks him/her, "do you think that [you] was impaired at the time of driving?"

    "OF COURSE," the officer will tell the prosecutor. Why else would the officer have charged you? The officer will most likely desire to have you convicted if he/she took the time to file a DUI charge. It is serious business all throughout the state and the country. The media frequently reports on cases where others are hurt or killed because of an alleged "drunk driver" or, as in your case, an alleged "drugged driver." Because of this, the authorities err on the side of caution to protect themselves (think in terms of "political pressure" and "job security"), and in the name of "public safety" they generally try to come down hard on every defendant accused of a DUI, no matter how weak their case against that person may be.

    It is a crime of opinion. But it is a serious crime, and it is foolish for anyone to represent himself or herself for any serious crime.

    Courtrooms, court clerks, judges, prosecutors, police officers, the Department of Public Safety, the probation agency, MASEP, MADD, etc. = a web of complexity that simply cannot be and should not be handled without an experienced criminal & DUI defense attorney assisting someone accused of something as dire as a DUI.

    I offer a free comprehensive consultation to discuss options and sound, proven strategies for helping someone facing a DUI charge, as do other attorneys I know. You have hope. My first advice is to take advantage of one of these consultations and then move forward based on that. Good luck!

    See question 
  • Non-Adjudication

    When a dui is non adjudicated does that mean it was dismissed after the court imposed sanctions are completed. If not what does it mean?

    Lance’s Answer

    Here in Mississippi, it depends on the court and the judge assigned to the case, among other factors. I have seen no less than 20 different versions of final orders of "nonadjudication" since October of last year (when the "new" nonadjudication law for DUI First Offenses took effect in our state). Some judges will sign orders that are prepared by the defense attorney for the client and that state that the charge and the case is "dismissed." Other judges won't, taking the position that "nonadjudication" just simply means "NO adjudication" and NOT necessarily that the charge was "dismissed."

    If you have a DUI First Offense pending and you are eligible for nonadjudication under the "new" law, then by all means consult with and hire the best DUI defense attorney that you can afford so that the proper steps are taken to get the best result possible. That is, if you don't already have an attorney.

    I know that myself and some others offer free initial consultations to discuss your options.

    Lance Mixon

    See question 
  • What are the standard penalties for a first offense DUI of marijuana if someone has never been in trouble?

    Son was charged with DUI of marijuana. He is 20 years old and never been in trouble before. He was stopped for not having his headlights on. We are trying to get a ballpark of what type of punishment to expect. Thank you

    Lance’s Answer

    Use the "Find a Lawyer" feature here on Avvo to find a DUI defense attorney close to you in Georgia, and then arrange for a consultation with him/her. There are many excellent attorneys for this kind of problem in your home state.

    See question 
  • I'm a student at ms state and got a possession of less than a ounce of marijuana ticket on campus should I worry about any jail

    This is my first offense

    Lance’s Answer

    Get a lawyer who is experienced in handling cases in the Starkville Municipal Court and/or Oktibbeha County Justice Court. I am on one of those. "Been there, done that," many times.

    Know this: if you plead guilty or otherwise become "convicted" of this offense, it results in a mandatory 6 month driver's license suspension by the Mississippi Dept. of Public Safety, in addition to the fine & court costs, potential probation, potential jail sentence, as well potential discipline by Miss. State University. Student loans, grants, scholarships, etc., may also be negatively impacted.

    I offer free consultations for cases of this nature.

    See question 
  • Can i fight a speeding ticket in court ?

    I was stopped by a Florence,Ms patrol officer a few days ago.He said I was doing 65 in a 45 zone.I know I wasn't going that fast.Can I fight this ticket in court and will I win ?

    Lance’s Answer

    Your best option, ANYTIME that you must appear in court as a "party" (that is, a plaintiff, or defendant, in your case) is to have a lawyer representing you. However, most lawyers I know won't take a case that is a charge of "speeding" only. The attorney's fee is usually not justified in the mind of the potential client, here. Lawyers don't offer their services for free, and they don't work for free. So yes, you could hire an attorney, but don't expect to pay something "cheap" even though this is a speeding ticket and not something more serious. Why? The lawyer will have to spend time talking to you - in his/her office, on the phone, or both - PLUS preparing the case PLUS the time spent in court with you.

    All of that said, if you are willing and able to pay for a lawyer to represent you, then by all means consult with one. Otherwise, you should explore an option such as a "defensive driving" class (if eligible) with the court. It is RARE that one goes to trial on his/her speeding ticket and wins. Especially in a Municipal or Justice Court here in Mississippi.

    See question 
  • I was accused of speeding but never saw proof, never signed a ticket and was not allowed to contest it!

    I was driving home from work downhill on a highway overpass and a police car that had had been previously parked across the street with his police lights already on decided to turn on his sirens at me before I had even passed him. He said I was go...

    Lance’s Answer

    "how would i refute this in Mississippi traffic court."

    Your best option, ANYTIME that you must appear in court as a "party" (that is, a plaintiff, or defendant, in your case) is to have a lawyer representing you. However, most lawyers I know won't take a case that is a charge of "speeding" only. The attorney's fee is usually not justified in the mind of the potential client, here. Lawyers don't offer their services for free, and they don't work for free. So yes, you could hire an attorney, but don't expect to pay something "cheap" even though this is a speeding ticket and not something more serious. Why? The lawyer will have to spend time talking to you - in his/her office, on the phone, or both - PLUS the preparing the case PLUS the time spent in court with you.

    All of that said, if you are willing and able to pay for a lawyer to represent you, then by all means consult with one. Otherwise, you should explore an option such as a "defensive driving" class (if eligible) with the court. It is RARE that one goes to trial on his/her speeding ticket and wins. Especially in a Municipal or Justice Court here in Mississippi.

    See question 
  • I got arrested and charged with a felony for less then a half of gram of meth. I was told that I would not be indiacted

    I have 2 prior felony poss of meth. With this new bill they past. I know that the amount I got caught with is a misdemeanor, but the officer charged me with a felony. Can if be dropped to misdemeanor n me not b indicated?

    Lance’s Answer

    Your greatest chances of great results in this situation will be by having a criminal defense attorney. Especially so, if your charge is Scott County (or Leake, Neshoba, or Newton Counties) . . . because if you do indeed get indicted, the Circuit Court judges there are tough - very tough - on criminal defendants.

    See question 
  • I got caught shoplifting at Walmart I bond out was told to have a lawyer when I return to court

    It was my first time but the tape shows that I have been doing it for a long time

    Lance’s Answer

    Then by all means, follow the advice given. That is, consult with and hire a criminal defense lawyer, as soon as possible! Most here in Mississippi will not charge a fee for an initial consultation.

    See question 
  • How can this be legal?

    Police assisted a guest cottage tenant with the entry of my personal home (main house) by a locksmith after this person was asked to not enter my home and locks were changed. I have this on surveillance video.

    Lance’s Answer

    Additionally, if the police searched your home during this incident and you have been charged with a crime, or feel that there is any chance that may be charged with a a crime, then contact a criminal defense attorney for a confidential consultation about your rights.

    See question