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Kevin Thomas Stewart

Kevin Stewart’s Answers

113 total

  • 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.

    - 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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  • PLEASE HELP! Minor shoplift. first offense.

    I'm 15 and i got caught taking a phone case from Claire's. The woman was real rude. & pressed charges and prosecuted me. This is my first offense with the law. Straight A student, and everything. Thought since my friends could, i could. Guess not....

    Kevin’s Answer

    There are multiple answers to your question depending on what court is handling this matter. If it is youth court, there is a lot of discretion by the judge as to what court imposed conditions can be ordered. It can range from being placed in juvenile detention to being released without any further punishment. The punishments are set forth in Mississippi Code 43-21-605: Dispositions.

    (1) In delinquency cases, the disposition order may include any of the following alternatives:

    (a) Release the child without further action;

    (b) Place the child in the custody of the parents . . .;

    (c) Place the child on probation . . .;

    (d) Order terms of treatment . . . ;

    (e) Order terms of supervision . . .;

    (f) Suspend the child's driver's license . . . ;

    (g) Give legal custody of the child to any of the following:

    (i) The Department of Human Services . . . ; or

    (ii) Any public or private organization . . .; or

    (iii) The Division of Youth Services . . .;

    (h) . . . Youth Challenge Program . . .;

    (i)(i) . . . Statewide Juvenile Work Program . . . ;

    (j) . . . youth court work program . . .;

    (k) . . . house arrest . . .;

    (l) . . . juvenile detention center

    (n) Referral to A-team provided system of care services. . . .

    However, if it is handled in the municipal or justice court, the punishment is outlined by Mississippi Code 97-23-93: Shoplifting.

    (1) Any person who shall wilfully and unlawfully take possession of any merchandise owned or held by and offered or displayed for sale by any merchant, store or other mercantile establishment with the intention and purpose of converting such merchandise to his own use without paying the merchant's stated price therefor shall be guilty of the crime of shoplifting and, upon conviction, shall be punished as is provided in this section.

    (2) The requisite intention to convert merchandise without paying the merchant's stated price for the merchandise is presumed, and shall be prima facie evidence thereof, when such person, alone or in concert with another person, willfully:

    (a) Conceals the unpurchased merchandise;

    (b) Removes or causes the removal of unpurchased merchandise from a store or other mercantile establishment;
    . . .

    (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. . . .

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

    I have not stolen anything from anybody. i have a clean record this is my.first offense. And i want to know what will happen to me

    Kevin’s Answer

    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 larceny from a church or different punishment if is was larceny of fuel from a gas station; however, you did not denote either of these in your question.

    The court also has desecration to impose alternative punishment that may prevent this from being a conviction; however, I would advise you to seek the advice of competent counsel to discuss any options.

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  • Drivers license suspends in MS but lived in TN..may need a lawyer to help?

    My license is currently suspended and registered in the state of Mississippi. They became suspended when I lived in the state of Tennessee. I want to pay the ticket that got them suspended but have several moving violations in that state of TN. Wi...

    Kevin’s Answer

    • Selected as best answer

    Short answers: it depends. Since your license was issued by the state of Mississippi, you will have to contact the DMV to determine why they are suspended. They will likely be able to tell you exactly who (county, city, etc.) has an administrative suspension and why (failure to appear, failure to pay, etc.). Once you determine these facts, you will have to clear each of them with the respective agency. The agency will present you with a letter of clearance that can be taken to the DMV for reinstatement. The DMV will also charge you a reinstatement fee. If none of the suspensions are alcohol or drug related offenses, the normal reinstatement fee is $25.00. The violations from TN may appear on your record and as a result they may also be used to continue your suspension. However, until you get the DMV to check, you will not know.

    As far as hiring an attorney, it is your option. Can an attorney help make the process easier, certainly. They will know who to talk with and how to handle the situation. It is a convenience factor, but more importantly, a certainty to make sure it gets handled correctly.

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