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Kevin Thomas Stewart

Kevin Stewart’s Answers

109 total


  • What Will most likely happen?

    I got a ticket for possession of cannabis. I only had a roach. I went to court, and the judge gave me 6 months misdemeanor probation. I violated probation in October. I was arrested in December for a felony charge. I stayed in jail for 6 months, a...

    Kevin’s Answer

    As previously noted, the consequences are in the judges discretion. It is likely the judge ordered you to serve jail time when you originally went to court for the misdemeanor possession charge but suspended the time. If that is the case, the judge may require you to serve the suspended time. The amount of jail time is dependent on the original charge. A simple possession of marijuana, first offense with less than 30 grams does not carry any jail time. However a 2nd offenses carries up to 60 days and a 3rd or subsequent offense carries up to 6 months. Further, if it was possession in a motor vehicle, any offense can carry up to 6 months.

    On the other hand, you may be facing a contempt of court charge that carries the potential of 6 months in jail.

    As far as the felony, you need to be concerned about the potential of a revocation. If the court revokes you based upon the misdemeanor, you face the potential of serving the remaining 5 years on the felony charge.

    There are a lot of unknown factors based upon your question and you need to further discuss this matter with a qualified attorney.

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  • Do I need a lawyer

    I got arrested for felony embezzelment and misdemenor possesion of heroin and bailed out and went to a drug and alchol treatment center in california werer ive been for 6 months. Ive been in active addiction for the past two years and decided to g...

    Kevin’s Answer

    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. The felony charge may have already been presented to a grand jury and they have an indictment waiting for you. You need to contact a local attorney to see where these cases are in the legal process.

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  • How do i go about getting a misdemeanor expunged?

    it was a poss, i have paid my fine and did my probation

    Kevin’s Answer

    There are numerous statues concerning expungments. Those statues outline what offenses are eligible for expungement and adjudications can be expunged. You would need to petition the appropriate court for expungement which needs to outline the statutory authority as well as numerous factual details such as arrest date, adjudication date, etc. You will also need to provide an order for expungement should the court not require a hearing, which may be at the court’s discretion. The order would outline what records need to be expunged as well as what agencies should expunge them. The biggest problem with expunging records is if you do not complete the appropriate paperwork and complete it accurately, it is just a waste of time as the Mississippi Criminal Information Center will not expunge if there are in conflicts in your paperwork compared to their records. Therefore, it is imperative you contact an attorney to assist you in this matter.

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  • If Supreme Court overturned a Mississippi case in November 2012, what are some reasons the inmate would be still incarcerated?

    Is there a website that I can visit to read more about Mississippi's overturned cases.

    Kevin’s Answer

    The best place to review decisions made by the Mississippi Supreme Court is to visit their website:

    http://courts.ms.gov/appellate_courts/sc/scdecisions.html

    Focus your attention on the ruling of the court, which is usually at the very end of the majority opinion. It will let you know the final conclusion of the court as per outlined in the previous answers.

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  • Should i hire a lawyer after missing my probation report date?

    i have done 2.5 years of my 3year probation time and i missed last months report date and payment. This is the only time is have failed to report. I called to tell my probation officer that i would not be able to come due to having a miscarraige l...

    Kevin’s Answer

    There should be some form of reasonableness when taking into consideration why someone misses reporting for probation. There are differences between reasons and excuses. That being said, the probation officer most likely has the right to violate you for missing payment and an appointment. I am sure both are conditions of your probation. You need to immediately meet with your probation officer to rectify the situation and pay any money that is past due. If your probation officer does violate your probation, I would tell you to speak to an attorney before you go to court. You have a right to be represented by counsel at that hearing in an attempt to avoid being placed back into custody.

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  • Can my husband get a bond?

    he is a convicted felon and arrested for being around a gun and a small amount methanfedamenes. Affidavits signed proving they were there before he was there.

    Kevin’s Answer

    • Selected as best answer

    Bond is covered by Article 3, Section 29 of the Mississippi Constitution of 1890, as amended, “excessive bail shall not be required, and all persons shall, before conviction, be bailable by sufficient sureties. . . . In the case of offenses punishable by imprisonment for a maximum of twenty (20) years or more . . ., a county or circuit court judge may deny bail for such offenses when the proof is evident or the presumption great upon making a determination that the release of the person or persons arrested for such offense would constitute a special danger to any other person or to the community or that no condition or combination of conditions will reasonably assure the appearance of the person as required.”

    To determine how much the bond should be, the Mississippi Supreme Court outlined the following factors: (1) the length of his residence in the community; (2) his employment status and history and his financial condition; (3) his family ties and relationships; (4) his reputation, character and mental condition; (5) his prior criminal record, including any record of prior release on recognizance or on bail; (6) the identity of responsible members of the community who would vouch for defendant's reliability; (7) the nature of the offense charged and the apparent probability of conviction and the likely sentence, insofar as these factors are relevant to the risk of non-appearance; and (8) any other factors indicating the defendant's ties to the community or bearing on the risk of willful failure to appear.

    You need to contact an attorney to being working on these issues.

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  • Can a person that had a conviction over 10 years ago and now has another charge be eligible for house arrest?

    He is charged with false pretense and serving three years, but he only has to serve 25% of the time. His lawyer told him that he should be eligible for house arrest but when I spoke to the MDOC, I was told that since he had a prior conviction (ove...

    Kevin’s Answer

    The typical answer that MDOC provides concerning the intensive supervision program, commonly referred to as house arrest, is the individual is not eligible if they have been previously convicted of a felony. However, some courts are willing to allow outside companies to administer a house arrest program. They have different qualifications and it may be in option in your case. You would need to contact an attorney and further discuss the facts of this case.

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  • I file charge on a person who been harasses me i went to court on this matter and the judge found her guilty

    the next day i got a letter in the mail telling me i had to go to court again and i did her layer and the judge didn't want to see what i had to prove she was calling me this person call me so many time till i started getting depress and now i'm ...

    Kevin’s Answer

    If you feel aggrieved by the decision of the justice / municipal court, you have thirty days to appeal the courts ruling to a superior court. This may be the county court or the circuit court, depending on the county with original jurisdiction. Therefore, if you feel there should have been a different outcome, you may want to consider your options.

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  • I file telephone harassment i went to court on march 16 she was found guilty but the next day i got a letter i got court

    i went to court on the same thing her lawyer told the judge what to do and the district attorney did nothing but sit he say not one word

    Kevin’s Answer

    If you feel aggrieved by the decision of the justice / municipal court, you have thirty days to appeal the courts ruling to a superior court. This may be the county court or the circuit court, depending on the county with original jurisdiction. Therefore, if you feel there should have been a different outcome, you may want to consider your options.

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  • Im only 16 in i was charged with Aggravated assault , Will I go to jail

    I was at school doing a project and a boy came behind me n tried to force my head to turn around . He let me go and he pushed me , I had a quick reflex and I stabbed him with scissors !

    Kevin’s Answer

    If you are charged as an adult, you face serious penalties. Aggravated assault is outlined by Mississippi Code Annotated § 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.

    Therefore, you face up to 1 year in the county jail or up to 20 years in the custody of the Mississippi Department of Corrections.

    Because of your age, it potentially could be resolved in youth court; however, it is highly unlikely considering the nature of the charge. I would recommend you speaking with an attorney as soon as possible. There may be some options; however, you need someone working on your behalf. You do not want to be a convicted felon at the age of 16.

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