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Kevin Thomas Stewart

Kevin Stewart’s Answers

113 total

  • I was charged with felony emblezzment in mississippi i have one prior conviction of mis. Credit card fraud will i go to jail

    I was also arrested once But not charged in a fight with my child mother she was charged

    Kevin’s Answer

    The determination of whether you receive jail time is at the sole discretion of the judge. Nevertheless, embezzlement carries the potential of substantial jail time. Mississippi Code 97-23-19 outlines the punishment as follows:

    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.

    There may be alternative to serving jail time; however, you need to contact an attorney and further discuss the facts of your case.

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  • Can they charge you with poss. If your riding wirh someone and police finds something in there car?

    We were n a small truck. They found it on the seat between me and the driver

    Kevin’s Answer

    A law enforcement officer can charge almost anyone with any crime they desire; however, that does not necessarily mean you are guilty of the crime. Nevertheless, it places you in the position of defending yourself or suffer the consequences. It is not uncommon for a law enforcement officer to charge multiple individuals in a vehicle with possession of a controlled substance and let the court and the individuals charged to figure out who it belonged to.

    Typically, if you are operating the vehicle, you are responsible for the contents of the vehicle unless you can prove otherwise. The biggest issue with possession of a controlled substance in a motor vehicle is the consequences involved. Where as simple possession carries a maximum fine of $250.00, possession in a motor vehicle carries a maximum of $1,000.00 fine and six months in jail. With both charges, you will also face a six month license suspension.

    It sounds as if you need to speak with an attorney to further discuss the facts of your case and the options you may have.

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  • My husband was sentenced to 6 years with all suspended but 13 months,he has served 5 months in the county jail so far .

    He is a first time offender and is still waiting to be transferee to rankin county.can someone please tell me how much of this time will he have to serve

    Kevin’s Answer

    Based upon your question, there are too many unknowns at this time. However, based upon your statement, the most he will serve is 13 months. However, this time can be drastically reduced depending on the crime he was convicted and the status he is classified in the system.

    Some crimes require you to serve day for day, others will allow you to qualify for a 15% reduction of time, and yet others will allow you to be released after serving approximately 25% of the total non-suspended time.

    As previously pointed out, there are a number of different classifications which may help determine the required percentage of time to be served.

    Mississippi Department of Corrections
    MDOC has a website for you to review the different situations which may reduce the time required to serve. I would advise starting there and should you have any more questions, contact your husband’s attorney for clarification.

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

    I went to court and plead not guilty because I was not shoplifting ....Im working on getting a lawyer because they wouldn't show the video tape.

    Kevin’s 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.

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  • Can a person get a hardship license after a felony dui in Mississippi? If so, how long after suspension can i apply?

    I am currently on house arrest. I am a full time student, and I do know that a driver's license is suspended for five years following a third offense.

    Kevin’s Answer

    Short answer is no, you are not eligible for a hardship license except on a DUI 1st offense. The 5 year suspension can however be reduced provided you receive an in-depth diagnostic assessment, and if as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem, such person shall enter an alcohol and/or drug abuse program approved by the Department of Mental Health for treatment of such person's alcohol and/or drug abuse problem. If you complete the treatment, you will be eligible for reinstatement after 3 years.

    Mississippi Code Annotated 63-11-30 (2)(e) directly addresses your question:

    (e) Except as otherwise provided in subsection (3), any person convicted of a third or subsequent violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem, such person shall enter an alcohol and/or drug abuse program approved by the Department of Mental Health for treatment of such person's alcohol and/or drug abuse problem. If such person successfully completes such treatment, such person shall be eligible for reinstatement of his driving privileges after a period of three (3) years after such person's driver's license is suspended.

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  • Do I need a lawyer to file for a hardship license?

    1st DUI,need license to get to work.

    Kevin’s Answer

    The short answer is no, an attorney is not required in order to obtain a hardship license. However, unless the paperwork is filed correctly and has the required attachments, the process can be stalled rendering the hardship useless because the suspension time may elapse prior to getting everything in order. The hardship license is discussed in Mississippi Code 63-11-30 and reads as follows:

    The circuit court having jurisdiction in the county in which the conviction was had or the circuit court of the person's county of residence may reduce the suspension of driving privileges under Section 63-11-30(2)(a) if the denial of which would constitute a hardship on the offender, except that no court may issue such an order reducing the suspension of driving privileges under this subsection until thirty (30) days have elapsed from the effective date of the suspension. Hardships shall only apply to first offenses under Section 63-11-30(1), and shall not apply to second, third or subsequent convictions of any person violating subsection (1) of this section. A reduction of suspension on the basis of hardship shall not be available to any person who refused to submit to a chemical test upon the request of a law enforcement officer as provided in Section 63-11-5. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Fifty Dollars ($50.00), which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature. This fee shall be in addition to any other court costs or fees required for the filing of petitions.

    The petition filed under the provisions of this subsection shall contain the specific facts which the petitioner alleges to constitute a hardship and the driver's license number of the petitioner. A hearing may be held on any petition filed under this subsection only after ten (10) days' prior written notice to the Commissioner of Public Safety, or his designated agent, or the attorney designated to represent the state. At such hearing, the court may enter an order reducing the period of suspension.

    The order entered under the provisions of this subsection shall contain the specific grounds upon which hardship was determined, and shall order the petitioner to attend and complete an alcohol safety education program as provided in Section 63-11-32. A certified copy of such order shall be delivered to the Commissioner of Public Safety by the clerk of the court within five (5) days of the entry of the order. The certified copy of such order shall contain information which will identify the petitioner, including, but not limited to, the name, mailing address, street address, social security number and driver's license number of the petitioner.

    At any time following at least thirty (30) days of suspension for a first offense violation of this section, the court may grant the person hardship driving privileges upon written petition of the defendant, if it finds reasonable cause to believe that revocation would hinder the person's ability to:

    (i) Continue his employment;

    (ii) Continue attending school or an educational institution; or

    (iii) Obtain necessary medical care.

    Proof of the hardship shall be established by clear and convincing evidence which shall be supported by independent documentation.

    Should you need additional information or guidance, please feel free to contact our office.

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  • I was have a felony on my record, but did no jail time, just probation. Will it still show up if i am trying to get an apartmen.

    Will this still show up if I am trying to get an apartment in another state? I am moving to Tennessee and I need to get an apartment.

    Kevin’s Answer

    The mere fact that you did not serve jail time has nothing to do with your criminal record. If you were convicted of the felony charge and an appropriate background check is performed, it will likely show up. That being said, depending on the facts and circumstance of your particular case, it may be a charge that can be expunged. There are a lot of criteria that must be met; however, it you have the opportunity to expunge this off your record so you do not have to worry about it in the future, you may want to consider this option. You would most likely need to consult with an attorney to determine if you are eligible.

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  • Will I go to jail when I got a 2nd poss. Of Marj While on probation i already violated it by failing a drug test the same month

    I was arrested for 3 days for my first charge back in June. I had violation of probation and two contempt of court charges and they let me go today and put me on 90 more days of probation and suspended my license. I got court for the 2nd one Monda...

    Kevin’s Answer

    Simple possession of marijuana consequences are line out in Mississippi Code 41-29-139:

    (c) It is unlawful for any person knowingly or intentionally to possess any controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article. . . .

    Any person who violates this subsection with respect to:

    (2) Marihuana or synthetic cannabinoids in the following amounts shall be charged and sentenced as follows:

    (A) Thirty (30) grams or less by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00). . . . A second conviction under this section within two (2) years shall be punished by a fine of Two Hundred Fifty Dollars ($250.00) and not less than five (5) days nor more than sixty (60) days in the county jail and mandatory participation in a drug education program . . . unless the court enters a written finding that such drug education program is inappropriate. . . .

    Additionally, you may face potential jail time if there was anytime suspended for the first possession or for the contempt of court. Based upon your question, it seems as though the judge may have suspended some jail time and place you on probation instead of sending you to jail.

    Adding to the problem would be if you are appearing before the same court for the second charge as they will obviously know of the first occurrence.

    I think you may want to talk to an attorney prior to going to court if at all possible.

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  • What charges will i be facing for a first time MIP in the state of Mississippi? I have no prior's.

    I was caught by a police officer under age in a 21 and older bar. I had a beer in my hand but I was never carded at the door nor were there any posted signs that this was a 21 and older bar...does this work in my favor? Should I get a lawyer?

    Kevin’s Answer

    The crime and consequence for minor in possession are outlined in Mississippi Code Section 67-1-81: Prohibition of sales to minors; presentation of false documentation as to age; penalties

    (2) Any person under the age of twenty-one (21) years who purchases, receives, or has in his or her possession in any public place, any alcoholic beverages, shall be guilty of a misdemeanor and shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00). . . .

    (4) If a person under the age of twenty-one (21) years is convicted or enters a plea of guilty of purchasing, receiving or having in his or her possession in any public place any alcoholic beverages in violation of subsection (2) of this section, the trial judge, in lieu of the penalties otherwise provided under subsection (2) of this section, shall suspend the minor's driver's license by taking and keeping it in the custody of the court for a period of time not to exceed ninety (90) days. The judge so ordering the suspension shall enter upon his docket “DEFENDANT'S DRIVER'S LICENSE SUSPENDED FOR ... DAYS IN LIEU OF CONVICTION” and such action by the trial judge shall not constitute a conviction. During the period that the minor's driver's license is suspended, the trial judge shall suspend the imposition of any fines or penalties that may be imposed under subsection (2) of this section and may place the minor on probation subject to such conditions as the judge deems appropriate. If the minor violates any of the conditions of probation, then the trial judge shall return the driver's license to the minor and impose the fines, penalties or both, that he would have otherwise imposed, and such action shall constitute a conviction.

    I think it would be a good idea to discuss this matter with and attorney to explore the options that you may have.

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  • What is conspiricy to distrbute narcotics?

    What can i do to prove i was not involves?

    Kevin’s Answer

    Conspiracy is defined in Mississippi Code Section 97-1-1:

    (1) If two (2) or more persons conspire either:
    (a) To commit a crime; or
    (b) Falsely and maliciously to indict another for a crime, or to procure to be complained of or arrested for a crime; or
    (c) Falsely to institute or maintain an action or suit of any kind; or
    (d) To cheat and defraud another out of property by any means which are in themselves criminal, or which, if executed, would amount to a cheat, or to obtain money or any other property or thing by false pretense; or
    (e) To prevent another from exercising a lawful trade or calling, or doing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use of employment thereof; or
    (f) To commit any act injurious to the public health, to public morals, trade or commerce, or for the perversion or obstruction of justice, or of the due administration of the laws; or
    (g) To overthrow or violate the laws of this state through force, violence, threats, intimidation, or otherwise; or
    (h) To accomplish any unlawful purpose, or a lawful purpose by any unlawful means; such persons, and each of them, shall be guilty of a felony and upon conviction may be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than five (5) years, or by both.

    (3) Where the crime conspired to be committed is capital murder or murder as defined by law or is a violation of Section 41-29-139(b)(1), Section 41-29-139(c)(2)(D) or Section 41-29-313(1), being provisions of the Uniform Controlled Substances Law, the offense shall be punishable by a fine of not more than Five Hundred Thousand Dollars ($500,000.00) or by imprisonment for not more than twenty (20) years, or by both.

    You may want to contact an attorney to discuss your case in detail.

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