My son was told by the officer to get in his truck & drive home. He said "I can't drive, I've been drinking." So he walked away and call dispatch. He was trying to file charges against another man in the bar who hit him. My son didn't know the m...
"If the officer doesn't show up for court will the judge throw out public drunk charge?"
Not necessarily. Most (not all, but most) municipal and justice court judges in Mississippi will grant at least one continuance to the prosecution if an officer of the law does not appear to testify at the first trial setting.
"Doesn't the fact that he told my son to drive himself home show he shouldn't be charged with public drunk?"
This is potentially helpful if proven and if believed by the municipal or justice court judge.
Your son's wisest option will be to consult with and hire a criminal defense lawyer to represent him in court.See question
Conviction was 6 years ago.
Most likely, yes. Contact an attorney to handle this. Good luck.See question
My daughter was issued a ticket for running a stop sign which was not there. We then drove back to the location to ensure that there was no stop sign. We even looked around to see if the sign had fallen or something. We then took pictures for evid...
Based on these facts, there no grounds for civil action. Further, State and Local government enjoy wide ranging immunity from civil lawsuits. The Mississippi Torts Claim Act (MTCA) is a big reason why.
It seems as though your daughter was convicted by either a Justice or a Municipal Court Judge, in a bench trial. The judge is considered the "finder of fact and of law" in such a trial and therefore determines the credibility, sufficiency, and weight of witnesses and of evidence. It is extremely difficult for a defendant (a person charged with misdemeanor offenses) to win in a trial in one of these courts without the benefit of an attorney to assist. The charge in this case - "disregard for a traffic device" - is one that most attorneys won't handle anyway because very, very few people are willing to pay the attorney's fee to go in to court and defend only a single traffic offense allegation. If it is combined with other serious traffic violations, such as a DUI charge, then it is worth it to the accused as well as the attorney to justify representation in such instances.
Finally, if this conviction occurred within 30 days, then your daughter has a right to appeal the conviction and sentence to the County Court - or, if in a county without a County Court, then Circuit Court. She would need to contact the court clerk's office to determine the appeal bond and cost bond amounts and then take it from there.See question
I was arrested June 2 2016 and passed 2 indictments have to go back to court march 27.
For many offenses in Mississippi, there is no "statute of limitations" and for those offenses with a statute of limitations, it is often deemed to be tolled by the filing of an affidavit or arrest warrant.
If your case is in Scott County, it is not at all unusual for the Circuit Court to "cycle through" many months prior to a person attending court and then being served with his/her Indictment(s). I have "been there and done that" many times, and I have also successfully negotiated with the District Attorney's Office to keep a few people from even getting indicted for felony crimes.
If you do not already have a criminal defense lawyer, then please consult with one as soon as possible. I have much experience in Scott County and the surrounding counties, and I know that the District Attorney's Office and the Circuit Court Judges have a real "hardball" reputation. But, the sooner that you have a lawyer working on your case, the better the chances of successful results. Most of us offer free consultations.See question
My roomate let the cops search our rent house after they ask, there were 6 ppl in the house at the time. She had a meth pipe and a bag found beside her but I was the only one that was charged after 6 needles were found and what can I expect to ha...
To supplement what the other attorneys have already stated, the driver's license suspension is mandatory under the Mississippi Code.See question
Hi. I was recently accused of shoplifting by an employee at my local mall. She called the police but I left the mall before they arrived. The police detained my friend who was also in the mall and she gave them my name and place of employment. She...
Shoplifting is a serious offense. You likely have, or will have, a warrant for your arrest, based on the description of facts that you provided. Please refrain from volunteering any further information on the internet and contact a criminal defense attorney as soon as possible. Most of us will offer a free initial consultation.See question
When check at a roadblock I was found with paraphernalia, residue of crystal methamphetamine ,and was given also a DWI and my license were suspended. I spent one night in jail and had to bond out for $450 the next morning
You should hire an attorney and likely plead "not guilty" at or before the arraignment date!See question
I'm in the military but a few years ago I was with friends and we had been doing some light drinking but I failed the alcohol breathalizer but I am trying to go active duty and i need this off my record before i can, what are my options?
Not this soon (3 years), unfortunately. However, depending on the facts and whether you meet the eligibility criteria of the only "expungement" statute for DUI convictions here in Mississippi, you may be eligible if you hire an attorney to prepare and file a petition to expunge in the Circuit Court of the county where the conviction occurred. Five (5) years after completion of all court imposed sentence terms. Consult with an attorney about this. Good luck!See question
I was issued a citation for weed under thirty grams. I was not arrested n I was in my car this is my first offense for anything. Will my license be suspended? Will I face jail time.Could a attorney get my charges wiped completely for a low cost?
This charge is more serious than most people give it credit for, and your questions are good ones. First, if you plead guilty or are found guilty, there is a mandatory 6 month drivers license suspension by the Mississippi Department of Public Safety. Additionally, there is a mandatory fine and court assessments, as well. Standard alcohol/drug testing and counseling, as well as misdemeanor probation, are also likely ahead for many who end up convicted of such a charge. Depending on your job, whether you are in school, military, etc., there are various "collateral consequences" associated with this type of charge. These are consequences that are not directly tied to the power that the court and the State have in punishing you. Rather, they are related to the policies and negative stigmas that most employers and institutions have about people with criminal records.
As you have wisely noted in your question, your absolute best option will be to contact a local criminal defense attorney, consult with him/her (most first consultations are free) and then hire him/her, or whoever you feel most comfortable with. The criminal justice system is designed with many complications and it is set up in ways to be disadvantageous to those who don't have attorneys. Good luck!See question
My lil brother was at this lil gathering after MSU game when an altercation happened and this one guy was drunk throwing money everywhere....the guy got into with mulitple ppl bevause he was under the influence so my brothee and other ppl picked u...
First, a person accused of robbery doesn't have to "literally touch" a victim. In most cases, I would say, the armed robbery suspect never touches the victim. Second, a person may be accused, formally charged, and prosecuted if the police have evidence of the person "acting in concert" with one or more other suspects who are more directly involved in the allegation. Your brother needs a criminal defense attorney now!See question