Mississippi Criminal Defense Legal Questions

Are they for civil infractions or for misdemeanor. Speeding etc are civil infractions. If you do not take care of them your license gets suspended. OWI, reckless driving etc are misdemeanors and may cause you problems in going.? Either way you should take care of the matters first before going.... Read More

They cannot refuse him an appeal just because he has no money to pay for the appeal.? He has a right under both the federal and state constitutions for an appeal and if he cannot afford an attorney, then the Mississippi has to provide one for him. This is particularly true if he had an attorney appointed for him at the trial level.... Read More

Your attorney got the matter resolved, but it still required you to pay certain fine amount. By failing to do so a warrant was issued for non compliance. Since it is traffic related it could result in the suspension of your license. If I were you, I would call the attorney who helped you. Chances are, if you get the fines paid, and whatever else is required, the judge will be happy. With this type of warrant, it is doubtful that they will actively search for you, but if you are stopped by an officer, and he finds the warrant, yes, you will be arrested..... Read More

You always have the option of pleading guilty to the offense and avoiding the necessity of the prosecution having to put on a trial to prove you committed the crime. The punishment you will receive upon the entry of your guilty plea will be left to the judge's discretion. It will normally include a fine and court costs, as well as jail time (which may be suspended) and some kind of probationary period.... Read More

Your son's alleged offense is very minor. In many jurisdictions, offenses involving under an ounce of marijuana are  punishable only by a small fine. If criminal charges are brought, most jurisdictions allow some form of pre-trial diversion for such a small amount of marijuana, so that the individual does not sustain a permanent criminal record. The police may be promising your son that they won't submit the case to the prosecutor's office if he sets up other people. They may or may not keep their word. Any promise should be in writing.  Keep in mind that once police submit a case to the prosecutor for filing of criminal charges, they no longer call the shots. Only a prosecutor, not the police, can offer a binding plea bargain. In my view, there  is no good reason to allow your son to be bullied by the police into setting up other people for such minor misconduct on his part. If he declines the police offer to avoid being charged in exchange for setting up others, the police will send the case to the prosecutor. Once it is filed, and your son makes his first appearance in court, the prosecutor will be available to discuss pre-trial diversion and other dispositions. Your best bet in my opinion is for your son to retain a criminal defense lawyer now. He or she can communicate with the police on your son's behalf  and ask that their offer be put in writing and clearly spell out both your son's obligations and the benefit he is to receive.  If your son's attorney advises against the offer, and your son agrees, he or she can communicate the rejection to the police and  request a voluntary surrender if charges are filed (to avoid an arrest.)  In addition, once knowing your son is represented by counsel, the police should not contact him directly, but go through his attorney.   This is important because any statement your son makes to the police can be used against him. If communications go through an attorney, that problem is avoided. Also, while  it's unlikely prosecutors will speak with you or your son directly before charges are filed, an experienced attorney can get their attention. In addition to reiterating an offer to surrender in lieu of arrest, he or she may also be able to negotiate a pre-trial diversion agreement with the prosecutor now . Don't forget that your son may have a legal defense to the anticipated charge. An attorney is in a far better position than the police to objectively evaluate the facts of your son's case. Even pre-trial diversion has consequences, and there is no reason to jump into such an agreement before having an experienced attorney view the police reports, obtain your son's version of events and then advise your son of  potential defenses and their likelihood of success. Jeralyn Merritt, Esq., Ask a Lawyer Panelist since 1998... Read More