Mississippi Criminal Defense Legal Questions

I, unfortunately, cannot answer your question since I am not licensed to practice law in Mississippi and do not know Mississippi law. I am only licensed to practice law in Florida.  I can tell you that in Florida, the mere signed statement (even if it is under oath and given in court) would not be sufficient, in and of itself, to undo a conviction.  It is a much more involved process -- and, generally, would require [a] motion/s and hearing if it were a Florida case.  Even then there would not be any assurance of succeeding.  Again, that may not be the same in Mississippi.  Most likely a Mississippi attorney who practices criminal law give you an answer. Nonetheless, I wanted to respond to your inquiry to let you know there is a national group known as the "Innocence Project."  It works on cases in which defendants have been wrongfully convicted.  However, I believe most (and maybe all) of its cases involve DNA issues.  You can get information on the "Innocence Project" by going on-line and typing "Innocence Project."  Even if it is not in a position to help you, someone with Innocence Project may be able to point you in the right direction for trying to get help.    ... Read More

He would have to tell an attorney what the undisputed facts were that would do so. The closest he comes is that none were found on him. But, if he is charged with conspiracy with the group, that is not a great defense. Think TV shows, where a drug gang gets caught in a transaction. Everybody gets arrested, not just the one holding the drugs or money. Besides, he has a prior, demonstrating to the prosecutor his tendency to drug crimes. You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case. When questioned, threatened, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, contact an attorney.... Read More

You provided insufficient info to answer. Records are never wiped. Can't use a gun implies you have a lifetime firearms ban because of felony conviction. Or it could be a 5-10 year ban on some misdemeanor convictions or restraining orders. While the general rule is Records are forever, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does not wipe, clear , 'remove', erase or disappear the conviction, but does change the record to show an arrest with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement does not restore firearm rights lost because of conviction. Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may legally deny that you were arrested or convicted of the offense. If you're serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.... Read More

I'm unsure just what you are asking. A person arrested in one state on charges exclusively from another state is entitled to an extradition hearing before the state with custody, in your case Mississippi, will allow the other state to pick up the suspect. The extradition hearing can be waived. If the hearing is waived, the subject should be picked up within days. If not, it will take a while longer, but shouldn't be more than a couple of weeks. If someone is being held in Mississippi in another state for a long period of time, it is likely there are other local charges pending. If not, a habeas corpus action may need to be filed to possibly get the person released. I highly suggest consulting with an attorney specifically on your case.... Read More

Yes, a juvenile can be questioned without the parents consent or presence. However, there may be an issue as to whether the juvenile understood how serious the questioning was, and if not would he/she have answered such questions. The answers, if incriminating, may be suppressed if the juvenile was coerced by the police presence. Consult directly with a lawyer for the best answer specific to your case.... Read More

Six months drivers license suspension is mandatory for any conviction for drugs or paraphrenalia. She may be eligible to obtain a hardship license and get the charges expunged. THe hardship an attorney could assist in the preparation of immediately, the expungement after she completes her probation and substance program.... Read More

If the weapon fits the definition of a machine gun under South Carolina Statute 16-23-210 you face fines up to $10,000 and a prison sentence of up to 10 years. If the automatic weapon was used to otherwise commit another felony (assault, robbery etc) conviction can add additional prison sentence tacked on to the sentence you receive for the underlying felony.... Read More