Claimed Lawyer ProfileQ&A
- Business Law
- Criminal Law
- DUI & DWI
- Family Law
- Military Law
Additional Practice Area
- General Civil
Jurisdictions Admitted to Practice
- University of Mississippi
- J.D. | Law
- Honors: William T. Wynn Scholarship
- Activities: Moot Court Board, Chairman Journal of National Security Law, Staff Member
- University of Mississippi
- B.B.A. | Finance
- Honors: Phi Kappa Phi, Omicron Delta Kappa, Lambda Sigma, Phi Eta Sigma
- Activities: Army ROTC (Distinguished Military Graduate)
- Mississippi State Bar
10 Questions Answered
- Q. Is a conviction under MS.code 41-29-139 Sec B eligable for expungement after 5 yrs?
- A: Mississippi Code Section 99-19-71(2)(a) provides as follows: "Any person who has been convicted of one of the following felonies may petition the court in which the conviction was had for an order to expunge one (1) conviction from all public records five (5) years after the successful completion of all terms and conditions of the sentence for the conviction:...possession of a controlled substance or paraphernalia under Section 41-29-139(c) ... A person is eligible for only one (1) felony expunction under this section." The general section that you provided does fall within this code section providing for expungement. However, there were recently amendments to Section 41-29-139. An experienced criminal defense attorney could be very helpful in providing the best possible outcome in your situation.
- Q. Is anyone working on the military's Mandatory Supervised Release program?
- A: To provide any assistance in this area, you would have to provide more information. I am assuming that you were incarcerated by the Army. If that is the case, your MSR should be handled through the Army Review Boards Agency (http://arba.army.pentagon.mil/index.cfm). An attorney answering this question would really benefit from talking to you in detail about your situation. For example, were you on MSR / parole, and it was revoked for some violation? When were you sentenced and what was the length of your sentence? What was your original MSR date? What was your original parole eligibility date. These are just a few of the questions that you should be prepared to answer. I recommend that you seek the advice of an experienced military attorney, and most likely someone who has experience as a Judge Advocate.
- Q. How many days is the maximum stay in Mississippi before the guest can be consider as a resident?
- A: There is no maximum or minimum number of days that a guest (person) can stay in Mississippi to be considered a resident. Residency is defined by various Mississippi statutes for different purposes. For example, there are tax statutes that define residency requirements for tax purposes, election statutes that define how long a candidate must live in the state to be a resident for the purpose of running for elected office, and various other residency statutes. The Mississippi Supreme Court has stated "The defining characteristics of a resident are (1) presence and (2) intent to remain for some time. Johnson v. Preferred Risk Auto. Ins. Co., 659 So.2d 866, 872 (Miss. 1995). The word "resident" means one having more than physical presence. The transient visit of a person for a time to a place does not make him or her a resident while there." It is unlikely that a person staying as anyone's guest in Mississippi (that is, just visiting) would be able to meet any of the residency requirements; however, if the person were staying with someone in Mississippi, and has the intent to stay or "reside" in Mississippi, the residency requirements could be met, regardless of the number of days. It is a fact specific determination, so you should consult an attorney to help you analyze the specific facts of your situation.
- Q. Does a Trial Counsler have to review personnel files(counselings, evaulations,etc)an investigator before a court martial
- A: There are a few words and phrases that you use that really need defining to provide you with the best answer to this question, but I'll give you my opinion, based upon what is asked here. As with all of the answers provided here, this answer does not constitute legal advice, and you should always consult an attorney to review the specific facts of your situation in order to protect your rights. By "subject", I am assuming that you mean someone who is a suspect in a criminal investigation; by "processed by that investigator", I am assuming that you mean that the suspect was interviewed by the investigator. A Trial Counsel (military prosecuting attorney) does not HAVE to review the personnel file prior to the court-martial, but if the suspect is the person who is charged in the court-martial, the Trial Counsel, and the suspect's Defense Counsel (TDS Attorney and/or Civilian Defense Attorney) will almost certainly look at the personnel file. While it is possible that this file could be relevant to the charges, it is certainly relevant to sentencing issues that will arise during sentencing phase of the court-martial.
- Q. Can anyone tell me what embezzlement, property borrowed or hired means?
- A: You are referring to Mississippi Criminal Statute Section 97-23-27, which states, "The fraudulent appropriation of certain specific property by one to whom it has been delivered on a contract or loan for use, or of letting and hiring, after the time at which, according to the contract, the right of use acquired thereby has ceased, or before that time by a disposition not authorized by the contract, shall be an offense within the meaning of Section 97-23-25 and shall be punished as therein prescribed." Section 97-23-25 is another Mississippi statute, which provides for punishment as follows, "he shall be punished by imprisonment in the penitentiary not more than ten years, or be fined not more than one thousand dollars and imprisoned in the county jail not more than one year, or either." Therefore, violation of Section 97-23-25 would be a felony under Mississippi law. There are probably a variety of cases that a prosecutor could use this statute to charge. The one that comes to mind would be if someone rents a car or a moving truck and does not return it, this statute may be used to charge the person renting the vehicle.
- Q. What exactly does dishonorably discharged mean ?
- A: Like many terms that you may find in dealing with the law, "dishonorable discharge" has a very specific meaning for attorneys who practice military law, and another meaning that is applied by the general public. The legal or technical definition of dishonorable discharge ("DD")is found under Rule for Court Martial (R.C.M.) 1003 (8)(B), which is titled "Punishments". Under this rule, a DD only applies to enlisted members of the Armed Forces or warrant officers who have not been commissioned. (Note that commissioned officers or warrant officers are "dismissed"). Also, it can only be imposed by a General Court-Martial, and "should be reserved for those who should be separated under conditions of dishonor, after having been convicted of offenses usually recognized in civilian jurisdictions as felonies, or of offenses of a military nature requiring severe punishment...." As a practical matter, many consider a "dishonorable discharge" to be anything less than an "honorable discharge". In addition to the types of discharge that can be imposed by a court-martial, servicemembers who are separated from service administratively may receive characterizations of service such as "general discharge" or "other than honorable". If it is a very short period of service, there may even be "uncharacterized". Any of these types of discharge will be found on the service member's Department of Defense Form 214 ("DD-214").
- Q. Is a Traffic Ticket Invalid if the officer doesn't sign it?
- A: Subsection c of Mississippi Code 63-9-21. Uniform Traffic Ticket Law reads as follows: "Every traffic ticket shall show, among other necessary information, the name of the issuing officer, the name of the court in which the cause is to be heard, and the date and time such person is to appear to answer the charge. The ticket shall include information which will constitute a complaint charging the offense for which the ticket was issued, and when duly sworn to and filed with a court of competent jurisdiction, prosecution may proceed thereunder." The officer may not have signed the copy that was provided to you. However, the copy that is filed with the clerk of court probably will be signed, and under the statute, the prosecutor would be able to proceed. Depending on the offense charged, and the other facts of your specific case, there may be other defenses available to you.
- Q. What is my relief? Judge has had case 4 months. prisoner jailed without proper hearing. How long does he have?
- A: Regardless of whether you are in state or federal court, there are Constitutional and statutory rights to a "speedy trial". You assert your right to a speedy trial in writing by filing a motion with the court. If you are represented by an attorney, your attorney can handle this filing.
- Q. How to dissolve an LLC when partner won't agree to anything?
- A: How the LLC will be dissolved will depend on what the certificate of formation, organizational documents, or organizational agreement says. If a date of dissolution is not indicated in the certificate of formation, and there are no organizational documents that provide for how the LLC will be dissolved, you may have to petition the Chancery Court in the county in which your principal office is located. You will essentially be filing a lawsuit to ask the Chancery Judge to direct the signing of the necessary certificate, and any other relief necessary to cause the dissolution.
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