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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Mississippi on
Q: Stopped in MS, issued summons for marijuana possession; never had prior charges.

I was stopped by Hernando Police while driving northbound on I-55 just south of Star Landing. I was not informed why I was stopped, but the officer wanted to search my vehicle claiming he smelled a faint scent of marijuana. The vehicle, a 2024 Ford Explorer XLT rental with valid Florida plates, was... View More

James L. Arrasmith
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answered on May 14, 2025

Getting a summons for simple possession in Mississippi, especially as a first-time offender, usually does not lead to jail time, but it still needs to be taken seriously. Since you received a summons and not an arrest, this is a misdemeanor offense, and you will be required to appear in court. Even... View More

0 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Mississippi on
Q: Is it legal for police not to show the warrant at arrest?

When the police arrested my son, they claimed they had a warrant but never showed it to us. Is it legal for them not to present the warrant at the time of arrest?

0 Answers | Asked in Criminal Law, Civil Rights and Civil Litigation for Mississippi on
Q: Is a five-year sentence reasonable for resisting arrest after officers didn't show a warrant in Mississippi?

Two officers entered my home to arrest my daughter for a missed court date related to past fines. They did not show a warrant. During the arrest, one officer hurt my daughter's wrist while putting on handcuffs, and she instinctively resisted by holding onto the officer. This prompted the... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: Plead guilty, but disorderly conduct unexplained. What to do?

My husband was arrested and went to court, where he plead guilty to several charges, including no tag, no insurance, no seatbelt, improper headlight, and a bench warrant, but not to disorderly conduct. The initial no ID charge was dropped because he possesses an ID but did not have it with him at... View More

0 Answers | Asked in Criminal Law and Domestic Violence for Mississippi on
Q: What to expect in court for first-time disorderly conduct charge?

I was charged with disorderly conduct after an altercation with my boyfriend. The police gave me a warning, and then took me into custody when I went back to retrieve items my boyfriend had taken from me. I have no previous criminal history. What can I expect to hear from the judge in court... View More

0 Answers | Asked in Domestic Violence and Criminal Law for Mississippi on
Q: Can I drop DV and robbery charges against my boyfriend in Mississippi?

I filed charges of domestic violence and strong arm robbery against my boyfriend and his sister in Mississippi. He also has other felony charges pending. I am considering sending an affidavit to drop the charges against my boyfriend. I would like to know how this process works and what implications... View More

0 Answers | Asked in Civil Rights, Landlord - Tenant, Criminal Law and Real Estate Law for Mississippi on
Q: How to pursue perjury charges after an eviction hearing in Mississippi?

How can I proceed to get the District Attorney's Office to investigate perjury in my eviction hearing in Mississippi? I submitted charge papers at the Sheriff’s office, detailing proof that the Executive Director lied under oath during the hearing. The District Attorney's office stated... View More

0 Answers | Asked in Criminal Law for Mississippi on
Q: Charged with multiple counts of selling and possessing Schedule I/II substances in MS, no priors. Potential sentence and lawyer assistance?

In Jackson County, MS, I was charged with four counts related to selling and bartering Schedule I or II substances, and one count of possession. The amount involved was between 1/10 grams to 2 grams or 2 to 10 dosage units. I have no prior offenses, and I was caught with the substance on me. How... View More

0 Answers | Asked in Civil Litigation, Criminal Law, Libel & Slander and Personal Injury for Mississippi on
Q: Steps to bring perjury charges after a lie under oath in civil hearing.

I am involved in a case in Mississippi that started as a civil hearing. During the proceedings, an individual lied under oath. I am now interested in understanding the steps required to bring criminal charges for perjury and seek compensation as a result of this false testimony. Can you please... View More

1 Answer | Asked in DUI / DWI, Civil Rights and Criminal Law for Mississippi on
Q: Is sitting in a vehicle under marijuana influence considered a DUI in MS?

I am inquiring about an incident involving someone else in Mississippi. The individual was in a stationary vehicle parked on a public street in a subdivision in front of a relative's house, under the influence of marijuana. They were in the driver's seat with the keys in the ignition but... View More

James L. Arrasmith
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answered on Apr 12, 2025

Mississippi DUI Elements Analysis

Under Mississippi Code § 63-11-30, being in "actual physical control" of a vehicle while impaired constitutes a DUI offense, even without driving. Mississippi courts have consistently interpreted actual physical control to include situations...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Mississippi on
Q: Does an incorrect vehicle year on a ticket invalidate it?

I received a ticket for driving with a suspended license and no insurance on 4/11/25. The officer also recorded my truck, a 2014 F150, as a 2025 model. I've had previous offenses for driving with a suspended license. Does the incorrect vehicle year on the ticket invalidate it?

James L. Arrasmith
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answered on Apr 12, 2025

In Mississippi, a minor error on a traffic ticket, such as an incorrect vehicle year, doesn't automatically invalidate the citation. Courts typically view such mistakes as clerical errors unless they significantly affect the case. For instance, if the vehicle year discrepancy leads to... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Mississippi on
Q: Charged with possession of open container as passenger, not intoxicated.

I was charged with possession of an open container in Mize, MS, while I was a passenger during a traffic stop. I was not intoxicated, and the driver received the same charge. We both passed all sobriety tests. I have a court date on April 10, 2025. What should I expect, and how should I prepare for... View More

James L. Arrasmith
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answered on Apr 12, 2025

Being charged with possession of an open container in Mississippi, even as a passenger, means that you could face fines or other penalties if convicted. In Mississippi, the law prohibits the possession of open containers of alcohol in vehicles, and this applies to both drivers and passengers. Since... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Mississippi on
Q: is there any way to fight these charges

Can someone be pulled over for a non-functioning tag light and then placed in handcuffs before being informed via radio that their license is suspended? They are then taken to jail, and upon release, they face charges of driving with a suspended license, improper equipment (brakes), and disorderly... View More

James L. Arrasmith
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answered on Apr 12, 2025

It seems like there are a lot of inconsistencies in the situation, and it’s understandable that you want to challenge these charges. **First, regarding the tag light issue**, it’s possible that the officer initially stopped you for that, but during the interaction, they may have noticed... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Mississippi on
Q: How is this possible?

Can someone be pulled over for a no tag light and then put in handcuffs. THEN asked by officer after getting word on radio that license was suspended. Then taken to jail. After release from jail the charges for this person were driving with suspended license (statute 63-1-57 m) improper equiptment... View More

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answered on Apr 12, 2025

This situation sounds confusing and frustrating, especially with the charges not matching the original reason for the stop. The officer may have initially pulled you over for the **tag light issue**, but during the interaction, they might have noticed other potential issues, such as the **brake... View More

2 Answers | Asked in Criminal Law for Mississippi on
Q: What are misdemeanors, their legal consequences, and impacts?

I am interested in learning about misdemeanors. Specifically, I would like to understand what constitutes a misdemeanor, the potential legal consequences, and how they might impact my personal and professional life. Any guidance on resources or steps to take to educate myself further would be... View More

Giulia McQuirter
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answered on Apr 4, 2025

A misdemeanor is any crime that carries less than or up to one year of jail time.

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1 Answer | Asked in Criminal Law for Mississippi on
Q: Seeking criminal defense lawyer for sons facing serious charges.

I need legal assistance for my two sons who are facing serious criminal charges related to the St. Paddy's Day parade shooting in 2025. They are charged with first-degree murder and six counts of aggravated assault. Bond was denied for both of them, and although a public defender was present,... View More

James L. Arrasmith
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answered on Apr 12, 2025

Given the seriousness of the charges your sons are facing, it’s crucial to secure legal representation as soon as possible. Start by researching experienced criminal defense attorneys in your area who have handled cases involving first-degree murder and aggravated assault. You may also want to... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Penalties for felony firearm possession during probation in MS

I am on probation in Mississippi and was found in possession of one firearm. I have prior convictions, including past charges related to firearms. What penalties am I facing for felony possession of a firearm during probation?

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answered on Apr 12, 2025

Serious Legal Consequences for Firearm Possession in Mississippi

Your situation is extremely serious, as possessing a firearm while on probation in Mississippi violates both your probation conditions and state law. Under Mississippi Code § 97-37-5, it's illegal for any person with a...
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1 Answer | Asked in Criminal Law for Mississippi on
Q: How do I get off Sor?

I plead guilty to 3 counts of child endangerment 20 years ago in MO. I transferred my probation to MS and was required to register as a condition of probation and then would be taken off sor. Its been 20 years and it remains on MS registry

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answered on Apr 12, 2025

Florida law specifically addresses this situation through Chapter 717 of the Florida Statutes, which states that "a claim for unclaimed property made by a beneficiary of a deceased owner need not be accompanied by an order of a probate court if the claimant files with the department an... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: Why hasn't someone been arrested after my complaint in MS?

I filed a complaint in January against someone for assault and trespassing but they haven't been arrested yet. I have video evidence and I've contacted the courthouse and the constable several times but haven't received any information or reasons for the delay. What can I do to... View More

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answered on Apr 13, 2025

Based on Mississippi criminal procedure, several factors could explain why no arrest has followed your January complaint despite having video evidence. In Mississippi, filing a complaint initiates the criminal process, but law enforcement agencies and prosecutors have discretion in determining when... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Mississippi on
Q: Can charges be dismissed if the traffic stop for a dim headlight was illegal?

I was stopped in Mississippi for having one of my four headlights out. During the stop, the officer conducted a search and found a gram of meth in the door handle, leading to a possession charge. This is the only charge, but I am currently on probation, which could lead to imprisonment. I believe... View More

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answered on Apr 13, 2025

Based on Mississippi traffic law and Fourth Amendment jurisprudence, your situation presents a potential legal defense through a suppression motion. Under Mississippi law (Miss. Code Ann. § 63-7-11), vehicles are required to have operational headlights, but the statute specifies the requirement... View More

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