War Stories - Mississippi DUI Second Offense Charges Reduced
May 24, 2008 | Leave a Comment
Last week we represented a client from out-of-state who was arrested and charged with DUI second offense in Tunica County and possession of Marijuana in a motor vehicle. This client retained our law firm less than 16 hours before his trial date. Although we normally do not accept DUI cases under such time constraints we chose to to take his case.
He had been pulled over by the Tunica County Sheriff’’s office and had failed the breathalyzer test after being pulled over for weaving. The charge for DUI second offense in Mississippi comes with an automatic 5 day jail term and would have cost this client his job.
We where able to have the possession charges dismissed because of lack of evidence and the DUI charge reduced to 1st offense DUI because of lack of authority evidence showing proof of the intitial DUI. Our client was very excited to be able to drive back home that same day without serving any jail time and without losing his job.
If you’ve been arrested for a DUI and need the help of an experienced DUI lawyer make sure to give us a call at 901-754-1340. We serve Olive Branch, Southaven, Horn Lake, Starkville, Oxford, Tunica, Holly Springs and all of North Mississippi.
Possession of Marijuana with Intent to Distribute In Mississippi - The Fines and Jail Time
May 22, 2008 | Leave a Comment
In my last two posts I’ve discussed the Mississippi laws in regards to misdemeanor possession of marijuana and misdemeanor possession in a motor vehicle. Today I’m going to look at the penalties for possession with itent to sell.
The first thing to look at is defining what possession with intent means. It’s really quite simple, it just means that you have possession of marijuana with the intent to sell it. Although the definition is simple proving that you had the intent to sell it can be quite difficult unless they catch you in the act, and even then it can still be difficult to prove. Often times the police try to convict using circumstantial evidence such as the possession of several different wrapped baggies, but an experienced mississippi and southaven criminal lawyer can usually bring up points that makes it difficult for the prosecutor to prove intent.
Now that we have looked at what intent to distribute means let’s review the fines and jail time that you can receive for a conviction.
A conviction in Mississippi for possession of less than 30 grams with intent to distribute comes with a fine of up to $3,000 and up to 3 years in prison.
If you are unluckly enough to found with over 30 grams then the fine jumps to $30,000 and jail time of up to 30 years.
The Fines and Penalties for Being Arrested for Possession of Less than 30 grams of Marijuana in a Motor Vehicle!
May 22, 2008 | Leave a Comment
If you were to go to any Mississippi criminal lawyer every one of them would tell you that you don’t want to be convicted of Misdemeanor Possession of Less than 30 grams of Marijuana in a Motor Vehicle because you will almost always serve some type of jail time.
What are the fines and jail time for being convicted you’re probably wondering? Well, the fine for the first offense can be up to $1,000 and up to 90 days in jail!
If you happen to have more than 30 grams and less than 250 grams then the fine can go up to $3,000. But that’s not the worst part. You could face up to 3 years in the penitentiary. After 250 grams the fines really go up and so does the jail time. The Mississippi Code section 41-29-139 lists all of the penalties for possession, the highest of which is a $1,000,000 fine and up to 30 years in the penitentiary.
By now you should be realizing that a simple conviction in Mississippi for any type of Misdemeanor possession of marijuana is nothing to be taken lightly. As soon as you are arrested you should hire a capable mississippi criminal defense lawyer to defend your rights. Our lawyers serve Olive Branch, Southaven, Horn Lake, Tunica, Hernando, Marshall County, Desoto County, Oxford, Starkville and Memphis. If you are arrested give us a call at 901-754-1340 for a free consultation.
What Are The Penalties If You Have Been Arrested for Possession of Marijuana in Mississippi?
May 22, 2008 | Leave a Comment
What are the penalties if you have been arrested in Olive Branch for misdemeanor possession of Marijuana?
Possession of less than 30 grams of marijuana is classified as a misdemeanor crime in Mississippi. However, just because this is a misdemeanor offense doesn’t mean that you should take your court appearance lightly. Although the first offense for plain possession usually just results in a fine of no more than $250 this offense still goes on your record. Your second offense would result in a fine of $250 and up to 60 days in jail for your second offense. For a third or subsequent conviction the penalty increases to up to $500 in fines and 6 (six) months in jail. And remember on top of all fines there are also court costs and other fees associated with the fine.
The penalties stated above are just for plain old possession. This means it is just if you were found with it in your home or walking down the street. However, in most cases this isn’t the case. Usually you the person is found with the drug in their car. This ups the penalties because a person found with weed in thir car would be charged with Possession of Marijuna less than 30 grams in a Motor Vehicle. In Mississippi these charges carry higher fees and more jail time.
In my next post I’ll discuss what the penalties are for these charges.
The one thing to remember though is that an experienced olive branch or southaven criminal lawyer can often times have these charges reduced or dismissed. It’s important that you make the decision to hire an attorney to give you the best defense.
