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 For example, were you on MSR / parole, and it was revoked for some violation?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.
Contact & Map