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Hello and thank you in advance for using Just Answer. I am sorry to hear you have an issue. Hope fully we can get this resolved quickly. I am KhariP . I am an expert attorney with over 22 years of legal experience, ready to answer your questions with top quality service. I am so sorry to hear you are having an issue and I greatly hope I can be of assistance. However, before we get started. There are a few things we must go over. Call prompts for extra fees come from JustAnswer not me and you can still chat here with me for free. I am only able to answer general legal questions. I am a licensed attorney, but may not be from your jurisdiction. Therefore, I cannot be considered your attorney. No attorney client privilege can exist between us. As a result, since my answers are not considered legal advice, it is always recommended you consult with a local attorney for specific legal information for your situation. If I don’t answer right away, please be patient.
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My name is***** have been practicing law for more than 35 years and am happy to respond to your inquiry today.
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I am terribly sorry for your brother's problems. Cash bail is of course aery controversial issue in criminal justice today.
Give me a few minutes to look into Mississippi law and get back to you.
Under Mississippi Rule 5.1:
The accused shall be taken without unnecessary delay, and in no event later than forty-eight (48) hours after arrest, before a judge for an initial appearance. If the person arrested is not taken before a judge as so required then, unless the offense for which the person was arrested is not a bailable offense, the person shall be released upon execution of an appearance bond in the amount of the minimum bail specified in Rule 8, and shall be directed to appear at a specified time and place.
Rule 8 sets the minimum at ten percent (10%) of the amount of the bond, in cash, or $250.00 in cash, whichever is greater.
Thus, the accused must be arraigned at an initial appearance, where he can challenge any bail requested, and in which the prosecutors will have to specify the charges against him.
Just to be clear, JustAnswer is an information website. We do not provide legal representation or referrals and no attorney-client relationship is formed.For local Mississippi attorneys, however, on top of the Q&A services here at JustAnswer, you have access to a free initial consultation with a local attorney. For thatbenefit see https://bit.ly/3mvuol6. Again, the initial consultation is FREE because you're a JustAnswer customer.
Yes, weekends count. Has he not had an initial appearance before a judge as of yet?
And what would you like to know about dropper charges. The state and/or local prosecuting attorneys are permitted to drop criminal charges, even multiple times. See Rule 14.6—
When a prosecution is dismissed, the defendant shall be released from custody, unless the defendant is in custody on some other charge, and any bail shall be released and held for naught and/or sureties discharged, or money deposited in lieu thereof shall be refunded.https://casetext.com/rule/mississippi-court-rules/mississippi-rules-of-criminal-procedure/rule-14-indictment/rule-146-dismissal
Court and arrest records in Mississippi can be searched at https://mississippi.staterecords.org/court.php
No, technically the police cannot hold an arrestee for more than 48 hours under the law. But your brother will have to file a habeas corpus petition with the state courts in order to challenge his unlawful confinement.
I wish there were more I could offer on your situation, but lawyers are expressly prohibited from offering “advice on the customer’s specific factual circumstances” under the JustAnswer terms of service. You will need to consult with an attorney outside of this website for legal advice regarding your brother's case.
See the link I provided earlier for a free initial consultation with a local lawyer.
Kindly use the link below for any additional requests and I will be happy to help you further in the future if needed.
Make the subject "For @GlennM (OnlineCounselor) ONLY".
For local Mississippi attorneys, on top of the Q&A services here at JustAnswer, you have access to a free initial consultation with a local attorney. For thatbenefit see https://bit.ly/3mvuol6. Again, the initial consultation is FREE because you're a JustAnswer customer.
There are multiples Joseph Chapman arrests records in Mississippi and a fee is required to access the records. So no, I am sorry but I can't provide further assistance on locating any particular arrest.
Only for state correctional institution inmates — https://www.mdoc.ms.gov/Institutions/Pages/Division-of-Records.aspx
Pro Bono Resources — Mississippi Bar
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