My brother is locked up in Mississippi. His original charges was having dealings with his niece who is 16 they had no

Expert's Assistant chat
Customer: My brother is locked up in Mississippi
JA: Have any charges been filed? If so, when is the next court date?
Customer: his original charges was having dealings with his niece who is 16 they had no evidence accept an app she had on her phone but his phone records did not show they had contacted each other at all. Then those charges was dropped than he was charged with felon w gun then those was dropped then is was a Rico act then those charges was dropped then it was charges of another female who they had no complaints from but found in his phone on snap chat yet they had no warrent to go through his phone. I mind you they have in phone on they person not in evidence. No those charges are dropped and now the charges are back to his niece and porn or something. Again the detectives on the case is his nieces cousin and another one his family got killed by my brothers nephew so that conflict of interest. He has been locked up going on 3 weeks now and the charges keeps changing and his bail is ridiculously high. The niece stated when the police got to location before they locked him up nothing happened and the detective is going around town stating his going to do whatever to keep my brother locked up. They had a warrant for his iPhone which nothing was found on but his other phone that they are going through without a warrant they don’t and they have his phone on them. They are answering his phone and replying to people on his phone as well. It’s seems as if they continue to make up things to keep him held
JA: Have they talked to a MS lawyer about this yet?
Customer: No and he doesn’t have a court date and they won’t give him one never had a hearing or anything
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the detective ***** ***** had also another personal grudge against the sisters as well as she accused him of rape so he definitely has it out for my brother
Answered by GlennM in 58 mins 2 months ago
imglogo
GlennM
10+ years of experience
logo

8562 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
GlennM
10+ years of experience
logo

8562 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
Customer
Ok
img

GlennM, Expert

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.

Lastly, please understand, If I give you negative news about the law, please understand, I didn't make the law, I'm simply just telling you what the law is. I deeply apologize if the law is not in your favor. Despite what some people may think, the law isn't always "fair". Although I can’t always give good news, I can always promise that I will be honest and forthcoming with you about your issue.

Customer
Ok so I asked to speak with someone from Mississippi Jackson Mississippi I need a lawyer from there
Customer
what do u mean call prompts fees?
img

GlennM, Expert

My name is***** have been practicing law for more than 35 years and am happy to respond to your inquiry today.

By "call prompts," the expert means that you may receive an offer from the site for a phone call. These are pop-ups sent automatically by the system. You're free to accept or decline as you wish.

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.

img

GlennM, Expert

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.

img

GlennM, Expert

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.

Customer
Ok that's information on the bail part what about all the other stuff I typed in from the detective the charges being put in than dropped multiple times etc
Customer
Also do the week end count for time within the 48hrs?
Customer
Also is there anyway you can see what he's charged with? Cause they are giving me the run around and won't tell me over the phone ?
img

GlennM, Expert

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
img

GlennM, Expert

Court and arrest records in Mississippi can be searched at https://mississippi.staterecords.org/court.php

Customer
That's the thing they would drop charges yet say something else to prevent him from getting out
Customer
he got locked up Friday sep 2nd he did not see. A judge until Tuesday do they held him ove 48hrs can they do that?
Customer
they have him locked up under the wrong name as well
img

GlennM, Expert

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.

Customer
I can't find him maybe I'm looking wrong but his name is ***** ***** they have his last name under Chapman dob 6/30/1982
Customer
What about detectives having conflict of interest
img

GlennM, Expert

Conflict of interest can be the subject of an ethics complaint to the police or a federal civil rights lawsuit for monetary damages under 289 U.S.C. § 1983.

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".

https://www.justanswer.com/law/expert-glennm/

Customer
Ok and can u assist I can't find him with the look up ? I sent his name
Customer
your not in Mississippi?
img

GlennM, Expert

See above — 

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.

Customer
Ok can you help me look up his charges? I can't located them
img

GlennM, Expert

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.

Customer
Mississippi don't have a public record search for inmates?
img

GlennM, Expert

Only for state correctional institution inmates — https://www.mdoc.ms.gov/Institutions/Pages/Division-of-Records.aspx

Customer
How do I find a pro bono lawyer?
img

GlennM, Expert

Pro Bono Resources — Mississippi Bar

https://www.msbar.org/for-the-public/pro-bono-resources/

img

GlennM, Expert

Anything else I can help with on this topic? If not, please accept my best wishes and consider adding me as a “favorite” expert for future JustAnswer legal questions at https://www.justanswer.com/law/expert-glennm/. You’ll have the option to do that on your “My Questions” page if you choose to rate our interaction. Thanks.

Customer
How do I cancel membership
img

GlennM, Expert

JustAnswer customer service can be reached at 1(###) ###-#### https://www.justanswer.com/help/ or***@******.***.


Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer