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Possession W/Intent in Mississippi

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What is the name of your state? California
I need help with an old possession w/intent charge out of the state of Mississippi in 1999. My son in law was pulled over by the Highway Patrol in Mississippi in March of 1999. They found a large amount of Marijuana in the gas tank of the car. He was arrested and charged with Possession w/intent. He posted bail and returned home to the state of Texas. Every month he traveled back to Mississippi to make ALL court appearances until finally the Judge threw the case out on a technicality. He remembers the case VERY well. He returned back home to the state of Texas and in July 2001 was arrested and charged with Possession of a prohibited weapon to which he was sentenced to 2 years in a Texas State Penitentiary. He was paroled in June of 2002 and eventually released from Supervised Parole in July of 2003. He moved to the state of California where he has turned his life around. He has had NO run-ins with the law and become a law abiding citizen and has been gainfully employed for the past 15 months. Every weekend we cross the border into Mexico to go shopping and occasionally have a few drinks. We have NEVER had any problems crossing in or out of the U.S. until December 19, 2004. We were crossing back into the U.S. when he was stopped and arrested on a fugitive warrant out of Mississippi on the possession w/intent charge. He is now sitting in a San Diego jail awaiting extradition. I have made several phone calls to both Texas and Missisippi in an attempt to clear this up and I have so many questions and yet nobody has any answers :rolleyes: . Everyone seems to have different information and can't agree upon anything. I would like to find what the statute of limitations on the possession w/intent charge in Mississippi is and find someone who can help us. We are not financially able to hire a lawyer on our own and need help. How could he have done time in a state penitentiary and been released from there and parole if he was a fugitive??? :confused: How could he have registered to vote and obtained a drivers license if he was wanted??? :confused: He has always used his real name and his SSN# so if he was wanted why didn't they pick him up when he was released from prison or at one of his jobs in the past 6 years??? :confused: How were we crossing in and out of the U.S. for the past 15 months without them stopping him if he were a fugitive??? :confused: Why has it taken the state of Mississippi 6 years to realize he was wanted and put out a warrant if it's true??? :confused: I would appreciate ANY and ALL advice and help. I need help in finding an attorney or someone who will be able to help us clear this up. I don't know where to start or what to do anymore as Mississippi has been NO help at all, they can't explain the discrepancies and I need to find the truth out before he ends up being extradited for no reason. Something's just not right with the whole situation and it doesn't sound right. PLEASE HELP!!!
 


calatty

Senior Member
If you know anyone in Mississippi, you could send them down to the courthouse to look at the case file to try and figure out what is going on. Either Mississippi is making a mistake, or the judge didn't actually throw the case out.
 

nanaII

Member
I did a little research

I did a little research and Mississippi does have an online system for checking court records in Mississippi (you will need to copy and then paste this link into your browser). The link is: http://pacer.psc.uscourts.gov/

You need to register to be able to access this system. There is a minimal charge (from what I could gather) in order to view documents. I didn't complete the registration to find out, but all of the details are on this website. Good luck!
 

nanaII

Member
Correction...

I didn't realize that when you insert a link that it automatically inserts into the text of a message. You only have to "click" on the link to access it.
 

nanaII

Member
???

Can you please tell me why I am under attack from my response to this person's request? What does my question in another forum have to do with this one? To answer your question, yes, I figured he was probably addicted to drugs. I did everything I could to get him to seek help. I contacted addiction centers and Drs. If you saw and heard the arguments and my pleas to him to get help, you wouldn't be saying such cruel things to me. I thought this forum was for people that have valid questions to get help. Maybe I was wrong...
 

zwara

Member
excuse the personal attacks..they are in serious need of professional help or a day at of being tied to the whipping post....
 

Shay-Pari'e

Senior Member
zwara said:
excuse the personal attacks..they are in serious need of professional help or a day at of being tied to the whipping post....
What language is that? Please keep to your own postings and do not excuse anyone elses. I certainly do not need you excusing my posts.

Don't you have buds to pick out of your trash? :rolleyes:
 
S

seniorjudge

Guest
"What language is that?"

Okay, now you are using my line....But that is okay since I stole "squibblings"! :D
 
S

seniorjudge

Guest
"...I would like to find what the statute of limitations on the possession w/intent charge in Mississippi is and find someone who can help us...."

OP, this is not a statute of limitations problem since your son has already plead guilty to a crime.

It was not dismissed or there would not be a warrant out for his arrest. You can verify this with the court where he was sentenced.

If, perchance, the charge was dismissed but an arrest warrant was placed into the system, then when your son is extradited to the other state, this error will be discovered...one would hope.

Your son will receive all of the paperwork from the other state showing what he is charged with.
 

zwara

Member
--PARIDISE-- said:
What language is that? Please keep to your own postings and do not excuse anyone elses. I certainly do not need you excusing my posts.

Don't you have buds to pick out of your trash? :rolleyes:
Ok I'll excuse myself from excusing your collective thoughts found in many of your posts if you could excuse yourself from your "cheap shot" accusations in defending your integrity.
My trash is your trash so come and get it PaL
 
OP, I suspect that this nation's heightened security after 9-11 is partly to blame. Where an outstanding warrant makes no sense to have been failed to have been served on your son while in prison or upon his release may not be under as much scrutiny as the nation's borders are these days.

If, at the time of the dismissal of charges originally, there is an important issue of WHO dismissed the charges. If the State dismissed the case, then it may be possible that the State turned around and re-filed the same charge at a later date based on newer and more compelling evidence. If the judge dismissed the case, it may reach the level of "double jeapordy" and should easily be determined.

Your son's attorney will be or should be filing a Habeas petition, or a motion to dismiss extradition based on double jeopardy, if your son is not already yelling for his attorney to do so.

Get your son an attorney, to find out the status of the charging document generating the warrant in the first place.
 
Thank you nanall

nanall I would like to thank you for going that extra mile and doing research for me and getting the information I need. I am in the process of checking into the information you gave me. I just wanted to make sure I thanked you. It's people like you that make the world a better place. Again, Thank You. :)
 
seniorjudge said:
"...I would like to find what the statute of limitations on the possession w/intent charge in Mississippi is and find someone who can help us...."

OP, this is not a statute of limitations problem since your son has already plead guilty to a crime.

It was not dismissed or there would not be a warrant out for his arrest. You can verify this with the court where he was sentenced.

If, perchance, the charge was dismissed but an arrest warrant was placed into the system, then when your son is extradited to the other state, this error will be discovered...one would hope.

Your son will receive all of the paperwork from the other state showing what he is charged with.
Seniorjudge,
He was not arrested on a WARRANT. He was arrested as a fugitive W/O a warrant. I called the Mississippi Courthouse where he was charged and they said they have no warrant either, only an outstanding traffic fine. I contacted the District Attorney and I got NO answers, all I got was an "it's under investigation". :rolleyes:
 
judge dismissed case

Florid-aise said:
OP, I suspect that this nation's heightened security after 9-11 is partly to blame. Where an outstanding warrant makes no sense to have been failed to have been served on your son while in prison or upon his release may not be under as much scrutiny as the nation's borders are these days.

If, at the time of the dismissal of charges originally, there is an important issue of WHO dismissed the charges. If the State dismissed the case, then it may be possible that the State turned around and re-filed the same charge at a later date based on newer and more compelling evidence. If the judge dismissed the case, it may reach the level of "double jeapordy" and should easily be determined.

Your son's attorney will be or should be filing a Habeas petition, or a motion to dismiss extradition based on double jeopardy, if your son is not already yelling for his attorney to do so.

Get your son an attorney, to find out the status of the charging document generating the warrant in the first place.
My SON-IN-LAW was out on bail and during his last court appearance the Judge dismissed the case on a technicality. If he had jumped bail like the state of Mississippi suggests, a family member would have lost their home which they have not. It was the Bails Bondsman who drove him to the bus depot and put him on the Bus back to Texas.
I have contacted the Texas Dept. of Corrections and they said if there were a warrant for his arrest he would have been released and then re-arrested as he walked off prison grounds. They DO NOT release fugitives. I also contacted the Texas Dept. of Criminal Justice Region 1 Directors office where he was under SUPERVISED Parole for 13 months. They said in order for him to be released from Parole he had to have been cleared of ALL warrants.
How could 3 different agencies ALL be wrong and the state of Mississippi be correct? He has been incarcerated for over 2 weeks while the state of Mississippi "investigates". If Mississippi wanted him so badly they could have easily have found him in the last 6 years. He wasn't hiding, he was incarcerated and under SUPERVISED Parole ... How long can they hold him while they "investigate" and if they are proven to be wrong and he has lost his job, apartment, and everything else because of this does he have the right to sue?
I really APPRECIATE all the great advice you guys have given me. THANX :D
 
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