Legal Question in Criminal Law in Mississippi

Please help need direction and guidance... 20years in all-15years to serve w/5 years Post-Release 9years on Armed Robbery; 6years Poss of Marijunan more than a kilo these sentences are consective sentences. Wasnt told Armed Robbery was Mandatory time, sentenced with out lawyer present wasnt allowed to go to trial was told mississippi has its own law dont have to give him a trial...First Offence...There was "NO" weapon found "NO" evidence or hearsay evidence...Trying to get Armed Robbery reduced to Simple Robbery Fighting for time served w/being barred from Mississippi...He has a cited case that could be valuable help/assistane to his case. This cited case is a case with the exact same jude who granted a motion of post-conviction relief in 2005. Do we have a good chance? What steps should be next?


Asked on 10/29/09, 2:57 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

Next you should hire competent counsel with experience in fighting Post Conviction Relief petitions. Otherwise you are likely to get "run over" like you did before without counsel present. If Counsel is present and the Court summarily overrules the Petition at least the appeal process can be initiated at once to expedite consideration of the issue by the appellate courts. I would be very optimistic in this case unless I discovered that the Defendant signed a Waiver of Counsel for the hearing and the plea hearing.

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Answered on 11/04/09, 1:17 pm


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