Legal Question in Criminal Law in Mississippi

If a person has two previous charges that were non-volient and run concurrent and he is in Ms, he got those charges nearly 10 year ago and just been charged with a violent charge can they get him as habitual, day for day.


Asked on 9/22/10, 7:32 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

in order to be habitual the Defendant has to be convicted and sentenced and then convicted again and sentenced a second time, not as a part of the first proceeding. Then he has to be Indicted for a third (or greater) felony. In such a case day for day service is required. If in your case there were two felonies which were pled together and served together and then he got arrested for a third felony but had only served a sentence one time the third case would likely NOT be a habitual case.

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Answered on 9/27/10, 9:09 pm


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