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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26598
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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my son is currently incarcerated in Missouri for other charges.

Resolved Question:

my son is currently incarcerated in Missouri for other charges. He has a bench warrant for not appearing for court in Jan 2013 (which neither one of us had received any notice). He wants me to hire an attorney (I cannot afford one). He is being charged with Aggravated Assault. The plaintiff attempted to withdrawal the charges, she admitted she lied. He has letters from her stating she lied and wanted to drop the charges.
He is being sentenced to 120 drug shock treatment and should be out in April 2014, what is he looking at once he gets out of prison in Missouri.
thank you for you assistance
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Roger replied 10 months ago.

Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney in Mississippi. Thanks for your question. I'll be glad to assist.
Customer:

Hi my name is Laura

Customer:

my son is currently incarcerated in Missouri for other charges. He has a bench warrant for not appearing for court in Jan 2013 (which neither one of us had received any notice). He wants me to hire an attorney (I cannot afford one). He is being charged with Aggravated Assault. The plaintiff attempted to withdrawal the charges, she admitted she lied. He has letters from her stating she lied and wanted to drop the charges. He is being sentenced to 120 drug shock treatment and should be out in April 2014, what is he looking at once he gets out of prison in Missouri.

Roger : Where is the bench warrant from - what state?
Customer:

Mississippi (Hernando)

Customer:

DeSoto County

Roger : Ok, If he plans on returning to the state, then the bench warrant will remain outstanding until it is served on him and if he's arrested.
Roger : If he never returned to Mississippi, it's not likely that anything would happen because bench warrants are only enforceable within the state.
Customer:

he does not plan on returning to the state. He is concerned that the State of MS will extradite him as soon as he is released from prison.

Roger : No, that's not likely to happen for a misdemeanor offense like this.
Customer:

I understand it is a Felony charge, does that change things?

Roger : Aggravated assault is usually misdemeanor offense, but if it is a felony charge, then it is possible that Mississippi would extradite over something like this. It's more likely that he would either turn himself in or they would apprehend him when he comes back.
Customer:

You are saying he will not be extradited back to MS, and the state of MS can only serve him for the bench warrant is if he returns to the State of MS?

Roger : A bench warrant is ONLY good within the state of Mississippi, and a failure to appear/contempt is usually always a misdemeanor - - not a felony.
Customer:

that is good news

Customer:

what about the Aggravated Assault charges, is that normally a felony or misdemeanor?

Roger : Usually, it is a misdemeanor.
Customer:

What would make it a Felony charge?

Roger : AGGRAVATED ASSAULT can be a felony IF a deadly weapon was used. But, this can often be pled down to simple assault, which is a misdemeanor. Here's the statute: http://www.mscode.com/free/statutes/97/003/0007.htm
Customer:

awesome ... I know for a fact there was not a deadly weapon used. She alleges he attempted to strangle her with his hands.

Roger : ...or there has to be proof that there's an attempt to cause serious bodily injury.
Roger : If the alleged victim has admitted to making up the charges, then it should be possible for him to seek to have these charges dismissed.
Roger : Many times, a person is charged with aggravated assault, but the proof doesn't support the charge, and simple assault is the alternative.
Customer:

she did not report the incident immediately, she waited 3-4 days later. I have photos she posted on facebook without any marks on her anywhere. Yes she went to the District Attorney's office and told them she wanted to drop the charges. She wrote on a statement at the District attorney's office she was withdrawing the charges and I saw the notice as well as the letters she wrote my son stating she lied.

Customer:

this is great news! thank you :)

Roger : If she doesn't admit to making this up, he could actually file criminal charges against her for making a false affidavit and malicious prosecution.
Customer:

should a public defender assist him or should I attempt to hire an attorney?

Roger : If you can hire an attorney, that'd give him a better chance at getting this resolved quickly/have an agreement reached with the prosecutor.
Customer:

ok, thank you very much for your assistance.

Roger : No problem. Glad to assist.
Customer:

you have a great night

Roger : Thanks. You do the same.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26598
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 3 other Criminal Law Specialists are ready to help you

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