Tannehill, Carmean & McKenzie, PLLC is proud to offer you these frequently asked questions in order to aid our efforts in providing you with high quality legal service. Please use the drop-down lists below to navigate these resources.
General FAQ
Q: WHAT IS A STATUTE OF LIMITATIONS?
A: This is the time within which a legal case must either be settled or suit filed in the appropriate court. If action is
not taken within the prescribed statute of limitations, the right to a legal remedy may be lost. There are some types
of claims that require notice to government agencies within a certain period of time. It is always a good practice to
check with an attorney if there is a question of time limitations in a case.
Q: WHEN DO I NEED AN ATTORNEY?
A: Common sense will normally tell a person that they have a legal problem. Most attorneys will discuss your matter over the telephone and help you decide if you need legal representation.
Q: HOW DO I FIND A COMPETENT ATTORNEY?
A: Most people who need an attorney may never have needed one before and do not know any attorneys. Often,
friends recommend attorneys who have represented them. The only safe way to know if a specific attorney is "good"
is to check that attorney's reputation. There are numerous services that rate attorneys; however, "Best Lawyers in
America" is one of the more objective publications that rates attorneys. Attorneys are selected by reputation by the
editors. Their information comes from judges, attorneys and other legal sources in the area that attorney practices.
Q: WHAT WILL AN ATTORNEY CHARGE?
A: Many attorneys do not charge for initial consultations for personal injury claims, medical malpractice and workers compensation cases. When calling an attorney to make an appointment, ask if the first consultation will be free. If the attorney indicates that a fee will be charged, negotiate a flat amount rather than leaving it open.
Q: IF I HIRE AN ATTORNEY, WHAT WILL THAT ATTORNEY CHARGE AS A FEE FOR MY CASE?
A: Attorneys fees can be by the hour, plus out of pocket expenses; a flat fee for the case, plus out of pocket expenses; or a contingent fee, plus out of pocket expenses.
Q: WHAT IS A CONTINGENT FEE?
A: A contingent fee is based upon the attorney getting a set percentage of the recovery for a client in a case where the client is suing for damages. If the attorney is not successful in getting the client any money, the attorney does not get a fee.
Q: WHAT PERCENTAGE CONTINGENT FEE DO ATTORNEYS CHARGE?
A: The percentage for the attorney is usually based upon the customary charge in that area for similar cases. An example is contingent fees in motor vehicle cases in Mississippi normally will be one-third (33 1/3%) prior to filing suit. Contingent fees for medical malpractice cases in Mississippi range from 40% to 50% because of the difficulty of that kind of case and the expenses for hiring experts.
Criminal FAQ
Q: WHAT IS THE DIFFERENCE BETWEEN A MISDEMEANOR AND A FELONY?
A: A misdemeanor is a criminal offense does not carry as harsh a penalty as a felony. Misdemeanor criminal offenses are punishable by less than one year in a county jail, which can be up to 364 days) and/or fines of less than $1,000. Traffic violations (speeding and driving under the influence (a/k/a DUI) simple assault and shoplifting are examples of misdemeanor crimes.
Felonies are more serious crimes, which carry sentences at least one year of custody with the Mississippi Department of Correction and/or pay fines in excess of $1,000.00. Examples of crimes include: murder, robbery, DUI (3rd offense), and aggravated assault.
Q: WHAT IS A PRELIMINARY HEARING?
A: It is a probable cause hearing where the court makes a determination whether or not the state has enough evidence of the alleged felony (you are not entitled to preliminary hearings in misdemeanor cases) crime to bind the defendant over for grand jury action. A preliminary hearing is not a trial and the rule of evidence are not adhered to by the Court.
Q: WHAT IS A BOND AND WHY DOES ONE HAVE TO BE POSTED?
A: A bond is a certain amount of money (to be determined by a judge at the initial appearance) promised to the Court that the Defendant will appear back in Court when required. The bond allows the defendant to be released from jail prior to a trial on their criminal charges. People can post a cash bond, property bond or if they cannot afford either, they can hire a bail bondsman who will underwrite their bond for a fee, which is generally 10% of the bond plus some expenses. If the defendant cannot post the bond set by the Court, he or she will have to remain in custody until their trial date. If the defendant fails to return for Court as required, they will forfeit their bond.
In Mississippi the judges set the bond based upon the nature of the criminal offense with which the defendant has been charged. When the charges involve certain violent crimes, a judge might deny bond or set the bond very high.
Q: WHAT SHOULD I DO IF AND WHEN I AM STOPPED BY LAW ENFORCEMENT?
A: Upon seeing blue lights you should stop your car at the first available and safe location. Although you do not have to submit to any field sobriety tests or perform any other such requests, you do have an obligation to cooperate with the officer to the extent that you are not violent or uncivil toward the officer. Therefore, if the officer requests your driver's license or asks you to step out of the car, etc., you should comply. If the officer does not write you a ticket promptly and you are concerned that you are being investigated for a crime, you may ask the officer if you are free to leave. If so, you may get into your car and leave. If not, simply request that the officer then take you with him and ask to call a lawyer immediately. It goes without saying that you should always be courteous and truthful with the investigating officer.
Q: WHAT ARE FIELD SOBRIETY TESTS (FST) AND SHOULD I SUBMIT TO THEM IF ASKED?
A: Field Sobriety Tests (FST) are the standardized tests which most law enforcement officers have received training to administer and assist them in determining if a suspect is driving while under the influence of alcohol or drugs. Most of these test are considered "divided attention" tests taught by the National Highway Traffic Safety Administration (NHTSA). The three most recognized and used tests are the walk-and-turn, one leg stand, and the horizontal gaze nystagmus test (HGN) or eye/pen test. Other tests like the finger-to-nose and ABC may be used, but are not considered standardized. These tests are generally given on the scene after a traffic stop is made if a law enforcement officer stops you for a traffic violation.
You have no legal obligation to submit to any of these tests, and may refuse them without legal penalty. The problem with submitting to these tests, even when you feel like you could pass them, is that you do not know what the officer is looking for. This is not a test you can simply pass or fail, but rather the officer is searching for certain "clues" during his investigation. Many people who take this test think that they "pass" it, but are subsequently arrested for DUI, but they do not understand exactly what "clues" the officer is looking for in each test and that the officers do not consider other factors into searching for clues such as bad weather, physical impairments, nervousness, etc. Should you be arrested after taking the field sobriety tests then the arresting officer will testify as to your performance on these tests at any future trial. Should you have refused to take the breath test, then the presiding judge will generally rely heavily on the arresting officers testimony of how he believes you performed on the field sobriety tests.
Q: WHAT ARE THE PENALTIES FOR A DUI CONVICTION?
A: The following penalties for a DUI conviction went into effect on September 1, 2000:
DUI First Offense: $250.00 - $1,000.00 fine; imprisoned for not more that 48 hours; and attendance of an alcohol safety education program (MASEP); driver's license suspension for not less than 90 days and no more than 1 year.
DUI Second Offense (within 5 year period): $600.00 - $1,500.00 fine; 5 days or no more than 1 year imprisonment; not less than 10 days nor more than 1 year community service; suspension of your driver's license for 2 years. The 5 day minimum jail sentence may not be suspended or reduced by the court or prosecutor as part of a plea bargain. The 2 year license suspension may be reduced to 1 year if you meet certain requirements. No hardship license or temporary permit is available to second offenders. Your automobile(s) may be ordered impounded or immobilized for the entire length of your license suspension. If you meet certain requirements, the court could order the installation of an ignition interlock device on your automobile(s) which must be blown into before the car will crank. If it detects alcohol present at a pre-set level, the device will not allow the car to crank.
DUI third or subsequent offense (within 5 year period): This is considered a felony. $2,000.00 - $5,000.00 fine; imprisoned not less than 1 year and no more than 5 years in the state penitentiary; vehicle forfeiture; license suspension for 5 years. No hardship license or temporary permit is available, but the 5 year license suspension may be reduced to 3 years.
These are the statutory imposed penalties. Judges in different jurisdictions also have discretion to sentence offenders to other penalties such as the Victim's Impact Panel sponsored by Mother's Against Drunk Driving or probation. The aforementioned penalties do not address the "penalties" you will incur from paying increased insurance rates and the effect that a conviction and license suspension may have your current or subsequent employment.
The standard penalty for being found guilty of driving under the influence (first offense) in Oxford Municipal Court is the following:
- Fine of $1,008.50;
- 48 hours in jail - the Municipal Court Judge usually suspends the jail time, which generally means that if you appear before this Court within the subsequent two (2) year period for an alcohol related offense, then you would have to serve the 48 hours in the Lafayette County Detention Center;
- Attend Mississippi Alcohol Safety Education Program (a/k/a MASEP), which is a class of 12 hours of instruction and costs $150.00;
- Attend Victim's Impact Panel sponsored by M.A.D.D., which is a class of three (3) hours of instruction and costs $20;
- Suspension of your drivers' license for one (1), but reduced to 90 days (possibly more if you are an out-of-state licensed driver) upon completion of the MASEP Class.
The standard penalty for being found guilty of driving under the influence (first offense) in Lafayette County Justice Court is the following:
- Fine of up to $1,000.00;
-
48 hours in jail - the Lafayette County Justice Court Judge usually suspends the jail time, and instead orders a defendant to take part in the Mississippi Justice Network for a six (6) month period. The Mississippi Justice Network is a supervised probation program which requires a defendant to submit to random drug and alcohol screens. This program costs $25.00 per month and an additional $15.00 for each drug and alcohol screen required.
If you get any additional trouble for a two (2) year period, then you would have to serve the time in the Lafayette County Detention Center;
- Attend Mississippi Alcohol Safety Education Program (a/k/a MASEP), which is a class of 12 hours of instruction and costs $150.00;
- Attend Victim's Impact Panel sponsored by M.A.D.D., which is a class of three (3) hours of instruction and costs $20;
- Suspension of your drivers' license for one (1), but reduced to 90 days (possibly more if you are an out-of-state licensed driver) upon completion of the MASEP Class.
All Orders sentencing persons to the M.A.S.E.P. and V.I.P. Classes will be provided on the same day of sentencing, and they are required to be admitted to the classes.
Q: WHAT DOES THE MASEP COURSE CONSIST OF?
A: The Mississippi Alcohol Safety Education Program (a/k/a MASEP) is a statewide driver improvement program. Under the authority of the Mississippi Implied Consent Law, the course is court mandated for first time offenders convicted of driving under the influence of alcohol or another substance which has impaired one's ability to operate a motor vehicle. The program consists of two interrelated units: the operations unit, and the research and development unit. Their interrelated objectives are to increase our knowledge and understanding of traffic safety and substance abuse issues through research and analysis of existing modalities, then to use this to improve the instruction.
MASEP classes consist of 12 hours of instruction spread over a four-week period with each weekly session lasting approximately three hours. Information presented in the sessions is taken from a standardized curriculum. The MASEP curriculum is entitled: The MASEP Group Intervention Approach: Education, Self-Assessment and Referral. It uses video materials, in-class exercises and homework assignments to encourage the participants to systematically examine every important aspect of their lives, and to think about whether or not the use of alcohol an/or other drugs is having a negative impact on these various life areas.
For information on any of the panels, you may contact Mothers Against Drunk Driving in Mississippi at (601) 939-0233 or the clerk of the court issuing the order. The Oxford Municipal Court Clerk's number is (662) 232-2320. The Lafayette County Justice Court Clerk's number is (662) 234-0727. Meeting dates and locations are subject to change. Therefore, it is strongly recommended that you communicate with the appropriate contact person listed below in advance of your attendance, to make sure that there have been no changes. For Further Information Contact:masep@ssrc.msstate.edu.
Q: WHAT DOES THE V.I.P. COURSE CONSIST OF?
A: The Victim's Impact Panel (a/k/a V.I.P.) is a one time class, lasting approximately three (3) hours, in which persons who have been convicted of driving under the influence hear from the families of victims of drunk driving. Sometimes they are shown videos, but oftentimes people come to give live accounts of how their lives have been affected.
For information on any of the panels, you may contact Mothers Against Drunk Driving in Mississippi at (601) 939-0233 or the clerk of the court issuing the order. The Oxford Municipal Court Clerk's number is (662) 232-2320. The Lafayette County Justice Court Clerk's number is (662) 234-0727. Meeting dates and locations are subject to change. Therefore, it is strongly recommended that you communicate with the appropriate contact person listed below in advance of your attendance, to make sure that there have been no changes.
Lafayette County Victim Impact Panel
Location: Oxford Police Department - Municipal Court Room
715 Molly Bar Road
Date: The last Wednesday of January, April, July and October
Fee: $20.00 Cash Only
Q: CAN I GET A HARDSHIP LICENSE?
A: Only first-time DUI offenders who did not refuse the breath test can be considered for a hardship. If you meet these criteria, you may petition the Court for the return of your driver's license after your license has been under suspension for at least 30 days and you can show that the revocation of your license would hinder your ability to continue your employment, continue attending school/education, or obtain necessary medical care. Therefore, anyone charged with DUI will have to serve a minimum of a 30 day suspension of their drivers license. This petition is filed with the County or Circuit Court of the jurisdiction in which you were convicted and not the actual court in which you were convicted. If granted, your license will be reinstated for all purposes.
Q: IF LAW ENFORCEMENT AUTHORITIES COME TO MY HOUSE WITHOUT A SEARCH WARRANT AND ASK TO SEARCH THE HOUSE, SHOULD I LET THEM SEARCH IT?
A: The United States Constitution and the Mississippi Constitution provide that no law enforcement official has the right to search your property without a valid search warrant. Even though you might not have anything to hide, the officers are there for a reason. You should contact an attorney as soon as possible if a law enforcement official makes a request to search your property either with or without a search warrant.
Q: SHOULD I TALK TO LAW ENFORCEMENT OFFICERS WHO COME TO ME WITHOUT AN ARREST WARRANT AND WANT ME TO COME WITH THEM FOR QUESTIONING?
A: Again the U. S. and Mississippi Constitutions provide that police cannot arrest you without a valid warrant for arrest, unless they see you commit a crime in their presence. The officers would not want to question you if there were not some reason. You should ask why they want to question you, and you should advise them that you want an attorney present before responding to any of their questions. If the officers persist after informing them that you want an attorney present, then you should call an attorney immediately. The questions may be routine and they may not. Many innocent people have been placed in jeopardy by answering what seemed at the time to be innocent questions. Cooperation with law enforcement authorities is important, but you have to protect yourself. Most law enforcement officials are honest and competent, and they understand your request for advise from an attorney before talking. However, not all law enforcement officers - like any other profession - are honest.
Q: SHOULD I TAKE THE BREATH TEST?
A: There is no correct answer to this question. You are the only one that can decide this for yourself and your particular situation. You have the legal right refuse the breath test, but that you will suffer a license suspension for 90 days as a result - regardless of whether you are ultimately convicted of the DUI charge or not. Mississippi law states that anyone who operates a motor vehicle has impliedly given their consent to submit to a law enforcement officer's request to take a test to determine their blood alcohol if that officer has probable cause and reasonable grounds to make such request. Your refusal will subject you to forfeit your license or driving privileges, and you cannot receive a hardship for this 90 day period. However, you do have a right to request a judicial determination on whether or not your license should be suspended pursuant to your refusal. Therefore, this question is difficult to answer. If you take the test and "pass" you are in a good position. However, if you take the test and "fail", you have basically given the prosecution your "confession" and although you may have other defenses available to you, it would be best if the prosecution did not have this information. Whether you submit to the test or not, ALWAYS ask for a blood test and/or obtain one for yourself immediately upon being released. The results of which should be provided to your attorney.
Q: THE OFFICER NEVER GAVE ME A MIRANDA WARNING: CAN I GET MY CASE DISMISSED?
A: No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest.
