Legal Question in Criminal Law in Mississippi

I went to s court date for a ticket for driving liscense suspended. I plead not guilty. The judge said when I came for my trial he was going to give me jail time. I called the clerks iffice was told I could just pay the fine and not go back before the judge. Can the judge give me jail time if I go ahead and pay the fine prior to the court date.

? He told me to bring an attorney back with me.


Asked on 3/24/12, 1:19 pm

2 Answers from Attorneys
Wayne Woodall Wayne Woodall Attorney

Most likely the Court Clerk will not actually allow you to simply pay the fine because this is an offense which carries a mandatory incarceration period. Try paying the fine only and hope the Court does not thereafter summon you to serve time.

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Answered on 4/16/12, 10:48 am
Wayne Woodall Wayne Woodall Attorney

THIS IS AN OFFENSE WHICH REQUIRES MANDATORY SERVICE OF TIME IN JAIL. IT IS LIKELY THAT YOU WILL APPEAR BEFORE THE CLERK AND THE CLERK WILL REFUSE TO ACCEPT PAYMENT. THERE IS A CHANCE THAT IF YOU APPEAR BEFORE THE CLERK AND THE CLERK DOES IN FACT ACCEPT PAYMENT THEN THE COURT MAY SUMMON YOU AT A LATER DATE TO ENTER A CORRECTED ORDER OF DISPOSITION IN THE CASE AND ORDER YOU AT THAT TIME TO APPEAR AT THE LOCAL JAIL. THE JAIL SENTENCE MANDATED IS A MINIMUM OF TWO (2) DAYS. IF YOU SPENT TIME IN JAIL WHEN ARRESTED ON THE UNDERLYING OFFENSE YOU MAY BE ABLE TO "TAKE CREDIT" FOR THAT TIME AND WOULD THEREBY AVOID AT LEAST PART, IF NOT ALL, OF THE POTENTIAL SENTENCE.

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Answered on 3/25/13, 1:41 pm


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