Khalaf & Nguyen has extensive experience representing clients charged with felonies and misdemeanors

Legal defense involves the representation of individuals or entities accused of crimes, with strategies tailored to the laws and procedures specific to the state of Mississippi or the Federal Government. Here's a breakdown of key areas of legal defense in Mississippi:

Khalaf & Nguyen handle cases from misdemeanors to felonies, including:

• DUI and Drug Offenses
• Domestic Violence
• Assault, Theft, and Robbery
• Sex Crimes
• White Collar Crimes
• Gun and Weapon Charges

Defense strategies may include:

• Challenging unlawful searches or arrests (4th Amendment)
• Arguing lack of intent or mistaken identity
• Asserting alibi or self-defense
• Plea negotiations for reduced charges or sentencing
• Pursuing diversion programs like Drug Court or Pre-Trial Intervention (PTI)

Mississippi has a separate system for juveniles, focusing more on rehabilitation. Juvenile defense involves:

• Detention hearings
• Adjudication
• Disposition hearings
• Sealing or expungement of records

Defense against domestic abuse protection orders or no contact orders includes:

• Contesting false allegations
• Presenting contradictory evidence

Mississippi allows for:

• Direct appeals to the Mississippi Supreme Court or Court of Appeals
• Post-conviction relief for constitutional violations or new evidence

Legal defenses often invoke:

• 1st Amendment (speech, association)
• 4th Amendment (search/seizure)
• 5th Amendment (self-incrimination)
• 6th Amendment (right to counsel, speedy trial)
• 8th Amendment (excessive bail, cruel punishment)

Constitutional issues in criminal cases in Mississippi are governed by both the U.S. Constitution and the Mississippi Constitution, with many protections rooted in federal law but applied in state courts. These issues frequently arise before, during, and after trial, and violations can lead to suppression of evidence, reversal of convictions, or new trials.

Here's a breakdown of key constitutional protections and how they appear in Mississippi criminal defense:

• Freedom from unreasonable searches and seizures
• Warrants must be based on probable cause and specific

• Illegal traffic stops
• Warrantless searches of homes or vehicles
• Use of drug-sniffing dogs without probable cause
• Suppression motions to exclude illegally obtained evidence

Mississippi courts often follow federal precedent, but some state-level decisions may offer more protection.

• Right to remain silent
• Right against double jeopardy
• Right to due process of law

• Miranda violations (failure to inform of rights during custodial interrogation)
• Coerced confessions
• Failure to disclose exculpatory evidence (Brady violation)

• Right to a speedy and public trial
• Right to an impartial jury
• Right to be informed of charges
• Right to confront witnesses
• Right to compel witnesses
• Right to effective assistance of counsel

• Delay in prosecution or trial (Speedy trial right under MS Code § 99-17-1)
• Ineffective public defenders due to underfunding or caseload
• Trial without adequate notice of charges or defense preparation

• Freedom from excessive bail
• Protection from cruel and unusual punishment

• Habitual offender statutes (Miss. Code § 99-19-81 and § 99-19-83) have triggered Eighth Amendment challenges for life sentences in nonviolent cases
• Debates over cash bail, particularly for low-level, nonviolent defendants
• Death penalty and juvenile sentencing issues

• Extends federal rights to state prosecutions
• Ensures equal protection under the law

• Discrimination in jury selection (Batson v. Kentucky violations)
• Unequal sentencing for similarly situated defendants
• Denial of access to counsel or appeal due to poverty

The Mississippi Constitution, particularly Article 3 (Bill of Rights), mirrors many federal provisions but includes some unique aspects:

• Section 14: Due process of law
• Section 26: Right to a fair and speedy trial
• Section 27: Protection from self-incrimination and double jeopardy
• Section 28: Right to bail (with exceptions)
• Section 29: Right to counsel

• Motion to suppress evidence
• Dismissal of charges
• Appeal to MS Supreme Court or Court of Appeals
• Post-conviction relief petition (Miss. Code § 99-39-1 et seq.)

A Miranda rights violation in Mississippi—like in all U.S. jurisdictions—occurs when law enforcement fails to inform a suspect of their constitutional rights before a custodial interrogation, and then uses the suspect’s statements against them in court.

From the U.S. Supreme Court decision in Miranda v. Arizona (1966), police must advise individuals in custody that they have:

1. The right to remain silent
2. The right to an attorney
3. The warning that anything they say can be used against them in court
4. The right to have an attorney appointed if they cannot afford one

Miranda warnings are required only when both of the following are true:

• The suspect is not free to leave.
• Examples in MS: traffic stop turned arrest, formal arrest at home or during a raid, in a police station.

• Law enforcement is asking questions designed to elicit an incriminating response.

No Miranda warning = violation, if both apply.

• Suppression of Statements: Any incriminating statements made cannot be used in the prosecution’s case-in-chief (under the exclusionary rule).
• Derivative Evidence: Sometimes, evidence obtained as a result of the unlawfully obtained statement (a “fruit of the poisonous tree”) may also be excluded.
• Does Not Dismiss the Case: A violation alone does not automatically dismiss charges—it only excludes the illegally obtained statements.

A suspect is arrested in Jackson, MS for burglary. Police question him at the station without reading Miranda rights, and he confesses. His defense attorney can file a motion to suppress the confession. If granted, the confession can't be used in trial.

Mississippi courts recognize the same exceptions as federal law:

• Public Safety Exception (e.g., immediate threat)
• Spontaneous/voluntary statements not in response to interrogation
• Non-custodial interviews
• Inevitable discovery of evidence

• File a Motion to Suppress under Rule 5.04, Mississippi Rules of Criminal Procedure

• Hold a suppression hearing before trial

• Present evidence showing:
• The defendant was in custody
• Interrogated
• Not properly warned

• If successful, the court will exclude the statements and any related evidence

• Police responded to a late-night gas station robbery.
• A witness gave a vague description of the suspect and vehicle.
• Police stopped John Doe, who was driving a similar car near the scene.
•  John Doe was handcuffed, placed in the back of a patrol car, and questioned by officers without being read his Miranda rights.
• During that roadside questioning,  John Doe said, “I didn’t mean to scare the guy, I just needed cash.”
• Officers later obtained a search warrant based largely on this statement and recovered cash and a firearm from his home.
•  John Doe was formally charged with armed robbery.

 John Doe's attorney filed a motion to suppress the roadside confession, arguing:

1. Custody:  John Doe was clearly not free to leave—he was handcuffed and held in a police car.
2. Interrogation: Officers directly questioned him about the robbery.
3. No Miranda Warning was issued before questioning.

The Circuit Court found a Miranda violation occurred:

• Suppressed the confession made during the traffic stop.
• Suppressed the search warrant evidence as “fruit of the poisonous tree” since the warrant relied heavily on the illegally obtained statement.

With the confession and most physical evidence suppressed, the DA offered a reduced plea for simple robbery (non-gun charge), and  John Doe received a five-year sentence with parole eligibility after 18 months.

• Miranda rights must be read if police interrogate someone in custody—even if it's at a traffic stop.

• Any resulting evidence can be suppressed if it stems from the unconstitutional questioning.

• Mississippi trial courts follow federal Miranda precedent but analyze facts closely.

• If police do not interrogate someone in custody, then miranda rights do not have to be read.

Parole eligibility in Mississippi depends on the date of the offense, the type of crime, and the sentence imposed. Here's a breakdown of the key rules as of current Mississippi law:

1. Nonviolent crimes. All persons sentenced for a nonviolent offense shall be eligible for parole only after they have served twenty-five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed by the trial court. For purposes of this paragraph, “nonviolent crime” means a felony not designated as a crime of violence in Section 97-3-2.

2. Violent crimes. A person who is sentenced for a violent offense as defined in Section 97-3-2, except robbery with a deadly weapon as defined in Section 97-3-79, drive-by shooting as defined in Section 97-3-109, and carjacking as defined in Section 97-3-117, shall be eligible for parole only after having served fifty percent (50%) or twenty (20) years, whichever is less, of the sentence or sentences imposed by the trial court. Those persons sentenced for robbery with a deadly weapon as defined in Section 97-3-79, drive-by shooting as defined in Section 97-3-109, and carjacking as defined in Section 97-3-117, shall be eligible for parole only after having served sixty percent (60%) or twenty-five (25) years, whichever is less, of the sentence or sentences imposed by the trial court.

3. Nonviolent and nonhabitual drug offenses. A person who has been sentenced to a drug offense pursuant to Section 41-29-139(a) through (d), whose crime was committed after June 30, 1995, shall be eligible for parole only after he has served twenty-five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed.

Per Miss. Code Ann. § 47-7-3(1), these groups are excluded from parole eligibility:

(a) Habitual offenders.Except as provided by Sections 99-19-81 through 99-19-87, no person sentenced as a confirmed and habitual criminal shall be eligible for parole;

(b) Sex offenders.Any person who has been sentenced for a sex offense as defined in Section 45-33-23(h) shall not be released on parole except for a person under the age of nineteen (19) who has been convicted under Section 97-3-67;

(c) Capital offenders.No person sentenced for the following offenses shall be eligible for parole:(i)Capital murder committed on or after July 1, 1994, as defined in Section 97-3-19(2);

(ii)Any offense to which an offender is sentenced to life imprisonment under the provisions of Section 99-19-101; or
(iii)Any offense to which an offender is sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101, whose crime was committed on or after July 1, 1994;

(d) Murder.No person sentenced for murder in the first degree, whose crime was committed on or after June 30, 1995, or murder in the second degree, as defined in Section 97-3-19, shall be eligible for parole;

(e) Human trafficking.No person sentenced for human trafficking, as defined in Section 97-3-54.1, whose crime was committed on or after July 1, 2014, shall be eligible for parole;

(f) Drug trafficking.No person sentenced for trafficking and aggravated trafficking, as defined in Section 41-29-139(f) through (g), shall be eligible for parole;

(g) Offenses specifically prohibiting parole release.No person shall be eligible for parole who is convicted of any offense that specifically prohibits parole release

In Mississippi, a parole hearing is the process by which the Mississippi State Parole Board determines whether an eligible incarcerated person should be released from prison under supervision before completing their full sentence

• Once an inmate becomes statutorily eligible for parole (based on offense type, sentence length, and time served), the Mississippi Department of Corrections (MDOC) refers their case to the Parole Board.

• The Parole Board sends notice of the upcoming hearing to:
  
  • The inmate
  • Victims (through the Office of Victim Assistance)
  • Law enforcement and district attorney
  • Relevant court officials

At the hearing, the board considers:

• Nature and seriousness of the original offense
• Institutional behavior and disciplinary record
• Participation in rehabilitation programs (e.g., education, counseling, job training)
• Parole plan (housing, employment, community support)
• Risk assessment scores
• Victim impact statements and public safety concerns

• Victims and prosecutors may submit written statements or speak at the hearing.
• Their input can influence whether parole is granted or denied.

The Parole Board can:

• Grant parole with conditions.
• Deny parole and set a date for reconsideration (usually 1–3 years later).
• Impose special conditions like drug treatment, electronic monitoring, or counseling.

• Most hearings are not in-person for the inmate. The Board typically reviews files and may conduct interviews via video conference.
• Victims and others may appear in person or virtually at a Parole Board hearing office.

• Hearings generally occur shortly after the inmate becomes eligible.
• The Parole Board typically issues a decision within 30 days of the hearing.

• Parole is discretionary, not guaranteed.
• Even after release, the parolee remains under supervision and must comply with strict conditions.

In Mississippi, when someone is granted parole, they are released from prison but remain under state supervision and must comply with specific conditions. These conditions are designed to promote rehabilitation and protect public safety. Violation of any of them can lead to revocation of parole and return to prison.

Reporting Requirements

• Report regularly to a parole officer as instructed (usually monthly).
• Notify the officer of any change in residence, employment, or contact information.

Travel Restrictions

• May not leave the state or county without written permission from the parole officer.

Employment

• Must maintain lawful, full-time employment or education.
• Parolees must report job changes and actively seek work if unemployed.

Residency

• Must live at an approved residence.
• Changes in residence require prior approval.

Obey Laws

• Must not commit any new criminal offense.
• Any arrest, even without conviction, must be reported to the parole officer immediately.

Drug and Alcohol Restrictions

• Must refrain from using illegal drugs or abusing alcohol.
• May be required to undergo random drug testing.
• Participation in substance abuse treatment may be ordered.

Weapons Prohibition

• Parolees are prohibited from possessing or using firearms, ammunition, or dangerous weapons.

Curfew (if imposed)

• A curfew may be established depending on the case or risk level.

Supervision Fees

• Required to pay monthly supervision fees 

No Contact Orders

• Must comply with any no-contact restrictions with victims or other specified individuals.

Depending on the crime or risk factors, the Parole Board may impose additional conditions, such as:

• Electronic monitoring (e.g., GPS ankle bracelet)
• Sex offender registration and restrictions
• Domestic violence counseling
• Mental health treatment
• Community service

• Technical violations (e.g., missed appointments, positive drug test) may result in sanctions or short-term jail stays.
• Substantive violations (e.g., new crime) can lead to full revocation of parole.

A technical violation in Mississippi refers to when a person on parole or probation breaks the rules of supervisionwithout committing a new crime. These are violations of conditions — not new criminal offenses — and they’re treated differently from more serious violations.

Under Miss. Code Ann. § 47-7-2 & § 47-7-27, common technical violations include:

• Missing a meeting with a parole or probation officer
• Failing a drug test (for drugs or alcohol)
• Failure to maintain employment or housing
• Leaving the approved residence or county without permission
• Failure to pay supervision fees
• Breaking curfew
• Failing to attend court-ordered programs (e.g., anger management or rehab)

Mississippi law distinguishes technical from non-technical (or “substantive”) violations:

• Do not involve a new felony or misdemeanor.
• Are subject to limited sanctions under the law.
• The Mississippi Parole Board or the court can order:
  
  • Short jail stays
  • Increased reporting
  • Counseling or treatment programs
  • Community service
  • GPS monitoring

For probationers:

• Jail time for technical violations is limited to 90 days per violation, unless there are repeated or multiple violations.

For parolees:

• The Parole Board may impose short-term incarceration, but must generally exhaust alternative sanctions before revoking parole for a technical violation.

§ 47-7-27(6)(a) The board shall hold a hearing for any parolee who is detained as a result of a warrant or a violation report within twenty-one (21) days of the parolee’s admission to detention. The board may, in its discretion, terminate the parole or modify the terms and conditions thereof. If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred and eighty (180) days or the board may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

Some violations are always treated as non-technical, even if they don’t involve a new criminal charge:

• Possession of a firearm
• Absconding (willfully disappearing for 30+ days)
• Tampering with electronic monitoring
• Failure to register as a sex offender (if required)

In Mississippi, a Domestic Abuse Protection Order—also known as a Protective Order or Order of Protection Against Domestic Abuse—is a legal order issued by a court to help protect victims of domestic violence from further abuse or threats. Here's what you need to know:

You may petition for a protection order if you are a victim of abuse or threats by:

• A current or former spouse
• Someone you live with or used to live with
• Someone you share a child with
• A dating or intimate partner

 Emergency Protective Order

• § 93-21-13
• Can be granted ex parte (without the abuser present)
• Typically lasts 10 days or until the court holds a hearing for a final order
• Designed for immediate protection

Temporary Protective Order

• § 93-21-11: (1)Within ten (10) days of the filing of a petition under the provisions of this chapter, the court shall hold a hearing, at which time the petitioner must prove the allegation of abuse by a preponderance of the evidence.

(2)The respondent shall be given notice of the filing of any petition and of the date, time and place set for the hearing by personal service of process. A court may conduct a hearing in the absence of the respondent after first ascertaining that the respondent was properly noticed of the hearing date, time and place.

• § 93-21-15(b): The duration of any temporary domestic abuse protection order issued by a municipal or justice court shall not exceed thirty (30) days. However, if the party to be protected and the respondent do not have minor children in common, the duration of the temporary domestic abuse protection order may exceed thirty (30) days but shall not exceed one (1) year.

Final Protective Order

• Issued after a court hearing where both parties can present evidence
• Can last for up to 3 years, or longer if the court finds it necessary
• Can be renewed or extended

A protective order can:

• Order the abuser to stop contacting or abusing you
• Remove the abuser from your home
• Prohibit possession of firearms
• Other relief the court deems appropriate

• Violating a protective order is a criminal offense in Mississippi and can lead to arrest and jail time.
• Police are required to enforce valid protective orders, including those from other states under full faith and credit.

A No Contact Order in Mississippi is a legal order issued by a court that prohibits a person (typically the defendant in a criminal case) from having any form of contact with another individual, usually the alleged victim or witness.

If you are involved in a case with a no contact order—whether as the protected person or the restrained individual—it’s crucial to follow the order strictly and consult with an attorney about your rights and options.

• Criminal No Contact Order:
  
  • Issued as part of a bond condition in criminal cases, especially in domestic violence, stalking, harassment, or assault cases.
  • Violating the order can result in bond revocation, new criminal charges, or jail time.

• Protective Order (Order of Protection):
  
  • Can be civil or criminal and may be issued in domestic abuse cases under Mississippi’s Protection from Domestic Abuse Law.
  • Includes broader protections such as staying away from the home, workplace, or school of the protected person.

• Direct communication (calls, texts, emails, in-person)
• Indirect communication (messages through friends or family)
• Physical proximity (coming within a certain distance of the protected person)
• Presence at certain locations (home, workplace, school, etc.)

The duration depends on the court order itself. It can be:

• Temporary (until the next court date or conclusion of the case)
• Permanent (especially in domestic violence or harassment cases)

• Either party (especially the protected party) may petition the court to modify or lift the order.
• The court will typically consider:
  
• The safety of the protected party
• The nature of the underlying case
• Any evidence of reconciliation or continued threat

• Contempt of court
• Revocation of bond
• Additional criminal charges (like stalking or intimidation)

In Mississippi, Youth Court handles cases involving minors under 18 who are accused of delinquent acts, are in need of supervision, or are victims of abuse or neglect. It operates under the Mississippi Youth Court Act (Miss. Code Ann. § 43-21-101 et seq.) and focuses primarily on rehabilitation and the best interests of the child, not punishment.

Juvenile defense in Mississippi involves a legal process that's separate from the adult criminal justice system, designed to address offenses committed by minors (typically under 18 years old). Here's a breakdown of how it works:

• Youth Court Jurisdiction: Most juvenile offenses are handled in Youth Court, a division of the chancery or county court.  Youth Courts handle cases involving:

• Delinquency – Acts that would be crimes if committed by an adult (e.g., theft, assault).

• Children in Need of Supervision (CHINS) – Non-criminal behaviors like running away or truancy.

• Neglect or Abuse – Protection cases where the child is a victim.

• Status Offenses – Acts illegal only due to age (e.g., underage drinking, curfew violations).

• Intake – Law enforcement or a school official refers a case to Youth Court.

• Detention Hearing – Held within 48 hours if the child is taken into custody.

• Adjudicatory Hearing – Similar to a trial but without a jury; the judge determines guilt.

• Disposition Hearing – Like sentencing; the judge decides the appropriate rehabilitation measures.

Minors have constitutional rights similar to adults, including:

• Right to an attorney
• Right to remain silent
• Right to a fair hearing
• Right to confront witnesses

However, juvenile proceedings are typically closed to the public, and the goal is rehabilitation rather than punishment.

Depending on the severity of the offense and the minor’s history, outcomes can include:

• Dismissal
• Probation
• Community service
• Detention in a youth facility
• Diversion programs (especially for first-time or non-violent offenders)

Having a defense attorney is crucial, especially because:

• The court may appoint a public defender, but private counsel often allows for more focused attention.

• An attorney can argue against detention, advocate for diversion or counseling, and challenge transfers to adult court.

A child 13 years or older may be transferred to circuit court for serious felonies (e.g., murder, armed robbery) after a transfer hearing in Youth Court. This decision is not automatic and can be contested by the defense.

§ 43-21-157(1) If a child who has reached his thirteenth birthday is charged by petition to be a delinquent child, the youth court, either on motion of the youth court prosecutor or on the youth court’s own motion, after a hearing as hereinafter provided, may, in its discretion, transfer jurisdiction of the alleged offense described in the petition or a lesser included offense to the criminal court which would have trial jurisdiction of such offense if committed by an adult. The child shall be represented by counsel in transfer proceedings.

§ 43-21-157(6) If the youth court transfers jurisdiction of the alleged offense to a criminal court, the youth court shall enter a transfer order containing:

(a)Facts showing that the youth court had jurisdiction of the cause and of the parties;

(b)Facts showing that the child was represented by counsel;

(c)Facts showing that the hearing was held in the presence of the child and his counsel;

(d)A recital of the findings of probable cause and the facts and reasons underlying the youth court’s decision to transfer jurisdiction of the alleged offense;

(e)The conditions of custody or release of the child pending criminal court proceedings, including bail or recognizance as the case may justify, as well as a designation of the custodian for the time being; and

(f)A designation of the alleged offense transferred and of the court to which the transfer is made and a direction to the clerk to forward for filing in such court a certified copy of the transfer order of the youth court.

• Closed Hearings: Proceedings are confidential to protect the child.

• No Jury Trial: Cases are decided by a Youth Court judge.

• Right to Counsel: Children have the right to a lawyer; one will be appointed if the family cannot afford one.

• Focus on Rehabilitation: Programs might include counseling, probation, drug treatment, or placement in a juvenile facility.