Criminal Defense

Full Service Criminal Defense in Mississippi

I have devoted my practice to those who have been investigated for, arrested, or accused of criminal offenses, for more than 30 years. I practice criminal defense law exclusively, handling all types of state and federal criminal charges, from misdemeanors to serious felonies. My extensive criminal defense experience includes the handling of 46 death penalty cases. Contact me today to discuss your criminal defense matter with a knowledgeable lawyer.

I am dedicated to providing personalized service to my clients to aid them in coping with the stressful and traumatic experience of a criminal accusation. With every client, I make every effort to:

• Be accessible in order to answer questions and alleviate concerns.
• Keep my clients informed about the status of their case.
• Explain the legal process and let my client know what they can expect in their case.
• Explain options and assist clients in making choices.

I handle the defense of all types of crimes throughout DeSoto, Panola, Tate and Tunica Counties and all of northern Mississippi, including, but not limited to, the following:

In addition to representing you in a criminal case, I can assist you in other ways. I pride myself on my extraordinary experience in every aspect of criminal defense, offering assistance in the following areas:

• Investigation/Pre-arrest representation
• Bond hearings
• Forfeitures

Often, particularly in drug arrests and DUI arrests, the government will attempt to take away a defendant's car, cash, house, guns, and other property, by what is called forfeiture under the RICO statute. I regularly fight these attempts by the cities, counties, and the State to enrich themselves at the expense of their own citizens.

• Preliminary hearings
• Pre-indictment representation
• Plea bargain negotiations
• Pre-trial preparation & motions
• Trial
• Post-trial motions
• Appeals

POST-CONVICTION REPRESENTATION

Often, an individual's legal battle continues, even past trial and appeal. I am widely known for my representation of those individuals who have already been convicted but still have need for a lawyer in the following areas:

• Parole application hearings
• Parole application packages
• Parole violation hearings
• Probation violation hearing

Post-Conviction Relief Petition

In Mississippi, a Trial Judge cannot grant a reduction of a sentence which has been entered, commonly called a "Time Cut". However, a post-conviction relief petition (PCR) is available to correct many unjust sentences, trials, or even pleas of guilty. A PCR can be filed up to three (3) years after the entry of a final order, whether the case was appealed or not. I will quote you a flat fee to investigate your case to determine whether there are issues upon which a PCR could be effective in your matter. I am very experienced at investigating, filing, and winning PCRs.

Sentencing Representation / Alternatives

Trial judges in Mississippi are not limited to prison or probation as sentencing alternatives. Judges and prosecutors may also be convinced to consider the following:

• RID - Also known as "Boot Camp". A six (6) month lock-down program which teaches decision-making and self-reliance skills. May or may not result in a felony conviction.
• Drug Court - An intensive five (5) year probation program consisting of treatment (either inpatient or outpatient), twice-weekly drug screens, and weekly court appearances. May or may not result in felony conviction.
• Non-adjudication - A probation program which, if successfully completed, would result in a dismissal of all charges, and no felony conviction.
• Pre-Trial Intervention - A probation program which, if successfully completed, would result in a dismissal of all charges, and no felony conviction.
• House arrest - A sentence alternative allowing the defendant to remain at home under electronic monitoring. Possibly allows work and school attendance. Usually results in a felony conviction.

Expungements

An expungement is a means by which a court can order that the record of your arrest and, in some cases, your conviction be removed from the criminal record books. This is important because potential employers usually run a criminal background check on job applicants, particularly since the events of 9/11. Virtually all arrests which do not result in a conviction can, and should, be expunged. Additionally, most misdemeanor convictions, and even some felony convictions, can be expunged.

It's important to contact me, attorney James D. Franks, as soon as you have an indication that a criminal investigation is underway.

James D. Franks
Attorney at Law
2584 Highway 51 S., P.O. Box 545
Hernando, MS 38632
Map and Directions

Phone: 662-429-5914
Fax: 662-429-1591
E-mail

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