By Bryson Law Firm, PLLC

10/07/2015 A judge has discretion to ban a convicted defendant from a specific geography within the state or from the entirety of the state. The higher courts tend to disfavor banishment and review such orders with increased scrutiny. However, a good defense attorney may suggest banishment as an alternative to prison. If the defendant has ties outside of the state, the defense attorney can suggest that banishment from Mississippi during a suspended sentence and supervised probation makes more sense. Most defendants will agree that banishment is better than almost certain incarceration.