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Questions Answered by Arthur Calderon
1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If you have gotten a felony charge and the arresting officer didn’t read you your Miranda rights can the case be demised
Arthur Calderon
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Arthur Calderon
answered on Jan 15, 2023

It really depends on the situation. The failure to tell a person their Miranda rights does not necessarily mean that the case will be dismissed; however, it could mean that any confession or statements made by the person may not be able to come in. Once again, though, it depends on the situation.

3 Answers | Asked in Workers' Compensation for Mississippi on
Q: My dominant hand and about a quarter of my forearm was cut off at work. How much of a settlement should I expect ?

This happened on 11/17/22. I opened a saw up after turning it off to visually inspect a blade. I kneeled down on my knees and the door swung into my back. I reached up and pushed the door back open and I guess my hand hit the button and the saw came back on. As soon as it came on the bottom of my... Read more »

Arthur Calderon
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Arthur Calderon
answered on Dec 6, 2022

This definitely sounds like something that should be covered under workers' compensation. As the other answered indicated, you definitely need to reach out to an experienced workers' comp attorney to talk further, so that your rights are protected. Feel free to reach out to anyone on here... Read more »

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1 Answer | Asked in Criminal Law for Mississippi on
Q: If I was assaulted then later the person claims stalking and we have a hearing do I need a lawyer?
Arthur Calderon
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Arthur Calderon
answered on Nov 7, 2022

It really depends on whether you think that you can adequately defend yourself against the charges that the other person put on you. Your best bet will likely be to have representation, since a lawyer can 1) defend you, and 2) be in a better position to question the other side.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Do you get time for tampering with evidence in Columbus Mississippi

She didn't know it was against the law

Arthur Calderon
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Arthur Calderon
answered on Oct 30, 2022

You can potentially get prison time for tampering with evidence; however, it largely depends on the nature of the evidence and what type of case the evidence was tied to, as well as a person's previous criminal history (if any).

1 Answer | Asked in Car Accidents for Mississippi on
Q: Hi my insurance company paid for my towing service after my accident tow company want send an invoice

After my accident, the towing company was called by the police officer who investigated the accident my insurance send over paper work needed for the company to get paid now the company will not send over the invoice to my insurance company and still have my car

Arthur Calderon
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Arthur Calderon
answered on Oct 26, 2022

From the looks of it, you may want to consider talking with a lawyer to discuss the accident, as well as the steps that you or he may need to take to make sure that the towing company provides the paperwork.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If someone is on papers and they get pulled over and have a firearm how does the feds pick it up before court date

This person was convicted felon and he got stopped for no seatbelt one day and had a firearm and went to jail and was able to bond out and had an upcoming court date but when he reported to his PO the US Marshals had indicted him and I don't understand how or why

Arthur Calderon
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Arthur Calderon
answered on Oct 11, 2022

The federal system tends to work much faster than the state system. The other thing to remember is that the federal penalties tend to be much harsher than the state side, even for something as relatively small being a convicted felon in possession of a firearm. The person's best bet is going... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are you ineligible for house arrest if u have ever been convicted of a crime previously

My public defender sd mdoc told him that was their new policy but I can't find a statute on it anywhere

Arthur Calderon
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Arthur Calderon
answered on Oct 8, 2022

Not necessarily. Usually, house arrest is something that is ordered by the court under statute, and MDOC monitors the person while they are under house arrest.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If you are charged with MALICIOUS MISCHIEF and PETIT LARCENY And live in another state can you get years in jail or pro
Arthur Calderon
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Arthur Calderon
answered on Oct 2, 2022

It really depends on the circumstances, such as whether the person has any previous convictions, amount of property damage, etc. That being said, with the right circumstances, it may end up being a situation where the charge could be nonadjudicated or dismissed with participation in a special... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: In Mississippi. how long does the state have to indict on felony Fleeing? I was arrested Dec 2020. 50k bond. No hearing
Arthur Calderon
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Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long do they have to indict you in the state of Mississippi if you are still being held with no bond
Arthur Calderon
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Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If a building has been condemned for 20 years can yoube charged with burglary of a commercial building or is there some

Kinda like abando laws that could help me with this

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Generally, if the property is abandoned, it could still be considered burglary of a building if there was a breaking and entering with the intent to commit a crime within the building. That being said, depending on the circumstances, the charge could potentially be downgraded to a lower charge,... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Truck in my yard.Driver gets out choked and threw me on the ground,lies about why and arrested me.

Now I've been indicted and court is next month. There's two eye witnesses who stood by watching while this happened. The cop never identified himself as police.

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Since you've been indicted, the first thing that you need to do is get an experienced criminal defense lawyer, as simple assault on LEO cases are very tricky to navigate, and get more complicated as time goes by. There also needs to be an investigation as to excessive force, since that could... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Mississippi on
Q: Not giving my i.d. is that disorderly conduct if I'm sitting in my car in a parking lot?

He came up pulled me out my car as he was telling me why he was there I had found my wallet when he grabbed me it ended up on the ground

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Typically, for it to be considered disorderly conduct, you have to be acting in such a way that it may disturb the peace of those around you.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: My partner and I got into an argument that escalated into me involving the cops. My girlfriend was charged with domestic

Domestic assault with bodily injury. I only had a scratch under my eye. We have remained together. Her ex husband is trying to take their child and the child was in no way involved. Charges happened in TN and I signed an affidavit to try and get them to drop charges since the cops pressed charges... Read more »

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Your best bet is going to be to contact an experienced criminal defense lawyer in Texas, since these charges stemmed from conduct that happened there.

1 Answer | Asked in Car Accidents and Workers' Compensation for Mississippi on
Q: Can I get paid for lost wages if I was not injured in an accident it was my work truck it was insured as a work truck

The lady of course said that she had a green light but there is a witness states that we both had a green light and she ran a red light Causing the accident

Arthur Calderon
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Arthur Calderon
answered on Sep 16, 2022

The short is answer is yes. Assuming that you were injured while working, you should be entitled to workers' compensation, unless your employer fits within one of the exceptions. Regardless, from the looks of it, you have a combination workers' compensation claim and a personal injury... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How can you get bound over for criminal charges for something thats not even a law?

County DA even lied to GJ by telling them im a 2 time felon, which is completely not true. I have always been a citizen

Arthur Calderon
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Arthur Calderon
answered on Sep 16, 2022

Sadly, this is something that happens quite often. The best way to handle something like this is to make sure that the lawyer reviews your entire history and the discovery and file a motion to dismiss or otherwise challenge the DA's representations to the grand jury.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Mississippi on
Q: If my indictment is not marked "filed", nor signed or dated by the clerk, can the judge still convict me?

Ashwell v. State, 226 So.3d 69 (Miss.2017) made it clear that if my indictment is not filed then the judge don't have jurisdiction nor the authority to accept my guilty plea because the court failed to charge me with a crime. Why did the Miss. Supreme Court deny my writ of certiorari after... Read more »

Arthur Calderon
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Arthur Calderon
answered on Sep 6, 2022

It really depends on the circumstances. Even though your indictment may not be marked as filed, the test to determine whether the court has jurisdiction is to see if there was ever an indictment legitimately filed in the circuit court.

1 Answer | Asked in Car Accidents for Mississippi on
Q: In Mississippi can you dispute a at fault claim if no witnesses

I was involved in an auto accident that involved a parked lightweight commercial lawn mowing service vehicle in the state of Mississippi on a residential Rd They had no insurance however I was considered at fault. I was the only witness. THey claim i hit the vehicle from behind, when i got out of... Read more »

Arthur Calderon
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Arthur Calderon
answered on Sep 5, 2022

You should consider speaking with an experienced personal injury lawyer about this matter. Just because you hit the vehicle from behind, does not necessarily mean that you are at fault. For example, if you turned a corner during the night (or even day) and the commercial vehicle was parked in a... Read more »

1 Answer | Asked in Civil Rights for Mississippi on
Q: Can someone press charges on you for trespassing with no proof and have a warrant for your arrest in byhalia, ms
Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2022

The short answer is yes, it does happen. It is incredibly easy for someone to go press charges on someone, even without concrete proof of a crime. The real question is whether there is anything to support a finding of guilt. If it is just one person's word against another's, then you... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Mississippi on
Q: Hi , I was wondering do the state of Mississippi issued warrant for your arrest for trespassing with out proof!!
Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2022

The short answer is yes, it does happen. It is incredibly easy for someone to go press charges on someone, even without concrete proof of a crime. The real question is whether there is anything to support a finding of guilt. If it is just one person's word against another's, then you... Read more »

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