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Questions Answered by Arthur Calderon
1 Answer | Asked in Criminal Law for Mississippi on
Q: I have a question if im guilty of food stamp fraud will i go to jail
Arthur Calderon
Arthur Calderon answered on Jan 16, 2022

It really depends on the facts and circumstances of your case, as well as your background. Regardless, it is most definitely going to be in your best interest to get with an experienced criminal defense lawyer sooner rather than later.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Does the violent code have to be on your indictment to be considered a violent offender?
Arthur Calderon
Arthur Calderon answered on Jan 13, 2022

No. With the way that it works in Mississippi, there are certain crimes that are statutorily automatically considered violent felonies, so it would not have to be included on an indictment that the underlying crime is considered a violent crime.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Would possession of Viagra be considered a possession of a controlled substance charge in the state of MS?
Arthur Calderon
Arthur Calderon answered on Jan 13, 2022

Assuming that you do not have a valid prescription for it, if you were arrested and had it in your possession, you very well could be charged with possession of a controlled substance or some other related crime.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If I haven't been to court since I've been arraigned a year ago shouldn't my case be thrown out by now
Arthur Calderon
Arthur Calderon answered on Jan 13, 2022

Not necessarily. Even though a person has been arraigned and some time goes by, that does not automatically mean that the case gets thrown out. Rather what that does do is strengthen the possibility of there being a speedy trial violation, since the State only has a certain amount of time to take... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Police served warrant but had wrong address on it. The confiscated property similar to someone's stolen property

If burglary victim has no serial numbers and my iyltems are similar how can i b charged with burglary or theft

Arthur Calderon
Arthur Calderon answered on Jan 9, 2022

It really depends on several factors, such as who the warrant was meant to be served upon. While there is nothing necessarily wrong with it having the wrong address on it, it really depends on how far off the address is, and more importantly who it was meant for. The other thing to consider is what... Read more »

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: What do I do if people are living on land I purchased from the state?

I received my patent for tax forfeited lands. I went to visit the property and was told by neighbors. People who were living there appeared a year ago with paperwork saying they owned the land. There is little information on what to do next. I was told by sec of state office, my patent is the only... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 9, 2022

From the looks of it, you may need to consider getting law enforcement involved to effectively escort the people off of the land. Assuming that they have no legal interest in the property, then they are trespassing.

1 Answer | Asked in Uncategorized for Mississippi on
Q: I have court Thursday on a petty larceny charge I need legal advice

I had no knowledge of the fact that my friend and I did not have permission to be on his uncle's land. My friend put some things in my truck and I helped him load an item. But I didn't know that we weren't supposed to be on the land and was didn't know that the things he and I... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 4, 2022

It really depends on a few things; however, if this if your first charge, then there is a greater likelihood of no jail time. That being said, it sounds like you may have a viable defense, particularly depending on what the other person told officers and what the investigation revealed. Either way,... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If you have dropped charges on a individual and the state has took the case do you still have to go to court and testify
Arthur Calderon
Arthur Calderon answered on Jan 4, 2022

It really depends on a few different things; but mostly, it depends on whether the state has issued a subpoena to have you appear and testify. Assuming so, the subpoena is effectively a court order requiring your appearance.

2 Answers | Asked in Criminal Law for Mississippi on
Q: Are repo drivers allowed to be confrontational?

I was at a gas pump and a repo truck rolls up and both guys get out prior I hop in my car trying to leave at this point one of them is trying to block me from leaving and the other one opens the drivers door and is pushing his arm in my neck attempting to get keys out of the ignition I was able to... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 4, 2022

It is most definitely in your best interest to reach out to a lawyer sooner rather than later, as there appears to be a level of liability that can be established against the repo company, ESPECIALLY since this was at a gas pump and assuming that the lawyer can get surveillance footage ASAP.

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1 Answer | Asked in Bankruptcy, Personal Injury, Traffic Tickets and Banking for Mississippi on
Q: Trying to get a lawsuit

Lawsuit on Greenville police department, Sheriff department and sexual harassment on ambulance driver

Arthur Calderon
Arthur Calderon answered on Jan 3, 2022

Unfortunately, without more information, there is not enough information to go on. I would highly recommend that you reach out to a lawyer to go over the facts and circumstances of your case, so that you can determine what can be done.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Mississippi on
Q: Pulled over in MS and had 30 grams of Marijuana, 0.1 grams (one tenth) of methamphetamine, and about 15 x pills on them.

The person they were riding with had their gun in the car so the charges were enhanced? First time offender so what's the worst case scenario? What kind of time are they looking at?

Arthur Calderon
Arthur Calderon answered on Jan 2, 2022

They are looking at some considerable time, given the number of dosage units involved. That being said, even with a firearm enhancement, there is still a possibility of having it resolved with minimal or no jail time; however, it all depends on the circumstances. I would highly recommend reaching... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Mississippi on
Q: My husband was sentenced to life without parole for murder. His rights were violated, what can we do?

He was sentenced to life without parole in Mississippi. 4 of his first amendment rights were violated and evidence came up missing during trial. What steps should we take to get his sentence reduced?

Arthur Calderon
Arthur Calderon answered on Dec 21, 2021

There is very little in terms of getting his sentenced reduced if he was found guilty for murder. Given what you have said, it may be worth it to look into a motion for post conviction relief, assuming that his lawyer has exhausted all appeals.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: How much time is he looking at if it was a year later after he got caught

My husband and one of his friends got caught spotlighting and a gun was in the truck. They took the gun gave it back to his dad. He went to court, paid his fine and that was it, a year later the feds got him for it. He had already went to court over it .what's going to happen

Arthur Calderon
Arthur Calderon answered on Dec 21, 2021

There really is no telling, without knowing the exact charges on the federal side. Even though he may have paid a fine in state court, if there is a violation of federal law, then the relevant federal agency can also pursue it.

1 Answer | Asked in Uncategorized for Mississippi on
Q: Can you sue someone for hitting you in a workplace?

One of my coworkers got mad and threw a piece of metal at me at work, and it hit me. Is there a way to sue for that?

Arthur Calderon
Arthur Calderon answered on Dec 17, 2021

More than likely, this would be something that is covered by worker's compensation. Your best bet is going to be to get with a workers comp lawyer to go over the details of what happened, as well as to discuss the nature of your injuries.

1 Answer | Asked in Medical Malpractice for Mississippi on
Q: Is it malpractice if you weren't able get in patient portal until 2021 but noticed doctor never told you about condition

Saw finally in 2021 portal I had 2 lab tests flagged to point I had hypothyroidism in 2016! He never discussed or diagnosed me with it! It wasn't until 2018 when I had thyroid storm and another doctor had to diagnose me with hypothyroidism.

Arthur Calderon
Arthur Calderon answered on Dec 13, 2021

It really depends on the circumstances. If the doctor diagnosed and the did not advise, then it would depend on whether there was a follow-up where the doctor could inform the patient of the diagnosis.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Municipal Law for Mississippi on
Q: If an officer does not have on body and car cam and also does not read me my Miranda Rights what happens to the case.
Arthur Calderon
Arthur Calderon answered on Dec 13, 2021

It would severely weaken the prosecution's case; however, it does not necessarily make it go away. What ultimately happens depends on the facts and circumstances that occurred, as well as what is presented at trial.

1 Answer | Asked in Civil Rights for Mississippi on
Q: How do I get a motion of discovery in Ms?
Arthur Calderon
Arthur Calderon answered on Dec 6, 2021

Typically, you or your attorney can get a copy of your discovery by formally requesting it from the other side, at which point the other side is obligated to provide a copy.

1 Answer | Asked in Criminal Law for Mississippi on
Q: In Mississippi's law how much money is required for a felony robbery
Arthur Calderon
Arthur Calderon answered on Dec 3, 2021

In Mississippi, there really is no money requirement for it to be considered robbery. All that is required is taking something from someone's person by violence or threat of violence.

1 Answer | Asked in Criminal Law, Animal / Dog Law, Domestic Violence and Medical Malpractice for Mississippi on
Q: I have been accused of and charged with Simple Domestic Violence... She's lying as to how she obtained a bump on her ey

After I was taken away my exgf, who's invitation was recended to my home... used a non authorized key.... She stole 2 phones and an I pad that was basically new all individually worth over $500 and I want to discredit her as well due to the fact she's a habitual liar and a theif...

Arthur Calderon
Arthur Calderon answered on Dec 3, 2021

From the looks of it, you have a case that should go to trial, particularly given the circumstances of her entering your home. Your best bet is going to be to contact an experienced criminal defense attorney to walk through the facts and circumstances of what happened, especially when it comes to... Read more »

1 Answer | Asked in Criminal Law and Family Law for Mississippi on
Q: Is it legal for a conservator "borrow" money from their conservatee's bank account, and put it back later?

Conservator took money out of her ward's bank account without telling her. When ward checked bank balance, she noticed money missing. conservator stated that she needed to borrow it and told her ward, "Don't worry, I will replace it".

Arthur Calderon
Arthur Calderon answered on Dec 3, 2021

A conservator is supposed to act in the best interest of the ward, which means that a bank account that belongs to the ward should not be used as a source of funds for the conservator, even if the conservator is using it as a loan.

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