Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Arthur Calderon
1 Answer | Asked in Criminal Law for Mississippi on
Q: What are the newest gun laws for possesion of a firearm by a convicted felon
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 30, 2023

The general gist is that no convicted felon can possess a firearm under any circumstances. That being said, there is case law that does allow for an emergency exception, but that exception is very rare and requires a very particular set of facts in order to be validly used.

2 Answers | Asked in DUI / DWI and Traffic Tickets for Mississippi on
Q: I got ticket for reckless of driving and dwi when I went to court they never called me and the clerk could not find me

Could not find me in there system what should i do

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 30, 2023

That likely means that the officer did not turn in the relevant paperwork. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss further, as there is a possibility that the case could be dismissed.

View More Answers

1 Answer | Asked in Domestic Violence for Mississippi on
Q: I was charged with simple domestic violence and was released on my own recognizance. I never went to court . How long

How long is the statue of limitations on this charge

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 17, 2023

Really, the statute of limitations has been satisfied since you were charged within the relevant time frame. That being said, your case may be dismissed due to the passage of time, depending on how long it has been since you were charged.

2 Answers | Asked in Insurance Defense, Car Accidents and Personal Injury for Mississippi on
Q: Guy ran a stop sign causing me to hit him. He was 100% at fault. It totaled my vehicle. He has full coverage insurance.

The insurance company does not want to pay me. Also stating that I owe them money. Is this right? They've sent me a demand letter.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 13, 2023

It definitely sounds like you need to get with an experienced personal injury lawyer to talk about the facts and circumstances of this case, especially since your vehicle was totaled and the other driver ignored the stop sign. Feel free to reach out to any lawyer on here by clicking the contact... View More

View More Answers

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can someone without a lawyer get a copy of their discovery packet?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 12, 2023

The short answer is yes. A person who is representing themselves can get a copy of their discovery packet by making a formal request with the prosecutor, and the prosecutor is obligated to turn over the discovery packet when requested.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Does a misdemeanor shoplifting charge make a person ineligible to work a job with children in the state of Mississippi?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 6, 2023

Not necessarily; however, the best course of action in a situation like that would be to try and have the charge or conviction expunged from the person's record, so as to avoid any potential issues with eligibility.

1 Answer | Asked in Federal Crimes for Mississippi on
Q: How long it normally take.a grand jury to return a indictment
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 6, 2023

That question is a lot trickier than it sounds. Oftentimes, it can be several months, and sometimes years, before a case is even presented to the grand jury. That being said, at a certain point, the person charged has grounds to request that the charge be dismissed and expunged from their record.

1 Answer | Asked in Criminal Law and Juvenile Law for Mississippi on
Q: Yes if I take my accessory to burglary case to trial being I didn't know what was going on doi serve full ten yrs?

Yes I didn't know my teenager was burglarizing a house she told me she was looking at a cat and froze when she jumped in my car with a safe,if I had went home an called her gang friends hackedin my phone would've gotten her and I would be in same boat is there a chance for state probation?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 12, 2023

It really depends on the circumstances, especially since your teenager is still considered a youth. I would be curious as to whether this is in circuit court or youth court. Regardless, your best bet is going to always be to reach out to an experienced criminal defense lawyer to review the facts of... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I was told I need to file a petition with the circuit court of lauderdale county to be removed off of the sex registry

I am a non resident and do not have to register in the state I got convicted in nor do I need to register in the state I live now. I completed both.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 6, 2023

Yes. Generally, you would need to file a petition in the relevant circuit court to have the requirement lifted, assuming that Mississippi recognizes the offense as one that is eligible.

2 Answers | Asked in Criminal Law for Mississippi on
Q: According to hb 585 2014, armed robbery was turned from a mandatory sentence to being eligible at 50%....Correct????
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 6, 2023

It was clarified a little bit after 2014, but yes, generally, a person would be eligible for release after serving approximately 50% of their sentence. That being said, it still would depend on MDOC, and a person is not necessarily entitled to early release.

View More Answers

1 Answer | Asked in Criminal Law for Mississippi on
Q: Mississippi Code 97-5-33 posting injurious message, can it be expunged?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 9, 2023

Assuming that all terms and conditions of the conviction have been satisfied, then yes, such a charge should be able to be expunged.

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
PREMIUM
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 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
PREMIUM
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... View 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
PREMIUM
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
PREMIUM
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... View 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
PREMIUM
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... View 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
PREMIUM
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... View 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
PREMIUM
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,... View 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
PREMIUM
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... View 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
PREMIUM
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.