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Mississippi Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: Being held for questioning an it’s been more than 72 hours now changing me with burglary that I didn’t do

Just cause someone said they seen a guy with 2 boat motors a weed eater an chainsaw but the chainsaw and weed eater belong to my boss I was with my girlfriend all day an night

Arthur Calderon
Arthur Calderon answered on May 19, 2022

From the looks of it, you have an alibi defense that the state would have to overcome in order to gain a conviction. I would highly encourage you to reach out to an experienced criminal defense lawyer to see what can be done to help you out.

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Employment Discrimination for Mississippi on
Q: I NEED TO FILE EEOC RIGHT TO SUE LETTER BY JUNE17. HOW CAN I FIND SOMEONE?

EMPLOYER HAS 400 EMPLOYEES AND OWNER PARENT COMPANY HAS 10,000

Arthur Calderon
Arthur Calderon answered on May 19, 2022

I would highly encourage you to reach out to an experienced lawyer to handle this. You can reach out to any attorney on this platform by clicking the contact information next to their name. Most lawyers, including those at my office, offer free consults to see what can be done to help you out.

1 Answer | Asked in Juvenile Law for Mississippi on
Q: Juvenile charged with. Terroristic threat
Arthur Calderon
Arthur Calderon answered on May 19, 2022

Without more information, it's hard to determine what you are asking. You should probably reach out to an experienced criminal defense lawyer, as those types of charges can be incredibly tricky.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Can a person be sentenced as an Habitual Offender pur. Miss. Code Ann. Sec 99-19-83 without evidence at hearing

During the sentencing hearing the State failed to submit any competent evidence that defendant qualified under M.C.A. section 99-19-83

Arthur Calderon
Arthur Calderon answered on May 19, 2022

Usually, the state has to put forth evidence of the prior convictions in order for the 83 enhancement to apply; however, they can get around that if the defense stipulated to the prior convictions.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Does Mississippi law deprive the circuit court of jurisdiction when the multi-count indictment fails to charge a crime?

The multi-count indictment failed to charge an essential element of armed robbery. But through jury instructions the elements was submitted via constructive amendment.

Arthur Calderon
Arthur Calderon answered on May 19, 2022

That's a big one. If the indictment failed to charge an essential element, then that should mean that the indictment was fatally defective, and therefore subject to dismissal. If there is a substantive amendment, then that would mean that it would be required to go before a grand jury, rather... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Is it possible under Mississippi Law for a single defendant to be convicted of conspiracy?

Three Defendant’s was charged with conspiracy to committ armed robbery and aggravated assault via multi-count indictment but only one defendant was convicted of conspiracy

Arthur Calderon
Arthur Calderon answered on May 19, 2022

Mississippi does recognize what is called a unilateral conspiracy; however, the prosecution has to be very particular about what they allege and how the facts lead to a conspiracy. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Mississippi on
Q: I am facing trafficking charges possession of cocaine meth and marijuana dui and speeding
Arthur Calderon
Arthur Calderon answered on May 13, 2022

That's pretty rough, especially since the trafficking charge carries a mandatory minimum. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and see what can be done.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: My fiancé has 3 counts of receiving stolen firearms but she wasn't caught with any weapons and they didn't find any gun

Is there a way we can get her bond reduced or any other way to get her out. She is willing to do whatever it takes to get home to me and the kids

Arthur Calderon
Arthur Calderon answered on May 13, 2022

It really depends on the facts of the case. Assuming that your fiance is a first time offender, then there is a greater likelihood of her getting her bond lowered to something more reasonable. I would be more concerned about why law enforcement is charging her when she did not have them in her... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Mississippi on
Q: What would happen if someone is under 21 and has weed?

How much jail time are you looking at?

Arthur Calderon
Arthur Calderon answered on May 13, 2022

Even though they are under 21, they could still be facing some jail time; however, it always depends on the circumstances, like the amount of weed, circumstances of the person having the weed, etc. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... Read more »

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: What if the ticket I got have the wrong year of the car on it will the judge dismiss it?

Got 2 tickets today for no license and not stopping at a stop sign. But the officer wrote on both tickets it's a 2023 the year of the car. But it's a 2002 model.

Arthur Calderon
Arthur Calderon answered on May 13, 2022

Unfortunately, with the way that traffic tickets work in Mississippi, the fact that the law enforcement officer wrote down the wrong year does not automatically lead to a dismissal, as it is considered a simple error.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: What if the traffic ticket got the wrong year of the car on it. It's a 2002 Chevy Impala not a 2023 Chevy Impala.

I got 2 traffic ticket yesterday. Both of them got the year of the car 2023 but it's a 2002 model. Can I get both of the tickets dismissed by a judge because of that mistake?

Arthur Calderon
Arthur Calderon answered on May 13, 2022

Unfortunately, with the way that traffic tickets work in Mississippi, the fact that the law enforcement officer wrote down the wrong year does not automatically lead to a dismissal, as it is considered a simple error.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: If passing a dangerous vehicle and you need to go over the speed limit momentarily to pass ? Is this illegal?

The vehicle is swerving and its a two lane straight away ,I speed up just to pass and then return to the speed limit is this illegal?

Randy Bryan Ligh
Randy Bryan Ligh answered on May 9, 2022

If you are travelling over the speed limit and you are pulled over for speeding, then it's a valid ticket. You have the right to contest the ticket and depending on the circumstances you might prevail. The best chance at prevailing would be if you had a traffic ticket attorney representing... Read more »

1 Answer | Asked in Probate for Mississippi on
Q: How can I find probate documents for my deceased mother who passed away November 6 2020
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on May 5, 2022

Go to the Office of the Chancery Clerk in the county in which your mother resides at the time of her death. You can give one of the deputy clerks your mother’s full name, and they will help you pull the file and allow you to make copies.

1 Answer | Asked in Child Custody for Mississippi on
Q: Can I get emergency child custody of a 16 year old whose parent abandoned him.

The mother abandoned him as well as his 3 other siblings whom I am the father of and moved to TN.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on May 4, 2022

I am unclear about whether you are the father or stepfather was of the child in question. You don’t say anything about the natural father being present in the child’s life, so I will assume he is not. You may petition the chancery court in the county in which the child lives and ask for... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Mississippi on
Q: What is a bench trial?

Judge Trial

Arthur Calderon
Arthur Calderon answered on May 1, 2022

I bench trial occurs when a party waives their right to a jury trial, and allows a particular matter to proceed to trial with just the judge, meaning that the judge makes all decisions regarding the law AND concerning facts.

1 Answer | Asked in Uncategorized for Mississippi on
Q: I was issued a summons on April 21, 2022 to appear in court on May 17,2020. Is this summons legally binding?
Arthur Calderon
Arthur Calderon answered on Apr 29, 2022

With a summons, if you do not appear for court on the designated day, then you run the risk of there being a default judgment entered against you.

1 Answer | Asked in Child Custody for Mississippi on
Q: He has been mailed out 2 contemp courts letters this the second one this year he was ordered 6 years ago to pay 700 mint

700 monthly he's an mortician they just sent the second contemp court order two weeks ago I did not have to be present

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 28, 2022

What is the question?

1 Answer | Asked in Child Support for Mississippi on
Q: 21000 behind it's down to 17000 got a lump sum 2022 this month of 4000 he was ordered years ago just started paying when

When does he has to make next lump sum payment

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 28, 2022

You have to look at the order regarding how he must pay the child support. more than likely there is not a requirement to pay lump sums in specific intervals, except for the monthly support amount. The question is have you had him cited for contempt. If he is not paying and is this far behind, you... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Mississippi on
Q: What do I need to do to secure my minor son’s inheritance from his fathers estate, without help from his family?

I have only seen the Will of my son’s late father, who passed in 2021. The will leaves everything to our son. However, his parents took control over his businesses, properties, vehicles, guns, accounts, everything. His father is the executor and has not told me a single thing about what is... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 27, 2022

You should file a objection with the Court and inform the Court what is going on. There is no reason for the beneficiary to be homeless if there is a house that has been left to him. You can get a copy of the Will from the courthouse. Go to the Chancery Clerk’s office in the county where your ex... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: If my child’s father terminated his rights, what do I do about the child support review letter from DHS?

My child is 7. Has never seen her “father”. We just finalized court, he terminated his rights, I agreed. Everything is sealed and done. But I did apply for food stamps. I received a letter: Notice of Right to Request Review. I’m not sure what to do at this point considering rights are... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 23, 2022

You should send DHS a copy of the termination order.

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