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Mississippi Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Mississippi on
Q: I called the police when my window was broken by my ex. When the police arrived. We were OUTSIDE . I was the only one

Standing on my porch. The officers asked if they could come inside the house. I told them no, and pushed the screen door shut . I was then immediately grabbed by the officers and threw me down the steps and immediately grabbed my arms , hit me in the head . TAZED me I my lower back And because my... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 23, 2022

From the looks of it, you may actually have a civil rights case against the law enforcement agency that conducted the arrest. Your best bet is going to be to contact an experienced lawyer to further discuss the details surrounding your arrest. Feel free to reach out to any lawyer on here by... 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
PREMIUM
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 Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Mississippi on
Q: If I withdraw guilty plea in court, and public defender and prosecution tells me the judge will suspend time but doesn't

I withdrew my guilty plea and prepared to walk out of court, the public defender and prosecution team came to me and told me the judge would suspend time from my sentence which the public defender previously stated, but when I finished the plea the judge didn't suspend time, am I entitled to... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2022

This is something that happens quite a good bit. Unfortunately, even though the prosecution and the defender may agree to a particular recommendation, the judge is not required to accept that recommendation. Usually, during the plea hearing, the judge will ask a series of questions to make sure... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: Lawyer promised judge would suspend time in open plea and the prosecution team did as well, but the judge did not.

I plead guilty but had a change of heart and withdrew the plea, I was about to walk out of court and the prosecution team and public defender came to me saying the judge would suspend time, but when I went back to plea he gave the maximum time offered from prosecution.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2022

This is something that happens quite a good bit. Unfortunately, even though the prosecution and the defender may agree to a particular recommendation, the judge is not required to accept that recommendation. Usually, during the plea hearing, the judge will ask a series of questions to make sure... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: Can a judge instruct prosecution to use a withdrawn guilty plea against me in court if I wish to continue to trial?

Judge instructed prosecution to use my plea against me if I wished to go to trial shortly after I withdrew the plea. As I was about to walk out of court, my public defender and the prosecution team told me I should go forward with the plea, and the judge would suspend time off my sentence when... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2022

This is something that happens quite a good bit. Unfortunately, even though the prosecution and the defender may agree to a particular recommendation, the judge is not required to accept that recommendation. Usually, during the plea hearing, the judge will ask a series of questions to make sure... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Mississippi on
Q: I am in desperate need of help. Who can I talk to?

I am in desperate need of help. I am being held in Marshall County Ms and my civil and constitutional rights are being grossly violated along with other inmates. The showers and plumbing have drainage issues and always back up. We have no access to light the lights in the cells do not work and... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 11, 2022

You may want to consider either you or your family contacting an experienced criminal defense and constitutional lawyer to get on board and handle the criminal matter and the civil rights violations. Feel free to reach out to any lawyer on here by clicking the contact information next to their... Read more »

1 Answer | Asked in Civil Rights for Mississippi on
Q: I was falsy arrested and almost killed by an officer on the way to jail. My injuries were severe and now I can't work.

Nobody will return my calls or help me and now I have a court date on bogus charges because I told

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 9, 2022

From the looks of it, you will need to first hire an experienced criminal defense lawyer to defend you on the bogus charges, since the remainder of your case may end up hinging on the outcome of that.

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
PREMIUM
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 Civil Rights for Mississippi on
Q: How do I get a motion of discovery in Ms?
Arthur Calderon
PREMIUM
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 Family Law, Child Custody, Civil Rights and Juvenile Law for Mississippi on
Q: Can Ms cps stop parents from getting medical updates from hospital on baby? I have been cooperating and very involved

My baby is in NICU. MSCps took custody this week. I have called hospital every single day since she was born to check on her. They have restricted the hospital on giving me, her mother, any info. I have done andor currently everything they have asked. They said bc they havent heard my voice in... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 10, 2021

Yes, you have the right, as her mother, to receive medical information of your child, unless you were using that information in an inappropriate manner. If CPS continues to interfere with this right, you may have to contact the social worker’s supervision or go to court and ask that any such... Read more »

1 Answer | Asked in Civil Rights for Mississippi on
Q: My son was walking on highway and was ran over and killed should a alcohol and chemical test not should have been done
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 30, 2021

Ideally, it should have been done. That being said, I would encourage you to consider reaching out to lawyer experienced with criminal law and personal injury, as cases like this tend to have components of both areas.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Mississippi on
Q: Can a witness write a statement an go to court an give t totally different statement
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 16, 2021

Yes, they can, and it happens quite a lot more often that people realize. Usually, whenever a witness does something like that, they are putting their credibility at risk.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: A search warrant was served at my friend's home where I rent a room from them. Can they search my things in my room

I have a lock on the door I was asleep with the door shut. They came in I was naked they uncovered me twice knowing I had no weapons and no clothes on

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 5, 2021

Provided that the warrant was a valid warrant, then law enforcement would be able to search that room with very little exception. That being said, the warrant validity could be challenged, especially if they presented false or misleading information to secure the warrant.

1 Answer | Asked in Car Accidents, Civil Rights and Small Claims for Mississippi on
Q: I need to know if someone can take me to court over a car that is in my name that I was allowing to make the payments on

This family member had paid a year worth in advance of payments and still have two months remaining when I took the car back because she refused to get insurance in her name so it was in my name and we had a agreement a handshake agreement that no one wants to drive the vehicle besides her and I... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 19, 2021

A Mississippi attorney could advise best, but your question remains open for two weeks. It's difficult to predict what could happen in this situation because it is a somewhat unconventional way to sell or transfer a car. There are some loose ends here in terms of ownership, insurance, and... Read more »

1 Answer | Asked in Civil Rights for Mississippi on
Q: It is unlawful to defend a relative from an illegal arrest?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 22, 2020

Typically not. If a person is being unlawfully arrested, then Mississippi law explains that there is a right to defend oneself and others from that unlawful arrest. The tricky part is establishing that the underlying arrest was done illegally (i.e., without probable cause, maliciously, etc.).

1 Answer | Asked in Traffic Tickets and Civil Rights for Mississippi on
Q: I had a warrant from evading a state trooper, but it wasn't me. Only have witnesses

Basically I had a warrant because someone either driving my car, or with a car like mines was running from highway patrol.. so I have all these tickets, but I have witnesses that was with me the whole time. Between my tag being stole the day before, and dropping my car off at the body shop... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 16, 2020

I would still contact a lawyer. Most lawyers on here, myself included, offer free consultations to see how we can help out, and may be willing to work with you.

That being said, if you have the witnesses and documentation, that should be enough to establish reasonable doubt so that you...
Read more »

1 Answer | Asked in Civil Rights for Mississippi on
Q: My ex girlfriend cheated on me with another guy now she's pregnant. All I have is pain and suffering.

What can I do? All I have is pain and suffering. She's dating a alcoholic and a pot head.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 22, 2020

Unfortunately, there is nothing legally that you can do as far as seeking pain and suffering from either the ex girlfriend or the child's father. That being said, if the child turns out to be yours, then you would have parental rights that would attach.

1 Answer | Asked in Personal Injury and Civil Rights for Mississippi on
Q: I filed a excessive force lawsuit on mississippi department of corrections for the behalf of my son who was assaulted

The excesivevforce lawsuit was taken on by an attorney from Jackson MS he recently closed the case in the middle of the demand letter.without a good reason why is that he had higher and better cases to work on .i am still in as and dumbfounded I've already sent a letter to the Mississippi Bar... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 29, 2020

You should definitely reach out to another lawyer about the case to discuss further. I'd be curious to know whether the other lawyer brought the case under the tort claims act or under a 1983 theory. Regardless, you need to reach out to a lawyer ASAP, as there are some very particular strict... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Gov & Administrative Law for Mississippi on
Q: Can a teacher physically restain a student, by forcefully grabbing the student's upper arm (causing bruising)?
William Jaksa
William Jaksa
answered on Sep 25, 2019

The not-straight-forward answer is that they shouldn't ever... BUT there are circumstances when a teacher or any other adult may be justified in physically restraining a student. A teacher is responsible for the welfare of all the student in their charge. If they used force to prevent an... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Mississippi on
Q: is it against the law for the plaintiff's attorney in youth Court to take hearsay & lies & put it in the legal document

& file it with the court?

Tim Akpinar
Tim Akpinar
answered on Aug 24, 2019

This is something you must consult with a Mississippi attorney about, but your question remains open for three weeks. As a general matter, if someone deliberately includes false information in court documents, knowing it to be false and knowing the court will rely on it, that could be a form of... Read more »

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