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Mississippi Constitutional Law Questions & Answers
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
PREMIUM
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
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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
PREMIUM
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, Appeals / Appellate Law, Civil Rights and Constitutional Law for Mississippi on
Q: What is a bench trial?

Judge Trial

Arthur Calderon
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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 Constitutional Law, Criminal Law and Personal Injury for Mississippi on
Q: If police takes two years to turn case over to da office . Can I sue for not investigating.

I had a person walk in my yard point gun at me and said you know what I am here for . Then beat me with gun . Police came and two years later still had not helped me.

Andrew Charles Burrell
Andrew Charles Burrell
answered on Apr 5, 2022

Under MS law, you would have only 1 year to sue a police department. However, they do not have a time line in which to complete an investigation as toward charging the person with a crime. Your injury claim may be barred against your neighbor as well as it is going to be defined as a intentional... Read more »

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 Criminal Law and Constitutional Law for Mississippi on
Q: If police, do not follow the attorney general guidelines for the use of confidential informants what happen to case

Will informant and Case be inadmissible?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 19, 2022

It does not necessarily mean that the use of the informant or anything from the informant would be considered inadmissible; however, it does open the door for certain arguments to be made, especially to undermine the informant's credibility.

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: If the court does not allow me to challenge the grand jury In Mississippi doesn't that infringe on constitutional right.
Richard W. Noel
Richard W. Noel
answered on Mar 13, 2022

No. There's no constitutional right to challenging a grand jury. Your constitutional right is a finding of probable cause before charges against you can proceed. That's the job of the grand jury. There may be a mechanism in your jurisdiction to challenge. In mine, it is very difficult and... Read more »

1 Answer | Asked in Traffic Tickets and Constitutional Law for Mississippi on
Q: Driving as a RIGHT not a privilege. Requirement of licensing. Below is copied from the case text off Justia's website.

PEOPLE vs. HORTON

Crim. No. 747. Court of Appeals of California, Fifth Appellate District. January 29, 1971.]

THE PEOPLE, Plaintiff and Respondent, v. KENNETH DON HORTON, Defendant and Appellant.

Nonetheless, the RIGHT of the citizen to drive on a public street with freedom... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 30, 2021

What is your question? The excerpt does not mean that the ability to drive is a right. This part of the holding is referring to an individual’s right to operate a motor vehicle free from interference from law enforcement absent a good faith belief, or observation, of criminal conduct on the part... Read more »

1 Answer | Asked in Constitutional Law for Mississippi on
Q: Can you be denied a continuance if your trying to hire another attorney to represent you in trial
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 21, 2021

Yes, depending on the circumstances. Oftentimes, judges will allow a continuance so that you can try to secure private counsel; however, they will also typically give you a deadline to hire a lawyer, otherwise you will have to move forward with a public defender or without representation.

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 Criminal Law and Constitutional Law for Mississippi on
Q: Mississippi laws if someone gave me a stolen gun for self defense after I was beaten but I didn't know it was stolen

And the guy who gave it to me for protection apparently never used his real name with me so I cannot be much help with catching him what kind of time am I most likely facing? Or what can I do to help my case?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 14, 2019

The biggest thing you need to do is get with a lawyer ASAP. There are lots of details that go into mounting a defense in situations like this. I can imagine that you were either arrested or indicted as being in possession of stolen property or of a stolen firearm; however, there are many defenses... 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 »

1 Answer | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Mississippi on
Q: It has been two weeks since I was able to talk to my wife in jail. She has no bond and is on suicide watch in Lee county

She just needs to hear my voice and speak with me. It will help her so much and she'll be better. They will not let me contact her anyway. What options do I have to speak with her? I am desperate

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 6, 2019

Your only option, aside from visiting her during a set visitation day, would be to contact the jail about putting money on her books so that she can use the phone.

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: On my indictment for possession of meth does the actual weight have to be in said indictment
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 21, 2018

Unfortunately, no, they do not have to put the exact weight of drugs into the indictment; however, that may be something that a criminal defense attorney can attack once they receive discovery from the State.

1 Answer | Asked in Constitutional Law for Mississippi on
Q: Okay I xxx was shot in July 31 2016 in my abdomen in which the bullet exited my back authorities here in

Newton county was informed from Me who the alleged shooter was as well as the shooters orchestrator I after being dismissed from hospital went to local headquarters gave my statement both parties had been charged but still my case haven't been heard in front of grand jury and it's now... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 24, 2018

Sadly, no. When it comes to pursuing a case, it is within the prosecutor's discretion as to when the case is presented to the grand jury. In other words, there really is no way to force the local law enforcement or DA into speeding things up.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for Mississippi on
Q: Can a Chancery Judge be sued? If so, under what circumstances (i.e. what actions by the judge COULD warrant a suit)?

(Please change to Mississippi Chancery..Sorry. The mix-up is a long story.)

Thank you.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 10, 2018

You need to ask a Mississippi Attorney. There are no chancery courts in Alabama

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: How long can they hold you in jail with out being indicated in the state of Mississippi?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 28, 2018

The answer depends on different things, such as whether you were already out on a bond when you were arrested for the current charge, etc. With prolonged detention, and depending on the facts, you may have grounds to allege a speedy trial violation, particularly where the time that you’ve spent... Read more »

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