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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Mississippi on
Q: My wife and I are split up. She got in a fight with a girl and the next morning she files a police report saying I hit h

Her and put a restraining order on me. And while I was at work her and the police came to my mom's and forced her to give her my kids. Now she won't let me see my kids. What do I do.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Aug 1, 2021

You should have a hearing on the restraining order, and if you can prove that you did not assault her, the order will be lifted. Other than that, I would file for divorce immediately, ask for a temporary hearing, and fight for custody of your children.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have been told by two different lawyers, today, that hindering prosecution is a felony in Mississippi,

and is not eligible for expungement. This clearly says it's a misdemeanor. I'm very confused. Can you tell me which it is?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 29, 2021

Hindering prosecution is a felony in Mississippi; however, it is not one of the listed felonies ineligible for expunction once certain elements have been met. You must have paid all fines, assessments, and restitution ordered. You must have served all of the time ordered. Five years must have... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Talking to a juror after my trial

If I was found not guilty in a trial can I contact a member of my jury to ask questions about how they came to not quilty?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 27, 2021

Why would you want to do that? It is sometimes better to leave well enough alone. It can be viewed as harassment or an attempt to intimidate.

1 Answer | Asked in Traffic Tickets and Criminal Law for Mississippi on
Q: pulled over in mississippi all police found was a used syringe and wrote ticket for paraphernalia wat can i do about it
Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

As much as I hate to give a lawyer answer, the short answer is that it depends. Perhaps most importantly is that it depends on what you told the officer, as well as why there was a syringe in there to begin with. If you or someone you know requires the syringe, and it was simply left in there, then... Read more »

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
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 for Mississippi on
Q: Using forensic interviews in a trial

What if I was waiting trial and have trials in 2 different counties for the same charges of lustful touching, the police used the forensic interviews to determine what, where and how many times I would be charged for. I've had my trial in 1 County that was 1 charge but judge allowed the other... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 14, 2021

If the other witnesses have given testimony regarding their individual allegations and the versions are inconsistent, your lawyer can use the different statements to impeach the witness to show that they are lying or are telling different stories as to what happened.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Using witnesses from another trial in another county.

Ok say you have 1 charge of lustful touching in one county set for trial and 3 counts for 2 different people making same iallegations and 1 is in both counties. Would the 2 from the other county be allowed to be witness saying what their allegations are in the county where there is just 1 count?... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 14, 2021

The answer to your question is maybe. It depends on whether or not your attorney objects to the witnesses and whether or not you are talking about uncharged conduct, charges that have not gone to trial yet, or charges for which you have been previously convicted. The ultimate decision is for the... Read more »

2 Answers | Asked in Criminal Law for Mississippi on
Q: If im found not guilty of lustful touching what are the steps to getting my record expunged and how fast can that happen
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 12, 2021

A conviction cannot be expunged until five years after the completion of any sentence, probation, and fines.

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1 Answer | Asked in Criminal Law for Mississippi on
Q: Suing for false allegations if you have been found not quilty in 1 County but have charges in another awaiting trial

Suing for false allegations if you have been found not quilty of lustful touching in 1 County but have trial for same allegations with same people for same thing in another County. Can you sue even tho you haven't had trial yet in the other?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 12, 2021

The second charge in the second county would be due to an act that took place in that county. If there are allegations of crimes committed in different counties, each county can bring charges against you, even involving the same crime and same victim. An acquittal in one county does not... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: charged in 2 different counties for lustful touching and found not guilty in one county

If im charged in 2 different counties for lustful touching same thing just different places and jury finds me not guilty in one county how does it work in my trial of the other county. I don't understand how that works. Isn't that double jeopardy?

Arthur Calderon
Arthur Calderon answered on Jul 11, 2021

Perhaps, but the facts and charges would have to be for the same incident. There are a lot of subtleties when you start talking about double jeopardy. Your best bet is going to be to get with an experienced criminal defense lawyer and show them all of the paperwork/charges from both counties so... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can you get a bond on a capital murder charge if you didn’t do it and have a recording saying who did it
Arthur Calderon
Arthur Calderon answered on Jul 5, 2021

Mississippi is tricky when it comes to bonds for capital murder. Capital murder by itself is eligible for bond, so long as the proof is not evident. With a recording of someone else saying that they did it, that should be enough to establish a bond, provided that the person wasn't out on a... Read more »

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
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 for Mississippi on
Q: Is it possible to have a guilty misdemeanor conviction of “Contributing to the Neglect of a Child” expunged in MS?

If yes, is there a waiting period post conviction?

Arthur Calderon
Arthur Calderon answered on Jul 5, 2021

It is certainly possible, provided that it is indeed a misdemeanor. Typically, you have to wait at least a year after all of the terms and conditions of your conviction are satisfied in order to get an expunction.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My daughter is afraid he will take her son and ran because he has made threats to do so and he has the means to do it.
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jun 24, 2021

I’m not sure what the question is, but I will tell you that steps can be taken to prevent him from doing so. If after that, he does, then your daughter will have recourse to retrieve her son and punish the ex.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can a person under 13 yrs of age be charged with a crime in MS? Specifically a felony.

In the case of Buddy the dog, the sheriff stated a minor under 13yrs can't be charged with a crime, but on your page someone asked about a 12 yr old and it was said that yes they can be charged with their crime and taken to jail. What was done to Buddy was a felony offense and the boy should... Read more »

Arthur Calderon
Arthur Calderon answered on Jun 13, 2021

It really depends. Typically, a minor can be charged with a felony, but where they end up depends on what the underlying crime is. If it is non-violent, the minor will typically go to youth court; however, if it is a violent crime, it will typically go to circuit court. Regardless, assuming that... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: My boyfriend was arrested in November of 2020 and remains incarcerated at the pike county jail. He has not been indicted

How long can he be held without being indicted

Arthur Calderon
Arthur Calderon answered on Jun 13, 2021

It really depends on a few things, such as whether your boyfriend was already out on bond when he got arrested, what was the nature of the underlying charge, etc. Regardless, unless it is a capital offense or he was already out on bond, he should be entitled to pretrial release. That being said, if... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Ms law for 2 felony shoplifting now charge with misdemeanor. On probation and did time for the 2 others got golden seal
Arthur Calderon
Arthur Calderon answered on May 30, 2021

I'm not entirely sure what you are asking; however, from the looks of it, you would benefit by having a criminal defense lawyer to discuss the facts of your case with you and see what can be done to get you the best possible outcome.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Sell, delivery, transfer of stolen firearm is what I was charged with gun had no firing pin will this help my case
Arthur Calderon
Arthur Calderon answered on May 30, 2021

Likely not. Even if it does not have a firing pin, usually it is still treated as a gun transaction. Your best bet it going to be to get with an experienced criminal defense lawyer to see what the facts of your case are and see what can be done to help you out.

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