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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: does this plea agreement mean I go to prison? 16 yrs in custody, 11 yrs suspended, 5 yrs supervised probation?

I have two charges both resulting of two offers, (both the same) that I have mentioned above, to run consecutive on a sale charge in MS. I have no priors. I need to know if I have to go to prison or not because I have to ensure my children have adequate supervision as I don't have any family... Read more »

Arthur Calderon
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Arthur Calderon
answered on Jun 27, 2022

Under the plea offer as given, it would seem that you would serve some time in MDOC custody; however, how long you actually remain in custody (more specifically, the possibility of earned time) is going to depend on the nature of the charges. Some allow you to become eligible for release after... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Mississippi on
Q: Allegedly I sold 0.141 g meth then re-met to give 0.237 more to C.I Indicted 2 felon sale chrgs is this Double jeopardy?

I have been indicted on to sell charges both with enhanced penalty from being by a church. I am a first-time offender. Question here is does double jeopardy exist in my case? Also I'd like to know opinions on what to expect for sentencing in Mississippi. The plea offer in its entirety is 32... Read more »

Arthur Calderon
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Arthur Calderon
answered on Jun 26, 2022

You really need to talk to your lawyer further, and refrain from giving details about your case on an open platform like this. As to the double jeopardy, that only applies if you have been tried twice for the same crime or if your liberty is put at risk twice for the same offense.

1 Answer | Asked in Criminal Law and Civil Litigation for Mississippi on
Q: I put a peace bond on my ex boyfriend because boyfriend pushed me to file a peace bond on him.

We were sleeping together and my boyfriend found out. We have broken up and I want to remove the peace bond on my ex. How do I do that

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 26, 2022

You will need to go back to the court that issued the peace bond and ask for it to be vacated.

1 Answer | Asked in Criminal Law for Mississippi on
Q: does two offers of 16 yrs in the custody,11 suspended, 5 on supervised probation to run concurrent indicate prison time?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 21, 2022

This question has been answered. The only difference between this question and the previous question is that when the sentences run concurrently, the run at the same time. In other words, instead of 10 years supervised release, it is actually 5. You need to talk to your attorney if you are having... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Mississippi on
Q: Can I own a gun if my husband was innocent but plead guilty to a domestic violence charge with ex 25 years ago

We live in Mississippi. He was charged in Virginia

Arthur Calderon
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Arthur Calderon
answered on Jun 12, 2022

From the looks of it, there is nothing prohibiting you from carrying or owning a firearm. The key question is going to be whether your husband has access to it, as well as the nature of his conviction. If it is a felony, then he cannot have any possession of any firearm unless he gets his record... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I need to know if a juvenile is charged with tampering with evidence (gun), could he/she be charge as an adult?

What justify that juvenile being charged as an adult

Arthur Calderon
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Arthur Calderon
answered on Jun 9, 2022

Typically, a charge like that would keep the juvenile in youth court, unless it is a crime that concerns a firearm or is an egregious violent crime.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Being under 18 was the court authorized to convict me as a 99-19-81 habitual offender
Arthur Calderon
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Arthur Calderon
answered on Jun 3, 2022

Unfortunately, if you were charged as an 81, then that likely means that you have at least two prior convictions. Long story short, even though you may be under 18, if you are in circuit court, then you will be treated as an adult unless the prior convictions should have been kept in youth court.

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
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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
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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 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, 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
PREMIUM
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
PREMIUM
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
PREMIUM
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 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 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 for Mississippi on
Q: In ms what constitutes proof of armed robbery? Can a person be convicted based solely on written statement of accuser?

The accused was not found in possession of or linked to ever physically being in possession of any of stolen items nor was the any witnesses nor any video or audio evidence of alleged crime. There were three other alleged robbers who were not identified nor charged. So it is just victims word... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 4, 2022

With the way that it works in Mississippi, a person can be convicted based on the testimony of one eye witness; however, there is usually different things that have to be taken into account, such as how familiar the witness was the accused, the conditions at the time, etc.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If there are 5 people involved in a crime and a person went to prison for 3 years got out had 5 years left and was payin

For the restution and they come picked him up do he have to serve time for the other people and pay there fines

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2022

Usually not. Each person who is sentenced can only serve the time for which they were sentenced and pay the fines that the court ordered for their particular case.

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 »

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