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Mississippi Criminal Law Questions & Answers
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 »

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 for Mississippi on
Q: In mississippi can you be sentenced as habitual if you didn't go to prison for 1 of the 3 felonies and got probation.

Mississippi law says in order to be sentenced as habitual, you have had to serve 2 prior felony convictions of more than 1 year in a "penal institution". But what if one of those felonies were served and completed on probation?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2022

You can be sentenced as a habitual offender. The only qualifier is whether a person was sentenced to any felony where the punishment could be at least a year in a penal institution, which would include probation.

1 Answer | Asked in Criminal Law for Mississippi on
Q: What is a typical charge for a expungement? My charge was possession of precursors with intent. This happened in 12/2001
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 27, 2022

Expungements themselves are relatively straightforward and inexpensive when compared to other criminal-related matters. I would highly encourage you to reach out to an experienced criminal defense lawyer so that you can discuss the circumstances surrounding the charge, its status, etc.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Ms code 99-15-26 b2 When defendant is put on pretrial diversion program shall the court release the bail bond
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 23, 2022

Pretrial diversion is something that is separate and apart from regular nonadjudication, which the referenced statute deals with. With pretrial diversion, the case is still considered open, and there is typically not any admission of guilt, as much as there is participation in the program with the... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Ms code 99-15-26 b2 -3 When a defendant is put on pretrial diversion program shall the court release the bail bond ?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 23, 2022

Pretrial diversion is something that is separate and apart from regular nonadjudication, which the referenced statute deals with. With pretrial diversion, the case is still considered open, and there is typically not any admission of guilt, as much as there is participation in the program with the... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on
Q: I was charged with felony DUI in 2001, in MS. Is there NE chance I would be able to get my rights back, to hunt & vote?

I was charged in the state of MS, felony DUI. I’m a resident of FL. I was told I would need to go thru MS for this. I’ve been in No trouble whatsoever since this, and as a result of this dui, I haven’t had even a single sip of any alcohol either. This is coming up on 20 years ago that this... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 22, 2022

You will need to hire an attorney for this. The petition will need to be filed in Attala County because that is where you caught the charge. Any attorney in the state can handle this for you.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My son is charged with agg assault. He doesn't work and needs a lawyer. Are there any that will take him pro bono?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 21, 2022

He can sign an affidavit with the court stating that he is indigent, is unemployment, and owns no property. The court will appoint him a public defender.

1 Answer | Asked in Criminal Law for Mississippi on
Q: When I got convicted in 2015,an the HB 585 already passed can the judge take upon himself to sentence me to the 2013 law
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 21, 2022

You were sentenced pursuant to the statute that was in place at the time the crime was committed. The new statute does not apply to crimes committed before it was signed into law, unless it specifically states that it is to be applied retroactively.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are there any laws on criminal defense against confidential informants? Laws that make evidence they provide inadmissibl

Any laws that stop that deem evidence inadmissible or impeaches the confidential informant?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 20, 2022

There are not any laws, at least not in the traditional sense, that make a CI's testimony inadmissible. In terms of the CI's testimony, a lawyer typically relies on case law and the rules of evidence to make an argument to a judge as to whether the CI's testimony should be... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long before a felony receiving stolen property in Mississippi must be thrown out from when i wad first charged?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 19, 2022

The answer to that question is more complicated than most people realize. Assuming that the person has already been charged, if a certain amount of time has gone by, then there is the potential for there to be a speedy trial violation, which in turn could lead to a potential dismissal of the... 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 for Mississippi on
Q: I think they trying serve me papers for bad checks, I haven't had a account in over 10 years with a bank

I haven't had any checks in over 10 years, and I'm trying to see is it a statue of limitations on that issue, plus I'm sure my hand writing isn't on them, I understand they was my checks, so I'm responsible, but I don't have any money, struggling at home keeping my 70... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 18, 2022

It really depends on whether you were ever arrested. If you were, then the statute of limitations does not apply; however, you may end up having a speedy trial issue given the length of time. Regardless, it is going to be in your best interest to either hire a lawyer or have a public defender start... Read more »

1 Answer | Asked in Criminal Law and Legal Malpractice for Mississippi on
Q: Should a lawyer tell you he isn’t the kind of lawyer you need before he tells you to take a open plea.

And also was told some of the charges where dropped but they wasn’t and got the papers after he was sentenced and a lot on it wasn’t true. And the judge made his discussion on letters that was sent in to him.the lawyer wasn’t a criminal lawyer and I have read before you take a open plea you... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 17, 2022

From the looks of it, there may be a potential avenue for post conviction relief; however, it always depends on the particulars of a given case. Your best bet is going to be to get with an experienced criminal defense lawyer to see what, if anything, can be done.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My nephew was told to take a open plea on a criminal charge from a lawyer that wasn’t a criminal lawyer, and the judge

Sentenced him the maximum he says on letters he received. Can the sentence be appealed? Isn’t that misrepresentation? He hasn’t been in no trouble like that and he also can’t read or write very well.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 17, 2022

Pleas generally cannot be appealed; however, depending on the circumstances, there may be an avenue for post conviction relief. Your best bet is going to be to get with an experienced criminal defense lawyer to see what, if anything, can be done.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Why would someone take a open plea ?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 17, 2022

There are pros and cons to taking an open plea; however, it always depends on the circumstances. For example, if the person is being charged for a nonviolent crime, and the prosecutor is offering too harsh of a plea recommendation, then the person may wish to enter an open plea in the hopes of... Read more »

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 Criminal Law for Mississippi on
Q: I live in Indiana. I bought land in MS. Since I won't be living there, do I have to register?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 7, 2022

It is difficult to answer this question because you do not say why you would need to register. However, if you are under a legal duty to register, you will need to follow the requirements of the State and Court in which you were convicted. The best thing for you to do is contact your probation... Read more »

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