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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: My husband was pulled over refused a search so they took him to jail so they could search its been way over yr

Just now indited

Arthur Calderon
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Arthur Calderon
answered on Aug 14, 2022

Sounds to me like your husband is definitely going to need to speak with a lawyer about the facts and circumstances surrounding his charges, as well as the search.

1 Answer | Asked in Traffic Tickets and Criminal Law for Mississippi on
Q: If I was given a very vague ticket for posses. with wrong info also , could i have the ticket dismissed ?

was pulled over by a cop who’s known to be dirty. he saw me at gas station, never says a word to me , but as soon as I pull out of parking lot pulls me over. Wasnt even maybe 5 yards from parking lot of store when he pulled me over. Never gave me a reason as to why , or asked me my name or my... View More

Arthur Calderon
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Arthur Calderon
answered on Jul 27, 2022

It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for Mississippi on
Q: Can a cop give u a ticket for possession but under explanation only put N/A , and not specify what he found or how much
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can a cop put information on his police report but only put N/A under explanation on my ticket ?

Was given a ticket for possession but on the ticket it only says possession of controlled sub (, schedule 1 OR schedule 2)? Under explanation the police officer only put N/A , and nowhere on the ticket does it say what substance he found exactly. Or even the amount that he allegedly found anywhere... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can cops in mississippi issue tickets but never file them without getting caught or without it being known they didn’t
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

It can most definitely happen; however, it turns into a question of whether they ever file it and, if so, when they file it. The best thing to do will be to periodically check back with the court to see if the ticket was filed. That being said, if you were given a copy of a ticket with a court... View More

1 Answer | Asked in Insurance Bad Faith and Criminal Law for Mississippi on
Q: Have sum bad cops n sum cases wrtten a ticket bc u pissed them off but nvr filed bc they kno their procdure was unlawful
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

It can most definitely happen; however, it turns into a question of whether they ever file it and, if so, when they file it. The best thing to do will be to periodically check back with the court to see if the ticket was filed. That being said, if you were given a copy of a ticket with a court... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Please answer!! If I got a traffic ticket the same time as an affidavit will it still show up on myfinepayment.com ?
Arthur Calderon
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Arthur Calderon
answered on Jul 27, 2022

Without knowing the ins and outs of how the website works, there is no way to know. Typically, on public information websites, the only thing that will show up are tickets and charges, and not necessarily affidavits.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Is Charge 1-41-29-144 Controlled Substance: Fraudulent Transfer/Possession of prescription a federal offense?

The case was dismissed on April 21, 2022, via Pre-Trial Diversion. How do I get my record expunged

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

If the case was dismissed via pretrial diversion, then the best thing that you could do to have your record expunged is get with a lawyer, who can draft and submit the necessary paperwork to get the case expunged.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Workers' Compensation for Mississippi on
Q: I know this is a long shot or if anything will come of this besides my answer I'm looking for or if anything can be done

I live in a small town in Mississippi as where the police dept I believe don't just do their job in some aspects but go far above and beyond the area of rights and I feel the deliberate disregard for one's rights giving the date place. And whom they are stopping!!! It's as if... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 24, 2022

Without more information, it's very hard to answer your question. Generally speaking, officers and prosecutors have a lot of discretion when it comes to prosecuting or pursuing charges against a person. Even if charges are filed, they can decide to drop the case or drop only certain parts of it.

1 Answer | Asked in Criminal Law for Mississippi on
Q: WHAT DOES INACTIVE SUPERVISION FROM PROBATION MEAN? THANK YOU
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 24, 2022

That should mean that even though the person is currently on probation, they do not have to check in with a probation officer on a regular basis.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If over half ticket says n/a and multiple parts of the ticket are not correct can my charges be dismissed

Possession charge. Was pulled over and not given a reason as to why he was pulling me over , he never asked for my insurance or for my registration , never asked for the name of my passenger , searched me without giving a reason even when I asked , got the zip code and model of my car wrong , and... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 24, 2022

Potentially. Tickets, like all other charges, are supposed to have enough information to advise the person of what they are being charged with. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts and circumstances of the case, particularly the stop,... View More

Q: If the officer pulled me over without reason & violated multiple rules n conduction of stop , would he even file charges

Have there been certain circumstances where a ticket or affidavit isn’t filed because the officer knew he did multiple things wrong

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 24, 2022

It really depends on the circumstances. Lots of officers will still file charges regardless of their own conduct; however, if an officer has said that they are pressing charges, then the best thing to do would be to follow up with the local court periodically to see if they did.

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... View More

Arthur Calderon
PREMIUM
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... View 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... View More

Arthur Calderon
PREMIUM
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... View 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
PREMIUM
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... View 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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

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