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Mississippi Criminal Law Questions & Answers
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
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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 »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is a simple assault on a law enforcement officer conviction is the state of Mississippi a violent or non violent felony?
Arthur Calderon
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Arthur Calderon
answered on Mar 6, 2022

In Mississippi, simple assault on a law enforcement officer is considered a violent felony.

1 Answer | Asked in Criminal Law for Mississippi on
Q: price of a lawyer for an expungement

price of a lawyer for an expungement for felony forgery, 12 years since completed probation, no new charges brookhaven MS

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 4, 2022

It always depends on the circumstances, particularly whether you do actually qualify for an expunction. Your best bet is going to be to reach out to a lawyer who has experience with expunctions and see if they are willing to work with you in terms of the pricing.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I was charged with DV disturbing the peace. Can I still buy guns

Am I allowed to have guns in other states? Theres so many different ways to look at it

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

Generally under federal guidelines, anyone with a Domestic Violence charge on their record won't pass a federal background check to purchase firearms.

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on
Q: Posession of 7.5 grams of psilocybin mushrooms in ms actually less. This includes the bag. It’s more like 3 grams.

Felony or misdemeanor?

Amounts?

Penalty?

Picked from growing naturally

Found in automobile upon traffic stop

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 26, 2022

It's really all going to depend on the amount/weight that the crime lab determines was involved. If low enough, then it would be considered a misdemeanor. Regardless, the main thing is, assuming that you have been legitimately charged, you get with an experienced criminal defense lawyer so... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Yes over two years ago I was arrested for a possession meth charg of haven't been to court I haven't been indicted or an

I have been given an attorney or anything I am talking to anybody about it how long do I have it's been two and a half years how long do I wait to see if they're going to dismiss it or they're going to take me to court

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 18, 2022

The statute of limitations for felony drug possession is 2 years unless you have absconded from the jurisdiction or have otherwise hidden your location such that you could not be served with an indictment.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long has Mississippi have to indict on a smal POS of meth charges

Was arrest over 2years still no indict

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 17, 2022

Even though Mississippi has a statute of limitations on certain actions, that statute of limitations on applies if there has been no activity on a particular case, specifically, an arrest. Since there was an arrest over two years ago, then they have met the statute of limitations. The question then... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Yes in to the state of Mississippi how long do they have to indict you
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 15, 2022

It depends on what crime you are accused of committing. Each crime has a statute of limitations; however, some have none. This question cannot be answered without knowing what the crime is.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My brother-in-law was murdered and the guilty party went free due to withheld information by the DA, what can I do?

The guy who killed my wife’s brother was tried and released because of lack of evidence. Later on it was discovered that the DA withheld evidence that would have found him guilty. Now he can’t be retried for the same case and my wife’s family don’t see any way to receive justice for the... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 15, 2022

Unfortunately, if the suspect has been tried and acquitted, he cannot be retried. You could sue him civilly, but that would probably not do you any good as he is more than likely unable to pay any Judgment. It seems that the only justice for your loved one would be to work to have the DA voted out... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: My boyfriend is on probation in Mississippi. Can his probation be violated without going before a probation hearing?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 6, 2022

Typically, if a probation officer intends to revoke a person's sentence, they will first detain the person, at which point they are required to bring the defendant in front of a judge within a certain amount of time so that they can actually revoke the person's sentence.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How can someone get a copy of all evidence, court records, court transcripts, etc. to help a case?

I’m trying to help my man out on his case & want to know the best way to obtain any information possible on the case. I’ve tried numerous website in the county, surrounding areas and state. I am not having any luck getting the information. I am not in the same state as the inmate so I know... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 27, 2022

Your best bet is going to be to contact the local court clerk and see if they would make a copy of the entire court file for you; however, be warned, they will likely charge a copying fee for the entire file, which could run considerably high.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have a question if im guilty of food stamp fraud will i go to jail
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 16, 2022

It really depends on the facts and circumstances of your case, as well as your background. Regardless, it is most definitely going to be in your best interest to get with an experienced criminal defense lawyer sooner rather than later.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Does the violent code have to be on your indictment to be considered a violent offender?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 13, 2022

No. With the way that it works in Mississippi, there are certain crimes that are statutorily automatically considered violent felonies, so it would not have to be included on an indictment that the underlying crime is considered a violent crime.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Would possession of Viagra be considered a possession of a controlled substance charge in the state of MS?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 13, 2022

Assuming that you do not have a valid prescription for it, if you were arrested and had it in your possession, you very well could be charged with possession of a controlled substance or some other related crime.

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