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Mississippi Questions & Answers
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 Probate for Mississippi on
Q: My son conned my father out of his entire estate. I am the oldest child. How do I contest the will?

My son was adopted by my parents at an early age. My father believed my son conned him out of his estate shortly after my mother passed. I have an audio recording of my father telling my son this and that he wanted it changed back into his name. My father also stated that my sister and I have just... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 26, 2022

Hire a competent MS attorney today. More than likely the SOL for an Eviction proceeding is blown, and you are still in possession. The owner/plaintiff will probably have to file an Ejectment suit which is expensive and difficult.

1 Answer | Asked in Personal Injury for Mississippi on
Q: What is the US Civil Statute to be cited in a personal injury due a faulty elevator at a VA Hospital?

Due to the elevator falling and abruptly stopping between floors and when I was rescued out I had suffered damages to my leg and had three surgeries, with the last one being a total knee replacement

Andrew Charles Burrell
Andrew Charles Burrell
answered on May 23, 2022

This would be a Federal Tort Acts claim and you have a 2 year statute in which to file a SF-95 form and prove your damages. Failure to file such form could result in your claim being lost and denied. You need to seek consultation with an attorney in your area to discuss your rights and claim for... Read more »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Mississippi on
Q: No matter the situation when filing child support will the woman always win if the man was abusive in the relationship?

The man was physically and mentally abusive. Will the woman win full custody for this reason no matter what.

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

One of the factors that the court will take into consideration is whether violence has been perpetrated by either party during the relationship, especially if children were present at the time. Our case law and statutes are clear that the party who is found to have been violent during the... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Mississippi on
Q: Grandmother has full custody of 8 week old baby. Both parents in prison. Grandmother wants to sign baby over to someone.

Grandmother is already taking care of 5 children & can’t take care of an infant. She wants to find a good family to give full custody to. Can she do this without parents signing anything also? G’mother is in Louisiana and new family would possibly be in MS

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 21, 2022

Because the child is a resident of Louisiana, Louisiana statues would govern; therefore, you should contact an attorney licensed in that state.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: If a custodial parent files papers for the non-custodial parent to sign over their parental rights on the grounds of

abandonment in the state of MS, and the non-custodial parent is willing to sign them, but the children aren’t being adopted by someone else, will the non-custodial parent still be required to pay child support after they have relinquished their legal rights?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 21, 2022

No. Once the parental relationship is terminated, all obligations cease. The exception is that if the non-custodial parent had accrued a child support arrearage prior to the termination and a contempt action was brought to recover those funds, the arrearage is still owed.

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.

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
PREMIUM
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 Juvenile Law for Mississippi on
Q: Juvenile charged with. Terroristic threat
Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 19, 2022

Without more information, it's hard to determine what you are asking. You should probably reach out to an experienced criminal defense lawyer, as those types of charges can be incredibly tricky.

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
PREMIUM
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 Traffic Tickets for Mississippi on
Q: What if the ticket I got have the wrong year of the car on it will the judge dismiss it?

Got 2 tickets today for no license and not stopping at a stop sign. But the officer wrote on both tickets it's a 2023 the year of the car. But it's a 2002 model.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 13, 2022

Unfortunately, with the way that traffic tickets work in Mississippi, the fact that the law enforcement officer wrote down the wrong year does not automatically lead to a dismissal, as it is considered a simple error.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: What if the traffic ticket got the wrong year of the car on it. It's a 2002 Chevy Impala not a 2023 Chevy Impala.

I got 2 traffic ticket yesterday. Both of them got the year of the car 2023 but it's a 2002 model. Can I get both of the tickets dismissed by a judge because of that mistake?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 13, 2022

Unfortunately, with the way that traffic tickets work in Mississippi, the fact that the law enforcement officer wrote down the wrong year does not automatically lead to a dismissal, as it is considered a simple error.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: If passing a dangerous vehicle and you need to go over the speed limit momentarily to pass ? Is this illegal?

The vehicle is swerving and its a two lane straight away ,I speed up just to pass and then return to the speed limit is this illegal?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 9, 2022

If you are travelling over the speed limit and you are pulled over for speeding, then it's a valid ticket. You have the right to contest the ticket and depending on the circumstances you might prevail. The best chance at prevailing would be if you had a traffic ticket attorney representing... Read more »

1 Answer | Asked in Probate for Mississippi on
Q: How can I find probate documents for my deceased mother who passed away November 6 2020
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 5, 2022

Go to the Office of the Chancery Clerk in the county in which your mother resides at the time of her death. You can give one of the deputy clerks your mother’s full name, and they will help you pull the file and allow you to make copies.

1 Answer | Asked in Child Custody for Mississippi on
Q: Can I get emergency child custody of a 16 year old whose parent abandoned him.

The mother abandoned him as well as his 3 other siblings whom I am the father of and moved to TN.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 4, 2022

I am unclear about whether you are the father or stepfather was of the child in question. You don’t say anything about the natural father being present in the child’s life, so I will assume he is not. You may petition the chancery court in the county in which the child lives and ask for... Read more »

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