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Questions Answered by Arthur Calderon
1 Answer | Asked in Criminal Law for Mississippi on
Q: Convicted felon caught with fire arm....
Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

You may need to reach out to a criminal defense lawyer to discuss this matter further... Looking at what you wrote, it is a little vague as to what you would like to know.

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: Will I be responsible for landlord's legal fees if I take them to small claims court and lose?

I am considering small claims court because my landlord has withheld my deposit and is asking for an additional $400. The unit was cleaned completely, with all aspects of their checklist followed, and there was no damage beyond ordinary wear and tear. They included 5 minor damages lumped together,... Read more »

Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

Yes, if you lose, under the rules for these types of claims, you would end up being responsible for their attorney's fees and court costs.

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: Mississippi laws if someone gave me a stolen gun for self defense after I was beaten but I didn't know it was stolen

And the guy who gave it to me for protection apparently never used his real name with me so I cannot be much help with catching him what kind of time am I most likely facing? Or what can I do to help my case?

Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

The biggest thing you need to do is get with a lawyer ASAP. There are lots of details that go into mounting a defense in situations like this. I can imagine that you were either arrested or indicted as being in possession of stolen property or of a stolen firearm; however, there are many defenses... Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: My son was murdered by his son mother. When she is convicted, do I need to petition the courts for sole custody?

Her mother is physically unable to care for him. I do have grandparent visitation with the courts. She said she was going to leave him with her mom, but she is an alcoholic.

Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

Most definitely. My recommendation would be, depending on the living arrangements now, to seek custody ASAP. Regardless, though, custody will need to be established through the court.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: In Mississippi, does an entity or individual have clear title to real property by virtue of a lawful tax conveyance?

Acquired a commercial property through a tax sale legally. Pearl River County legally conveyed the property to an entity I control. Does the entity I control have clear title to the conveyed commercial property and would a title company issue an owners title policy on the conveyed property without... Read more »

Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

Unfortunately, no, there will not be clear title until it is confirmed, because of the fact that the property was acquired through a tax sale.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: If a police officer observe signs of abuse that officer should sign an affidavit his/herself right?
Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

Not necessarily, as law enforcement has a lot of discretion when it comes to filling out affidavits. That being said, there should at least be an incident report documents the interaction between the officer and those involved.

1 Answer | Asked in Uncategorized for Mississippi on
Q: What are the expungement processi in Mississippi? I have notarized documents to proceed. What do I do with them?
Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

That is a much more complicated answer than it may seem. I would highly encourage you to reach out to lawyer to discuss further. Most lawyers on here, myself included, offer free consultations to see how we can help you out, or at the very least guide you in the right direction.

1 Answer | Asked in Criminal Law for Mississippi on
Q: A guy jumped on my car and I slung him off of it with the car. He filed aggravated assault.

I had the girl that is pregnant with his baby in my vehicle. He was waiting when I pulled into drop her off at her vehicle. I stopped halway into the parking spot when I saw him. He starting walking towards my vehicle and yelled something I packed up and tried to get out of there. He jumped on my... Read more »

Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

You need to get with a criminal defense lawyer ASAP. I'd be curious to know if you've been arrested yet. From the looks of it, you have a viable defense, considering that he was the one that initiated the contact.

1 Answer | Asked in Criminal Law and Collections for Mississippi on
Q: Is pleading guilty a conviction in the state of Mississippi?

I was arrested for resisting the service of process. I plead guilty and paid a 500 dollars fine plus court cost.

Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

Pleading guilty is the same as taking it to trial and being found guilty. That being said, the conviction itself is what you were sentenced to (jail time, fines, etc.).

1 Answer | Asked in Workers' Compensation for Mississippi on
Q: I had disc replacement done on my neck, and now I have a hernia should worker comp be responsible for me having the surg

Surgery done. I have been out of work for my back and neck injury for 17 month, after my surgery I start having this cough and when they did the swallowing test they found out that I have an hiatal hernia, what I want to know is, should worker compensation paid for me to have the surgery done.... Read more »

Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

There is a good chance that workers comp should be responsible for the surgery. I would highly encourage you to reach out to an attorney to discuss this matter further. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers, including... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Well on the paper it says simple assault w/o
Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

You may need to clarify your question, as it cut off about half-way through you typing.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Charged with poss of marj with intend found Jan 5 I was in another state arrest Jan 27 17 no idict till April 2019

They did not indict til April 2019 after the two year mark my lawyer says that's not a problems 99-1-5 states different for Mississippi can somebody tell me what I should do or let me know if I'm.miss understand something

Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

It's going to depend on that indictment. I'd be curious to know whether the indictment occurred after the two-year mark of whether you were arraigned afterwards.

1 Answer | Asked in Criminal Law for Mississippi on
Q: In the state of MS if found guilty and convicted of taking of a motor vehicle, first offense, how much time you get?
Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

It really depends on the value of the motor vehicle. That being said, depending on some factors, you may be able to avoid jail time and even having this put on your record. I would highly recommend that you contact a criminal defense attorney to further discuss.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: i was charged with simple assualt dom. violence what can happen to me
Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

Depending on the situation and whether this has happened before, you could be facing a fine, a no-contact order, and some jail time. Your best bet is going to be to contact a lawyer to see if there is anything that can be done to either get the case dismissed or take it to trial.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can I get a Grand Larceny felony in MS dropped to a misdemeanor?

I want to join the NAVY. Im 28 (Joseph Lee Creel). I caught a Grand Larceny, 1st offense, non-violent charge in 2012. Got 4 years, 2 to serve & 2 on probation. Violated by not reporting. Sent back to serve 2 years of which I flat-timed (100% completed). Can I get this lowered to a misdemeanor so I... Read more »

Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

It sounds like you were already found guilty, or at least pleaded guilty. If that is the case, then unfortunately, you do not qualify for it to be lowered to a misdemeanor. You may be eligible for it to be expunged; however, you will have to wait until five years after all terms and conditions of... Read more »

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: How do I go about getting full custody of my child he has been with me since he was 6 months and he is now 4 yrs old.

His mother dropped my son off to my mother when he was six month old and haven't had him since and I got my son from my mother about a year ago and since he has been with me the mother is trying to take my son. I provide for my son, pay his daycare fees, and give him the love that he deserves and... Read more »

Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

You will likely need to get an attorney to file the necessary paperwork to start a child custody action.

1 Answer | Asked in Criminal Law for Mississippi on
Q: What is simple assault with a deadly weapon
Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

If it is simple assault, then it will be considered a misdemeanor; however, being that there is a deadly weapon involved, there is a good chance that it has been upgraded to a felony, which could carry some significant jail time.

1 Answer | Asked in Child Custody, Child Support and Family Law for Mississippi on
Q: Child support is automatically deducted from my paycheck . The mother has full custody and will not respond in any way.

This is concerning visitation.

Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

It sounds like you will need to have an attorney file a contempt action against the mother for failure to abide by a visitation order, assuming that there is one. If there is not one, then you will need an attorney to file the necessary petition to establish visitation rights with the child.

1 Answer | Asked in Probate for Mississippi on
Q: Mother and father both passed need deeded to me. They no debts and property worth $25,000.only surviving child

No other surving family. Need to have deed changed to my name. Do I need to go thru probate or is there a form that can be filed with a judge?

Arthur Calderon
Arthur Calderon answered on Jul 5, 2019

You will need to have an attorney set up an estate on behalf of your parents, and then they can generate the necessary deed giving the property to you.

2 Answers | Asked in Criminal Law, Civil Rights and Juvenile Law for Mississippi on
Q: We live in Mississippi. My 13y.o. son and his 15yo friend broke in a lady's house messed the walls up and stole stuff an

The lady is on vacation. She is pressing charges when she gits back. What will happen to my son. Will they put him in jail. If so how long?

Arthur Calderon
Arthur Calderon answered on Jul 5, 2019

I definitely agree with the previous answer. You need to get with an attorney ASAP before this matter gets worse.

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