Questions Answered by Arthur Calderon

Q: How much time can you serve in mississippi for felony habitual offender ?

1 Answer | Asked in Criminal Law for Mississippi on
Answered on Feb 13, 2019
Arthur Calderon's answer
He needs to get with an attorney asap, as it sounds like some of his constitutional rights have been violated, and need to be presented to the Court. As to the habitual aspect, it depends on which habitual statute he is indicted under. If under 81, then it will be the max time of the underlying crime; however, if it is under 83, it will be life (both without the possibility of parole).

Q: If a person falls on a business property and result in death and have no insurance at time of accident what step can I

1 Answer | Asked in Personal Injury for Mississippi on
Answered on Feb 13, 2019
Arthur Calderon's answer
You need to get with an attorney ASAP, as this is a premises liability law suit and wrongful death action, and certain steps need to be followed to gather as much information on the front end as possible. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers, including myself, offer free consultations to see what we can do to help out.

Q: I was convicted in 2006 for felony dui... what steps do I have to take to file for a certificate of rehabilitation in Ms

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on
Answered on Feb 12, 2019
Arthur Calderon's answer
You need to get with an attorney to file the necessary petition with the relevant court, and have that attorney follow-up with the order certifying rehabilitation. Feel free to reach out to any attorney on here. Most lawyers, including myself, can provide a free consultation to guide you in the right direction and see how we can help out. The process itself, is rather straightforward, and fairly inexpensive.

Q: If I was incarcerated for more than 12 years, am I still obligated to pay backed up child support for all them years?

1 Answer | Asked in Child Support for Mississippi on
Answered on Feb 12, 2019
Arthur Calderon's answer
Unfortunately, you are still obligated to pay that child support, as each time a child support payment becomes due, it acts as a mini-judgment against the payor (you). That being said, depending on the age of the child, the child/custodial parent may run up against a statute of limitations issue that could keep them from collecting that child support.

Q: OK so my fiance caught three charges the other day and I'm not sure I understand the seriousness...charges are possess

1 Answer | Asked in Criminal Law and Traffic Tickets for Mississippi on
Answered on Feb 10, 2019
Arthur Calderon's answer
These are pretty serious charges, that carry some hefty fines and jail time depending on the amounts involved. You should seriously consider contacting a criminal defense attorney to further discuss.

Q: Temporary guardianship in state if Mississippi...give aunt temporary custody of 12 year old for better schooling

1 Answer | Asked in Child Custody for Mississippi on
Answered on Feb 10, 2019
Arthur Calderon's answer
I am not entirely sure what you are asking. Are you wanting to give someone a temporary guardianship or temporary custody?

Q: What’s the best way to leave property to someone that is not a direct heir?

1 Answer | Asked in Estate Planning for Mississippi on
Answered on Feb 5, 2019
Arthur Calderon's answer
He can always amend his deed to make it where he and your son share an interest in the property with rights of survivorship, or he can draft a will indicating that that particular property goes to your son upon his passing.

Q: We have just been informed that our 18, year old son cannot purchase a piece of land in Mississippi unless he is married

1 Answer | Asked in Real Estate Law for Mississippi on
Answered on Feb 4, 2019
Arthur Calderon's answer
There is nothing in MS law that requires a party purchasing land to be married. It wouldn't necessarily be discrimination, unless it was due to something along the lines of race, gender, nationality, etc.

Q: Permanent partial loss- knee injury. What would be proportionate ?deaf worker

1 Answer | Asked in Workers' Compensation for Mississippi on
Answered on Feb 4, 2019
Arthur Calderon's answer
It would be formulaic, and depends on other factors. You may want to consider reaching out to an attorney for assistance.

Q: I owe my child 5,000 in back time child support. If i want to pay it in full how do i go about doing this?

1 Answer | Asked in Child Support for Mississippi on
Answered on Feb 4, 2019
Arthur Calderon's answer
Assuming that the case is set up through DHS, you can pay it directly through them and they can credit it towards your outstanding balance.

Q: Can a state trooper pull two cars over for speeding at the same time? He also didn’t allow me to talk and see the radar.

1 Answer | Asked in Traffic Tickets for Mississippi on
Answered on Feb 4, 2019
Arthur Calderon's answer
Unfortunately, this is something that is fairly common, where the trooper casts a net to pull multiple cars over. What makes it worse is that there is no obligation on their part to actually show you the radar.

Q: Three dogs were found inside the goat fence. Two goats dead and one was half eaten. Owners say I didn't actually see

1 Answer | Asked in Animal / Dog Law for Mississippi on
Answered on Jan 27, 2019
Arthur Calderon's answer
This sounds like a classic example of a circumstantial evidence case.

Q: Is accessory before the fact of an aggravated assault considered a violent crime in the state of Mississippi?

1 Answer | Asked in Criminal Law for Mississippi on
Answered on Jan 27, 2019
Arthur Calderon's answer
Although it can be subject to the same time frame for sentencing purposes, accessory is not considered a violent crime.

Q: Is there any chance to regain custody after having my kids adopted by stepdad without my knowledge?

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Answered on Jan 26, 2019
Arthur Calderon's answer
It is possible, but it will be an uphill battle, because you will have to move to set aside the judgment. Your best bet is going to be to get with an attorney to further discuss.

Q: Hit a motor cycle in road n killed somebody n didn't know I hit them because I didn't stop how can I defend myself

1 Answer | Asked in Car Accidents for Mississippi on
Answered on Jan 25, 2019
Arthur Calderon's answer
Assuming you have insurance, the insurance company should be able to fund the defense on this case (assuming that it's civil); otherwise, you will have to hire a private attorney to represent you. That being said, these types of cases are incredibly fact-intensive.

If this is a criminal case, then you need to get with an attorney ASAP, as there may be several defenses available to you that are not otherwise available in a civil case. Most attorneys, including myself, offer free...

Q: Is my first appearance in municipal court an initial appearance?Can prior felony convictions be used against me.

1 Answer | Asked in Municipal Law for Mississippi on
Answered on Jan 23, 2019
Arthur Calderon's answer
Once you are arrested, you will be taken before the judge for an initial appearance, at which point you will be told of the charges against you, and bond will be set. After that (and usually this applies for municipal court), the first court date afterwards is the deadline to enter a plea of guilty or not guilty. If a not guilty plea is entered, then the matter will be set for trial.

That being said, as you move forward for trial, you will need an attorney to file the necessary...

Q: Can I defend myself in federal court?

1 Answer | Asked in Libel & Slander for Mississippi on
Answered on Jan 21, 2019
Arthur Calderon's answer
You always have the ability and the right to defend yourself; however, federal court is much different than state court, in that there are much more procedural rules and things that you must be aware of.

Q: My nephew is in mdoc custody for aggravated assault. His sentence was 20 years with 10 suspended. When could he parole?

1 Answer | Asked in Criminal Law for Mississippi on
Answered on Jan 13, 2019
Arthur Calderon's answer
Unfortunately, with the way that the law is written, a person convicted for a violent crime, which includes aggravated assault, is not eligible for parole; however, with recent activity pertaining to the relevant statute, there is an open question as to whether a person convicted for a crime of violence is eligible for earned time after having served 50% of their time, and when that time actually starts accruing (immediately upon conviction and receiving credit, or once they pass the 50% mark).

Q: How can I recover money after I have filed a writ of garnishment? Defendant closed bank account.

1 Answer | Asked in Small Claims for Mississippi on
Answered on Jan 13, 2019
Arthur Calderon's answer
You may want to consider filing a motion for examination of judgment debtor so that you can review his finances and have the court order the payment from the defendant's assets.

Q: I was injured at work and I filed a suit against my employer. I had been on my job 5 1/2 years with a good work record.

1 Answer | Asked in Employment Law, Libel & Slander and Personal Injury for Mississippi on
Answered on Jan 13, 2019
Arthur Calderon's answer
You may be able to; however, it will depend on when you were injured, the type of employer, and whether the employer had worker's compensation coverage. I would strongly encourage you to reach out to an attorney ASAP, as there is only a set amount of time to initiate an action. Feel free to reach out to an attorney on here by clicking the contact information next to their name. Most lawyers, including myself, offer a free consultation to see how we can help you out.

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