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Questions Answered by Arthur Calderon
1 Answer | Asked in Criminal Law for Mississippi on
Q: In Mississippi...is 2nd degree murder a mandatory day for day sentence?

Or does it recieve 30/30 or any goodtime?

Arthur Calderon
Arthur Calderon answered on Dec 2, 2019

Unfortunately, because second degree murder is considered a crime of violence, it is considered a mandatory sentence, and is not eligible for certain reductions under MDOC guidelines.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How do I know if my name is on the docket for grand jury indictment in webster county mississippi

I'm not sure if I've been indicted or not. My name wasntbon the docket my last court date.

Arthur Calderon
Arthur Calderon answered on Dec 2, 2019

You could call the circuit clerk and ask if your name is on the list for presentation to the grand jury. Regardless, though, I would highly recommend that you contact a criminal defense lawyer so that you can get ahead of the ball before your indictment. Assuming certain criteria are met, your... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: child is 15 father never been on child support. I applied for child support 1 year ago why still no court order
Arthur Calderon
Arthur Calderon answered on Dec 2, 2019

When you say that you applied for child support, do you mean that you applied through DHS, or you filed your own action to have the father put on child support?

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: Me and the mother of our 3 kids are separating after 12 years. What all should i expect from the court process?

I make 660 a week. I bring home 411 out of that. We are currently 24k in debt (all in my name). I pay her car note 250 dollars and provide healthcare for the kids somewhat 290 a month a believe. We were not married. She left me for another man. I am completely ignorant about how this will go... Read more »

Arthur Calderon
Arthur Calderon answered on Dec 2, 2019

More than likely, she will initiate legal proceedings against you for custody over the three children, as well as request child support. Assuming that she got custody, your child support obligation would be a certain percentage of your adjusted gross income. I would highly recommend that you... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: What should we do to prepare for a child abuse case after a child was molested?

My sister was arrested on a child abuse charge after finding out 2 underage boys (ages 10 and 13) were molesting her 7 year old daughter. She tried to have a sit down with the parents of the boys which turned into her physically harming one of the boys. She now has court December 3rd. We do not... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 27, 2019

She needs to get a lawyer ASAP. Even though her response was understandable given her background, they will likely try to go after her for either simple assault or aggravated assault. Ideally, it would end up being a simple assault charge, as that is a misdemeanor, but without more information, it... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can a person be charged with a D.U.I. while riding a bicycle on a public roadway.
Arthur Calderon
Arthur Calderon answered on Nov 27, 2019

Likely not, as it is not a motor vehicle. That being said, they can likely be charged for public drunkenness, depending on the circumstances.

1 Answer | Asked in Criminal Law for Mississippi on
Q: When are the grand jury criminal indictments handed down in Rankin County, Mississippi? Thank you.
Arthur Calderon
Arthur Calderon answered on Nov 27, 2019

Your best bet will be to contact the circuit clerk's office over in Rankin County and ask when they are scheduled for their various grand juries.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I need help can I be charged with this if I had a key and was never in possession with permission

I was never arrested and advised of my Miranda Rights only booked into a jail never received any paperwork stating I was a suspect only a copy of the paperwork showing that I was named by the person who we had working on the car I really need help ASAP in this matter as today they have set the... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 27, 2019

Sounds like you need to get with an attorney ASAP. Feel free to reach out to any attorney on here by clicking the contact info next to their name. Most lawyers on here, including myself, offer free consultations to see how we can help out.

1 Answer | Asked in Family Law for Mississippi on
Q: Can a mother have the father's name removed from birth certificate (father voluntarily signed) 12 years later?
Arthur Calderon
Arthur Calderon answered on Nov 27, 2019

Unfortunately, you cannot, unless you can disestablish paternity, and establish that there is another person out there who is the natural father and whose name should be on the birth certificate.

1 Answer | Asked in Criminal Law for Mississippi on
Q: In mississippi, if a defendants name is not correct on an indictment can it be amended by a judge?

Defendant is a Third and the suffix was left off of the indictment.

Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

It can be amended to correct a minor error, but be warned, it is not a substantive change that would make the indictment defective.

1 Answer | Asked in Workers' Compensation for Mississippi on
Q: I filed a workers comp claim on hearing loss, I had an independent Audiology hearing test and the findings were 31.3%

Binaural hearing loss, I'm 55yrs old and make about 1000 a week..Rough guess about what I should expect from workers comp. Never filed a claim before...Thanks

Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

You should really consider reaching out to a lawyer sooner rather than later, as WC claims can be very tricky, and the chances of a more favorable recovery go up dramatically with a lawyer. The calculations are based on statute, but the ultimate determination as to a possible award hinges on... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: can 3 felons be charged with posession of 1 gun?
Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

Absolutely. It then becomes a question of whether the State can prove that the gun belonged to anyone one person. I would highly encourage you to reach out to a criminal defense lawyer, as these types of cases can be very fact-intensive.

1 Answer | Asked in Child Custody, Child Support and Family Law for Mississippi on
Q: My ex boyfriend got a divorce from me and custody of my kids now im paying him child support and dont get to see my kids

What can i do i cant afford a lawyer

Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

You will need a lawyer to sue for contempt. If you cannot afford one, then your best bet will be to try to contact a legal aid organization.

1 Answer | Asked in Child Custody for Mississippi on
Q: My son father has primary custody, and if i sign my rights over will i lose my rights to my daughter?

I allowed my son to live with is father because he his in danger to his sister, step father and myself, so we went to court and i allowed the father to take primary custody of my son. My husband is inlisting in the army. My son is going back an forward between his father and i and his behavior is... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

It is possible; however, I would encourage you to reach out to a lawyer familiar with family law, so that he or she can talk more with you about your case, and so you can determine whether there will be any ramifications from going that route, especially with the father enlisting.

1 Answer | Asked in Small Claims for Mississippi on
Q: My boyfriend gave me a credit card to use over 10 years ago now he is critically ill can I still use that credit card

My boyfriend is a married man I’ve been dating him for 12 years

Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

Likely not. Even if he is your boyfriend, if he is critically ill and married, more than likely only his wife will have expressed permission to continue using the card.

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: When it says for mississippi city of tupelo, that pit bulls are "declared vicious" but doesnt say banned or restricted,

What does that mean exactly?

Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

That likely means that there is a local ordinance already declaring them to be banned from the city. It may be better to talk to someone at community development to verify.

1 Answer | Asked in Divorce for Mississippi on
Q: How to list a child born out of wedlock on my divorce papers to state my husband acknowledges that he is not the father?
Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

He will need to sign a stipulation indicating such. It may be a good idea to have a DNA test done and attach the results as an exhibit, if not then have the biological father acknowledge paternity.

1 Answer | Asked in Child Custody and Divorce for Mississippi on
Q: I have temporary custody and my son like to go to michigan during the winter break ... can I take him or I cant go?
Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

It really depends on what the temporary order says. Typically, there are no travel restrictions unless specifically stated in the order.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I got charged with trespassing 97-17-97. It’s my first offense, so what are the possibilities of me serving jail time.

I am located in MS.

Arthur Calderon
Arthur Calderon answered on Nov 3, 2019

While the possibility of you serving jail time is low, the big question you have to ask yourself is whether you are willing to take that gamble if you proceed by yourself. You have a much greater likelihood at success with a lawyer, and even if found guilty, you savvy criminal defense lawyer can... Read more »

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.

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