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Questions Answered by Arthur Calderon
2 Answers | Asked in Car Accidents for Mississippi on
Q: If my was killed in a car crash. He was a single dad. Would my dad or myself be intiled to anything?
Arthur Calderon
Arthur Calderon answered on Feb 16, 2020

Assuming that he passed away because of someone else's negligence, then you and any other legal heir may be entitled to a portion of a settlement or award of damages. You should seriously consider reaching out to a lawyer to discuss further, as there is a time limit on being able to bring these... Read more »

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1 Answer | Asked in Child Custody for Mississippi on
Q: In Mississippi how do you go about petitioning the court for emergency custody?
Arthur Calderon
Arthur Calderon answered on Feb 16, 2020

You would need to draft the necessary legal documents explaining to the court the circumstancing requiring an emergency hearing and requesting emergency custody.

1 Answer | Asked in Child Support for Mississippi on
Q: If a father pay for the child insurance is it true that he does not have to pay child support?
Arthur Calderon
Arthur Calderon answered on Feb 16, 2020

No. Typically insurance is included in addition to the base level child support. For clarity, you may want to review the court order (if one has already been issued).

1 Answer | Asked in Domestic Violence for Mississippi on
Q: How much do you think it would be for a divorce from someone that was in a domestic abuse marriage?
Arthur Calderon
Arthur Calderon answered on Feb 2, 2020

It depends on what all is going to be involved in the divorce. Typically, the cost of a divorce will be higher if there is a fight over things, such as custody, child support, possession of assets, etc.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I was accused of burglary of a shed but I never stepped foot on said property. Can I beat this.

I picked up a lady on the road who was at this property. She was in possession of things from property.

Arthur Calderon
Arthur Calderon answered on Feb 2, 2020

It really depends on what all evidence that they may have against you. If it is just that you picked up someone and they did not communicate what they did, then there is a decent chance that an experienced criminal defense lawyer can beat it.

1 Answer | Asked in Divorce for Mississippi on
Q: Am I responsible for half of a vehicle payment if I am not on the lien or title?
Arthur Calderon
Arthur Calderon answered on Feb 2, 2020

It really depends. Seeing that you have this down as a divorce matter, depending on how the property settlement agreement is structured, you may indeed end up responsible for half of the payment.

1 Answer | Asked in Child Custody for Mississippi on
Q: How much of advantage do I have when the mother of my 1 year old son an just newborn gets them taken away by social work

She got them taken because they found Methamphetamine in her blood when she was having my next child which was also 1 month early so he was premature..btw we do not live together nor have we ever been committed to each other.. so now I wanna take action to see what are my chances on getting my kids

Arthur Calderon
Arthur Calderon answered on Feb 2, 2020

Based on what you are saying, you have a significant advantage; however, in these types of matters, time is always of the essence. Your best bet is going to be to get with a family law lawyer sooner rather than later, so that they can walk you through the process and strategize.

1 Answer | Asked in Juvenile Law for Mississippi on
Q: Can police charge a minor with underage drinking after the fact?

If a minor were to report a crime that happened a party a few weeks prior where alcohol was served, can the police arrest and/or charge that person and any other persons involved with underage drinking?

Arthur Calderon
Arthur Calderon answered on Feb 2, 2020

Likely not, as the officer was not a witness to the underlying violation; however, if someone were to report it and was an eyewitness, then there may be sufficient information to at least bring charges. Proving it, though, is an entirely different matter.

1 Answer | Asked in Criminal Law for Mississippi on
Q: One simple assault charge 4 years ago

I got a simple assault misdemeanor charge 4 years ago, otherwise clean background. My punishment was a $110 fine. In the event the other person reports this to my job, will one misdemeanor charge that long ago affect employment as I’ve already passed a background check?

Arthur Calderon
Arthur Calderon answered on Jan 26, 2020

It very well could affect your job. That being said, assuming you haven't gotten into any trouble since your conviction it looks like you would qualify for an expungement of the charge off of your record. You may want to consider reaching out to a lawyer to discuss further.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: What is the minimum charge for Mississippi (97-9-72(B))?

Officer randomly got behind me and cut on lights. After trying to figure out his intentions knowing I did nothing wrong I got scared and took off but once reality began to sink in I pulled over and stopped. He got me out of the car but never said why he was trying to stop me. No body was hurt and... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 25, 2020

It really depends. Since you said grand jury, that would mean that they are treating this as a felony, which means that they are alleging that you drove in a dangerous manner. If that is the case, you are looking at a max of 5 years in MDOC custody and a $5k fine. That being said, I'd be curious to... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: My fiance is supporting my 2 children and our new baby. Can his child support be lowered?

I am a stay at home mom with our son and my 4 year old daughter, my other daughter is 7. We receive no child support for my girls bc their father is unemployed (working on getting disability for health issues). He fully supports me, our son, and my 2 girls. I feel his ex wife expects too much and... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 25, 2020

It can be lowered; however, in order for that to happen, he would need to petition the court for it to be lowered. If you cannot afford a private attorney, you may want to consider reaching out to a legal aid organization for assistance.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Help

According to Ridgeland, MS if you get three tickets for no license, no insurance, and switch tag is it policy that you be detained? The tag wasn’t stolen it belong to my sister. I just bought the car.

Arthur Calderon
Arthur Calderon answered on Jan 25, 2020

I would be very curious to see an official copy of this policy. While there may be some statutes that allow for jail time following a conviction, simply getting a citation does not automatically mean mandatory detainment.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: IS IT OR IS IT NOT THE CHIEF OF POLICE JOB TO HAND OUT THE BOUND TICKET BOOKS TO HIS OFFICERS TO HIS MUNICIPAL OFFICERS
Arthur Calderon
Arthur Calderon answered on Jan 25, 2020

One would definitely think so. There have been several instances where officers pull someone over, not provide an official citation, and then still pursue it anyway...all of which is in violation of the statute and therefore invalid.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How hard is it to get 99-19-81 off of someone so they will be eligible for parole in the state of Mississippi

Is it possible for an attorney to go back to court for someone and have that removed off of the sentence

Arthur Calderon
Arthur Calderon answered on Jan 25, 2020

Unfortunately, it is incredibly unlikely. Typically, with there being an 81 habitual enhancement, the only way that it can be removed from a sentence is if it was put into the sentencing order in error.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I was charged with felony possession approx 1/2 gram of meth.first offense no previous record what should I expect?

I was pulled over for tag light out

Arthur Calderon
Arthur Calderon answered on Jan 22, 2020

Being that this is your first offense, the chances of you facing hard time is pretty slim; however, it's going to take some negotiating with the DA's office where you were arrested. Depending on additional factors, you may be able to qualify for an alternative to sentencing which would 1) keep you... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Mississippi on
Q: Will I go to jail for a first time no drivers liscense ticket after a car accident?

I'm already paying for an older charge, and I am not on probation

Arthur Calderon
Arthur Calderon answered on Jan 19, 2020

Likely not, as most people are not put in jail for tickets. That being said, as long as you are still paying towards your older charge, you should still be good to go. As to the car accident, I would encourage you to reach out to a lawyer, as you may be entitled to compensation if the other driver... Read more »

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: I was issued a no drivers liscense ticket after I was hit by another driver what will happen in court?
Arthur Calderon
Arthur Calderon answered on Jan 19, 2020

It really depends. Sometimes, a prosecutor may do away with the ticket because of the circumstances; however, there would need to be more information. I would highly encourage you to reach out to a criminal defense and personal injury to discuss further, not just for the ticket, but also for being... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Mississippi on
Q: If a patient was sexually assaulted in the hospital is the hospital responsible for the employee's actions if being sued
Arthur Calderon
Arthur Calderon answered on Jan 16, 2020

Quite possibly. I would highly encourage you to reach out to an attorney to talk more about the facts and circumstances. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers offer free consultations to see how we can help out.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can the police arrest you for a misdemeanor charge? Poss. Of paraphernalia

I was booked, arrested, had my vehicle towed, and had to pay a bondsman to get me out of jail for the misdemeanor charge of poss. Of paraphernalia. Is that an arrestable offense when it's the only thing they've charged you with?

Arthur Calderon
Arthur Calderon answered on Jan 16, 2020

Unfortunately, it is an arrestable offense. Typically, the only items that law enforcement will not arrest a person for are minor traffic violations, with the exception of DUI.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: Any liability witnessing aggravated domestic violence dispute as a security officer off property and did not call 911

Any consequences not calling 911

Arthur Calderon
Arthur Calderon answered on Jan 12, 2020

Potentially. Security personnel have an obligation to assist and maintain people's safety within the grounds of the premises. I would highly encourage you to reach out to a lawyer to discuss further. Feel free to reach out to any one on here by clicking the contact information next to their name.... Read more »

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