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Questions Answered by Arthur Calderon
1 Answer | Asked in Criminal Law for Mississippi on
Q: In Mississippi. how long does the state have to indict on felony Fleeing? I was arrested Dec 2020. 50k bond. No hearing
Arthur Calderon
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Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long do they have to indict you in the state of Mississippi if you are still being held with no bond
Arthur Calderon
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Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If a building has been condemned for 20 years can yoube charged with burglary of a commercial building or is there some

Kinda like abando laws that could help me with this

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Generally, if the property is abandoned, it could still be considered burglary of a building if there was a breaking and entering with the intent to commit a crime within the building. That being said, depending on the circumstances, the charge could potentially be downgraded to a lower charge,... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Truck in my yard.Driver gets out choked and threw me on the ground,lies about why and arrested me.

Now I've been indicted and court is next month. There's two eye witnesses who stood by watching while this happened. The cop never identified himself as police.

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Since you've been indicted, the first thing that you need to do is get an experienced criminal defense lawyer, as simple assault on LEO cases are very tricky to navigate, and get more complicated as time goes by. There also needs to be an investigation as to excessive force, since that could... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Mississippi on
Q: Not giving my i.d. is that disorderly conduct if I'm sitting in my car in a parking lot?

He came up pulled me out my car as he was telling me why he was there I had found my wallet when he grabbed me it ended up on the ground

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Typically, for it to be considered disorderly conduct, you have to be acting in such a way that it may disturb the peace of those around you.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: My partner and I got into an argument that escalated into me involving the cops. My girlfriend was charged with domestic

Domestic assault with bodily injury. I only had a scratch under my eye. We have remained together. Her ex husband is trying to take their child and the child was in no way involved. Charges happened in TN and I signed an affidavit to try and get them to drop charges since the cops pressed charges... Read more »

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Your best bet is going to be to contact an experienced criminal defense lawyer in Texas, since these charges stemmed from conduct that happened there.

1 Answer | Asked in Car Accidents and Workers' Compensation for Mississippi on
Q: Can I get paid for lost wages if I was not injured in an accident it was my work truck it was insured as a work truck

The lady of course said that she had a green light but there is a witness states that we both had a green light and she ran a red light Causing the accident

Arthur Calderon
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Arthur Calderon
answered on Sep 16, 2022

The short is answer is yes. Assuming that you were injured while working, you should be entitled to workers' compensation, unless your employer fits within one of the exceptions. Regardless, from the looks of it, you have a combination workers' compensation claim and a personal injury... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How can you get bound over for criminal charges for something thats not even a law?

County DA even lied to GJ by telling them im a 2 time felon, which is completely not true. I have always been a citizen

Arthur Calderon
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Arthur Calderon
answered on Sep 16, 2022

Sadly, this is something that happens quite often. The best way to handle something like this is to make sure that the lawyer reviews your entire history and the discovery and file a motion to dismiss or otherwise challenge the DA's representations to the grand jury.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Mississippi on
Q: If my indictment is not marked "filed", nor signed or dated by the clerk, can the judge still convict me?

Ashwell v. State, 226 So.3d 69 (Miss.2017) made it clear that if my indictment is not filed then the judge don't have jurisdiction nor the authority to accept my guilty plea because the court failed to charge me with a crime. Why did the Miss. Supreme Court deny my writ of certiorari after... Read more »

Arthur Calderon
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Arthur Calderon
answered on Sep 6, 2022

It really depends on the circumstances. Even though your indictment may not be marked as filed, the test to determine whether the court has jurisdiction is to see if there was ever an indictment legitimately filed in the circuit court.

1 Answer | Asked in Car Accidents for Mississippi on
Q: In Mississippi can you dispute a at fault claim if no witnesses

I was involved in an auto accident that involved a parked lightweight commercial lawn mowing service vehicle in the state of Mississippi on a residential Rd They had no insurance however I was considered at fault. I was the only witness. THey claim i hit the vehicle from behind, when i got out of... Read more »

Arthur Calderon
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Arthur Calderon
answered on Sep 5, 2022

You should consider speaking with an experienced personal injury lawyer about this matter. Just because you hit the vehicle from behind, does not necessarily mean that you are at fault. For example, if you turned a corner during the night (or even day) and the commercial vehicle was parked in a... Read more »

1 Answer | Asked in Civil Rights for Mississippi on
Q: Can someone press charges on you for trespassing with no proof and have a warrant for your arrest in byhalia, ms
Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2022

The short answer is yes, it does happen. It is incredibly easy for someone to go press charges on someone, even without concrete proof of a crime. The real question is whether there is anything to support a finding of guilt. If it is just one person's word against another's, then you... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Mississippi on
Q: Hi , I was wondering do the state of Mississippi issued warrant for your arrest for trespassing with out proof!!
Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2022

The short answer is yes, it does happen. It is incredibly easy for someone to go press charges on someone, even without concrete proof of a crime. The real question is whether there is anything to support a finding of guilt. If it is just one person's word against another's, then you... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for Mississippi on
Q: Is this a bribe?: "if you state that you do not object to offender getting probation I will offer $200,000 restitution".

Drunk driver hit my vehicle

-killed my 4 year old son from fractured neck

-my 6 year olds spine snapped, and had internal bleeding from 3 organs

-i broke my right shoulder & suffered bilateral artery damage in my neck so high risk for blood clots in my brain... Read more »

Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2022

This is a tricky one, because it sounds as though it may come dangerously close to being one, not to mention there is a question as to whether the defendant's "offer" could be discharged via bankruptcy or some other means. That being said, I'd be curious to know whether there... Read more »

1 Answer | Asked in Domestic Violence for Mississippi on
Q: I was charged with domestic violence and aggravated assault. My husband isn’t pressing any charges. The state picked it

Up. I’ve appeared in court three times and still have not went before a judge. What’s going to happen next

Arthur Calderon
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Arthur Calderon
answered on Aug 25, 2022

It really depends. I'd be curious to know what they are having you go to court for. If it's for a preliminary hearing, then it needs to be done because your husband could testify as to what happened and express his wish to not proceed. Regardless, depending on how long it has been since... Read more »

1 Answer | Asked in Car Accidents for Mississippi on
Q: I got into an accident and wanted to know if the wrecker service could keep me from my belongings if I owe them a bill?

The Belongings are inside the car. The bill is 700 and I have important paperwork in the car and work equipment and they won't let me get it out until the bill is paid. Is this legal in Mississippi?

Arthur Calderon
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Arthur Calderon
answered on Aug 21, 2022

While they can technically keep you from getting the vehicle itself, they should still allow you to gain access to the vehicle so that you can get your belongings. Of course, if there is a pending bill, assuming that you have an attorney, either your insurance company or the other party's... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: My husband was pulled over refused a search so they took him to jail so they could search its been way over yr

Just now indited

Arthur Calderon
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Arthur Calderon
answered on Aug 14, 2022

Sounds to me like your husband is definitely going to need to speak with a lawyer about the facts and circumstances surrounding his charges, as well as the search.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Consumer Law for Mississippi on
Q: Do I have to sign documents in the process of my auto insurance co. paying my auto finance co. for a total loss car?

My vehicle was considered a total loss on May 15th, 2022. The insurance company did not contact me about when they decided to make it a total loss. I had contact. them. the only time they contacted me was when. They received my recorded statement after that point. I was the one reaching out and... Read more »

Arthur Calderon
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Arthur Calderon
answered on Aug 10, 2022

It really depends on the circumstances; however, when it comes to the consideration of total property loss, the insurance company still has an obligation to keep their insured (you) in the loop. Assuming that they did not and that you have a lawyer representing you on any type of personal injury... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Mississippi on
Q: If an officer charge u with a dui and put the wrong vehicle information on the ticket can it be dismissed
Arthur Calderon
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Arthur Calderon
answered on Jul 27, 2022

It really depends on how bad the information is. If it is a completely different vehicle and absolutely nothing matches up, then there is a better chance of having the ticket thrown out, or at the very least casting the officer's story into question.

1 Answer | Asked in Traffic Tickets and Criminal Law for Mississippi on
Q: If I was given a very vague ticket for posses. with wrong info also , could i have the ticket dismissed ?

was pulled over by a cop who’s known to be dirty. he saw me at gas station, never says a word to me , but as soon as I pull out of parking lot pulls me over. Wasnt even maybe 5 yards from parking lot of store when he pulled me over. Never gave me a reason as to why , or asked me my name or my... Read more »

Arthur Calderon
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Arthur Calderon
answered on Jul 27, 2022

It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Mississippi on
Q: Can a cop give u a ticket for possession but under explanation only put N/A , and not specify what he found or how much
Arthur Calderon
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Arthur Calderon
answered on Jul 27, 2022

It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... Read more »

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