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Questions Answered by Arthur Calderon
1 Answer | Asked in Criminal Law for Mississippi on
Q: Are secret indictments still able to take place in Mississippi
Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

Yes. Typicaly, indictments remain secret when the accused is either unable to be located (and wasn't previously arrested) or there is a co-defendant that remains at large.

1 Answer | Asked in Criminal Law and Juvenile Law for Mississippi on
Q: Does the degree of murder have to be specifically stated in a plea bargain petition?

The plea bargain petition offered by the state didn't specify what degree of murder I'd be pleaing guilty to.

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

Typically, yes; however, there is some case law that says that as long as the degree of murder is discussed during the plea hearing, then that may end up taking care of any defects in the underlying plea petition.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My Husband was charged with Natrual Life on case with 3 others he did not shot or kill anyone and he got the most?

He did not kill no had no gun and was lied on by a co defendant who should of been impeached for lying and he had 2 mis-trials and should of had on on 3rd but lawyer was not doing his job properly

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

These types of cases are always tricky, especially when there have already been multiple trials. Has your husband filed an appeal? If so, what were the grounds?

1 Answer | Asked in Criminal Law for Mississippi on
Q: Why would a judge not offer a first time drug offender drug court in Mississippi?

My little brother was sentenced 8 years with 3 suspended. He was not given offer of drug court in court on a sale charge only prison time. He had talked with his presenting lawyer for two days and while in court the next time his lawyer wasn’t there another lawyer presented with “I’m your... Read more »

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

It really depends. If you pleaded out, which it sounds like he did, then the possibility of getting post conviction relief is incredibly low. That being said, it sounds like there was a lot of miscommunication between your brother and the various lawyers. I'd be curious to know why he... Read more »

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Got a speeding ticket in Lincoln county and the cop put the wrong year model for my car, can I have it dismissed?
Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

Unfortunately, no. Even though the officer may have put down the wrong year model for your vehicle, that is considered a scrivener's error, and not substantial enough to warrant dismissal of the underlying ticket.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If you are charged in the state of Mississippi for possession of meth as a Misdemeanor how much jail time would you do
Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

You are looking at very minimum jail time on a charge like this. That being said, depending on the circumstances, you and your lawyer may be able to arrange it to where you can avoid a conviction and having this go on your record.

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: Is it possible to obtain a Certificate of Rehabilitation without a lawyer.

I live in MS, I want to restore my gun rights. My felony was for DUI in 2013. I'm just curious if it is possible to do this without representation.

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

You can certainly do this without a lawyer. You may want to consider hiring a lawyer to simply draft the necessary documents for you, which could bring down the costs significantly.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I’m being charged with aggravated assault with a deadly weapon and 2 counts of shooting at a motor vehicle no one hurt?

I have no prior charges or criminal records what are my possibilities?

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

With aggravated assault, that is considered a violent crime. From the looks of it, the DA is going to try to add firearm enhancements to the charge, which could lead to serious jail time. The biggest problem, though, is that even though this would be your first felony, if you are convicted and... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If my husband took a plea 60sec before the jury came back with a not guilty verdict should he still be sentenced.
Arthur Calderon
Arthur Calderon answered on Feb 18, 2021

Unfortunately, in these types of situations, once the plea was accepted by the Court, then it became almost impossible to take it back, since a plea is an acknowledgement of guilt.

1 Answer | Asked in Uncategorized for Mississippi on
Q: What does a first time offender get for giving false information on a stolen credit card misdemeanor charge

Girlfriend stole it from mother but was seen taken out of his wallet in Dollar general

Arthur Calderon
Arthur Calderon answered on Feb 18, 2021

If it's a misdemeanor charge, there is a good chance that a lawyer could work it out with a prosecutor to where trial is avoided and the charge does not go on your record. That being said, if you had nothing to do with the underlying crime, then you should seriously consider taking it to trial.

1 Answer | Asked in Federal Crimes for Mississippi on
Q: My fiance was charged with a sexual offense, later the girl admitted she lied, can the case against him be appealed?
Arthur Calderon
Arthur Calderon answered on Feb 10, 2021

It can potentially be overturned; however, your fiance will need to make sure that he follows a very particular procedure to present the information before the sentencing court in the hopes of having the sentence overturned. It would be in your fiance's best interest to see about talking with... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Mississippi on
Q: I was riding with someone. The Officer found pills that were not mine in floor on my side. Is it lawful to charge me.

I owned up for possession of marijuana which was mine. The driver didn't own up for his pills and neither did I, but I got charged

Arthur Calderon
Arthur Calderon answered on Feb 5, 2021

First, be very careful about any information that you put on a forum, even this one. As to your question, it is very typical for law enforcement to charge everyone with possession of a controlled substance, especially if they cannot pin it on one particular person. The problem that they will run... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have a acc after the fact I'm trying to see how much time it carries
Arthur Calderon
Arthur Calderon answered on Jan 24, 2021

It really depends on the underlying crime. That being said, it may be best for you to consult with a private lawyer to go into more details about the allegations so that you can see what potential time you might be looking at.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How do you file a criminal complaint of fraud for home repair?
Arthur Calderon
Arthur Calderon answered on Jan 24, 2021

If you feel as though there is a crime that was committed, your best bet is going to be to go to the local city or justice court and file a criminal complaint against the person. That being said, depending on the circumstances, you may also have a civil case against the person for not doing their... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Does the sentence for accessory after-the-fact of grand larceny carry a 10 year sentence in Mississippi justice system
Arthur Calderon
Arthur Calderon answered on Jan 14, 2021

It depends largely on the dollar amount for the underlying charge. Assuming that it is high enough, then it very well could carry a 10 year sentence; however, since it is non-violent crime, the person charged may be able to avoid jail time. Regardless, it is in the person's best interest to... Read more »

1 Answer | Asked in Domestic Violence for Mississippi on
Q: My husband is charged with domestic aggravated assault in MS. I did not file charges, I was told the state did.

I was asked to give a recorded video statement and I want to know if I can ask them not to use this in court. Do I have the right to withdraw my statement entirely?

Arthur Calderon
Arthur Calderon answered on Jan 14, 2021

It really depends on the circumstances; however, I'd be curious to know whether your husband has been indicted yet. Assuming yes, then he needs to get with a lawyer immediately. Regardless, if you gave a false statement to law enforcement, then that is something that should be disclosed.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: My husband is charged with domestic aggravated assault. The state filed this charge. I was asked to give a recorded

Video statement. I do not want this used in court anymore. Legally, can I tell them not to? Can I withdraw that statement entirely?

Arthur Calderon
Arthur Calderon answered on Jan 14, 2021

It really depends on the circumstances; however, I'd be curious to know whether your husband has been indicted yet. Assuming yes, then he needs to get with a lawyer immediately. Regardless, if you gave a false statement to law enforcement, then that is something that should be disclosed.

1 Answer | Asked in Criminal Law and Identity Theft for Mississippi on
Q: Can I be tried for a identity theft misdemeanor that happened 5 years ago
Arthur Calderon
Arthur Calderon answered on Jan 14, 2021

Unfortunately, you can be; however, there is definitely an argument that the case should be dismissed due to lack of a speedy trial. I would highly encourage you to reach out to a criminal defense lawyer to talk about the details of your case, as a motion for dismissal hinges on very particular... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If somebody got a aggravated assault first time what happen
Arthur Calderon
Arthur Calderon answered on Jan 11, 2021

It really depends on the circumstances. Are you talking about if they are picked up on those charges or if they are convicted. Agg assault is considered a violent crime in Mississippi, so if the person is convicted, they could be facing a day-for-day sentence, which means their time in jail would... Read more »

1 Answer | Asked in Personal Injury for Mississippi on
Q: Bit by a dog and owner won’t provide proof of vaccination. Owner lying about dog being an inside dog. What can I do?

I got checked out and have an antibiotic. May need to get rabies vaccine if I don’t have proof that this dog was vaccinated. I contacted the owner and she is stalling and lying to me about everything it seems. I am nice, but I did nothing wrong in this situation.

Arthur Calderon
Arthur Calderon answered on Jan 11, 2021

You may have a case against the dog owner, especially if the dog had previous indications of being violent. If that is the case, then you could potentially sue the owner for damages, to include medical bills and vaccinations. I would highly encourage you to reach out to a personal injury lawyer to... Read more »

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