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Questions Answered by Arthur Calderon
1 Answer | Asked in Criminal Law for Mississippi on
Q: does this plea agreement mean I go to prison? 16 yrs in custody, 11 yrs suspended, 5 yrs supervised probation?

I have two charges both resulting of two offers, (both the same) that I have mentioned above, to run consecutive on a sale charge in MS. I have no priors. I need to know if I have to go to prison or not because I have to ensure my children have adequate supervision as I don't have any family... Read more »

Arthur Calderon
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Arthur Calderon
answered on Jun 27, 2022

Under the plea offer as given, it would seem that you would serve some time in MDOC custody; however, how long you actually remain in custody (more specifically, the possibility of earned time) is going to depend on the nature of the charges. Some allow you to become eligible for release after... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Mississippi on
Q: Allegedly I sold 0.141 g meth then re-met to give 0.237 more to C.I Indicted 2 felon sale chrgs is this Double jeopardy?

I have been indicted on to sell charges both with enhanced penalty from being by a church. I am a first-time offender. Question here is does double jeopardy exist in my case? Also I'd like to know opinions on what to expect for sentencing in Mississippi. The plea offer in its entirety is 32... Read more »

Arthur Calderon
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Arthur Calderon
answered on Jun 26, 2022

You really need to talk to your lawyer further, and refrain from giving details about your case on an open platform like this. As to the double jeopardy, that only applies if you have been tried twice for the same crime or if your liberty is put at risk twice for the same offense.

1 Answer | Asked in Civil Rights for Mississippi on
Q: I called the police when my window was broken by my ex. When the police arrived. We were OUTSIDE . I was the only one

Standing on my porch. The officers asked if they could come inside the house. I told them no, and pushed the screen door shut . I was then immediately grabbed by the officers and threw me down the steps and immediately grabbed my arms , hit me in the head . TAZED me I my lower back And because my... Read more »

Arthur Calderon
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Arthur Calderon
answered on Jun 23, 2022

From the looks of it, you may actually have a civil rights case against the law enforcement agency that conducted the arrest. Your best bet is going to be to contact an experienced lawyer to further discuss the details surrounding your arrest. Feel free to reach out to any lawyer on here by... Read more »

2 Answers | Asked in Traffic Tickets for Mississippi on
Q: I got a ticket for window tint being too dark. Can proof of it being within legal limits still be provided after court?

The court said I had to pay it. However, a reputable business did the tint and when I got it tested by another business, it is indeed legal all the way around the car. How can I provide this to court after I've already had court? It seems asinine (and more like theft) to force someone to pay a... Read more »

Arthur Calderon
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Arthur Calderon
answered on Jun 23, 2022

Unfortunately, if you have already been found guilty, then you are precluded from being able to bring in new evidence that you could have gotten prior to your court date.

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1 Answer | Asked in Consumer Law for Mississippi on
Q: Can I legally sell tobacco to someone who is 21 but their ID shows they are under 21 yet the ID isnt expired but isvalid
Arthur Calderon
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Arthur Calderon
answered on Jun 20, 2022

Generally speaking, probably not, considering that it would seem that you know that the person is underage. That being said, if the person is definitely old enough, then it sounds like it may be an issue that that particular person may need to clarify to have their age corrected on their ID to... Read more »

1 Answer | Asked in Libel & Slander for Mississippi on
Q: Can a person be sued for defamation of character?
Arthur Calderon
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Arthur Calderon
answered on Jun 20, 2022

The short answer is yes, a person can be sued for defamation of character; however, the bigger question is going to be whether the plaintiff can show damages to justify a lawsuit and an award of damages.

1 Answer | Asked in Consumer Law for Mississippi on
Q: What can I do to get back a 2000.00 refund for windows I paid down on but did not get from a company in Arkansas.

I paid a down payment on some windows in November 2021. I canceled the order because the company kept changing the installment date. The owner claims to have mailed my refund but the check was returned to him and he cancel it. He text me a copy of another check that he wrote on May 23, 2022, and... Read more »

Arthur Calderon
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Arthur Calderon
answered on Jun 20, 2022

In this situation, the window provider is in breach of contract for failing to fulfil their terms of the agreement. Your best bet is going to be to either hire a lawyer in Mississippi or perhaps Arkansas to sue the provider for breach of contract.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Mississippi on
Q: Can I own a gun if my husband was innocent but plead guilty to a domestic violence charge with ex 25 years ago

We live in Mississippi. He was charged in Virginia

Arthur Calderon
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Arthur Calderon
answered on Jun 12, 2022

From the looks of it, there is nothing prohibiting you from carrying or owning a firearm. The key question is going to be whether your husband has access to it, as well as the nature of his conviction. If it is a felony, then he cannot have any possession of any firearm unless he gets his record... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I need to know if a juvenile is charged with tampering with evidence (gun), could he/she be charge as an adult?

What justify that juvenile being charged as an adult

Arthur Calderon
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Arthur Calderon
answered on Jun 9, 2022

Typically, a charge like that would keep the juvenile in youth court, unless it is a crime that concerns a firearm or is an egregious violent crime.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Being under 18 was the court authorized to convict me as a 99-19-81 habitual offender
Arthur Calderon
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Arthur Calderon
answered on Jun 3, 2022

Unfortunately, if you were charged as an 81, then that likely means that you have at least two prior convictions. Long story short, even though you may be under 18, if you are in circuit court, then you will be treated as an adult unless the prior convictions should have been kept in youth court.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Being held for questioning an it’s been more than 72 hours now changing me with burglary that I didn’t do

Just cause someone said they seen a guy with 2 boat motors a weed eater an chainsaw but the chainsaw and weed eater belong to my boss I was with my girlfriend all day an night

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

From the looks of it, you have an alibi defense that the state would have to overcome in order to gain a conviction. I would highly encourage you to reach out to an experienced criminal defense lawyer to see what can be done to help you out.

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Employment Discrimination for Mississippi on
Q: I NEED TO FILE EEOC RIGHT TO SUE LETTER BY JUNE17. HOW CAN I FIND SOMEONE?

EMPLOYER HAS 400 EMPLOYEES AND OWNER PARENT COMPANY HAS 10,000

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

I would highly encourage you to reach out to an experienced lawyer to handle this. You can reach out to any attorney on this platform by clicking the contact information next to their name. Most lawyers, including those at my office, offer free consults to see what can be done to help you out.

1 Answer | Asked in Juvenile Law for Mississippi on
Q: Juvenile charged with. Terroristic threat
Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

Without more information, it's hard to determine what you are asking. You should probably reach out to an experienced criminal defense lawyer, as those types of charges can be incredibly tricky.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Can a person be sentenced as an Habitual Offender pur. Miss. Code Ann. Sec 99-19-83 without evidence at hearing

During the sentencing hearing the State failed to submit any competent evidence that defendant qualified under M.C.A. section 99-19-83

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

Usually, the state has to put forth evidence of the prior convictions in order for the 83 enhancement to apply; however, they can get around that if the defense stipulated to the prior convictions.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Does Mississippi law deprive the circuit court of jurisdiction when the multi-count indictment fails to charge a crime?

The multi-count indictment failed to charge an essential element of armed robbery. But through jury instructions the elements was submitted via constructive amendment.

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

That's a big one. If the indictment failed to charge an essential element, then that should mean that the indictment was fatally defective, and therefore subject to dismissal. If there is a substantive amendment, then that would mean that it would be required to go before a grand jury, rather... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Is it possible under Mississippi Law for a single defendant to be convicted of conspiracy?

Three Defendant’s was charged with conspiracy to committ armed robbery and aggravated assault via multi-count indictment but only one defendant was convicted of conspiracy

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

Mississippi does recognize what is called a unilateral conspiracy; however, the prosecution has to be very particular about what they allege and how the facts lead to a conspiracy. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Mississippi on
Q: I am facing trafficking charges possession of cocaine meth and marijuana dui and speeding
Arthur Calderon
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Arthur Calderon
answered on May 13, 2022

That's pretty rough, especially since the trafficking charge carries a mandatory minimum. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and see what can be done.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: My fiancé has 3 counts of receiving stolen firearms but she wasn't caught with any weapons and they didn't find any gun

Is there a way we can get her bond reduced or any other way to get her out. She is willing to do whatever it takes to get home to me and the kids

Arthur Calderon
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Arthur Calderon
answered on May 13, 2022

It really depends on the facts of the case. Assuming that your fiance is a first time offender, then there is a greater likelihood of her getting her bond lowered to something more reasonable. I would be more concerned about why law enforcement is charging her when she did not have them in her... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Mississippi on
Q: What would happen if someone is under 21 and has weed?

How much jail time are you looking at?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 13, 2022

Even though they are under 21, they could still be facing some jail time; however, it always depends on the circumstances, like the amount of weed, circumstances of the person having the weed, etc. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... Read more »

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: What if the ticket I got have the wrong year of the car on it will the judge dismiss it?

Got 2 tickets today for no license and not stopping at a stop sign. But the officer wrote on both tickets it's a 2023 the year of the car. But it's a 2002 model.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 13, 2022

Unfortunately, with the way that traffic tickets work in Mississippi, the fact that the law enforcement officer wrote down the wrong year does not automatically lead to a dismissal, as it is considered a simple error.

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