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Questions Answered by Arthur Calderon

1 Answer | Asked in Criminal Law for Mississippi on

Q: Charged with poss of marj with intend found Jan 5 I was in another state arrest Jan 27 17 no idict till April 2019

They did not indict til April 2019 after the two year mark my lawyer says that's not a problems 99-1-5 states different for Mississippi can somebody tell me what I should do or let me know if I'm.miss understand something

Arthur Calderon answered on Aug 12, 2019

It's going to depend on that indictment. I'd be curious to know whether the indictment occurred after the two-year mark of whether you were arraigned afterwards.

1 Answer | Asked in Criminal Law for Mississippi on

Q: In the state of MS if found guilty and convicted of taking of a motor vehicle, first offense, how much time you get?

Arthur Calderon answered on Aug 12, 2019

It really depends on the value of the motor vehicle. That being said, depending on some factors, you may be able to avoid jail time and even having this put on your record. I would highly recommend that you contact a criminal defense attorney to further discuss.

1 Answer | Asked in Domestic Violence for Mississippi on

Q: i was charged with simple assualt dom. violence what can happen to me

Arthur Calderon answered on Aug 12, 2019

Depending on the situation and whether this has happened before, you could be facing a fine, a no-contact order, and some jail time. Your best bet is going to be to contact a lawyer to see if there is anything that can be done to either get the case dismissed or take it to trial.

1 Answer | Asked in Criminal Law for Mississippi on

Q: Can I get a Grand Larceny felony in MS dropped to a misdemeanor?

I want to join the NAVY. Im 28 (Joseph Lee Creel). I caught a Grand Larceny, 1st offense, non-violent charge in 2012. Got 4 years, 2 to serve & 2 on probation. Violated by not reporting. Sent back to serve 2 years of which I flat-timed (100% completed). Can I get this lowered to a misdemeanor so I... Read more »

Arthur Calderon answered on Aug 12, 2019

It sounds like you were already found guilty, or at least pleaded guilty. If that is the case, then unfortunately, you do not qualify for it to be lowered to a misdemeanor. You may be eligible for it to be expunged; however, you will have to wait until five years after all terms and conditions of... Read more »

1 Answer | Asked in Child Custody and Child Support for Mississippi on

Q: How do I go about getting full custody of my child he has been with me since he was 6 months and he is now 4 yrs old.

His mother dropped my son off to my mother when he was six month old and haven't had him since and I got my son from my mother about a year ago and since he has been with me the mother is trying to take my son. I provide for my son, pay his daycare fees, and give him the love that he deserves and... Read more »

Arthur Calderon answered on Aug 12, 2019

You will likely need to get an attorney to file the necessary paperwork to start a child custody action.

1 Answer | Asked in Criminal Law for Mississippi on

Q: What is simple assault with a deadly weapon

Arthur Calderon answered on Aug 12, 2019

If it is simple assault, then it will be considered a misdemeanor; however, being that there is a deadly weapon involved, there is a good chance that it has been upgraded to a felony, which could carry some significant jail time.

1 Answer | Asked in Child Custody, Child Support and Family Law for Mississippi on

Q: Child support is automatically deducted from my paycheck . The mother has full custody and will not respond in any way.

This is concerning visitation.

Arthur Calderon answered on Aug 12, 2019

It sounds like you will need to have an attorney file a contempt action against the mother for failure to abide by a visitation order, assuming that there is one. If there is not one, then you will need an attorney to file the necessary petition to establish visitation rights with the child.

1 Answer | Asked in Probate for Mississippi on

Q: Mother and father both passed need deeded to me. They no debts and property worth $25,000.only surviving child

No other surving family. Need to have deed changed to my name. Do I need to go thru probate or is there a form that can be filed with a judge?

Arthur Calderon answered on Jul 5, 2019

You will need to have an attorney set up an estate on behalf of your parents, and then they can generate the necessary deed giving the property to you.

2 Answers | Asked in Criminal Law, Civil Rights and Juvenile Law for Mississippi on

Q: We live in Mississippi. My 13y.o. son and his 15yo friend broke in a lady's house messed the walls up and stole stuff an

The lady is on vacation. She is pressing charges when she gits back. What will happen to my son. Will they put him in jail. If so how long?

Arthur Calderon answered on Jul 5, 2019

I definitely agree with the previous answer. You need to get with an attorney ASAP before this matter gets worse.

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1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on

Q: I had an accident and was transported to the hospital 6 months later I was picked up warrant for not showing up for

For court. The charge was DUI other but I wasn't tested, wasn't charged, booked in or etc. Was automatically found guilty when I missed court I knew nothing about what can I do.

Arthur Calderon answered on Jun 22, 2019

You need to contact a criminal defense lawyer ASAP, so that he or she can try and get the conviction overturns and force the prosecutor to start from scratch. Most lawyers on here, including myself, offer free consultations to see how we can help; however, you need to reach out to someone sooner... Read more »

1 Answer | Asked in Criminal Law for Mississippi on

Q: shoplifting from target in Mississippi

I was in target and took a $9.99 bracelet off of it's label because I thought it was a necklace and wanted to try it on. when I realized it was a bracelet I dropped the packaging and threw the bracelet in my bag because I was scared to leave evidence. as I was leaving an undercover employee... Read more »

Arthur Calderon answered on Jun 22, 2019

Your post is unclear, as there is no question? Were you ever actually charged with shoplifting?

1 Answer | Asked in Criminal Law for Mississippi on

Q: My nephew done 3 yrs in mobil Alabama prison then went to Mississippi. For 3 yrs. Alabama has another charge. He signd

A extradition waiver today. He was up for parole in July. So what I'm asking is first can they put another charge on him after he has already done his time in Alabama ? Second will the time he has served in Mississippi count for time served in Alabama? Thank u

Arthur Calderon answered on Jun 22, 2019

Yes, they can charge him with commission of another crime in another state; however, he will likely not receive any credit in Alabama for his conviction in Mississippi, as they are two different states with two different sets of laws.

1 Answer | Asked in Child Custody for Mississippi on

Q: I have an court order for my son father. His last payment was in 2007. My son is 27 now Can I collect.

Arthur Calderon answered on Jun 22, 2019

You cannot collect; however, your son can. Considering that your son is 21 years old, time is of the essence, because if he does not get a lawyer to file the necessary paperwork before he turns 28, then he will never be able to collect the back child support. I would highly encourage your son to... Read more »

1 Answer | Asked in DUI / DWI for Mississippi on

Q: Can a portable breathalyzer reading be used as evidence in court?

Arthur Calderon answered on Jun 22, 2019

Typically no, as it is only used for establishing probable cause to make an arrest based on a DUI.

1 Answer | Asked in Criminal Law for Mississippi on

Q: My bro. accused of putting gas in personal vehicle from State Ms pump last year he denied. No charge filed he agreed

To Retire. He was arrested 6/14/19 for embezzelment, no money for lawyer. No bond hearing set as of 6/18. In rankin county jail charged on all gas put in work truck. Amounts to $1,100 approx.

Arthur Calderon answered on Jun 22, 2019

He needs to see about trying to contact a private criminal defense lawyer or get with his public defender. Some lawyers, such as myself, work with their clients to figure out a payment plan to cover fees and expenses; however, your brother will need to contact the attorney.

1 Answer | Asked in Criminal Law for Mississippi on

Q: I conspired to commit a burglary but didn't go through with it and my codefendant did. Am i liable for the same offense.

Or am i just accountable for the conspiracy?

Arthur Calderon answered on May 19, 2019

It really depends on the facts and circumstances. From the sound of it, you have a decent defense already lined up, now it's just a matter of presenting the defense to the jury. I would highly recommend getting in touch with a criminal defense lawyer to further discuss, and refrain from putting... Read more »

1 Answer | Asked in Domestic Violence for Mississippi on

Q: If someone catches a Domestic Aggravated Assault 97-3-7 (4) crime what do the (4) mean?

Arthur Calderon answered on May 8, 2019

That's a subsection of the relevant domestic violence statute.

1 Answer | Asked in Child Custody for Mississippi on

Q: How do I get emergency custody of my grandaughter in Gulfport me?

Arthur Calderon answered on May 8, 2019

You will need to petition the court for emergency custody, giving reference to the reason for said custody.

1 Answer | Asked in Criminal Law for Mississippi on

Q: I have an aggravated assault charge from 1997, how can I get it expunged

I was a teenager when I got this charge and was tried as an adult. I haven't been in trouble since

Arthur Calderon answered on May 7, 2019

Unfortunately, because it is considered a violent crime, it cannot be expunged; however, it looks as though you are eligible for a certificate of rehabilitation, which would restore some of your pre-conviction rights. I would encourage you to reach out to an attorney to discuss further.

1 Answer | Asked in Child Custody and Domestic Violence for Mississippi on

Q: Abusive ex has taken our 5 month old daughter from MS to LA which state do I need to file for custody in?

my daughter was born in Louisiana due to insurance but has Mississippi address listed on the Birth certificate and she has lived her entire life in Mississippi. Her father who took her is on the birth certificate.

Arthur Calderon answered on May 6, 2019

You can file for custody in Mississippi, since that is where residency was established; however, you may want to do it sooner rather than later, otherwise, residence may be established in LA.

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