Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Arthur Calderon
1 Answer | Asked in Criminal Law for Mississippi on
Q: What is the length of jail time for stealing a dirtbike in Mississippi
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 9, 2024

This is a little bit of a tricky question. In Mississippi, the length of jail time really depends on the value of the dirt bike. Depending on the circumstances, it could also be worked out to where a person may not have to serve any sort of jail time, and instead the person can participate in a... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I would like to know how to file motion of dismissal after I've not been indicted in 2 years on C/S charge in 9/21

I understand there's no set time for indictment but can I argue the due process to a speedy trial argument and file for a motion to dismiss being it's taking 2 years and still no indictment. The c/s was not in my possession it was in the car I was driving so constructive possession is... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 9, 2024

The process of filing a motion to dismiss is relatively simple. What you will need to do, assuming you do this pro se, is just file the motion in the court where the matter is pending, and refer to the various Barker factors (time since arrest, whether the right to speedy trial was invoked, the... View More

2 Answers | Asked in Federal Crimes and Criminal Law for Mississippi on
Q: I got stopped and had 4 grams of meth on me and a pipe what should I do before court
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 30, 2023

First and foremost, the first thing you need to do is get a lawyer. Having the pipe is the lesser crime of the two, since prosecutors typically go after the controlled substance charge more than anything. That being said, there are some ways to minimize any potential jail time that you may end up... View More

View More Answers

2 Answers | Asked in Criminal Law for Mississippi on
Q: A investigator has called my wife to come in for questioning. Does she have to go down there?

My wife and the investigator have past runnings and she is scared to go down there without advice from my lawyer.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 30, 2023

The previous answer is exactly correct. In these situations, there is no set obligation to talk to an investigator, especially without an attorney present. Your wife's best bet is going to be to reach out to an experienced criminal defense lawyer to discuss the details of the investigation and... View More

View More Answers

1 Answer | Asked in Criminal Law for Mississippi on
Q: how long does it take for my lawyer to get my motion of discovery?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 13, 2023

It usually does not take very long. Typically, once the motion is filed, the state is obligated to produce the discovery quickly, and if they do not, then the defense lawyer could file a motion to exclude that evidence or request sanctions (including a potential dismissal) due to a discovery... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I got a felony drug charge on January 20 2023. And it's October 4 2023 and I still haven't been indicted for the charge.
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 13, 2023

It sounds like there may be the potential for a motion to dismiss based on lack of a speedy trial. Usually, the magic number is nine months before the delay is considered presumptively prejudicial. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can I get case dismissed if I haven't been indicated in 7 months
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 13, 2023

Possibly; however, usually the magic number is nine months before the delay is considered presumptively prejudicial. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the facts and circumstances of your case, or at the very least to get some additional... View More

1 Answer | Asked in Employment Law and Civil Rights for Mississippi on
Q: How to go about suing a company for American Vunerable Abuse Act in State of Mississippi ?

My son is Autistic but highly functional, he does have certain things that he cannot learn certain things like how to drive and his right hand from his left, count money, and he is also ADHD, his employer knew this when they hired him, he worked for 2 weeks without pay, or the required background... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 27, 2023

I hate seeing this. Based on the facts as you've presented, your son may have a claim for discrimination and constructive termination; however, it is going to depend on some more facts, as those types of cases are very fact intensive. Your best bet is going to be to reach out to a lawyer to... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: If a person doesn't bond out of jail after being charged with a felony, is there a set number of days to get indicted?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 12, 2023

Long story short, there is no set number of days that they State has to present a case over to the grand jury for a potential indictment; however, with each passing day, there is an increased likelihood of a dismissal based on the violation of the constitutional right to a speedy trial. The other... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Penalties for conviction of taking a motor vehicle first offense in Mississippi
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 6, 2023

The penalties for auto-theft are relatively low. That being said, if this was the person's first offense, there is a significant likelihood that the person could avoid jail time and even avoid having this on their record. I would highly recommend that the person reach out to an experienced... View More

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: I live in Baldwyn MS, the neighbor dog has bitten three children in community, and what can I do to keep my child safe

The dog is allowed to run loose, and come across road to my house regularly, I have a 2 year old grandchildren afraid to go in yard..I have shot at it.,and hollered, neighbors just look and leave.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 6, 2023

There's really not a whole lot that you can do, aside from alert local law enforcement. Keep in mind that in Mississippi, a dog really only gets one bite, and that one bite puts the owner on notice of the dog's violent propensities. In other words, after that first bite, the owner is... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Should i plead not guilty to a possession paraphernalia from two years ago didnt even no I was charged with it

Didnt no I was charged with it till week ago summons came in mail .drive/owner of the vehicle said every thing was his I was let go without a citation nor did I have too sign anything

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 10, 2023

From a strategic standpoint, it always makes more sense to plead not guilty to any charge, at least until you and your lawyer have had a chance to review everything, see if there is not enough evidence against you, or see if there is a way in which the case could end up being dismissed or the... View More

1 Answer | Asked in DUI / DWI for Mississippi on
Q: My son was arrested and charged with dui and reckless driving. He refused the breathalyzer therefore no evidence. Cont.

His Mariana rights weren't read til he got to the police station. Does that matter and are public defender lawyers reliable?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 12, 2023

Whether he was read his Miranda rights depends on whether he was subjected to an interrogation, where he incriminated himself. As to the public defender, it really boils down to whether you satisfied with the public defender or not. There are good public defenders, just as there are good private... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Mississippi on
Q: Hey,I was charged with hindering prosecution- first degree. How serious could this be?

Involved in an accident w/ 3 friends. One of them died in the accident. I blamed myself and said I was driving to protect the sister who was the one driving. We didn’t know the sister was going to die. I didn’t know things were going to get so serious. And first I was charged with manslaughter... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 6, 2023

It really depends on the situation; however, hindering in the first degree is still considered a serious offense. I would highly encourage you to reach out to an experienced criminal defense lawyer, so that they can learn more about the facts and circumstances, and develop a plan of action to... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Mississippi on
Q: What law gives law enforcement the right to enter onto ones property/land w/out a warrant, and without probable cause?

Also, there was nothing in Plain view, and there were no exigent circumstances.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 4, 2023

It really depends on the circumstances. Typically, law enforcement can enter one's property without a warrant if, like you said, there were exigent circumstances or in pursuit of someone who the officer was notified was engaged in wrongdoing.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If you have gotten a felony charge and the arresting officer didn’t read you your Miranda rights can the case be demised
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 15, 2023

It really depends on the situation. The failure to tell a person their Miranda rights does not necessarily mean that the case will be dismissed; however, it could mean that any confession or statements made by the person may not be able to come in. Once again, though, it depends on the situation.

3 Answers | Asked in Workers' Compensation for Mississippi on
Q: My dominant hand and about a quarter of my forearm was cut off at work. How much of a settlement should I expect ?

This happened on 11/17/22. I opened a saw up after turning it off to visually inspect a blade. I kneeled down on my knees and the door swung into my back. I reached up and pushed the door back open and I guess my hand hit the button and the saw came back on. As soon as it came on the bottom of my... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 6, 2022

This definitely sounds like something that should be covered under workers' compensation. As the other answered indicated, you definitely need to reach out to an experienced workers' comp attorney to talk further, so that your rights are protected. Feel free to reach out to anyone on here... View More

View More Answers

1 Answer | Asked in Criminal Law for Mississippi on
Q: If I was assaulted then later the person claims stalking and we have a hearing do I need a lawyer?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 7, 2022

It really depends on whether you think that you can adequately defend yourself against the charges that the other person put on you. Your best bet will likely be to have representation, since a lawyer can 1) defend you, and 2) be in a better position to question the other side.

1 Answer | Asked in Car Accidents for Mississippi on
Q: Hi my insurance company paid for my towing service after my accident tow company want send an invoice

After my accident, the towing company was called by the police officer who investigated the accident my insurance send over paper work needed for the company to get paid now the company will not send over the invoice to my insurance company and still have my car

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Oct 26, 2022

From the looks of it, you may want to consider talking with a lawyer to discuss the accident, as well as the steps that you or he may need to take to make sure that the towing company provides the paperwork.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I was attacked, unprovoked with a golf club at a friend's residence, by a mutual friend, what can I do
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 30, 2023

If you were assaulted, then you have a right to go press charges against the person at a local municipal or justice court. There is also the possibility of civil liability, if the attack ended in injuries that required you to see medical treatment.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.