Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Arthur Calderon
1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: fedex driver ran over and killed my dog on my property, i have security video of the incident. what charges if any?

lawyer hired by fedex claims it is our fault for letting the dog out on our own property. our county does have a leash law, but it specifically states that you become liable when dog leaves your property.

Arthur Calderon
Arthur Calderon answered on Sep 1, 2021

Depending on how the driver was handling the truck when this occurred, there may be a good argument to have FedEx at least pay some damages, though it would depend on the type of dog, bills associated with it, etc.

1 Answer | Asked in Employment Law for Mississippi on
Q: I work for Amazon, in January I injured my knee, tried several treatments nothing worked now I need a knee replacement.

I will miss 2 to 3 months of work making only 60% of my day? Do I not get paid my full pay because I injured my knee at work. I have already missed time from work for other treatments for my knee and was only paid for a few days missed. Some of the days I missed I wasn't paid for?... Read more »

Arthur Calderon
Arthur Calderon answered on Sep 1, 2021

It sounds like there are quite a few issues with how Amazon is handling this situation. I would highly encourage you to reach out to an experienced workers comp lawyer ASAP, as these types of matters are very time sensitive. Most lawyers on here, including myself, offer free consultations to answer... Read more »

Q: Can I be put on 6 months misdemeanor probation with $600 fine for poss of marijuana when it was less than a gram (.2g)

I was a passenger in a car. We were initially stopped by 2 city officers for the window tint. We're were immediately pulled out of the vehicle and searched. I had to tiny pieces of weed in my pocket. Not even a gram .2 grams to be exact. I plead not guilty. The judge set me a court date. Once... Read more »

Arthur Calderon
Arthur Calderon answered on Aug 10, 2021

They can if you ended up pleaded guilty or were found guilty by the court. The good news, though, is that at the of this the 6 months, your record will be expunged and it will not even show up on your record. The bad news is that you only get one bite at the apple when it comes to getting... Read more »

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: What can be done legally when a dog killed my dog?

we were invited by a pitts owner who did not ensure the animal was secured and her stepson let him out who immediately attacked my dog. After 12000.00 vet bill, he died. I can prove he killed 20 chickens the week before and goats months before that. Thus is in smith county. I made a report ar... Read more »

Arthur Calderon
Arthur Calderon answered on Aug 3, 2021

You could potentially sue the owners of the pitbull. If the dog had a history of being violent, then they were effectively put on notice of the dogs violent propensities, which means that they could be found to be legally responsible for any damages to a person or their property.

1 Answer | Asked in Traffic Tickets and Criminal Law for Mississippi on
Q: pulled over in mississippi all police found was a used syringe and wrote ticket for paraphernalia wat can i do about it
Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

As much as I hate to give a lawyer answer, the short answer is that it depends. Perhaps most importantly is that it depends on what you told the officer, as well as why there was a syringe in there to begin with. If you or someone you know requires the syringe, and it was simply left in there, then... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Traffic Tickets for Mississippi on
Q: Can a cop pull someone over because it appears they have no seatbelt, then give tickets for marijuana and paraphernalia?

Someone I know got pulled over for appearing to have no seatbelt, when they had one on the whole time. After being pulled over, the cop smelled marijuana and the person was honest and showed him, he had 2.5 grams and also the pipe he hit it out of. The cop issued 2 tickets, in pencil, possession of... Read more »

Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

Likely not, unless it is absolutely established that the officer was lying. Typically, an officer can pull someone over for any traffic violation or perceived traffic violation. Afterwards, such as in a situation like this, if a person volunteers information about possessing a controlled substance,... Read more »

1 Answer | Asked in Constitutional Law for Mississippi on
Q: Can you be denied a continuance if your trying to hire another attorney to represent you in trial
Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

Yes, depending on the circumstances. Oftentimes, judges will allow a continuance so that you can try to secure private counsel; however, they will also typically give you a deadline to hire a lawyer, otherwise you will have to move forward with a public defender or without representation.

1 Answer | Asked in Gov & Administrative Law for Mississippi on
Q: How can you wave your rights at a preliminary hearing when you are sitting there waiting to see the judge
Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

You can waive your right to a preliminary hearing by informing the court that you are waiving it. That being said, you should only waive a preliminary hearing in very few circumstances, as you have every opportunity to see what all the prosecutor may have that led to the charges against you.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Mississippi on
Q: Can a witness write a statement an go to court an give t totally different statement
Arthur Calderon
Arthur Calderon answered on Jul 16, 2021

Yes, they can, and it happens quite a lot more often that people realize. Usually, whenever a witness does something like that, they are putting their credibility at risk.

View More Answers

1 Answer | Asked in Criminal Law for Mississippi on
Q: charged in 2 different counties for lustful touching and found not guilty in one county

If im charged in 2 different counties for lustful touching same thing just different places and jury finds me not guilty in one county how does it work in my trial of the other county. I don't understand how that works. Isn't that double jeopardy?

Arthur Calderon
Arthur Calderon answered on Jul 11, 2021

Perhaps, but the facts and charges would have to be for the same incident. There are a lot of subtleties when you start talking about double jeopardy. Your best bet is going to be to get with an experienced criminal defense lawyer and show them all of the paperwork/charges from both counties so... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can you get a bond on a capital murder charge if you didn’t do it and have a recording saying who did it
Arthur Calderon
Arthur Calderon answered on Jul 5, 2021

Mississippi is tricky when it comes to bonds for capital murder. Capital murder by itself is eligible for bond, so long as the proof is not evident. With a recording of someone else saying that they did it, that should be enough to establish a bond, provided that the person wasn't out on a... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: A search warrant was served at my friend's home where I rent a room from them. Can they search my things in my room

I have a lock on the door I was asleep with the door shut. They came in I was naked they uncovered me twice knowing I had no weapons and no clothes on

Arthur Calderon
Arthur Calderon answered on Jul 5, 2021

Provided that the warrant was a valid warrant, then law enforcement would be able to search that room with very little exception. That being said, the warrant validity could be challenged, especially if they presented false or misleading information to secure the warrant.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is it possible to have a guilty misdemeanor conviction of “Contributing to the Neglect of a Child” expunged in MS?

If yes, is there a waiting period post conviction?

Arthur Calderon
Arthur Calderon answered on Jul 5, 2021

It is certainly possible, provided that it is indeed a misdemeanor. Typically, you have to wait at least a year after all of the terms and conditions of your conviction are satisfied in order to get an expunction.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can a person under 13 yrs of age be charged with a crime in MS? Specifically a felony.

In the case of Buddy the dog, the sheriff stated a minor under 13yrs can't be charged with a crime, but on your page someone asked about a 12 yr old and it was said that yes they can be charged with their crime and taken to jail. What was done to Buddy was a felony offense and the boy should... Read more »

Arthur Calderon
Arthur Calderon answered on Jun 13, 2021

It really depends. Typically, a minor can be charged with a felony, but where they end up depends on what the underlying crime is. If it is non-violent, the minor will typically go to youth court; however, if it is a violent crime, it will typically go to circuit court. Regardless, assuming that... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: My boyfriend was arrested in November of 2020 and remains incarcerated at the pike county jail. He has not been indicted

How long can he be held without being indicted

Arthur Calderon
Arthur Calderon answered on Jun 13, 2021

It really depends on a few things, such as whether your boyfriend was already out on bond when he got arrested, what was the nature of the underlying charge, etc. Regardless, unless it is a capital offense or he was already out on bond, he should be entitled to pretrial release. That being said, if... Read more »

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: Is it ok for my neighbor to leave his dogs loose all day everyday even when he Is away from the house because his dog

Has bitten a child and he says he dont have to chain his dogs up

Arthur Calderon
Arthur Calderon answered on May 30, 2021

Likely not. If he is allowing the dog to get out and the dog bites someone, especially after having already shown a propensity for viciousness, then he could be found liable for any harm that the dog causes. It sounds like it might be worth it for you to talk to a lawyer about, especially if the... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Ms law for 2 felony shoplifting now charge with misdemeanor. On probation and did time for the 2 others got golden seal
Arthur Calderon
Arthur Calderon answered on May 30, 2021

I'm not entirely sure what you are asking; however, from the looks of it, you would benefit by having a criminal defense lawyer to discuss the facts of your case with you and see what can be done to get you the best possible outcome.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Sell, delivery, transfer of stolen firearm is what I was charged with gun had no firing pin will this help my case
Arthur Calderon
Arthur Calderon answered on May 30, 2021

Likely not. Even if it does not have a firing pin, usually it is still treated as a gun transaction. Your best bet it going to be to get with an experienced criminal defense lawyer to see what the facts of your case are and see what can be done to help you out.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If I was under the age of nineteen when I was charged with a sexual battery am I eligible for parole ?
Arthur Calderon
Arthur Calderon answered on May 30, 2021

It depends. If you were simply charged and never convicted, then you would not be on parole. However, if you were convicted, then it depends on what you were actually sentenced to and how it is structured.

1 Answer | Asked in Federal Crimes, Criminal Law and Divorce for Mississippi on
Q: I have a friend and he is in jail for a 10000 felony theft of property n a attempt of Court charge how long do you think

Phil Phillips in Mississippi Hernando Jail

Arthur Calderon
Arthur Calderon answered on May 30, 2021

It really depends on where he is at in the process. If he has not been indicted and was not already out on a felony bond, then he should be eligible for bond now. It is in your friend's best interest that he contact an experienced criminal defense lawyer so that he can talk about the facts of... Read more »

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.