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Questions Answered by Arthur Calderon
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 »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can u be convicted if u were completely unaware that a fire arm was stolen.

We had just came in contact with the firearm we were taking it to a dealer to have it checked out and to sell it for owed money from a loan. We ran into a road block.. Neither of us knew it was stolen we were under the impression it was a clean gun. We do not have a criminal record.

Arthur Calderon
Arthur Calderon answered on Jan 11, 2021

It always depends on the circumstances. In this situation, while you were in possession of a stolen firearm, the prosecutors would have to prove that you either knew or had to reason to know that it was stolen before you could be convicted.

1 Answer | Asked in Criminal Law for Mississippi on
Q: In mississippi, does prosecutor have to indict using habitual offender clause for third felony
Arthur Calderon
Arthur Calderon answered on Jan 11, 2021

The short answer is no. Prosecutors have ultimate discretion as to how they present an indictment to a grand jury. That being said, they can go back later and amend an indictment to include an enhancement for habitual offenders.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Mississippi on
Q: Possession charge flowood ms, I notice at the bottom I swear to show up on or before the court date, can I just pay fine

Ahead of time instead of going in front of court?

Arthur Calderon
Arthur Calderon answered on Jan 2, 2021

Maybe. However, I would highly encourage you to reach out to a lawyer to see whether there is a way to keep this off of your record.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Can I pay my fine without going to court?

I had got into a car accident that wasn’t my fault but I didn’t have insurance and license at the time but I have my license and insurance now and I have court in feb. since I don’t stay where I had the accident at can I just pay the fine and don’t go to court.

Arthur Calderon
Arthur Calderon answered on Jan 2, 2021

You can; however, sometimes, the Court may be more lenient if you gather the necessary documentation before your court date. I would also highly encourage you to speak with a lawyer concerning the wreck. If the wreck was not your fault, and instead was caused by someone else, then that may mean... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is this sentence violent or non violent?

If a person convicted of DUI-death, was released on good behavior, and had a parole violation due to not checking in with po so had a first time revocation and was sentenced to 6 more years. But no new crime was committed, would the new sentence be considered violent or non violent? Trying to... Read more »

Arthur Calderon
Arthur Calderon answered on Dec 28, 2020

Typically, this would be considered violent, since it resulted in a death, which means that the person would likely serve the entire 6 years if it was imposed by the court.

1 Answer | Asked in Criminal Law for Mississippi on
Q: is it best to fess up to Money stole from work. Or better to see what evidence they have and let lawyer work it out

Money has been takin from where i Work and i would like to get ahead of this thing. No Questions have been asked yet.

Arthur Calderon
Arthur Calderon answered on Dec 28, 2020

Never give the prosecution its case if you do not have to. You're thinking about things the right way; however, you need to reach out to a criminal defense lawyer ASAP so that they can guide you through the process and discuss the facts of your case.

1 Answer | Asked in Child Support for Mississippi on
Q: Hello my son just turn 21, But his father owes $18,000 in back child support so did my son childsupport stop at age 21
Arthur Calderon
Arthur Calderon answered on Dec 28, 2020

It's really going to depend on the language in the child support order; however, since your son has reached the age of majority, he will need to sue his father for the back child support within a certain time frame, otherwise he will not be able to collect the back child support.

1 Answer | Asked in Car Accidents for Mississippi on
Q: A drunk driver ran a red light and hit me last night, am I eligible for the Mississippi crime compensation act?

After the driver struck me, he proceeded to accelerate into my truck trying to flee while I was standing on the outside of his truck making sure him and his passenger were okay and also trying to get his insurance information.

Arthur Calderon
Arthur Calderon answered on Dec 28, 2020

You may end up being eligible for compensation since he was trying to flee. Typically, in these situations, there will be some interplay between the compensation act and the insurance company. I would highly recommend that you reach out to a lawyer that has experience in both areas so that they can... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Mississippi on
Q: What's does 3years in custody of mississippi department of corrections two years suspended 1 Year isp 5years supervised
Arthur Calderon
Arthur Calderon answered on Dec 14, 2020

It sounds like the overall sentence would be 8 years, with three to serve; however, without actually seeing the sentencing order, it is hard to determine how much time would actually be served. From my initial glance of what you are saying, it sounds like there would be no time to serve, and... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Why would my lawyer ask that my trial for possession of a controled substance be moved from city court to circuit court?

I have a possession of a controlled substance charge. My lawyer had it moved from municipal court to circuit Court. I have not been able to speak with him for very long to ask why. Would that mean there would be a jury? It is my first felony charge. I have a few prior misdemeanors

Arthur Calderon
Arthur Calderon answered on Dec 14, 2020

It sounds like your lawyer waived your preliminary hearing so that your case could be bound over to the grand jury. Without more information, it's rather hard to answer this question. As to whether there would be a jury, yes, if it is going to be in the circuit court, that would mean that... Read more »

1 Answer | Asked in Employment Law for Mississippi on
Q: I worked for a company 30 years and was diagnosed with CLL in 2016, doctor said from recent blood work i had it 2 years

Prior, I sure it’s from the chemicals I worked around and the industrial paint we used, Should the company be held liable for this ??

Arthur Calderon
Arthur Calderon answered on Nov 28, 2020

There is a very real possibility that the employer could be liable to some extent, as well as the manufacturer of the industrial paint that you used. I would highly encourage you to reach out to an attorney to further discuss. Most lawyers on here, including myself, offer free consultations to see... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: What is the most a male officer can search on a female??
Arthur Calderon
Arthur Calderon answered on Nov 28, 2020

It really depends on the circumstances, such as whether it was a stop and frisk or the search occurred in a correctional facility, as well as on other factors. Regardless, it is general policy that a female conduct intrusive searches on females.

1 Answer | Asked in Civil Rights for Mississippi on
Q: It is unlawful to defend a relative from an illegal arrest?
Arthur Calderon
Arthur Calderon answered on Nov 22, 2020

Typically not. If a person is being unlawfully arrested, then Mississippi law explains that there is a right to defend oneself and others from that unlawful arrest. The tricky part is establishing that the underlying arrest was done illegally (i.e., without probable cause, maliciously, etc.).

1 Answer | Asked in Personal Injury for Mississippi on
Q: My wife and I was eating at a restaurant, asked for Coffee . Waitress spilled Hot Coffee on my wife.
Arthur Calderon
Arthur Calderon answered on Nov 11, 2020

It really depends on the nature and extent of damages. If this is a situation where your wife suffered from burns and had to seek medical attention, then there may very well be a case there. I would highly encourage you to reach out to a personal injury attorney to further discuss. Most lawyers on... Read more »

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