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Questions Answered by Arthur Calderon
1 Answer | Asked in Child Custody for Mississippi on
Q: I lost custody now custodial parent in jail for murder My son is with custodial parents family and will not give him me

While incarceration i agreed to allow my son to go live with his dad the judge agreed so my son went from dhs custody to his dads custody i never signed anything giving my rights up or anything i never received copy of any custody paper work now im at of jail my sons dad has bern keep my son from... Read more »

Arthur Calderon
Arthur Calderon answered on Jun 7, 2020

You need to get with a family law lawyers ASAP. Assuming that there is paperwork giving you joint legal custody, unless there is something saying that you cannot have the child, then you are entitled to have him in your custody.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I’m out on felony bond I go Wednesday to get indicted will I be arrested again?
Arthur Calderon
Arthur Calderon answered on Jun 7, 2020

So long as the bond has to do with the indicted case, you should be good to go. Regardless, you may want to consider getting with a criminal defense lawyer as soon as possible, as it is not unusual for DAs to try and have the court review the bond immediately upon indictment. Feel free to reach out... Read more »

1 Answer | Asked in Divorce for Mississippi on
Q: If I file for a no-fault divorce, can I later change it to at-fault? What if my spouse files first?
Arthur Calderon
Arthur Calderon answered on May 25, 2020

You can; however, in most cases, a party files with fault based grounds, with ID as an alternative. If you end up coming to an agreement with the other party, then you can agree to proceed as an ID divorce.

1 Answer | Asked in Employment Law for Mississippi on
Q: I was constructively discharged. OSHA confirmed that my issues were valid and true. The company admitted that, Can I sue

I was hired as A boat Captain in MS to replace the existing Captain ( howard) who the company said, was Going to retire. Howard had no intentions of retiring. Howard did everything he could to run me off. I tolerated it for sometime because I really needed the Captains job. Eventually it became... Read more »

Arthur Calderon
Arthur Calderon answered on May 22, 2020

There may be a case there for constructive termination; however, your best bet is going to be to contact a lawyer directly to review the facts and circumstances in more detail. Feel free to reach out to any lawyer on here by clicking the contact information next to their name. Most lawyers on here,... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How can I request a continuance on my case without a lawyer, due to Covid-19, without having to be in court?

I have court on Tuesday May 26th. The court has already continued the trial twice now due to Covid-19. I have not been able to find council, nor can I afford an attorney with being without a job due to covid-19. So I need to request a continuance for those reasons and also because I don't... Read more »

Arthur Calderon
Arthur Calderon answered on May 22, 2020

Your best is going to be to contact the court and request the continuance, and explain to them the reasons for your request.

1 Answer | Asked in Collections for Mississippi on
Q: I failed to appear in court twice over a medical debt. What are the consequences besides having a judgement entered?
Arthur Calderon
Arthur Calderon answered on May 22, 2020

Once a judgment is entered, then they request review of all of your assets to collect on the judgment. That being said, if you have been summoned to appear and fail to do so, you may also be looking at criminal penalties.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My daughter turns 12 next month and wants to live with me full time. Can I do this myself at a courthouse w/no lawyer?

I understand that the child can choose which parent they want to live with if they are 12 or older, even though the judge has the overall decision on the matter after an interview with the child. Now to my question. Is having a lawyer required for this process? Or is it something I can go to the... Read more »

Arthur Calderon
Arthur Calderon answered on May 22, 2020

It is something that you can attempt to do yourself; however, when it comes to custody matters, many judges throughout the state require that the parties be represented by an attorney.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: How do I file for a certificate of rehabilitation in MS, through the circuit court?

December 2013 charged with 3rd DUI, May 2015 completed house arrest, october 16 completed probation.

Arthur Calderon
Arthur Calderon answered on May 18, 2020

You would need to file a petition for a certificate of rehabilitation with the circuit court. Be aware, though, that petitioning the court is not a guarantee that the judge will issue a certificate. The court typically considers several factors, such as the nature of the underlying conviction, how... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My ex. arrears balance is 84,000 for twins who are now 23. One has a handicap. Does this balance expire due to age?
Arthur Calderon
Arthur Calderon answered on May 16, 2020

Yes. Your children (or you acting on their behalf) have until their 28th birthday to initiate an action against your ex to collect the arrears, otherwise the balance may be wiped clean. I would highly encourage you to reach out to a family law attorney as soon as possible, so that an action can be... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: If you have been sentenced to drug court and then ran with a 15 year sentence can you still go get an identification car
Arthur Calderon
Arthur Calderon answered on May 16, 2020

You should be able to get an ID card, since participation in drug court or a probation program does not limit your ability to obtain identification.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: 1) If an officer in MS does not show to court will the ticket be dismissed 2) Can an officer pull you over for passing?

Was pulled over for "speeding" when legally passing on a two-way highway. No cars were coming the other way and weather conditions were fine.

Arthur Calderon
Arthur Calderon answered on May 16, 2020

If he doesn't show, you definitely need to ask that the case be dismissed, since you have the right to confront him. That being said, depending on the judge, be prepared for the prosecutor to try and continue the matter until a future date to allow the officer to appear.

1 Answer | Asked in Municipal Law for Mississippi on
Q: What should you do or expect?

If your accused of shoplifting and at the store u receive a citation telling you when to appear in court but the letter in mail is showing like you were arrested and when the arraignment is. Also its the first time you have had any legal trouble.

Arthur Calderon
Arthur Calderon answered on May 16, 2020

That first date should be the deadline to plead guilty or not guilty. Assuming you plead not guilty, they will then set the matter for trial at some point in the near future.

With that in mind, you should always plead not guilty, and then have your lawyer gather information concerning the...
Read more »

1 Answer | Asked in Contracts and Traffic Tickets for Mississippi on
Q: if pulled over and drugs found does the cop need to issue a traffic ticket to justify pc
Arthur Calderon
Arthur Calderon answered on May 16, 2020

Not necessarily. The only thing that the officer would need to establish would be that he had a reason to suspect that you violated a traffic law. That being said, the search of your vehicle could be challenged, because there is a particular process that the officer would need to follow in order to... Read more »

1 Answer | Asked in Family Law and Military Law for Mississippi on
Q: Can i file for an annulment with my husband being in Guam with the military? We both have agreed on everything

We have nothing together, no kids or pets, and do not wish to dispute anything.

I will also be moving back to Ohio within the next week or two

Arthur Calderon
Arthur Calderon answered on May 16, 2020

Getting an annulment is tricky; however, from the looks of it, it would likely be easier for you to get a divorce, especially if he is in agreement. I would highly encourage you to reach out to a lawyer to discuss further, as the process is relatively simple and straightforward. Most lawyers on... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Mississippi on
Q: My child's father came to get our child and has not returned her in almost 2 months.

I'm unable to communicate with her father and have to go through his fiance and she barely picks up the phone. I haven't talked with my child in weeks because they never pick up the phone. I contact via Facebook messenger and barely get a message back. I've asked over and over... Read more »

Arthur Calderon
Arthur Calderon answered on May 16, 2020

You need to get in touch with an experienced family law attorney. First and foremost, the main question that I have is whether there is a custody order already in place. If there is, that would outline all visitation matters, in which case there is a good chance that you can file a complaint... Read more »

1 Answer | Asked in Traffic Tickets and Civil Rights for Mississippi on
Q: I had a warrant from evading a state trooper, but it wasn't me. Only have witnesses

Basically I had a warrant because someone either driving my car, or with a car like mines was running from highway patrol.. so I have all these tickets, but I have witnesses that was with me the whole time. Between my tag being stole the day before, and dropping my car off at the body shop... Read more »

Arthur Calderon
Arthur Calderon answered on May 16, 2020

I would still contact a lawyer. Most lawyers on here, myself included, offer free consultations to see how we can help out, and may be willing to work with you.

That being said, if you have the witnesses and documentation, that should be enough to establish reasonable doubt so that you...
Read more »

1 Answer | Asked in Uncategorized for Mississippi on
Q: Receive dead brother last pay check can I cash it
Arthur Calderon
Arthur Calderon answered on May 16, 2020

Likely not, unless you've already opened up an estate and have gotten permission from the court. Your best bet is going to be to talk to a lawyer to see how to go about setting everything up to resolve his affairs. Feel free to reach out to any lawyer on here by clicking the contact... Read more »

1 Answer | Asked in Uncategorized for Mississippi on
Q: Just received my brother last pay check he died last week can I cash it
Arthur Calderon
Arthur Calderon answered on May 16, 2020

There is a chance that if you went ahead and cashed it, you could face criminal charges. I would highly encourage you to reach out to a lawyer so that you can discuss the possibility of opening up an estate for him so that you can resolve his affairs.

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: How can my husband get custody of my 3 children from their mother, who has full custody?

My husband and I have had his 3 children for 6 years. Their mother has full custody of them, but she has nothing to do with them. Maybe twice a year she sees them. Sometimes, she will show up and take them out of school, only to drop them off with us after a month or two and never show back up. She... Read more »

Arthur Calderon
Arthur Calderon answered on May 16, 2020

From the sound of it, you have a decent shot at modifying custody so that he has custody of the kids. The problem that comes into the play would be the back child support, because that continued to accrue even though the kids were living with you. I would highly encourage you to reach out to a... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: How can my brother get answers about his child support case with him being the non custodial parent?

He received a letter in the mail stating that he had a 0.00 balance in arrears then a few days later in received a letter that he is $1400 in the rear. He have sent letters , he went to the office, and he has called to request someone to talk to him and No one will talk to him about his case.... Read more »

Arthur Calderon
Arthur Calderon answered on May 16, 2020

His best bet will be to continue reaching out to someone with child support enforcement, and request an accounting statement so that he can verify what his balance is, and when the balance accrued.

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