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Questions Answered by Arthur Calderon
1 Answer | Asked in Employment Law and Workers' Compensation for Mississippi on
Q: Injury at work

Workplace only has one employee so worker’s compensation isn’t required. If that employee gets injured at work, is the employer responsible for medical bills?

Arthur Calderon
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Arthur Calderon
answered on Apr 20, 2020

The employer could be, depending on the circumstances. I would highly encourage you to reach out to a workers compensation attorney sooner rather than later, so that you can go over the details of your potential case.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I haven't been to court for a disturbing the family peace charge. The woman that pressed charges is dead.

Can I still be prosecuted?

Arthur Calderon
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Arthur Calderon
answered on Apr 16, 2020

You can still be prosecuted, but you now have a strong argument that the case should be dismissed because the complaining witness is dead. Your best bet is going to be to get with a criminal defense lawyer to discuss the case a little further, and determine whether this is something that you may be... View More

1 Answer | Asked in Child Custody for Mississippi on
Q: I am trying to what is the best way to file for emergency custody?

I am trying to give my friend and fiance temporary custody of my son as i lost my job and home due to funds. What is the best way to go about this?

Arthur Calderon
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Arthur Calderon
answered on Apr 10, 2020

You will need to hire a lawyer to file the necessary paperwork with the Court. Keep in mind that you would also need to notice the biological father on any court proceeding.

1 Answer | Asked in Child Support for Mississippi on
Q: my Ex-husband and I share custody of our son he won’t pay child support.

I called DHS they said he never filed a paycheck stub to show what he makes. Do I have to allow him to see our son?

Arthur Calderon
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Arthur Calderon
answered on Apr 10, 2020

Yes. Even though he does not pay child support, you still have an obligation to produce the child for visitation, otherwise you would also be in contempt of the court order.

1 Answer | Asked in Child Support for Mississippi on
Q: I currently pay child to the mother but my daughter lives with me. The mother is incarcerated. Will my support stop?

She has been living with me for 2 years. To hire a attorney and have the support reversed cost over 2000$

Arthur Calderon
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Arthur Calderon
answered on Apr 10, 2020

You would definitely need to hire a lawyer to draft the necessary documents requesting that support be terminated, and to show a change in custody. Unfortunately, the support does not stop automatically.

1 Answer | Asked in Criminal Law for Mississippi on
Q: What proof does the court need to prove a commercial burglary

A friend left there car at my house overnight and it claiming I broke into it while it was here. But there was nothing stolen from the inside and the doors were still locked when it was picked up. The door had been tampered w though.

Arthur Calderon
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Arthur Calderon
answered on Apr 10, 2020

That would not qualify as commercial burglary. If the state were to pursue autoburglary, they would have a tough job ahead of them, since there was no entrance into the vehicle and nothing stolen.

1 Answer | Asked in Child Support for Mississippi on
Q: If i was in jail

If i was in jail payment was adding up can i get it reduce i was paying before i went in got behind because of jail

Arthur Calderon
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Arthur Calderon
answered on Apr 10, 2020

Unfortunately, once a child support payment becomes due, there is no way to wipe it clean. That being said, if you have had a reduction in your income, you can ask the court to lower your regular child support payments.

1 Answer | Asked in Family Law for Mississippi on
Q: What can we do to get my granddaughter back?

My daughter lives in Mississippi and her ex is refusing to give her daughter back to her. He told her “Good luck with being able to do anything about it during this pandemic”. They were never married and both lived in petal Mississippi until recently he went to stay in Wiggins Mississippi with... View More

Arthur Calderon
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Arthur Calderon
answered on Apr 10, 2020

Your best bet will be to try and contact a legal aid organization, such as Mississippi Volunteer Lawyers Project, to see about getting a lawyer who can assist with an emergency hearing.

1 Answer | Asked in Tax Law for Mississippi on
Q: My boyfriend died he took care of me14 years can I use that money to file income tax

I haven’t filed in 13 years and I can’t get the stimulus without it

Arthur Calderon
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Arthur Calderon
answered on Apr 2, 2020

Unfortunately, as a girlfriend, you would likely not be entitled to any portion of his estate, because you are not considered a legal heir.

1 Answer | Asked in Tax Law for Mississippi on
Q: My boyfriend died he took care of me14 years can I use that money to file income tax

His family has got everything I have not ask for anything. Yes I’m looking for a job. I’m part time now. I need help. The last year I was going to file he didn’t want me to. Can’t I still rev it

Arthur Calderon
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Arthur Calderon
answered on Apr 2, 2020

Unfortunately, as a girlfriend, you would likely not be entitled to any portion of his estate, because you are not considered a legal heir.

1 Answer | Asked in Gov & Administrative Law for Mississippi on
Q: It has been way over 21 buisness days and its first violation but no renovation hearing ..dont they have to release me
Arthur Calderon
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Arthur Calderon
answered on Apr 2, 2020

Under the Mississippi statute, you are correct, in that MDOC should release you. You should probably consider getting with a criminal defense lawyer so that they can press the issue with MDOC and the judge to secure your release.

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Mother is a nurse. She is exposed daily to the covid 19 virus. Is there anyway to try and get temporary custody

The children are at a greater risk of being exposed. Noone in my household leaves the home. The mother is not letting me have visitation due to the virus. Our contempt modification hearing was postponed because of this virus. We live in ms. Mother lives in lousiana. Court jurisdiction is ms

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2020

You can attempt to get temporary custody; however, if there is already a custody order in place, it will be incredibly difficult to modify that, even on a temporary basis. That being said, the easier approach would be to separate the contempt side of things from the modification side, so that you... View More

1 Answer | Asked in Uncategorized for Mississippi on
Q: Can I file a law suite against the county jail for being denied medical attention. I gave birth in the mail while incarc

I was in labor all night and begged for help but was denied assistance because I was just a "convict" trying to get out of jail. On September 16, 2013, at 6:05 am I gave birth in the Neshoba County Jail

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2020

Unfortunately, with the way that Mississippi law works, the time frame to file a lawsuit against the county has likely long-since expired. Typically, to sue a county in state court, you only have one year from the date that the conduct occurred.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Need legal advice on property after someone passes away without a will or estate.

Need legal advice. Parent passed and left 4 children without a will. The eldest was unable to attend to matters after the parent passed and left another sibling to manage affairs. Now the sibling left to manage property is unable to keep up with property taxes and subject to miss payments and lose... View More

Arthur Calderon
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Arthur Calderon
answered on Mar 22, 2020

Unfortunately, without setting up an estate for your parent, there is not a whole lot that can be done. Your best bet is going to be to get with an attorney sooner rather than later, so that the lawyer can set up an estate, appoint someone to manage the estate, and facilitate transfer or sale of... View More

1 Answer | Asked in Civil Rights for Mississippi on
Q: My ex girlfriend cheated on me with another guy now she's pregnant. All I have is pain and suffering.

What can I do? All I have is pain and suffering. She's dating a alcoholic and a pot head.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 22, 2020

Unfortunately, there is nothing legally that you can do as far as seeking pain and suffering from either the ex girlfriend or the child's father. That being said, if the child turns out to be yours, then you would have parental rights that would attach.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I am going to court for possession of methamphetamine ( less than a gram)...first offense. What do I need to expect?
Arthur Calderon
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Arthur Calderon
answered on Mar 9, 2020

Hopefully, if you haven't already, you've gotten a lawyer to walk you through the process. At the first hearing, they will ask you whether you plead guilty or not guilty. Depending on your background, your lawyer may be able to arrange so that you 1) avoid jail time, and 2) avoid this... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I am a convicted felon, I was in my girlfriends car and got pulled over. I wasn't aware she had a gun in there and was

Charged, how do I beat this case?

Arthur Calderon
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Arthur Calderon
answered on Feb 29, 2020

These types of charges are always tricky, because it depends on a lot of different questions. Was the gun registered to her? Was the car hers? How long had the gun been there? Where exactly in the vehicle was the gun? These are questions that should definitely be addressed, as they help build your... View More

1 Answer | Asked in Gov & Administrative Law for Mississippi on
Q: Can MS state use my ny record against me

3 priors in New York robbery 3rd grand larceny 4th, 3rd degree unlawful manufacture methamphetamine ,unlawful criminal possession of a wepon 3rd degree all in ny

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 29, 2020

It most definitely can, but it will depend on various circumstances, such as when the convictions were rendered, what type of crime you are currently charged with, etc.

1 Answer | Asked in Personal Injury and Civil Rights for Mississippi on
Q: I filed a excessive force lawsuit on mississippi department of corrections for the behalf of my son who was assaulted

The excesivevforce lawsuit was taken on by an attorney from Jackson MS he recently closed the case in the middle of the demand letter.without a good reason why is that he had higher and better cases to work on .i am still in as and dumbfounded I've already sent a letter to the Mississippi Bar... View More

Arthur Calderon
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Arthur Calderon
answered on Feb 29, 2020

You should definitely reach out to another lawyer about the case to discuss further. I'd be curious to know whether the other lawyer brought the case under the tort claims act or under a 1983 theory. Regardless, you need to reach out to a lawyer ASAP, as there are some very particular strict... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Can A Person In Mississippi Be Charged For A Conspiracy When Its Only That Person An A Confedential Informant

My Brother Sold Pills To A CI on two Occassions which it was only a total of 6 Pills for the CI personal use. Wasnt no one's or nothing else involve except my brother an The CI. On the second sale my brother was arrested for sale of a control substance an also Conspiracy. He was charge with... View More

Arthur Calderon
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Arthur Calderon
answered on Feb 29, 2020

That is exactly correct. If the conspiracy only involves the accused and a confidential informant, and no other person, then the accused cannot be charged with conspiracy, except under very particular circumstances. Your brother's best bet is going to be to reach out to a criminal defense... View More

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