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Questions Answered by Arthur Calderon
1 Answer | Asked in Family Law for Mississippi on
Q: Can a mother have the father's name removed from birth certificate (father voluntarily signed) 12 years later?
Arthur Calderon
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Arthur Calderon
answered on Nov 27, 2019

Unfortunately, you cannot, unless you can disestablish paternity, and establish that there is another person out there who is the natural father and whose name should be on the birth certificate.

1 Answer | Asked in Criminal Law for Mississippi on
Q: In mississippi, if a defendants name is not correct on an indictment can it be amended by a judge?

Defendant is a Third and the suffix was left off of the indictment.

Arthur Calderon
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Arthur Calderon
answered on Nov 17, 2019

It can be amended to correct a minor error, but be warned, it is not a substantive change that would make the indictment defective.

1 Answer | Asked in Workers' Compensation for Mississippi on
Q: I filed a workers comp claim on hearing loss, I had an independent Audiology hearing test and the findings were 31.3%

Binaural hearing loss, I'm 55yrs old and make about 1000 a week..Rough guess about what I should expect from workers comp. Never filed a claim before...Thanks

Arthur Calderon
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Arthur Calderon
answered on Nov 17, 2019

You should really consider reaching out to a lawyer sooner rather than later, as WC claims can be very tricky, and the chances of a more favorable recovery go up dramatically with a lawyer. The calculations are based on statute, but the ultimate determination as to a possible award hinges on... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: can 3 felons be charged with posession of 1 gun?
Arthur Calderon
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Arthur Calderon
answered on Nov 17, 2019

Absolutely. It then becomes a question of whether the State can prove that the gun belonged to anyone one person. I would highly encourage you to reach out to a criminal defense lawyer, as these types of cases can be very fact-intensive.

1 Answer | Asked in Child Custody, Child Support and Family Law for Mississippi on
Q: My ex boyfriend got a divorce from me and custody of my kids now im paying him child support and dont get to see my kids

What can i do i cant afford a lawyer

Arthur Calderon
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Arthur Calderon
answered on Nov 17, 2019

You will need a lawyer to sue for contempt. If you cannot afford one, then your best bet will be to try to contact a legal aid organization.

1 Answer | Asked in Child Custody for Mississippi on
Q: My son father has primary custody, and if i sign my rights over will i lose my rights to my daughter?

I allowed my son to live with is father because he his in danger to his sister, step father and myself, so we went to court and i allowed the father to take primary custody of my son. My husband is inlisting in the army. My son is going back an forward between his father and i and his behavior is... View More

Arthur Calderon
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Arthur Calderon
answered on Nov 17, 2019

It is possible; however, I would encourage you to reach out to a lawyer familiar with family law, so that he or she can talk more with you about your case, and so you can determine whether there will be any ramifications from going that route, especially with the father enlisting.

1 Answer | Asked in Small Claims for Mississippi on
Q: My boyfriend gave me a credit card to use over 10 years ago now he is critically ill can I still use that credit card

My boyfriend is a married man I’ve been dating him for 12 years

Arthur Calderon
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Arthur Calderon
answered on Nov 17, 2019

Likely not. Even if he is your boyfriend, if he is critically ill and married, more than likely only his wife will have expressed permission to continue using the card.

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: When it says for mississippi city of tupelo, that pit bulls are "declared vicious" but doesnt say banned or restricted,

What does that mean exactly?

Arthur Calderon
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Arthur Calderon
answered on Nov 17, 2019

That likely means that there is a local ordinance already declaring them to be banned from the city. It may be better to talk to someone at community development to verify.

1 Answer | Asked in Divorce for Mississippi on
Q: How to list a child born out of wedlock on my divorce papers to state my husband acknowledges that he is not the father?
Arthur Calderon
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Arthur Calderon
answered on Nov 17, 2019

He will need to sign a stipulation indicating such. It may be a good idea to have a DNA test done and attach the results as an exhibit, if not then have the biological father acknowledge paternity.

1 Answer | Asked in Child Custody and Divorce for Mississippi on
Q: I have temporary custody and my son like to go to michigan during the winter break ... can I take him or I cant go?
Arthur Calderon
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Arthur Calderon
answered on Nov 17, 2019

It really depends on what the temporary order says. Typically, there are no travel restrictions unless specifically stated in the order.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I got charged with trespassing 97-17-97. It’s my first offense, so what are the possibilities of me serving jail time.

I am located in MS.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 3, 2019

While the possibility of you serving jail time is low, the big question you have to ask yourself is whether you are willing to take that gamble if you proceed by yourself. You have a much greater likelihood at success with a lawyer, and even if found guilty, you savvy criminal defense lawyer can... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Convicted felon caught with fire arm....
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 14, 2019

You may need to reach out to a criminal defense lawyer to discuss this matter further... Looking at what you wrote, it is a little vague as to what you would like to know.

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: Will I be responsible for landlord's legal fees if I take them to small claims court and lose?

I am considering small claims court because my landlord has withheld my deposit and is asking for an additional $400. The unit was cleaned completely, with all aspects of their checklist followed, and there was no damage beyond ordinary wear and tear. They included 5 minor damages lumped together,... View More

Arthur Calderon
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Arthur Calderon
answered on Sep 14, 2019

Yes, if you lose, under the rules for these types of claims, you would end up being responsible for their attorney's fees and court costs.

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: Mississippi laws if someone gave me a stolen gun for self defense after I was beaten but I didn't know it was stolen

And the guy who gave it to me for protection apparently never used his real name with me so I cannot be much help with catching him what kind of time am I most likely facing? Or what can I do to help my case?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 14, 2019

The biggest thing you need to do is get with a lawyer ASAP. There are lots of details that go into mounting a defense in situations like this. I can imagine that you were either arrested or indicted as being in possession of stolen property or of a stolen firearm; however, there are many defenses... View More

1 Answer | Asked in Child Custody for Mississippi on
Q: My son was murdered by his son mother. When she is convicted, do I need to petition the courts for sole custody?

Her mother is physically unable to care for him. I do have grandparent visitation with the courts. She said she was going to leave him with her mom, but she is an alcoholic.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 14, 2019

Most definitely. My recommendation would be, depending on the living arrangements now, to seek custody ASAP. Regardless, though, custody will need to be established through the court.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: In Mississippi, does an entity or individual have clear title to real property by virtue of a lawful tax conveyance?

Acquired a commercial property through a tax sale legally. Pearl River County legally conveyed the property to an entity I control. Does the entity I control have clear title to the conveyed commercial property and would a title company issue an owners title policy on the conveyed property without... View More

Arthur Calderon
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Arthur Calderon
answered on Sep 14, 2019

Unfortunately, no, there will not be clear title until it is confirmed, because of the fact that the property was acquired through a tax sale.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: If a police officer observe signs of abuse that officer should sign an affidavit his/herself right?
Arthur Calderon
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Arthur Calderon
answered on Sep 14, 2019

Not necessarily, as law enforcement has a lot of discretion when it comes to filling out affidavits. That being said, there should at least be an incident report documents the interaction between the officer and those involved.

1 Answer | Asked in Uncategorized for Mississippi on
Q: What are the expungement processi in Mississippi? I have notarized documents to proceed. What do I do with them?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 14, 2019

That is a much more complicated answer than it may seem. I would highly encourage you to reach out to lawyer to discuss further. Most lawyers on here, myself included, offer free consultations to see how we can help you out, or at the very least guide you in the right direction.

1 Answer | Asked in Criminal Law for Mississippi on
Q: A guy jumped on my car and I slung him off of it with the car. He filed aggravated assault.

I had the girl that is pregnant with his baby in my vehicle. He was waiting when I pulled into drop her off at her vehicle. I stopped halway into the parking spot when I saw him. He starting walking towards my vehicle and yelled something I packed up and tried to get out of there. He jumped on my... View More

Arthur Calderon
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Arthur Calderon
answered on Sep 14, 2019

You need to get with a criminal defense lawyer ASAP. I'd be curious to know if you've been arrested yet. From the looks of it, you have a viable defense, considering that he was the one that initiated the contact.

1 Answer | Asked in Criminal Law and Collections for Mississippi on
Q: Is pleading guilty a conviction in the state of Mississippi?

I was arrested for resisting the service of process. I plead guilty and paid a 500 dollars fine plus court cost.

Arthur Calderon
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Arthur Calderon
answered on Sep 14, 2019

Pleading guilty is the same as taking it to trial and being found guilty. That being said, the conviction itself is what you were sentenced to (jail time, fines, etc.).

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