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Questions Answered by Arthur Calderon
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 »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are there specific papers for expungement petitions?

I have a misdemeanor in Hattiesburg, MS. The courthouse where it is located said that it may be eligible for expungement, but that they do not have the paperwork for the petition. The clerk informed me that I would need to write the petition for expungement myself and bring it to file. Are there... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 7, 2020

Unfortunately, there are very few, if any, expungement forms available online. Regardless, each expungement is different, and will require a thorough review to make sure that it complies with all of the statutory requirements. It is in your best interest to reach out to a criminal lawyer who has... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If you have a clean record can you go to jail for possession of firearm
Arthur Calderon
Arthur Calderon answered on Nov 5, 2020

No. If you do not have a felony conviction, then you cannot be arrested for possession of a firearm by a convicted felon.

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Mississippi on
Q: If you have a clean record can you go to jail for possession of firearm
Arthur Calderon
Arthur Calderon answered on Nov 5, 2020

No. If you do not have a felony conviction, then you cannot be arrested for possession of a firearm by a convicted felon.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Which city do I file record expungement request?

I have a three year old shoplifting misdemeanor in Mississippi. The charge was supposed to be non-adjudicated following a year, but the charge is still there. To have the record expunged, do I request it through the courthouse in the city where I live or through the courthouse in the city where the... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 5, 2020

You would have to request it through the court where you caught the initial charge and that issued the order for non-adjudication.

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.

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