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Questions Answered by Arthur Calderon
1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: I live in Baldwyn MS, the neighbor dog has bitten three children in community, and what can I do to keep my child safe

The dog is allowed to run loose, and come across road to my house regularly, I have a 2 year old grandchildren afraid to go in yard..I have shot at it.,and hollered, neighbors just look and leave.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 6, 2023

There's really not a whole lot that you can do, aside from alert local law enforcement. Keep in mind that in Mississippi, a dog really only gets one bite, and that one bite puts the owner on notice of the dog's violent propensities. In other words, after that first bite, the owner is... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Should i plead not guilty to a possession paraphernalia from two years ago didnt even no I was charged with it

Didnt no I was charged with it till week ago summons came in mail .drive/owner of the vehicle said every thing was his I was let go without a citation nor did I have too sign anything

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 10, 2023

From a strategic standpoint, it always makes more sense to plead not guilty to any charge, at least until you and your lawyer have had a chance to review everything, see if there is not enough evidence against you, or see if there is a way in which the case could end up being dismissed or the... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Mississippi on
Q: Yes if I take my accessory to burglary case to trial being I didn't know what was going on doi serve full ten yrs?

Yes I didn't know my teenager was burglarizing a house she told me she was looking at a cat and froze when she jumped in my car with a safe,if I had went home an called her gang friends hackedin my phone would've gotten her and I would be in same boat is there a chance for state probation?

Arthur Calderon
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Arthur Calderon
answered on Mar 12, 2023

It really depends on the circumstances, especially since your teenager is still considered a youth. I would be curious as to whether this is in circuit court or youth court. Regardless, your best bet is going to always be to reach out to an experienced criminal defense lawyer to review the facts of... View More

1 Answer | Asked in DUI / DWI for Mississippi on
Q: My son was arrested and charged with dui and reckless driving. He refused the breathalyzer therefore no evidence. Cont.

His Mariana rights weren't read til he got to the police station. Does that matter and are public defender lawyers reliable?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 12, 2023

Whether he was read his Miranda rights depends on whether he was subjected to an interrogation, where he incriminated himself. As to the public defender, it really boils down to whether you satisfied with the public defender or not. There are good public defenders, just as there are good private... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I was told I need to file a petition with the circuit court of lauderdale county to be removed off of the sex registry

I am a non resident and do not have to register in the state I got convicted in nor do I need to register in the state I live now. I completed both.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 6, 2023

Yes. Generally, you would need to file a petition in the relevant circuit court to have the requirement lifted, assuming that Mississippi recognizes the offense as one that is eligible.

2 Answers | Asked in Criminal Law for Mississippi on
Q: According to hb 585 2014, armed robbery was turned from a mandatory sentence to being eligible at 50%....Correct????
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 6, 2023

It was clarified a little bit after 2014, but yes, generally, a person would be eligible for release after serving approximately 50% of their sentence. That being said, it still would depend on MDOC, and a person is not necessarily entitled to early release.

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Mississippi on
Q: Hey,I was charged with hindering prosecution- first degree. How serious could this be?

Involved in an accident w/ 3 friends. One of them died in the accident. I blamed myself and said I was driving to protect the sister who was the one driving. We didn’t know the sister was going to die. I didn’t know things were going to get so serious. And first I was charged with manslaughter... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 6, 2023

It really depends on the situation; however, hindering in the first degree is still considered a serious offense. I would highly encourage you to reach out to an experienced criminal defense lawyer, so that they can learn more about the facts and circumstances, and develop a plan of action to... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Mississippi Code 97-5-33 posting injurious message, can it be expunged?
Arthur Calderon
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Arthur Calderon
answered on Feb 9, 2023

Assuming that all terms and conditions of the conviction have been satisfied, then yes, such a charge should be able to be expunged.

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Mississippi on
Q: What law gives law enforcement the right to enter onto ones property/land w/out a warrant, and without probable cause?

Also, there was nothing in Plain view, and there were no exigent circumstances.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 4, 2023

It really depends on the circumstances. Typically, law enforcement can enter one's property without a warrant if, like you said, there were exigent circumstances or in pursuit of someone who the officer was notified was engaged in wrongdoing.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If you have gotten a felony charge and the arresting officer didn’t read you your Miranda rights can the case be demised
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 15, 2023

It really depends on the situation. The failure to tell a person their Miranda rights does not necessarily mean that the case will be dismissed; however, it could mean that any confession or statements made by the person may not be able to come in. Once again, though, it depends on the situation.

3 Answers | Asked in Workers' Compensation for Mississippi on
Q: My dominant hand and about a quarter of my forearm was cut off at work. How much of a settlement should I expect ?

This happened on 11/17/22. I opened a saw up after turning it off to visually inspect a blade. I kneeled down on my knees and the door swung into my back. I reached up and pushed the door back open and I guess my hand hit the button and the saw came back on. As soon as it came on the bottom of my... View More

Arthur Calderon
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Arthur Calderon
answered on Dec 6, 2022

This definitely sounds like something that should be covered under workers' compensation. As the other answered indicated, you definitely need to reach out to an experienced workers' comp attorney to talk further, so that your rights are protected. Feel free to reach out to anyone on here... View More

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1 Answer | Asked in Criminal Law for Mississippi on
Q: If I was assaulted then later the person claims stalking and we have a hearing do I need a lawyer?
Arthur Calderon
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Arthur Calderon
answered on Nov 7, 2022

It really depends on whether you think that you can adequately defend yourself against the charges that the other person put on you. Your best bet will likely be to have representation, since a lawyer can 1) defend you, and 2) be in a better position to question the other side.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Do you get time for tampering with evidence in Columbus Mississippi

She didn't know it was against the law

Arthur Calderon
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Arthur Calderon
answered on Oct 30, 2022

You can potentially get prison time for tampering with evidence; however, it largely depends on the nature of the evidence and what type of case the evidence was tied to, as well as a person's previous criminal history (if any).

1 Answer | Asked in Car Accidents for Mississippi on
Q: Hi my insurance company paid for my towing service after my accident tow company want send an invoice

After my accident, the towing company was called by the police officer who investigated the accident my insurance send over paper work needed for the company to get paid now the company will not send over the invoice to my insurance company and still have my car

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Oct 26, 2022

From the looks of it, you may want to consider talking with a lawyer to discuss the accident, as well as the steps that you or he may need to take to make sure that the towing company provides the paperwork.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If someone is on papers and they get pulled over and have a firearm how does the feds pick it up before court date

This person was convicted felon and he got stopped for no seatbelt one day and had a firearm and went to jail and was able to bond out and had an upcoming court date but when he reported to his PO the US Marshals had indicted him and I don't understand how or why

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Oct 11, 2022

The federal system tends to work much faster than the state system. The other thing to remember is that the federal penalties tend to be much harsher than the state side, even for something as relatively small being a convicted felon in possession of a firearm. The person's best bet is going... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are you ineligible for house arrest if u have ever been convicted of a crime previously

My public defender sd mdoc told him that was their new policy but I can't find a statute on it anywhere

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Oct 8, 2022

Not necessarily. Usually, house arrest is something that is ordered by the court under statute, and MDOC monitors the person while they are under house arrest.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If you are charged with MALICIOUS MISCHIEF and PETIT LARCENY And live in another state can you get years in jail or pro
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Oct 2, 2022

It really depends on the circumstances, such as whether the person has any previous convictions, amount of property damage, etc. That being said, with the right circumstances, it may end up being a situation where the charge could be nonadjudicated or dismissed with participation in a special... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: In Mississippi. how long does the state have to indict on felony Fleeing? I was arrested Dec 2020. 50k bond. No hearing
Arthur Calderon
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Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long do they have to indict you in the state of Mississippi if you are still being held with no bond
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: If a building has been condemned for 20 years can yoube charged with burglary of a commercial building or is there some

Kinda like abando laws that could help me with this

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 20, 2022

Generally, if the property is abandoned, it could still be considered burglary of a building if there was a breaking and entering with the intent to commit a crime within the building. That being said, depending on the circumstances, the charge could potentially be downgraded to a lower charge,... View More

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