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Questions Answered by Arthur Calderon
1 Answer | Asked in Criminal Law and Divorce for Mississippi on
Q: If my wife's boyfriend showed up at my house what would happen if I shot to injury but didn't kill?

I've made it clear I don't want him at my house while she is moving her stuff out. If I show up and he is there, what would happen if I shot him in the knee or something but didn't kill him?

Arthur Calderon
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Arthur Calderon
answered on Mar 18, 2019

You may likely be charged with aggravated assault, and look at significant jail time. That being said, your best bet would be to advise in writing that he is not to enter the property. It would also be a good idea to have local law enforcement present.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I am charged with uttering forgery and pawing a stolen gun. First time arrested . Do I go to jail
Arthur Calderon
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Arthur Calderon
answered on Mar 15, 2019

You may be able to avoid jail time since this is considered a non-violent crime. Your best bet is going to be to contact a criminal defense attorney and discuss further. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers on here,... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Someone told me certain felonies in Mississippi allow you to own a fun for home protection only. Is that true?
Arthur Calderon
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Arthur Calderon
answered on Mar 12, 2019

No. A convicted felon is not allowed to own any deadly weapon. That being said, depending on the circumstances, gun rights may be restored to allow the person to possess a weapon.

1 Answer | Asked in Libel & Slander for Mississippi on
Q: I had warrant issued today claiming cyberstalking. The people I have had arguments with have been threatening me.

If I made any threats they were only retaliation threats after I had already been threatened. As usual arguments go. I am being charged with cyber stalking, but the people who were cyber stalking me are the same people filing the charges. I need advice on how to handle this situation.

Arthur Calderon
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Arthur Calderon
answered on Mar 10, 2019

Cyberstalking if a very tricky subject, and very fact intensive. Your best bet is going to be to contact a criminal defense attorney to go through the facts of your case and see what defenses that you may have available.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If you have 25 grams of marijuana but you said it was more before you was caught with the 25 grams of marijuana

I was made to sign a 5000 dollar felony bond for possession of marijuana with intent to distribute because I wrote a statement saying it was more then 25 grams before I was arrested for possession of marijuana

Arthur Calderon
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Arthur Calderon
answered on Mar 10, 2019

What will end up happening is that they will send the marijuana to the crime lab for an accurate measurement, at which point they will likely issue an indictment reflecting the accurate amount.

1 Answer | Asked in Criminal Law for Mississippi on
Q: In reference to Ms code: 99-33-9, can a JusticeJudge legally deny a requested jury trial when facing several years?

I was facing 4 years in jail and requested a jury trial in justice court. The judge denied my request. The law states I “may demand” a jury trial. Please review the code 99-33-9 and help me understand whether or not my constitutional right to a trial was violated?

Arthur Calderon
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Arthur Calderon
answered on Feb 28, 2019

It depends on what you were charged with. If you were charged with a felony, then the justice court can only hear preliminary matters, and not actually try the case.

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Civil Rights for Mississippi on
Q: What are my options agianst a teacher for bullying my child an nothing being done about it

My school district has a huge problem with bullies (students an teachers). Nothing is ever done about it. Most recently a teacher made my son (10 years old) stand up an she told the class that he had a mental disorder an a bad anger issue. My son being upset sit back down an was crying. This is out... View More

Arthur Calderon
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Arthur Calderon
answered on Feb 17, 2019

This is horrible! Feel free to reach out to any attorney on here by clicking the contact information next to their name. That being said, because you are talking about a school, there are some very strict rules that you need to following order to preserve any claim.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can a preschool withhold a minor's school records to a noncustodial parent with joint legal custody Mississippi?
Arthur Calderon
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Arthur Calderon
answered on Feb 17, 2019

That's a negative. If you have joint legal custody, then you are entitled to know any information pertaining to your child.

1 Answer | Asked in DUI / DWI for Mississippi on
Q: I was issued a ticket for dui..no BA..no urinalisis...and no breathalyzer was administered. Also tickets for no insuranb

Current phone and address are incorrect on all

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 17, 2019

While the wrong information on the ticket is not in and of itself enough to get the charges dismissed, it sounds like you may have a viable defense to the DUI. I'd be curious to know the basis for them giving you a DUI.

1 Answer | Asked in DUI / DWI for Mississippi on
Q: Roadblock..i was issued DUI..expired DL..expired tag..no liability..no seatbelt passenger side.

No breathalyzer was administered..no BA..and no urinalysis. Also current address and vehicals year is not correct.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 17, 2019

While the wrong information on the ticket is not in and of itself enough to get the charges dismissed, it sounds like you may have a viable defense to the DUI. I'd be curious to know the basis for them giving you a DUI.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How much time can you serve in mississippi for felony habitual offender ?

He was on his knees hands in air when the officer walked up shot him close range in the back the passenger seen it all . Now trying to bring up past felony flee charges and charge him as habitual offender. He has been locked up 2yrs no court

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 13, 2019

He needs to get with an attorney asap, as it sounds like some of his constitutional rights have been violated, and need to be presented to the Court. As to the habitual aspect, it depends on which habitual statute he is indicted under. If under 81, then it will be the max time of the underlying... View More

2 Answers | Asked in Personal Injury for Mississippi on
Q: If a person falls on a business property and result in death and have no insurance at time of accident what step can I

What step can I take

Arthur Calderon
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Arthur Calderon
answered on Feb 13, 2019

You need to get with an attorney ASAP, as this is a premises liability law suit and wrongful death action, and certain steps need to be followed to gather as much information on the front end as possible. Feel free to reach out to any attorney on here by clicking the contact information next to... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on
Q: I was convicted in 2006 for felony dui... what steps do I have to take to file for a certificate of rehabilitation in Ms

I have not had any tickets or convicted of anything since then. I'm disabled amputation of arm and I live by myself on the main highway. I need a way to protect myself if needed to

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 12, 2019

You need to get with an attorney to file the necessary petition with the relevant court, and have that attorney follow-up with the order certifying rehabilitation. Feel free to reach out to any attorney on here. Most lawyers, including myself, can provide a free consultation to guide you in the... View More

1 Answer | Asked in Child Support for Mississippi on
Q: If I was incarcerated for more than 12 years, am I still obligated to pay backed up child support for all them years?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 12, 2019

Unfortunately, you are still obligated to pay that child support, as each time a child support payment becomes due, it acts as a mini-judgment against the payor (you). That being said, depending on the age of the child, the child/custodial parent may run up against a statute of limitations issue... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Mississippi on
Q: OK so my fiance caught three charges the other day and I'm not sure I understand the seriousness...charges are possess

Charges of possession with intent to sell within 1500 ft of a church ; consealed evidence with intent to impair official procedure; conspiring to sell controlled substance

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 10, 2019

These are pretty serious charges, that carry some hefty fines and jail time depending on the amounts involved. You should seriously consider contacting a criminal defense attorney to further discuss.

1 Answer | Asked in Child Custody for Mississippi on
Q: Temporary guardianship in state if Mississippi...give aunt temporary custody of 12 year old for better schooling

Mother has primary custody in Mississippi..aunt resides in North Carolina

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 10, 2019

I am not entirely sure what you are asking. Are you wanting to give someone a temporary guardianship or temporary custody?

1 Answer | Asked in Estate Planning for Mississippi on
Q: What’s the best way to leave property to someone that is not a direct heir?

I have an uncle that wants to leave some property to my under age son, upon my uncle’s death. He has children of his own and I don’t want it to be an issue for my son when the day comes. This is some nice real estate and a decent amount.

Arthur Calderon
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Arthur Calderon
answered on Feb 5, 2019

He can always amend his deed to make it where he and your son share an interest in the property with rights of survivorship, or he can draft a will indicating that that particular property goes to your son upon his passing.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: We have just been informed that our 18, year old son cannot purchase a piece of land in Mississippi unless he is married

We were told he would have to be married. Isn't that discriminating ? We are just shocked. He has cash, no financing

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 4, 2019

There is nothing in MS law that requires a party purchasing land to be married. It wouldn't necessarily be discrimination, unless it was due to something along the lines of race, gender, nationality, etc.

1 Answer | Asked in Workers' Compensation for Mississippi on
Q: Permanent partial loss- knee injury. What would be proportionate ?deaf worker

Knee injury with surgery 9-11-18. Finishing therapy, last 2 weeks of work re-conditioning. scheduling functional capacity exam. : Dr.says may have permanent restrictions. I am already deaf, 62 years old. How would a partial permanent loss be calculated? Thank you

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 4, 2019

It would be formulaic, and depends on other factors. You may want to consider reaching out to an attorney for assistance.

1 Answer | Asked in Child Support for Mississippi on
Q: I owe my child 5,000 in back time child support. If i want to pay it in full how do i go about doing this?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 4, 2019

Assuming that the case is set up through DHS, you can pay it directly through them and they can credit it towards your outstanding balance.

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