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Questions Answered by Arthur Calderon
1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Can a state trooper pull two cars over for speeding at the same time? He also didn’t allow me to talk and see the radar.
Arthur Calderon
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Arthur Calderon
answered on Feb 4, 2019

Unfortunately, this is something that is fairly common, where the trooper casts a net to pull multiple cars over. What makes it worse is that there is no obligation on their part to actually show you the radar.

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: Three dogs were found inside the goat fence. Two goats dead and one was half eaten. Owners say I didn't actually see

The owner opened gate to let dogs out but still say I can't prove it was their dogs

Arthur Calderon
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Arthur Calderon
answered on Jan 27, 2019

This sounds like a classic example of a circumstantial evidence case.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is accessory before the fact of an aggravated assault considered a violent crime in the state of Mississippi?

My husbands sentencing order does not have a code on it to determine whether he is co spidered a violent or nonviolent offender within the prison system. We are unaware whether he qualifies for early release based on this code.

Arthur Calderon
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Arthur Calderon
answered on Jan 27, 2019

Although it can be subject to the same time frame for sentencing purposes, accessory is not considered a violent crime.

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: Is there any chance to regain custody after having my kids adopted by stepdad without my knowledge?

My rights were involuntarily terminated due to "abandonment". I wasn't properly notified, although they have my address and the mother lied and said she didn't know where I was. I have not seen my children in 7 years but she did ask over the years if I wanted to visit. I just didn't

Arthur Calderon
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Arthur Calderon
answered on Jan 26, 2019

It is possible, but it will be an uphill battle, because you will have to move to set aside the judgment. Your best bet is going to be to get with an attorney to further discuss.

1 Answer | Asked in Car Accidents for Mississippi on
Q: Hit a motor cycle in road n killed somebody n didn't know I hit them because I didn't stop how can I defend myself
Arthur Calderon
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Arthur Calderon
answered on Jan 25, 2019

Assuming you have insurance, the insurance company should be able to fund the defense on this case (assuming that it's civil); otherwise, you will have to hire a private attorney to represent you. That being said, these types of cases are incredibly fact-intensive.

If this is a...
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1 Answer | Asked in Municipal Law for Mississippi on
Q: Is my first appearance in municipal court an initial appearance?Can prior felony convictions be used against me.

First offense petit larceny is current offense.

Arthur Calderon
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Arthur Calderon
answered on Jan 23, 2019

Once you are arrested, you will be taken before the judge for an initial appearance, at which point you will be told of the charges against you, and bond will be set. After that (and usually this applies for municipal court), the first court date afterwards is the deadline to enter a plea of guilty... View More

1 Answer | Asked in Libel & Slander for Mississippi on
Q: Can I defend myself in federal court?

In an abuse of process I am being sued in Federal court: Diversity- assault, libel, slander for reporting to corporate racial discrimination, sexual assault, fraud, bank fraud, embezzlement etc. If no lawyer will go up against Goliath will I be allowed to defend myself in federal court?

Arthur Calderon
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Arthur Calderon
answered on Jan 21, 2019

You always have the ability and the right to defend yourself; however, federal court is much different than state court, in that there are much more procedural rules and things that you must be aware of.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My nephew is in mdoc custody for aggravated assault. His sentence was 20 years with 10 suspended. When could he parole?

He was on bond 1 year prior to sentencing and has served 2 years. He has no previous criminal history (he was 18 going in and had no juvenile record). He has completed the drug/alcohol classes and has been eligible for 30/30. His estimated released date is in 22 months. He has had no disciplinary... View More

Arthur Calderon
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Arthur Calderon
answered on Jan 13, 2019

Unfortunately, with the way that the law is written, a person convicted for a violent crime, which includes aggravated assault, is not eligible for parole; however, with recent activity pertaining to the relevant statute, there is an open question as to whether a person convicted for a crime of... View More

1 Answer | Asked in Small Claims for Mississippi on
Q: How can I recover money after I have filed a writ of garnishment? Defendant closed bank account.

I went to court and received an Abstract of Judgement for $2700. Defendant said he was going to pay me $15 a month. What should I do?

Arthur Calderon
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Arthur Calderon
answered on Jan 13, 2019

You may want to consider filing a motion for examination of judgment debtor so that you can review his finances and have the court order the payment from the defendant's assets.

1 Answer | Asked in Employment Law, Libel & Slander and Personal Injury for Mississippi on
Q: I was injured at work and I filed a suit against my employer. I had been on my job 5 1/2 years with a good work record.

I was fired for allegedly falsifying documents which was untrue. This got really ugly. They intimidated me.harassed me and lied and defamed my character to discourage my law suit. Am I eligible to file an action against them

Arthur Calderon
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Arthur Calderon
answered on Jan 13, 2019

You may be able to; however, it will depend on when you were injured, the type of employer, and whether the employer had worker's compensation coverage. I would strongly encourage you to reach out to an attorney ASAP, as there is only a set amount of time to initiate an action. Feel free to... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: If the word feloniously is omitted in a murder indictment does that make It defective under miss 99-7-37
Arthur Calderon
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Arthur Calderon
answered on Jan 7, 2019

Not necessarily. It would really depend on the remainder of the indictment. You should consider getting with a criminal defense attorney to review the indictment in its entirety.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Does a sentencing court still have jurisdiction in a case after 18 years of defendant serving 25 year sentence?

I took an open plea before the court for a charge of armed robbery. I was sentenced to 25 years, under the habitual statute.

Arthur Calderon
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Arthur Calderon
answered on Jan 7, 2019

Yes, the Court retains jurisdiction over the case. I am more curious as to why you took an open plea on a habitual charge. By it's very nature, unless habitual is taken off of the indictment, then the judge would be obligated to sentence you to the max time if you were a habitual.

1 Answer | Asked in White Collar Crime for Mississippi on
Q: If this is my first offense and agree to inpatient rehab what or my options
Arthur Calderon
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Arthur Calderon
answered on Jan 7, 2019

You need to get with an attorney ASAP. Being that this is your first offense, and depending on the charge, you may have much wider options, which may also include avoiding jail time and having your charge kept off of your record. Feel free to reach out to any attorney on here by clicking the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: My mom forged and delivered 5 opiate scripts during bipolar episodes. Whats your jail time guess?

She's Stage 5 manic bipolar with doctors records. She was arrested at the beginning of last year for forging and "cashing" 5 oxy scripts, and shes been indicted. She since has gotten on suboxone and moved to Louisiana in with me, and held a couple jobs, more than before. She has a... View More

Arthur Calderon
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Arthur Calderon
answered on Jan 4, 2019

It really depends on how exactly she was indicted, and under what particular statute. You should consider getting with a criminal defense attorney so that you can discuss more of the facts and circumstances of her case. Feel free to reach out to any attorney on here by clicking the contact... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Hello I have a aggravated assault charge for protesting myself in 2010. I received 3 years probation off in 2013.

Before that I was a home health aide. How can I get this off my record at least not still be charged for a crime

Arthur Calderon
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Arthur Calderon
answered on Jan 4, 2019

Unfortunately, given that this is considered a violent crime, it is not eligible for an expunction; however, you may be able to get a certificate of rehabilitation which can restore some of your rights.

1 Answer | Asked in Uncategorized for Mississippi on
Q: I have never been to jail this is my first time robbery how much jail time
Arthur Calderon
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Arthur Calderon
answered on Jan 3, 2019

With this being regular robbery (without a deadly weapon), the max time that you are looking at is 15 years in MDOC custody. The bad thing, though, is that robbery, even without a deadly weapon, is considered a violent crime, which means that whatever sentence you get would be a day-for-day... View More

1 Answer | Asked in Child Support for Mississippi on
Q: Can someone take you to court for not providing insurance but the child is on medicaid

My ex is trying to to take me to court for $8000 due to not providing my child with insurance. At the time my ex had my child on medicaid in addition i had my child on my insurance through work? Can my ex do this?

Arthur Calderon
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Arthur Calderon
answered on Jan 3, 2019

Depending on the court order, your ex may take you to court for contempt due to not having the child on insurance, even though the child may be on Medicaid. If, however, you had your child on your insurance, then it should be a matter of providing that documentation to the court.

1 Answer | Asked in Criminal Law for Mississippi on
Q: A friend was sentenced to 90 years on drug charges. Never been a felon, but a repeat drug offender. Charges are wrong?

The charges are wrong and were not looked over by the court appointed lawyer. He is serving now, but very little money for a lawyer? suggestions?

Arthur Calderon
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Arthur Calderon
answered on Jan 2, 2019

If he is repeat offender, then that means that he was previously convicted of a felony (or two). Your best bet will be to contact a criminal defense attorney to review the case and see if the sentence itself was illegal. Feel free to reach out to any attorney on here. Most, including myself, would... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Ive been indicted without the DA or grand jury ever seeing case. For one charge, no history. Help! Calhoun County, MS

I am 100 % sure that no DA was present and no grand jury convened. An MBN agent serves as a do it yourself indictment dictator. They handed out 71 in one day..its about scaring people to a plea, then getting a conviction. They give probation and county gets the money. This has happened 100 if not... View More

Arthur Calderon
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Arthur Calderon
answered on Dec 24, 2018

You need to consider talking with an attorney sooner rather than later, as the next step will be setting up a trial. Most attorneys on here, myself included, are willing to provide a free consultation to discuss your case, at the very least to point you in the right direction.

1 Answer | Asked in Child Custody for Mississippi on
Q: My divorce was final in MS 10 years ago, my daughter turns 18 on 1/10/19. Is the custody agreement over then?

My daughter turns 18 in January but does not graduate high school until May. The divorce papers do not specify if the custody agreement is over when she turns 18 or when she graduates high school.

Arthur Calderon
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Arthur Calderon
answered on Dec 24, 2018

More than likely, it will be until she reaches the age of majority, or when she turns 21.

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