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Questions Answered by Arthur Calderon
1 Answer | Asked in Criminal Law for Mississippi on
Q: Please answer!! If I got a traffic ticket the same time as an affidavit will it still show up on myfinepayment.com ?
Arthur Calderon
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Arthur Calderon
answered on Jul 27, 2022

Without knowing the ins and outs of how the website works, there is no way to know. Typically, on public information websites, the only thing that will show up are tickets and charges, and not necessarily affidavits.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Is Charge 1-41-29-144 Controlled Substance: Fraudulent Transfer/Possession of prescription a federal offense?

The case was dismissed on April 21, 2022, via Pre-Trial Diversion. How do I get my record expunged

Arthur Calderon
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Arthur Calderon
answered on Jul 27, 2022

If the case was dismissed via pretrial diversion, then the best thing that you could do to have your record expunged is get with a lawyer, who can draft and submit the necessary paperwork to get the case expunged.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Workers' Compensation for Mississippi on
Q: I know this is a long shot or if anything will come of this besides my answer I'm looking for or if anything can be done

I live in a small town in Mississippi as where the police dept I believe don't just do their job in some aspects but go far above and beyond the area of rights and I feel the deliberate disregard for one's rights giving the date place. And whom they are stopping!!! It's as if... View More

Arthur Calderon
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Arthur Calderon
answered on Jul 24, 2022

Without more information, it's very hard to answer your question. Generally speaking, officers and prosecutors have a lot of discretion when it comes to prosecuting or pursuing charges against a person. Even if charges are filed, they can decide to drop the case or drop only certain parts of it.

1 Answer | Asked in Criminal Law for Mississippi on
Q: WHAT DOES INACTIVE SUPERVISION FROM PROBATION MEAN? THANK YOU
Arthur Calderon
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Arthur Calderon
answered on Jul 24, 2022

That should mean that even though the person is currently on probation, they do not have to check in with a probation officer on a regular basis.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If over half ticket says n/a and multiple parts of the ticket are not correct can my charges be dismissed

Possession charge. Was pulled over and not given a reason as to why he was pulling me over , he never asked for my insurance or for my registration , never asked for the name of my passenger , searched me without giving a reason even when I asked , got the zip code and model of my car wrong , and... View More

Arthur Calderon
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Arthur Calderon
answered on Jul 24, 2022

Potentially. Tickets, like all other charges, are supposed to have enough information to advise the person of what they are being charged with. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts and circumstances of the case, particularly the stop,... View More

Q: If the officer pulled me over without reason & violated multiple rules n conduction of stop , would he even file charges

Have there been certain circumstances where a ticket or affidavit isn’t filed because the officer knew he did multiple things wrong

Arthur Calderon
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Arthur Calderon
answered on Jul 24, 2022

It really depends on the circumstances. Lots of officers will still file charges regardless of their own conduct; however, if an officer has said that they are pressing charges, then the best thing to do would be to follow up with the local court periodically to see if they did.

1 Answer | Asked in DUI / DWI, Family Law, Native American Law and Animal / Dog Law for Mississippi on
Q: I’m a victim due in court as the witness in a case of dog I don’t want to press charges. I wrote a statement.

What should I say in court? Should we both get a lawyer? Will this go on our record?

Arthur Calderon
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Arthur Calderon
answered on Jul 19, 2022

It really depends. There is nothing necessarily requiring you to have a lawyer as a victim; however, if there is the possibility of a civil suit for damages against the dog's owner, you may want to seriously consider having a lawyer present so that they can also communicate with the prosecutor... View More

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Can an officer write a ticket issued to the car in a handicap?

Wrote the ticket when i was in a store and after which I came out to him asking for the placard which I provided he didn’t put my name on the ticket and he put the wrong street on it do i have a chance of fighting it?

Arthur Calderon
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Arthur Calderon
answered on Jul 12, 2022

Typically, unless your name is on the ticket, then there is not proper notice of a charge. Regardless, because you provided a placard, you have a good chance at getting the ticket dismissed, assuming that the officer turned in the ticket. Your best bet is probably going to be to contact the court... View More

1 Answer | Asked in Domestic Violence for Mississippi on
Q: i was charged with domestic violence- distrubing the family/peace what will happen in court ?

I was charged with domestic violence in May of 2021 but it was dropped (not guilty)

Arthur Calderon
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Arthur Calderon
answered on Jul 6, 2022

Assuming that it was either dismissed or you were found not guilty, then the case is no longer active and you should not have to go to court. That being said, it may still pop up on a background check with the final disposition on the background check.

1 Answer | Asked in Criminal Law for Mississippi on
Q: does this plea agreement mean I go to prison? 16 yrs in custody, 11 yrs suspended, 5 yrs supervised probation?

I have two charges both resulting of two offers, (both the same) that I have mentioned above, to run consecutive on a sale charge in MS. I have no priors. I need to know if I have to go to prison or not because I have to ensure my children have adequate supervision as I don't have any family... View More

Arthur Calderon
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Arthur Calderon
answered on Jun 27, 2022

Under the plea offer as given, it would seem that you would serve some time in MDOC custody; however, how long you actually remain in custody (more specifically, the possibility of earned time) is going to depend on the nature of the charges. Some allow you to become eligible for release after... View More

1 Answer | Asked in Criminal Law and Civil Rights for Mississippi on
Q: Allegedly I sold 0.141 g meth then re-met to give 0.237 more to C.I Indicted 2 felon sale chrgs is this Double jeopardy?

I have been indicted on to sell charges both with enhanced penalty from being by a church. I am a first-time offender. Question here is does double jeopardy exist in my case? Also I'd like to know opinions on what to expect for sentencing in Mississippi. The plea offer in its entirety is 32... View More

Arthur Calderon
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Arthur Calderon
answered on Jun 26, 2022

You really need to talk to your lawyer further, and refrain from giving details about your case on an open platform like this. As to the double jeopardy, that only applies if you have been tried twice for the same crime or if your liberty is put at risk twice for the same offense.

1 Answer | Asked in Civil Rights for Mississippi on
Q: I called the police when my window was broken by my ex. When the police arrived. We were OUTSIDE . I was the only one

Standing on my porch. The officers asked if they could come inside the house. I told them no, and pushed the screen door shut . I was then immediately grabbed by the officers and threw me down the steps and immediately grabbed my arms , hit me in the head . TAZED me I my lower back And because my... View More

Arthur Calderon
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Arthur Calderon
answered on Jun 23, 2022

From the looks of it, you may actually have a civil rights case against the law enforcement agency that conducted the arrest. Your best bet is going to be to contact an experienced lawyer to further discuss the details surrounding your arrest. Feel free to reach out to any lawyer on here by... View More

2 Answers | Asked in Traffic Tickets for Mississippi on
Q: I got a ticket for window tint being too dark. Can proof of it being within legal limits still be provided after court?

The court said I had to pay it. However, a reputable business did the tint and when I got it tested by another business, it is indeed legal all the way around the car. How can I provide this to court after I've already had court? It seems asinine (and more like theft) to force someone to pay a... View More

Arthur Calderon
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Arthur Calderon
answered on Jun 23, 2022

Unfortunately, if you have already been found guilty, then you are precluded from being able to bring in new evidence that you could have gotten prior to your court date.

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1 Answer | Asked in Consumer Law for Mississippi on
Q: Can I legally sell tobacco to someone who is 21 but their ID shows they are under 21 yet the ID isnt expired but isvalid
Arthur Calderon
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Arthur Calderon
answered on Jun 20, 2022

Generally speaking, probably not, considering that it would seem that you know that the person is underage. That being said, if the person is definitely old enough, then it sounds like it may be an issue that that particular person may need to clarify to have their age corrected on their ID to... View More

1 Answer | Asked in Libel & Slander for Mississippi on
Q: Can a person be sued for defamation of character?
Arthur Calderon
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Arthur Calderon
answered on Jun 20, 2022

The short answer is yes, a person can be sued for defamation of character; however, the bigger question is going to be whether the plaintiff can show damages to justify a lawsuit and an award of damages.

1 Answer | Asked in Consumer Law for Mississippi on
Q: What can I do to get back a 2000.00 refund for windows I paid down on but did not get from a company in Arkansas.

I paid a down payment on some windows in November 2021. I canceled the order because the company kept changing the installment date. The owner claims to have mailed my refund but the check was returned to him and he cancel it. He text me a copy of another check that he wrote on May 23, 2022, and... View More

Arthur Calderon
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Arthur Calderon
answered on Jun 20, 2022

In this situation, the window provider is in breach of contract for failing to fulfil their terms of the agreement. Your best bet is going to be to either hire a lawyer in Mississippi or perhaps Arkansas to sue the provider for breach of contract.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Mississippi on
Q: Can I own a gun if my husband was innocent but plead guilty to a domestic violence charge with ex 25 years ago

We live in Mississippi. He was charged in Virginia

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 12, 2022

From the looks of it, there is nothing prohibiting you from carrying or owning a firearm. The key question is going to be whether your husband has access to it, as well as the nature of his conviction. If it is a felony, then he cannot have any possession of any firearm unless he gets his record... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I need to know if a juvenile is charged with tampering with evidence (gun), could he/she be charge as an adult?

What justify that juvenile being charged as an adult

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 9, 2022

Typically, a charge like that would keep the juvenile in youth court, unless it is a crime that concerns a firearm or is an egregious violent crime.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Being under 18 was the court authorized to convict me as a 99-19-81 habitual offender
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 3, 2022

Unfortunately, if you were charged as an 81, then that likely means that you have at least two prior convictions. Long story short, even though you may be under 18, if you are in circuit court, then you will be treated as an adult unless the prior convictions should have been kept in youth court.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Being held for questioning an it’s been more than 72 hours now changing me with burglary that I didn’t do

Just cause someone said they seen a guy with 2 boat motors a weed eater an chainsaw but the chainsaw and weed eater belong to my boss I was with my girlfriend all day an night

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 19, 2022

From the looks of it, you have an alibi defense that the state would have to overcome in order to gain a conviction. I would highly encourage you to reach out to an experienced criminal defense lawyer to see what can be done to help you out.

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