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Questions Answered by Arthur Calderon
1 Answer | Asked in Criminal Law for Mississippi on
Q: What is a typical charge for a expungement? My charge was possession of precursors with intent. This happened in 12/2001
Arthur Calderon
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Arthur Calderon
answered on Mar 27, 2022

Expungements themselves are relatively straightforward and inexpensive when compared to other criminal-related matters. I would highly encourage you to reach out to an experienced criminal defense lawyer so that you can discuss the circumstances surrounding the charge, its status, etc.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Ms code 99-15-26 b2 When defendant is put on pretrial diversion program shall the court release the bail bond
Arthur Calderon
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Arthur Calderon
answered on Mar 23, 2022

Pretrial diversion is something that is separate and apart from regular nonadjudication, which the referenced statute deals with. With pretrial diversion, the case is still considered open, and there is typically not any admission of guilt, as much as there is participation in the program with the... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Ms code 99-15-26 b2 -3 When a defendant is put on pretrial diversion program shall the court release the bail bond ?
Arthur Calderon
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Arthur Calderon
answered on Mar 23, 2022

Pretrial diversion is something that is separate and apart from regular nonadjudication, which the referenced statute deals with. With pretrial diversion, the case is still considered open, and there is typically not any admission of guilt, as much as there is participation in the program with the... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are there any laws on criminal defense against confidential informants? Laws that make evidence they provide inadmissibl

Any laws that stop that deem evidence inadmissible or impeaches the confidential informant?

Arthur Calderon
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Arthur Calderon
answered on Mar 20, 2022

There are not any laws, at least not in the traditional sense, that make a CI's testimony inadmissible. In terms of the CI's testimony, a lawyer typically relies on case law and the rules of evidence to make an argument to a judge as to whether the CI's testimony should be... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long before a felony receiving stolen property in Mississippi must be thrown out from when i wad first charged?
Arthur Calderon
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Arthur Calderon
answered on Mar 19, 2022

The answer to that question is more complicated than most people realize. Assuming that the person has already been charged, if a certain amount of time has gone by, then there is the potential for there to be a speedy trial violation, which in turn could lead to a potential dismissal of the... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: If police, do not follow the attorney general guidelines for the use of confidential informants what happen to case

Will informant and Case be inadmissible?

Arthur Calderon
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Arthur Calderon
answered on Mar 19, 2022

It does not necessarily mean that the use of the informant or anything from the informant would be considered inadmissible; however, it does open the door for certain arguments to be made, especially to undermine the informant's credibility.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I think they trying serve me papers for bad checks, I haven't had a account in over 10 years with a bank

I haven't had any checks in over 10 years, and I'm trying to see is it a statue of limitations on that issue, plus I'm sure my hand writing isn't on them, I understand they was my checks, so I'm responsible, but I don't have any money, struggling at home keeping my 70... View More

Arthur Calderon
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Arthur Calderon
answered on Mar 18, 2022

It really depends on whether you were ever arrested. If you were, then the statute of limitations does not apply; however, you may end up having a speedy trial issue given the length of time. Regardless, it is going to be in your best interest to either hire a lawyer or have a public defender start... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Mississippi on
Q: Should a lawyer tell you he isn’t the kind of lawyer you need before he tells you to take a open plea.

And also was told some of the charges where dropped but they wasn’t and got the papers after he was sentenced and a lot on it wasn’t true. And the judge made his discussion on letters that was sent in to him.the lawyer wasn’t a criminal lawyer and I have read before you take a open plea you... View More

Arthur Calderon
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Arthur Calderon
answered on Mar 17, 2022

From the looks of it, there may be a potential avenue for post conviction relief; however, it always depends on the particulars of a given case. Your best bet is going to be to get with an experienced criminal defense lawyer to see what, if anything, can be done.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My nephew was told to take a open plea on a criminal charge from a lawyer that wasn’t a criminal lawyer, and the judge

Sentenced him the maximum he says on letters he received. Can the sentence be appealed? Isn’t that misrepresentation? He hasn’t been in no trouble like that and he also can’t read or write very well.

Arthur Calderon
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Arthur Calderon
answered on Mar 17, 2022

Pleas generally cannot be appealed; however, depending on the circumstances, there may be an avenue for post conviction relief. Your best bet is going to be to get with an experienced criminal defense lawyer to see what, if anything, can be done.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Why would someone take a open plea ?
Arthur Calderon
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Arthur Calderon
answered on Mar 17, 2022

There are pros and cons to taking an open plea; however, it always depends on the circumstances. For example, if the person is being charged for a nonviolent crime, and the prosecutor is offering too harsh of a plea recommendation, then the person may wish to enter an open plea in the hopes of... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Mississippi on
Q: I am in desperate need of help. Who can I talk to?

I am in desperate need of help. I am being held in Marshall County Ms and my civil and constitutional rights are being grossly violated along with other inmates. The showers and plumbing have drainage issues and always back up. We have no access to light the lights in the cells do not work and... View More

Arthur Calderon
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Arthur Calderon
answered on Mar 11, 2022

You may want to consider either you or your family contacting an experienced criminal defense and constitutional lawyer to get on board and handle the criminal matter and the civil rights violations. Feel free to reach out to any lawyer on here by clicking the contact information next to their... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Mississippi on
Q: Can I sue a place of employment for a manager\general manager saying that I am nothing but wasted space?

A manager\general manager at a certain company came into my office and was talking to a fellow coworker. At first I was not paying much attention and I heard her say "I said it about that dumb ass over there" "nothing but wasted space". I looked around my coworkers monitor and... View More

Arthur Calderon
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Arthur Calderon
answered on Mar 11, 2022

With the way that it looks, you may end up having a potential claim for constructive termination, given that your manager is creating an environment that is not suitable for working. That being said, you may want to consult a lawyer in your area to discuss further.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is a simple assault on a law enforcement officer conviction is the state of Mississippi a violent or non violent felony?
Arthur Calderon
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Arthur Calderon
answered on Mar 6, 2022

In Mississippi, simple assault on a law enforcement officer is considered a violent felony.

1 Answer | Asked in Uncategorized for Mississippi on
Q: Can people go press false charges on you
Arthur Calderon
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Arthur Calderon
answered on Mar 4, 2022

The short answer is yes, people can press false charges. The big thing to remember, though, is whether those charges will end up sticking and whether the prosecution can prove its case beyond a reasonable doubt.

1 Answer | Asked in Criminal Law for Mississippi on
Q: price of a lawyer for an expungement

price of a lawyer for an expungement for felony forgery, 12 years since completed probation, no new charges brookhaven MS

Arthur Calderon
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Arthur Calderon
answered on Mar 4, 2022

It always depends on the circumstances, particularly whether you do actually qualify for an expunction. Your best bet is going to be to reach out to a lawyer who has experience with expunctions and see if they are willing to work with you in terms of the pricing.

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on
Q: Posession of 7.5 grams of psilocybin mushrooms in ms actually less. This includes the bag. It’s more like 3 grams.

Felony or misdemeanor?

Amounts?

Penalty?

Picked from growing naturally

Found in automobile upon traffic stop

Arthur Calderon
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Arthur Calderon
answered on Feb 26, 2022

It's really all going to depend on the amount/weight that the crime lab determines was involved. If low enough, then it would be considered a misdemeanor. Regardless, the main thing is, assuming that you have been legitimately charged, you get with an experienced criminal defense lawyer so... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Elder Law for Mississippi on
Q: Hello. What type of attorney would be best suited to handle cases for neglected/unfinished repair services over $4000?

The hired contractor was paid in full prior to the completion of his services. Unfortunately, the contractor did not complete the repair services. In the process of his services, he performed a makeshift repair that ultimately failed. Several attempts were made to reach the contractor thereafter... View More

Arthur Calderon
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Arthur Calderon
answered on Feb 26, 2022

From the looks of it, you have a civil suit against the contractor under several theories, with the obvious one being breach of contract. The main thing that you need to worry about is the statute of limitations, because, depending on some of the details, that statute could run (meaning that you... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long has Mississippi have to indict on a smal POS of meth charges

Was arrest over 2years still no indict

Arthur Calderon
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Arthur Calderon
answered on Feb 17, 2022

Even though Mississippi has a statute of limitations on certain actions, that statute of limitations on applies if there has been no activity on a particular case, specifically, an arrest. Since there was an arrest over two years ago, then they have met the statute of limitations. The question then... View More

1 Answer | Asked in DUI / DWI for Mississippi on
Q: Why does it take so long to find a court date for a federal dui

Arrest Jan 10 have not been notified of a court date

Arthur Calderon
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Arthur Calderon
answered on Feb 14, 2022

That is rather unusual. Typically, the court will notify someone relatively quickly about a court date. Assuming that you have a lawyer, your best bet is going to be to talk with that person to get a status update. Otherwise, you may want to consider reaching out to the court clerk to request an... View More

1 Answer | Asked in Civil Litigation for Mississippi on
Q: I was falsy arrested and almost killed by an officer can he be punished? I live in Columbus, Ms

I can't get help with my medical bills or a call back and I can't work now. I've lost everything.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 9, 2022

It always depends on the situation; however, the first question is whether that officer put charges on you and for what. This is important because if there is a civil lawsuit, it will likely hinge on what happens with the criminal case. Regardless, it is in your best interest to reach out to... View More

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