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Questions Answered by Arthur Calderon
1 Answer | Asked in Civil Rights for Mississippi on
Q: I was falsy arrested and almost killed by an officer on the way to jail. My injuries were severe and now I can't work.

Nobody will return my calls or help me and now I have a court date on bogus charges because I told

Arthur Calderon
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Arthur Calderon
answered on Feb 9, 2022

From the looks of it, you will need to first hire an experienced criminal defense lawyer to defend you on the bogus charges, since the remainder of your case may end up hinging on the outcome of that.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My boyfriend is on probation in Mississippi. Can his probation be violated without going before a probation hearing?
Arthur Calderon
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Arthur Calderon
answered on Feb 6, 2022

Typically, if a probation officer intends to revoke a person's sentence, they will first detain the person, at which point they are required to bring the defendant in front of a judge within a certain amount of time so that they can actually revoke the person's sentence.

1 Answer | Asked in Car Accidents and DUI / DWI for Mississippi on
Q: I had a vehicle accident and my vehicle landed on my own private property. No injuries occurred and no one but myself….

Was involved. I was detained and taken to my local police department under suspicion of DUI-other, whosever, that was not the case. I have seizures. That is what caused myself to run my car into a pole. Unfortunately, the police decided to have my vehicle towed away, even though it was situated on... View More

Arthur Calderon
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Arthur Calderon
answered on Feb 6, 2022

Yes, it is legal for them to have the vehicle towed if there is a suspicion of a DUI. It is a little tricky to seek reimbursement from them as a governmental entity, and would require you to challenge the DUI charge and beat the charge first. That being said, your insurance company may also... View More

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Mississippi on
Q: A 30 day period is given to a defendant to submit an answer to a complaint; Should the time include weekends/holidays?

In the State of Mississippi, for civil litigation, it is outlined in MRCP Rule 6 (Time) how to compute time. It mentions if the amount of time is less than 7 days, intermediate Saturdays, Sundays, and legal holidays are excluded from the time period. It does not mention verbatim an other time... View More

Arthur Calderon
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Arthur Calderon
answered on Feb 6, 2022

The time does include weekends and holidays; however, the rules also speak to whether the deadline to file an answer falls on a weekend or recognized holiday.

1 Answer | Asked in Collections for Mississippi on
Q: I'm being sued for 700$ for failure to make payment on Bank loan. How can I stay out of court?
Arthur Calderon
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Arthur Calderon
answered on Feb 6, 2022

Typically, the only way to stay out of court on an open account case is by bringing the account current or paying off the remaining amount owed on the account.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Can my tickets be thrown out if the issuing officer gave me the someone else’s ticket

I got a possession of marijuana ticket and a no running lights ticket and the officer gave me someone else ticket can my tickets be thrown out

Arthur Calderon
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Arthur Calderon
answered on Feb 6, 2022

Potentially; however, the question is really going to turn on whether the officer corrects the mistake and gives you the correct ticket at some point, which could include the day that you are supposed to be appear before the court.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How can someone get a copy of all evidence, court records, court transcripts, etc. to help a case?

I’m trying to help my man out on his case & want to know the best way to obtain any information possible on the case. I’ve tried numerous website in the county, surrounding areas and state. I am not having any luck getting the information. I am not in the same state as the inmate so I know... View More

Arthur Calderon
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Arthur Calderon
answered on Jan 27, 2022

Your best bet is going to be to contact the local court clerk and see if they would make a copy of the entire court file for you; however, be warned, they will likely charge a copying fee for the entire file, which could run considerably high.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have a question if im guilty of food stamp fraud will i go to jail
Arthur Calderon
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Arthur Calderon
answered on Jan 16, 2022

It really depends on the facts and circumstances of your case, as well as your background. Regardless, it is most definitely going to be in your best interest to get with an experienced criminal defense lawyer sooner rather than later.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Does the violent code have to be on your indictment to be considered a violent offender?
Arthur Calderon
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Arthur Calderon
answered on Jan 13, 2022

No. With the way that it works in Mississippi, there are certain crimes that are statutorily automatically considered violent felonies, so it would not have to be included on an indictment that the underlying crime is considered a violent crime.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Would possession of Viagra be considered a possession of a controlled substance charge in the state of MS?
Arthur Calderon
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Arthur Calderon
answered on Jan 13, 2022

Assuming that you do not have a valid prescription for it, if you were arrested and had it in your possession, you very well could be charged with possession of a controlled substance or some other related crime.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If I haven't been to court since I've been arraigned a year ago shouldn't my case be thrown out by now
Arthur Calderon
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Arthur Calderon
answered on Jan 13, 2022

Not necessarily. Even though a person has been arraigned and some time goes by, that does not automatically mean that the case gets thrown out. Rather what that does do is strengthen the possibility of there being a speedy trial violation, since the State only has a certain amount of time to take... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Police served warrant but had wrong address on it. The confiscated property similar to someone's stolen property

If burglary victim has no serial numbers and my iyltems are similar how can i b charged with burglary or theft

Arthur Calderon
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Arthur Calderon
answered on Jan 9, 2022

It really depends on several factors, such as who the warrant was meant to be served upon. While there is nothing necessarily wrong with it having the wrong address on it, it really depends on how far off the address is, and more importantly who it was meant for. The other thing to consider is what... View More

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: What do I do if people are living on land I purchased from the state?

I received my patent for tax forfeited lands. I went to visit the property and was told by neighbors. People who were living there appeared a year ago with paperwork saying they owned the land. There is little information on what to do next. I was told by sec of state office, my patent is the only... View More

Arthur Calderon
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Arthur Calderon
answered on Jan 9, 2022

From the looks of it, you may need to consider getting law enforcement involved to effectively escort the people off of the land. Assuming that they have no legal interest in the property, then they are trespassing.

1 Answer | Asked in Uncategorized for Mississippi on
Q: I have court Thursday on a petty larceny charge I need legal advice

I had no knowledge of the fact that my friend and I did not have permission to be on his uncle's land. My friend put some things in my truck and I helped him load an item. But I didn't know that we weren't supposed to be on the land and was didn't know that the things he and I... View More

Arthur Calderon
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Arthur Calderon
answered on Jan 4, 2022

It really depends on a few things; however, if this if your first charge, then there is a greater likelihood of no jail time. That being said, it sounds like you may have a viable defense, particularly depending on what the other person told officers and what the investigation revealed. Either way,... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: If you have dropped charges on a individual and the state has took the case do you still have to go to court and testify
Arthur Calderon
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Arthur Calderon
answered on Jan 4, 2022

It really depends on a few different things; but mostly, it depends on whether the state has issued a subpoena to have you appear and testify. Assuming so, the subpoena is effectively a court order requiring your appearance.

2 Answers | Asked in Criminal Law for Mississippi on
Q: Are repo drivers allowed to be confrontational?

I was at a gas pump and a repo truck rolls up and both guys get out prior I hop in my car trying to leave at this point one of them is trying to block me from leaving and the other one opens the drivers door and is pushing his arm in my neck attempting to get keys out of the ignition I was able to... View More

Arthur Calderon
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Arthur Calderon
answered on Jan 4, 2022

It is most definitely in your best interest to reach out to a lawyer sooner rather than later, as there appears to be a level of liability that can be established against the repo company, ESPECIALLY since this was at a gas pump and assuming that the lawyer can get surveillance footage ASAP.

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1 Answer | Asked in Bankruptcy, Personal Injury, Traffic Tickets and Banking for Mississippi on
Q: Trying to get a lawsuit

Lawsuit on Greenville police department, Sheriff department and sexual harassment on ambulance driver

Arthur Calderon
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Arthur Calderon
answered on Jan 3, 2022

Unfortunately, without more information, there is not enough information to go on. I would highly recommend that you reach out to a lawyer to go over the facts and circumstances of your case, so that you can determine what can be done.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Mississippi on
Q: Pulled over in MS and had 30 grams of Marijuana, 0.1 grams (one tenth) of methamphetamine, and about 15 x pills on them.

The person they were riding with had their gun in the car so the charges were enhanced? First time offender so what's the worst case scenario? What kind of time are they looking at?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 2, 2022

They are looking at some considerable time, given the number of dosage units involved. That being said, even with a firearm enhancement, there is still a possibility of having it resolved with minimal or no jail time; however, it all depends on the circumstances. I would highly recommend reaching... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Mississippi on
Q: My husband was sentenced to life without parole for murder. His rights were violated, what can we do?

He was sentenced to life without parole in Mississippi. 4 of his first amendment rights were violated and evidence came up missing during trial. What steps should we take to get his sentence reduced?

Arthur Calderon
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Arthur Calderon
answered on Dec 21, 2021

There is very little in terms of getting his sentenced reduced if he was found guilty for murder. Given what you have said, it may be worth it to look into a motion for post conviction relief, assuming that his lawyer has exhausted all appeals.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: How much time is he looking at if it was a year later after he got caught

My husband and one of his friends got caught spotlighting and a gun was in the truck. They took the gun gave it back to his dad. He went to court, paid his fine and that was it, a year later the feds got him for it. He had already went to court over it .what's going to happen

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 21, 2021

There really is no telling, without knowing the exact charges on the federal side. Even though he may have paid a fine in state court, if there is a violation of federal law, then the relevant federal agency can also pursue it.

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