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Questions Answered by Arthur Calderon
1 Answer | Asked in Criminal Law for Mississippi on
Q: I got caught with .2 of a gram of meth in a joint county and I was charged with introducing contraband

Is it possible that I won't have to do any extra time? Im a first time nonviolent offender

Arthur Calderon
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Arthur Calderon
answered on Nov 11, 2021

You may need to specify your question, particularly about a joint county. If you were already serving time and caught a new charge for introducing contraband, then there is a very real possibility that you will have to do additional time, regardless of whether you a first time nonviolent offender.... View More

1 Answer | Asked in Federal Crimes for Mississippi on
Q: Who has to sign off on a felony affidavit in MS? Can the same person sign off on a felony affidavit that signed for it?

One person signed off for the affidavit and signed off on it too.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 11, 2021

In Mississippi, typically the officer or person bringing the charges signs the affidavit, and then the affidavit is sworn to and then signed by the court clerk or a deputy court clerk.

1 Answer | Asked in Federal Crimes for Mississippi on
Q: Does a justice court clerk or a deputy clerk have to sign off on a felony affidavit?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 11, 2021

In Mississippi, typically, a felony affidavit is signed by the charging officer or complaining witness/victim, then it is sworn to in front of the justice court clerk or a deputy clerk.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Does a time have to be on a felony search warrant in ms

The rule book says there much be a time on a warrant.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 11, 2021

It depends on which portion of the search warrant that you are referring to, as well as the issuing court. If it is in federal court, usually the time frame in which the warrant can be executed is included. If it is in state, it is best practice for the issuing officer to include the date AND time... View More

1 Answer | Asked in Federal Crimes for Mississippi on
Q: How do you subpoena someone and evidence?
Arthur Calderon
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Arthur Calderon
answered on Nov 11, 2021

What you will have to do is draft a subpoena and present it to the court clerk for her to have it issued, then at that point you will have to have someone (not you if you are a party) serve it on the person.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can a person be convicted of possession of a weapon by felon without being arrested or found by police with a weapon.
Arthur Calderon
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Arthur Calderon
answered on Nov 7, 2021

It really depends on the circumstances; however, if the prosecution does not have any evidence to support a charge that a convicted felon was in possession of a firearm, then the chances of a conviction would seem to be in the person's favor.

1 Answer | Asked in Federal Crimes for Mississippi on
Q: Who can sign a felony affidavit in MS

Can the same person that signed a felony affidavit be who also signs off on the affidavit too?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 7, 2021

In Mississippi, there are really only two people that can file a criminal affidavit: the first is the alleged victim of whatever crime is alleged; the second is an investigator or law enforcement officer. Usually, depending on the nature of the crime, it is an investigator who files a felony... View More

2 Answers | Asked in Criminal Law for Mississippi on
Q: Can I be charged for something I wasn't charged for at the time and never had to make bail or never had to sign anything

I was asleep and woke up to the law. He searched my car and found a half gram of meth. I never was charged with anything nor had to sign any papers was released moments later on no bond. Can they bring up charges

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 7, 2021

This actually happens a lot more often than people realize. It is not unusual for a person to be investigated, and even sometimes detained, and then released without any sort of charge or notification of charges. The major thing to be aware of, though, is that an investigator can later go back and... View More

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1 Answer | Asked in Criminal Law for Mississippi on
Q: How do I get my gun rights back being convicted of two non violent felonies in MS?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Oct 13, 2021

Depending on your sentencing order, you may be eligible for either an expungement of your record (even with two felonies) or a certificate of rehabilitation. I would highly encourage you to reach out to an experienced criminal defense lawyer to talk about your convictions, and they can walk you... View More

Q: Will I need to report to jury duty in Mississippi if I am stationed out of state as an active duty soldier?

I am an Active duty soldier who is stationed at Fort Drum, NY. I was informed by family I have a notice to show up to court on Oct 18th for jury duty but I am in NY at the moment. Am I exempt, or is there a way I can be exempt?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Oct 13, 2021

You should be exempt from jury service; however, you will need to make sure that you contact the court and provide them with paperwork reflecting that you are on active duty.

1 Answer | Asked in Sexual Harassment for Mississippi on
Q: From what I know theres no sexual assault in MS. How could a grown man be charged for slapping a 16 yr old girls butt?

I am a third party without all the information but from what I know this incident occurred at a Waffle House while both individuals were at work.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Oct 13, 2021

There is no sexual assault in the way that you may think; however, there are other laws that would be applicable, such as simple assault.

1 Answer | Asked in Civil Rights for Mississippi on
Q: My son was walking on highway and was ran over and killed should a alcohol and chemical test not should have been done
Arthur Calderon
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Arthur Calderon
answered on Sep 30, 2021

Ideally, it should have been done. That being said, I would encourage you to consider reaching out to lawyer experienced with criminal law and personal injury, as cases like this tend to have components of both areas.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Can a off duty cop give you a speeding ticket while he is in his personal vehicle in Mississippi?
Arthur Calderon
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Arthur Calderon
answered on Sep 29, 2021

Unfortunately, the answer is yes; however, I would be curious to see how exactly the officer can say that you were speeding, since they were in their own vehicle and presumably would not have a radar to detect how fast you were going (aside from being behind you and measuring your MPH based on... View More

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: Regardless of failure to pay rent, or breach of contract, is it illegal for a landlord to evict in 15 days?

We have not paid September's rent yet and the landlord wants to sell the house. He has cited § 89-7-27 and give us 15 days to leave, but never sent a 3-day notice to pay rent. Does he have to give us adequate time to leave?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 29, 2021

Not necessarily. I would say that on the front end, you should look at the language of the lease agreement to see what sort of notice is required.

1 Answer | Asked in Internet Law for Mississippi on
Q: what can I legally do to stop a x from harassing me my family my friends and everyone else that I am related to

what can I legally do to stop a x from harassing me my family my friends and everyone else that I am related to. they have been harassing for close to 3 months I have asked them to stop repeatedly and took screenshots my family has asked them to stop repeatedly and they keep making you profiles to... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 29, 2021

On the front end, your best bet is going to be to contact local law enforcement to fill out a police report. If the problem persists, then there is a possibility of a civil lawsuit against the person.

1 Answer | Asked in Employment Discrimination for Mississippi on
Q: Wrong contract termination, due to the complaint about the supervisor.

Wrong employment termination and Discrimination.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 23, 2021

You most definitely need to talk with a lawyer about this, as cases like this hinge entirely on the specific facts and circumstances of the termination.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Have a girlfriend who is felon. Used my tuck and got charged with gun i had under seat. Can she get out of this enhance

She is habitual offender and state is seeking max penalty for both counts

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 23, 2021

She most definitely needs to get with an experienced criminal defense lawyer, considering that she is indicted as a habitual. These types of cases hinge entirely on whether the person 1) knew that the gun was nearby, and 2) had control over the gun. I would highly encourage you to reach out to a... View More

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: fedex driver ran over and killed my dog on my property, i have security video of the incident. what charges if any?

lawyer hired by fedex claims it is our fault for letting the dog out on our own property. our county does have a leash law, but it specifically states that you become liable when dog leaves your property.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 1, 2021

Depending on how the driver was handling the truck when this occurred, there may be a good argument to have FedEx at least pay some damages, though it would depend on the type of dog, bills associated with it, etc.

1 Answer | Asked in Employment Law for Mississippi on
Q: I work for Amazon, in January I injured my knee, tried several treatments nothing worked now I need a knee replacement.

I will miss 2 to 3 months of work making only 60% of my day? Do I not get paid my full pay because I injured my knee at work. I have already missed time from work for other treatments for my knee and was only paid for a few days missed. Some of the days I missed I wasn't paid for?... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 1, 2021

It sounds like there are quite a few issues with how Amazon is handling this situation. I would highly encourage you to reach out to an experienced workers comp lawyer ASAP, as these types of matters are very time sensitive. Most lawyers on here, including myself, offer free consultations to answer... View More

Q: Can I be put on 6 months misdemeanor probation with $600 fine for poss of marijuana when it was less than a gram (.2g)

I was a passenger in a car. We were initially stopped by 2 city officers for the window tint. We're were immediately pulled out of the vehicle and searched. I had to tiny pieces of weed in my pocket. Not even a gram .2 grams to be exact. I plead not guilty. The judge set me a court date. Once... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 10, 2021

They can if you ended up pleaded guilty or were found guilty by the court. The good news, though, is that at the of this the 6 months, your record will be expunged and it will not even show up on your record. The bad news is that you only get one bite at the apple when it comes to getting... View More

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