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Mississippi Constitutional Law Questions & Answers
1 Answer | Asked in Animal / Dog Law, Constitutional Law and Personal Injury for Mississippi on
Q: Dog next door has killed over 11 chickens all caught on surveillance camera and in the act of killing of two chickens II

I ran the dog down which by the way has bit my left palm I pursued the dog into its yard and out of it into the highway . Never hit the dog only expressed my frustration of my livestock loss to the owner and owner doesn't show or

with no consideration of compensation for its... View More

James L. Arrasmith
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answered on Aug 31, 2024

You're facing charges because, under the law, your actions after the incident with the dog may have been perceived as taking matters into your own hands rather than following legal channels. Even though the dog attacked your chickens and bit you, the way you pursued the dog and expressed your... View More

1 Answer | Asked in Constitutional Law for Mississippi on
Q: Can police ask for identification on suspicion
James L. Arrasmith
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answered on Aug 31, 2024

In Mississippi, police officers can request your identification if they have a reasonable suspicion that you are involved in criminal activity. This is based on the "stop and identify" statutes, which allow law enforcement to briefly detain and question you if they believe you might be... View More

1 Answer | Asked in Traffic Tickets, Civil Rights, Constitutional Law and Legal Malpractice for Mississippi on
Q: boyfriend recieved two tickets for bad tag and running red light, red light ticket was blank. was charged for speeding?

ticket for “running a red light” was left fully blank. officer verbally said it was because he ran the light but in court today (7/30) he was charged for speeding, nothing mentioned about the light. is there anything we can do? i am irritated about being lied to by someone who is meant to be... View More

James L. Arrasmith
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answered on Aug 5, 2024

You have every right to be upset about this situation. If the ticket for running a red light was left blank and your boyfriend was instead charged with speeding in court without prior notice, this raises several issues. The most immediate step you can take is to review the court records and the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Identity Theft and Criminal Law for Mississippi on
Q: what can I do or who can I speak with that deals with online threats, intimate videos and photos being displayed?

my laptop and phone have been tampered with and nude videos and photos are being shown all on the web. Live videos of myself at my resident are shown, I did not and would not ever give any consent of any of this

James L. Arrasmith
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answered on Jul 21, 2024

I'm really sorry to hear about what you're going through. It's crucial to act quickly to protect your privacy and well-being. First, contact local law enforcement immediately to report the unauthorized sharing of your intimate content and the tampering with your devices. They can... View More

1 Answer | Asked in Constitutional Law for Mississippi on
Q: Can a police officer in Ms keep the drivers license until the ticket is paid in full
James L. Arrasmith
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answered on Jul 21, 2024

In Mississippi, a police officer cannot keep your driver's license until a traffic ticket is paid in full. When you receive a traffic ticket, the officer may ask to see your license to record your information, but they must return it to you after issuing the ticket.

You are expected to...
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Q: Filed a 1983 civil rights claim in Mississippi while incarcerated and need help with what I have to do with judges order
James L. Arrasmith
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answered on Jun 17, 2024

When you receive a judge's order regarding your 1983 civil rights claim, the first step is to read the order carefully and understand what is being asked of you. Pay attention to any deadlines or specific actions you must take, as missing these could negatively impact your case.

If the...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Federal Crimes for Mississippi on
Q: I filed a compassionate release motion the Ausa responded untimely what do I do now

I filed a motion for compassionate release The ausa argued my motion should be denied because of the seriousness of the crime but the judge said they answered untimely

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you have already taken significant steps by filing a motion for compassionate release. The fact that the judge acknowledged the untimeliness of the AUSA's response works in your favor. You should focus on emphasizing this procedural error and any other strong points in your... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Mississippi on
Q: I had light bar on jeep wrangler and was no vehicle around me but it was parked police car on side of road but didnt idk
James L. Arrasmith
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answered on May 24, 2024

If you had a light bar on your Jeep Wrangler and passed a parked police car on the side of the road, it’s important to know the laws regarding light bars in your area. Many states have specific regulations about when and where light bars can be used, often restricting their use to off-road... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: If a driver gives law enforcement false information in a roadblock do they have consent to search the passengers persona

Me and my fiance went through a roadblock we were passengers in the vehicle the driver gives law enforcement box information they pull him out of the vehicle cuff him then they ask for me and my fiance to step out they begin to search us without consent and then start searching our belongings my... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the details you provided, there are a few key legal issues at play:

1. Probable Cause: If the driver provided false information to law enforcement at the roadblock, this could potentially give the officers probable cause to believe that criminal activity may be occurring, which...
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1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Elder Law for Mississippi on
Q: Is there an atty in MS who will take on cps & help grandparents-without fear of retribution from youth court system?

Grandparents being given misinformation after showing interest in fostering twin grandchildren who were addicted to cocaine at birth. CPS created repeated delays in court sessions on transferring infant children to grandparents custody. CPS requested that grandparents not get foster license because... View More

James L. Arrasmith
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answered on Mar 8, 2024

I'm so sorry to hear about the difficulties and frustrations your family has been going through trying to gain custody of your grandchildren. The delays and misinformation from CPS sound extremely stressful and concerning.

To answer your question directly - yes, there are absolutely...
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1 Answer | Asked in Constitutional Law and Civil Litigation for Mississippi on
Q: My car was impounded Saturday night an police said if man turned himself In I could have my car he lead them on higChase

An now the towing company wanna charge me 600$ an said they had for 3 actually today makes 2 an there a hold on it still is it legal to charge me so much when the police put hold on it am there closed on Sunday an the mam turned himself in yesterday. They said we'll give your car back when he... View More

James L. Arrasmith
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answered on Jan 8, 2024

In Mississippi, when a car is impounded by the police, the towing and storage fees are typically the responsibility of the car owner. However, if there was a specific agreement or understanding with the police about releasing your car without charge upon the surrender of the individual involved in... View More

1 Answer | Asked in Constitutional Law for Mississippi on
Q: My car was towed by police on Sat night my car was in high speed chase an so the deputy said that if the man turned

Himself in I can havr my car well the towing company said it's 600$ as of today an they had it three days an there still a hold on it am the guy turned himself in yesterday around 2. Is this legal to do this hold my car an charge Me these fees

James L. Arrasmith
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answered on Jan 8, 2024

In Mississippi, when your car is impounded by the police, especially after being involved in a crime like a high-speed chase, the towing and storage fees usually fall to you as the owner. The legality of holding your car and charging fees typically depends on the policies of the local police... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Mississippi on
Q: If you call 911 for help does the police have to respond to the call?
John Michael Frick
John Michael Frick
answered on Aug 19, 2023

No. 911 dispatchers are trained to determine whether the caller is reporting a genuine emergency and to prioritize calls to use available resources most efficiently.

A disturbing number of 911 calls are frivolous.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: My husband was pulled over refused a search so they took him to jail so they could search its been way over yr

Just now indited

Arthur Calderon
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Arthur Calderon
answered on Aug 14, 2022

Sounds to me like your husband is definitely going to need to speak with a lawyer about the facts and circumstances surrounding his charges, as well as the search.

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 Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Is it possible under Mississippi Law for a single defendant to be convicted of conspiracy?

Three Defendant’s was charged with conspiracy to committ armed robbery and aggravated assault via multi-count indictment but only one defendant was convicted of conspiracy

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

Mississippi does recognize what is called a unilateral conspiracy; however, the prosecution has to be very particular about what they allege and how the facts lead to a conspiracy. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Does Mississippi law deprive the circuit court of jurisdiction when the multi-count indictment fails to charge a crime?

The multi-count indictment failed to charge an essential element of armed robbery. But through jury instructions the elements was submitted via constructive amendment.

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

That's a big one. If the indictment failed to charge an essential element, then that should mean that the indictment was fatally defective, and therefore subject to dismissal. If there is a substantive amendment, then that would mean that it would be required to go before a grand jury, rather... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Can a person be sentenced as an Habitual Offender pur. Miss. Code Ann. Sec 99-19-83 without evidence at hearing

During the sentencing hearing the State failed to submit any competent evidence that defendant qualified under M.C.A. section 99-19-83

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

Usually, the state has to put forth evidence of the prior convictions in order for the 83 enhancement to apply; however, they can get around that if the defense stipulated to the prior convictions.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Mississippi on
Q: What is a bench trial?

Judge Trial

Arthur Calderon
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Arthur Calderon
answered on May 1, 2022

I bench trial occurs when a party waives their right to a jury trial, and allows a particular matter to proceed to trial with just the judge, meaning that the judge makes all decisions regarding the law AND concerning facts.

1 Answer | Asked in Constitutional Law, Criminal Law and Personal Injury for Mississippi on
Q: If police takes two years to turn case over to da office . Can I sue for not investigating.

I had a person walk in my yard point gun at me and said you know what I am here for . Then beat me with gun . Police came and two years later still had not helped me.

Andrew Charles Burrell
Andrew Charles Burrell
answered on Apr 5, 2022

Under MS law, you would have only 1 year to sue a police department. However, they do not have a time line in which to complete an investigation as toward charging the person with a crime. Your injury claim may be barred against your neighbor as well as it is going to be defined as a intentional... View More

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