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Mississippi Criminal Law Questions & Answers
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
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: 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
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... Read more »

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
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: Does the violent code have to be on your indictment to be considered a violent offender?
Arthur Calderon
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.

0 Answers | Asked in Criminal Law for Mississippi on
Q: Can anything be done if probation was revoked on a charge that was later dropped or retired to the file.

Paperwork states probation was revoked due to a case that was under investigation. The charge was retired to the file. Inmates was still left doing the time on that charge.

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
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... Read more »

0 Answers | Asked in Cannabis & Marijuana Law, Criminal Law, Family Law and Juvenile Law for Mississippi on
Q: My son is 17 and involved with both youth and drug courts. He refuses to smoking marijuana. Can the judge take him?

We've asked for long term treatment and it hasn't happened. We've asked for mental health medicine change and it hasn't happened. Judge said she would remove him from my custody if he doesn't stop. Can she do that when I have no control of him doing it? He only smokes when I leave the house.

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... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jan 4, 2022

No, repo men are not allowed to cause a public disturbance and/or assault you. You may want to consider pressing charges against the men individually and pursuing an action against the repo company and/or your creditor.

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0 Answers | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: Can a DOT officer check for warrants during a truck inspection non traffic stop

If your pulled into a weight station can a dot officer check for warrants

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
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.

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
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... Read more »

0 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Wrongful Death for Mississippi on
Q: On may 5th 2018 a drunk driver(refused breath&blood tests) killed my son, & severely injured myself and my daughter to

Point we were medflighted to Memphis TN, from MS, was charged in Grand jury(12\2018) with 3 felony DUIs. I've since learned he has extremely wealthy kin who is a figure in the local government and well known by locals and neighboring counties. So here I sit 3&1\2 years later, 5or6... Read more »

0 Answers | Asked in Criminal Law for Mississippi on
Q: Burglary charge does owner need to prove ownership item

The item has no serial number so how can anyone say its theirs and prove it

0 Answers | Asked in Criminal Law for Mississippi on
Q: Can a disabled mother petition parole board for daughters early parole to help mother who needs much care

Mother also needs help with daughter’s two children she is raising.

0 Answers | Asked in Criminal Law for Mississippi on
Q: I’m a RN in Mississippi. I have been beaten and abused for months now by my ex boyfriend. I shot him in the arm 2 weeks

Ago. My attorney says I have enough evidence that I will not be indicted by a grand jury. How will this effect my nursing license. Thank you

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
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.

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
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.

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