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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: I got a felony drug charge on January 20 2023. And it's October 4 2023 and I still haven't been indicted for the charge.
Arthur Calderon
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Arthur Calderon
answered on Dec 13, 2023

It sounds like there may be the potential for a motion to dismiss based on lack of a speedy trial. Usually, the magic number is nine months before the delay is considered presumptively prejudicial. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: how long does it take for my lawyer to get my motion of discovery?
Arthur Calderon
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Arthur Calderon
answered on Dec 13, 2023

It usually does not take very long. Typically, once the motion is filed, the state is obligated to produce the discovery quickly, and if they do not, then the defense lawyer could file a motion to exclude that evidence or request sanctions (including a potential dismissal) due to a discovery... View More

1 Answer | Asked in Civil Rights and Criminal Law for Mississippi on
Q: Can you be guilty of voyeurism on your own property?
James L. Arrasmith
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answered on Dec 2, 2023

Yes, you can be guilty of voyeurism even on your own property. The key factor in voyeurism charges is not the location, but the act of observing or recording someone without their consent in a situation where they have a reasonable expectation of privacy.

This means that if you engage in...
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1 Answer | Asked in Child Custody, Divorce, Criminal Law and Family Law for Mississippi on
Q: My wife took our 1 yr old son to PA from MS because I wanted a divorce what would happen if I went and took him back

Mississippi residents I know there's no issue with a parent taking the child out of state without permission if there is no custody order so does that mean I can also bring him home from Pennsylvania since my wife and son are still Mississippi residents and we're still married she refuses... View More

William R. Wright
William R. Wright
answered on Nov 24, 2023

You are correct. Since there is no order in place, either parent may take the child wherever he or she wants. However, it is a bad idea for you to go to Pennsylvania and take the child back to Mississippi against your wife's will. There very well could be a physical confrontation that could... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: What is Mississippi charges for sales of not more than 10 grams but not les than 2 grams for counterfeit sales of meth
James L. Arrasmith
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answered on Nov 9, 2023

In Mississippi, the sale of a counterfeit controlled substance, including a substance represented to be methamphetamine, can lead to criminal charges. If the amount involved is between 2 grams and less than 10 grams, it is considered a felony.

The specific charges and potential penalties...
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1 Answer | Asked in Criminal Law for Mississippi on
Q: If a person receives the 5 year sentence for failure to register but not made mandatory by Judge, have to serve all 5?

The Judge did not order mandatory and prosecutor did not request it to be 5 year mandatory in Mississippi. So is the person not eligible under law for good time,

T. Augustus Claus
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answered on Oct 11, 2023

In Mississippi, if a judge does not specify that a sentence is to be served as "mandatory" or without the possibility of parole or early release, then the sentenced individual may be eligible for parole or other sentence reductions based on good behavior or other factors. "Good... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I got a ticket for indecent exposure I was in my vehicle in a dark parking lot in the processes of pulling my pants up
James L. Arrasmith
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answered on Nov 9, 2023

If you have received a ticket for indecent exposure, it's important to review the specific circumstances and the law under which you were charged. Indecent exposure generally requires an intentional act of exposing oneself to another person in a public place. If the exposure was accidental or... View More

1 Answer | Asked in Criminal Law, Immigration Law and International Law for Mississippi on
Q: Q: Do I have to declare my two contempt of court charges if it was expunged on a Student Visa for Australia?

My two Contempt of Court charges were because I forgot to pay my traffic tickets and show up to court. But I got all of them expunged 3 years ago

James L. Arrasmith
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answered on Oct 15, 2023

When applying for an Australian student visa, you're typically asked about any criminal convictions, and this includes charges and their outcomes. While your contempt of court charges were expunged, some jurisdictions may still view them as part of your record. The general practice is to be... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long does prosecution have to indict on Aggravated assault
T. Augustus Claus
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answered on Sep 22, 2023

In Mississippi, the statute of limitations for aggravated assault is generally two years from the date of the alleged offense. This means that the prosecution has two years to file charges against the accused. However, there can be exceptions or conditions that could extend or modify this period.... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: How to get sheriff dept to do thier job?

My friend passed away in her boyfriends front yard he didnt call 911 when she was found he was just sitting on the porch until he realized someone was there then he started pretending to ned help. she had been dead several hours at this point. on the porch where e was her purse was dumped out her... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

Under the circumstances you describe, you should assume you are a suspect and should retain a competent and experienced criminal defense attorney as soon as possible. You should also assume police will not give you all the information they have and that they may lie to you to gauge your reactions... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: what is the penalty possession of a firearm while legally in postion of controlled substance in mississippi?
T. Augustus Claus
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answered on Aug 15, 2023

In Mississippi, the possession of a firearm while in possession of a controlled substance is a serious offense. This offense is often referred to as "possession of a firearm in the commission of a felony" or a similar term, and it is usually treated as a separate offense from the... View More

1 Answer | Asked in Federal Crimes and Criminal Law for Mississippi on
Q: how can i get my car back the law seized on a warrent?
T. Augustus Claus
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answered on Aug 14, 2023

If your car was seized by law enforcement under a warrant, the first step you should take is to contact the law enforcement agency that seized your car to inquire about the process for reclaiming it. They will provide you with information about the necessary steps, documents, and fees that you need... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Mississippi on
Q: A Friend that had been staying with me agreed to watch my house & dog while I was in FL. Returning everything & dog gone

Police came and said there was nothing they could do and wouldn't file a report. Is this the law?

T. Augustus Claus
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answered on Jul 27, 2023

If your friend agreed to watch your house and dog and then did not return them as agreed, this may be considered a civil matter rather than a criminal one.

In civil cases, such as disputes over property or contracts, the resolution typically involves seeking remedies in civil court, such as...
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1 Answer | Asked in Libel & Slander, Criminal Law and Probate for Mississippi on
Q: Someone had a car towed to my house they pased away 2 days later 10 monts go by then someone showes up to get the car

I told them their was storeag bill and they went and reported the car stolen and told law were it was and that i stole it

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

If you had an agreement with the person who towed the car to your house to pay you a storage fee, you have the right to collect that fee from the deceased person's estate if the estate had enough money to pay that claim. You must present your claim with written evidence of the storage... View More

1 Answer | Asked in Criminal Law, Communications Law and Military Law for Mississippi on
Q: I am being harassed by voice to skull technology and they are threatening my life.. nobody believes me please help

I know it's somebody with access to military grade weapons which scares me because this means it's police officials or government officials I don't know what to do or where to go for help

Aaron Mark Pack
Aaron Mark Pack
answered on Jul 12, 2023

At first glance, this does not appear to be a legal question.

However, the gap between technology and science fiction depends largely on the time of day.

Hypothetically, assuming what you say is true, although I would more likely rephrase as mental distress in response to suspected...
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1 Answer | Asked in Criminal Law for Mississippi on
Q: If a person doesn't bond out of jail after being charged with a felony, is there a set number of days to get indicted?
Arthur Calderon
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Arthur Calderon
answered on Jun 12, 2023

Long story short, there is no set number of days that they State has to present a case over to the grand jury for a potential indictment; however, with each passing day, there is an increased likelihood of a dismissal based on the violation of the constitutional right to a speedy trial. The other... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can someone without a lawyer get a copy of their discovery packet?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 12, 2023

The short answer is yes. A person who is representing themselves can get a copy of their discovery packet by making a formal request with the prosecutor, and the prosecutor is obligated to turn over the discovery packet when requested.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Penalties for conviction of taking a motor vehicle first offense in Mississippi
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 6, 2023

The penalties for auto-theft are relatively low. That being said, if this was the person's first offense, there is a significant likelihood that the person could avoid jail time and even avoid having this on their record. I would highly recommend that the person reach out to an experienced... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Does a misdemeanor shoplifting charge make a person ineligible to work a job with children in the state of Mississippi?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 6, 2023

Not necessarily; however, the best course of action in a situation like that would be to try and have the charge or conviction expunged from the person's record, so as to avoid any potential issues with eligibility.

1 Answer | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Mississippi on
Q: Is it required by Mississippi state law that I provide my ID during a traffic stop, Or is providing my name good enough?

I was traveling westbound on I 20 at 10:30 at night just after a rain storm. I’m approaching a box truck in the right lane I am in the left lane trying to pass the box truck. I noticed in my mirrors that there is a vehicle approaching me at a high rate of speed in the right hand lane. Therefore I... View More

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Great description of facts. I felt like I was there. I do not know of any state that DOESN'T require you to have your license in your physical possession while driving. And I mean the actual license, not a photo of it on your phone. This is so the officer can determine if it has been altered... View More

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