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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: I have been charged with first time felony grand larceny of 1000 or less in taking personal property from a gas station

i worked there but i have receipts of where i paid for merchandise. if found guilty what could i be facing in Mississippi

Taylor H. Webb
Taylor H. Webb
answered on Jan 14, 2025

Under Mississippi law, grand larceny is typically defined as unlawfully taking someone else's property valued at $1,000 or more. For purposes of this answer, we'll assume that you meant "more" instead of "less" in your question. The range of sentences for grand larceny... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Constitutional Law for Mississippi on
Q: If probable cause was found at the time police were called to a domestic incident don't they have to make an arrest then

Arrest was made 20 days after police were called to residence of the domestic call. On the day of the call both parties were present so why didn't they arrest the one that was charged the day they came for the initial call?

James L. Arrasmith
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answered on Jan 10, 2025

Police procedures around domestic incidents can vary by jurisdiction and specific circumstances. Even when probable cause exists, officers sometimes exercise discretion based on various factors including the immediate safety of all parties, the presence of evidence, and the emotional state of those... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Mississippi on
Q: could a sentence get overturn if the apointed lawyer mislead the client
James L. Arrasmith
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answered on Jan 9, 2025

Yes, a sentence could potentially be overturned if your court-appointed lawyer provided ineffective assistance or misled you. This falls under the legal concept of "ineffective assistance of counsel," which is a valid ground for appeal.

To challenge your conviction on these...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Mississippi on
Q: My brother is incarcerated on a probation hold , but it's been over a month and he has not been brought to a revocation

The county he was sentenced to probation is the same county he was arrested in and is currently incarcerated. They are known for violating due process. Who do I contact to get him released back on probation

James L. Arrasmith
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answered on Jan 7, 2025

Your concern about your brother's delayed revocation hearing is valid - this could indeed be a violation of his due process rights. The typical timeframe for a probation revocation hearing is much shorter than a month, and excessive delays can be grounds for release.

Your first step...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: Does Mississippi Code Title 97, Crimes § 97-35-7 cover a situation where someone refuses to identify to law enforcement?

Does mississippi have a "failure to identify" law or would this be covered under statute 97-35-7 where the failure to identify is a crime in and of itself thank you for your time

James L. Arrasmith
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answered on Dec 21, 2024

You’re right to look into how Mississippi handles refusal to identify yourself to law enforcement. Under Mississippi Code Title 97, Crimes § 97-35-7, it is a misdemeanor if someone refuses to provide identification when a law enforcement officer lawfully requests it. This statute makes it clear... View More

1 Answer | Asked in Consumer Law, Criminal Law, Traffic Tickets and Civil Rights for Mississippi on
Q: Can you refuse to ID at a Saftey Checkpoint if you haven’t committed or are not under suspicion of committing a crime?
James L. Arrasmith
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answered on Jan 5, 2025

Whether you can refuse to show identification at a safety checkpoint depends largely on the location and the specific regulations in place. In many places, especially at airports, government buildings, or during certain events, security personnel are authorized to request ID to ensure... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Mississippi on
Q: may I ask what can be done about wrongful imprisonment due to lack of evidence and tampering with evidence also a witne

My mother was wrongfully imprisoned the officers have no evidence also tampered with a witness and lied on the stand this is my mothers first time ever being in trouble and they gave her 50 years and to serve 25 my mother did not deserve the set up they did to her please tell me what we can do.

James L. Arrasmith
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answered on Aug 31, 2024

I'm deeply sorry to hear about your mother's situation. When wrongful imprisonment occurs due to lack of evidence, tampering, and perjury, you should begin by gathering all relevant documentation, including trial transcripts, police reports, and any evidence of misconduct. It's... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I have 5 misdemeanor and one felony I never been in trouble before in my life will I do time in jail

I saw this post on Facebook about a rental property rent to own so I sent these people money thinking I will get the property so I reposted the house tried to rent it out and collected two deposit from them just in case one's back out the next day I noticed I've been locked out of my... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you're in a difficult situation. Given that you have no prior criminal record, it's possible that the court may consider this in your favor during sentencing. However, the outcome will largely depend on the specific details of your case, including the amount of money... 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 Criminal Law, Libel & Slander, Appeals / Appellate Law and Civil Rights for Mississippi on
Q: How can I file charges of falsification of sexusl assault of a minor in respect of a friend and give a failure of due pr
James L. Arrasmith
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answered on Jun 26, 2024

If you have genuine concerns about a crime against a minor, the proper course of action is to report factual information to the appropriate authorities, such as local law enforcement or child protective services. They are equipped to investigate such matters properly.

If you believe there...
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1 Answer | Asked in Criminal Law, Domestic Violence and Military Law for Mississippi on
Q: The state of MS pressed Domestic Violence Simple Assault charges on my Fiancé after police were contacted.

I did not contact cops. My fiancé does not have a criminal history other than traffic violation (speeding ticket). I do not have the desire for him to be convicted, but at the initial hearing he was advised a second hearing would have to occur in September and I am possibly being subpoenaed, as... View More

James L. Arrasmith
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answered on Jul 18, 2024

It's important to understand that once the state has pressed charges, the case is out of your hands. The prosecutor will decide whether to proceed, and your desire for dismissal may not change their decision. However, hiring an attorney can help you navigate the legal system and ensure your... View More

1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Civil Rights for Mississippi on
Q: If I lived with a man for 11.5 years and we opened a joint checking account and a money market account then we split up

Can I legally withdraw money from either account without being sued or arrested for theft? What can or can I not do with this money???

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's a general overview of the situation, but please note that this is not legal advice and you should consult with a local attorney for specific guidance:

1. Joint accounts: Generally, when two people open a joint account, both parties have equal...
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1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Mississippi on
Q: I have expunged my record how can I get a gun permit
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answered on Jun 10, 2024

If you have expunged your record, you may still be able to get a gun permit, but the process and requirements can vary depending on your location. First, check the specific laws in your state or country, as each jurisdiction has different rules about gun ownership and expunged records.... View More

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 Criminal Law for Mississippi on
Q: It’s been over one year since I was indicted on my charge for cocaine and meth. Can they still invite me? If so, why?
Arthur Calderon
Arthur Calderon
answered on May 5, 2024

Likely they can, because they have already indicted you or charged you, with tolls the statute of limitations in criminal cases. Your best bet is going to be to get with an experienced criminal defense attorney so that they can go over the facts of your case.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is it possible to get charged dropped against my husband for aggravated assault? The cops pressed them .I was drunk when

I call them n made the allegations.

Arthur Calderon
Arthur Calderon
answered on May 5, 2024

It's possible, but it is going to depend on a few things, like whether your husband has already had a preliminary hearing. Your best bet is going to be to talk with an experienced criminal defense attorney who can discuss the facts of the case and get a better idea of the case's current status.

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 Criminal Law for Mississippi on
Q: How much property damage is considered a felony in the state of Mississippi
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answered on Feb 26, 2024

In Mississippi, the threshold for property damage to be considered a felony is relatively clear-cut under the law. When the cost of the damage to property exceeds $1,000, the offense can escalate from a misdemeanor to a felony. This distinction is crucial because felonies carry more severe... View More

1 Answer | Asked in Personal Injury, Criminal Law and Civil Rights for Mississippi on
Q: Statute of limitations for aggravated assault by an authority figure

In 2016 I was in Corinth Mississippi walking to the store at approximately 7 in the morning. As I was walking a police car with his lights on pulled up in the turning lane and instructed me to come out to his vehicle. When I approached the car the officer got out of the car and asked me for my ID I... View More

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answered on Jan 21, 2024

Hi! Happy Sunday. Based on the facts provided, it seems the incident in question occurred in 2016 in Corinth, Mississippi.

The statute of limitations for aggravated assault in Mississippi is 2 years (Miss. Code Ann. § 99-1-5). However, the statute of limitations may be longer or not apply...
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1 Answer | Asked in Criminal Law for Mississippi on
Q: I would like to know how to file motion of dismissal after I've not been indicted in 2 years on C/S charge in 9/21

I understand there's no set time for indictment but can I argue the due process to a speedy trial argument and file for a motion to dismiss being it's taking 2 years and still no indictment. The c/s was not in my possession it was in the car I was driving so constructive possession is... View More

Arthur Calderon
Arthur Calderon
answered on Jan 9, 2024

The process of filing a motion to dismiss is relatively simple. What you will need to do, assuming you do this pro se, is just file the motion in the court where the matter is pending, and refer to the various Barker factors (time since arrest, whether the right to speedy trial was invoked, the... View More

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