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Mississippi Federal Crimes Questions & Answers
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

2 Answers | Asked in Family Law, Criminal Law, Elder Law and Federal Crimes for Mississippi on
Q: Louisiana-my dad purchased our family home with money he collected from a lawsuit injury over 25 yrs ago. Then married.

The title of the house and property is exchanged several times between him and his sister and eventually his ex-wife(25 yrs younger) is add. They've been divorced for 8 to 10 years now and she's suing him for community property. His attorney said it was a mortgage on the house that she... View More

James L. Arrasmith
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answered on Jan 13, 2024

In Louisiana, the "dirty hands doctrine" is not a recognized legal doctrine that would automatically prevent someone from claiming community property in a divorce case. Community property laws in Louisiana can be complex, and the outcome of your dad's case would depend on various... View More

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2 Answers | Asked in Federal Crimes and Criminal Law for Mississippi on
Q: I got stopped and had 4 grams of meth on me and a pipe what should I do before court
Arthur Calderon
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Arthur Calderon
answered on Dec 30, 2023

First and foremost, the first thing you need to do is get a lawyer. Having the pipe is the lesser crime of the two, since prosecutors typically go after the controlled substance charge more than anything. That being said, there are some ways to minimize any potential jail time that you may end up... View More

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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 Federal Crimes for Mississippi on
Q: How long it normally take.a grand jury to return a indictment
Arthur Calderon
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Arthur Calderon
answered on Jun 6, 2023

That question is a lot trickier than it sounds. Oftentimes, it can be several months, and sometimes years, before a case is even presented to the grand jury. That being said, at a certain point, the person charged has grounds to request that the charge be dismissed and expunged from their record.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Can an inmate that’s already sentenced in Mississippi Department of Corrections , get released on early parole ?

Inmate parole date is 10/26 as of now. He is at a Community Work Center operated by the state dept of corrections. He is working everyday and doing A&D classes. Never received a write up. Will his parole date change to anything sooner

James L. Arrasmith
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answered on Mar 19, 2023

It is possible for an inmate to be released on parole earlier than their scheduled release date, but this decision is typically made by the Mississippi Department of Corrections Parole Board based on a variety of factors, including the inmate's behavior while incarcerated, the nature of the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If you have gotten a felony charge and the arresting officer didn’t read you your Miranda rights can the case be demised
Arthur Calderon
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Arthur Calderon
answered on Jan 15, 2023

It really depends on the situation. The failure to tell a person their Miranda rights does not necessarily mean that the case will be dismissed; however, it could mean that any confession or statements made by the person may not be able to come in. Once again, though, it depends on the situation.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If someone is on papers and they get pulled over and have a firearm how does the feds pick it up before court date

This person was convicted felon and he got stopped for no seatbelt one day and had a firearm and went to jail and was able to bond out and had an upcoming court date but when he reported to his PO the US Marshals had indicted him and I don't understand how or why

Arthur Calderon
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Arthur Calderon
answered on Oct 11, 2022

The federal system tends to work much faster than the state system. The other thing to remember is that the federal penalties tend to be much harsher than the state side, even for something as relatively small being a convicted felon in possession of a firearm. The person's best bet is going... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Is Charge 1-41-29-144 Controlled Substance: Fraudulent Transfer/Possession of prescription a federal offense?

The case was dismissed on April 21, 2022, via Pre-Trial Diversion. How do I get my record expunged

Arthur Calderon
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Arthur Calderon
answered on Jul 27, 2022

If the case was dismissed via pretrial diversion, then the best thing that you could do to have your record expunged is get with a lawyer, who can draft and submit the necessary paperwork to get the case expunged.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Mississippi on
Q: Can I own a gun if my husband was innocent but plead guilty to a domestic violence charge with ex 25 years ago

We live in Mississippi. He was charged in Virginia

Arthur Calderon
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Arthur Calderon
answered on Jun 12, 2022

From the looks of it, there is nothing prohibiting you from carrying or owning a firearm. The key question is going to be whether your husband has access to it, as well as the nature of his conviction. If it is a felony, then he cannot have any possession of any firearm unless he gets his record... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I need to know if a juvenile is charged with tampering with evidence (gun), could he/she be charge as an adult?

What justify that juvenile being charged as an adult

Arthur Calderon
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Arthur Calderon
answered on Jun 9, 2022

Typically, a charge like that would keep the juvenile in youth court, unless it is a crime that concerns a firearm or is an egregious violent crime.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: My fiancé has 3 counts of receiving stolen firearms but she wasn't caught with any weapons and they didn't find any gun

Is there a way we can get her bond reduced or any other way to get her out. She is willing to do whatever it takes to get home to me and the kids

Arthur Calderon
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Arthur Calderon
answered on May 13, 2022

It really depends on the facts of the case. Assuming that your fiance is a first time offender, then there is a greater likelihood of her getting her bond lowered to something more reasonable. I would be more concerned about why law enforcement is charging her when she did not have them in her... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I was charged with DV disturbing the peace. Can I still buy guns

Am I allowed to have guns in other states? Theres so many different ways to look at it

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

Generally under federal guidelines, anyone with a Domestic Violence charge on their record won't pass a federal background check to purchase firearms.

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
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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... View More

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
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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 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 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
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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: Does a justice court clerk or a deputy clerk have to sign off on a felony affidavit?
Arthur Calderon
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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 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
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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: 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

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