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Mississippi Juvenile Law Questions & Answers
0 Answers | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Mississippi on
Q: Needing advice on what to do about getting my children back from cps when I have completed all requirements given to me

I have completed CPS' list of requirements even though the accusation of neglect was unfounded, and I had proof my children were anything but neglected. Now upon completion of their list I have not received a visit with my children in a month and a half, which is supposed to be once a week.... Read more »

1 Answer | Asked in Juvenile Law for Mississippi on
Q: Juvenile charged with. Terroristic threat
Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 19, 2022

Without more information, it's hard to determine what you are asking. You should probably reach out to an experienced criminal defense lawyer, as those types of charges can be incredibly tricky.

1 Answer | Asked in Juvenile Law for Mississippi on
Q: What charge can a minor be charged with for making an insinuation text about someone shooting at school?

The minor (14) was involved in a group text. He sent a message insinuating that his cousin needed to rescue him from school by some method, maybe shooting up the place or something idk. This message was sent to the local sheriff's office by a parent, said minor was questioned where he and the... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2022

There are usually some minor cyber crimes that could be associated with this. Assuming that this is the youth's first time in youth court, the punishment should not be severe (if any is given); however, depending on the context and the prosecutor, you may want to consider hiring a private... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Mississippi on
Q: My 17 year old was in a shoving match, and law enforcement was called. No one was arrested and other party had to leave.

The officer gave my son a lecture after hearing both sides. I as the parent broke up the altercation. The officer said if they come back everyone on the property will be arrested. He told my son you don't want your father arrested or yourself. My main question is since my son is only 17 a... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 27, 2021

As far as the altercation is concerned, the individuals involved would be the ones subject to arrest. When police arrived, anyone who fails to follow lawful commands or acts unruly would also be subject to arrest. If you supply prohibited substances to the minors or allow them to use them while on... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Mississippi on
Q: Can Ms cps stop parents from getting medical updates from hospital on baby? I have been cooperating and very involved

My baby is in NICU. MSCps took custody this week. I have called hospital every single day since she was born to check on her. They have restricted the hospital on giving me, her mother, any info. I have done andor currently everything they have asked. They said bc they havent heard my voice in... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 10, 2021

Yes, you have the right, as her mother, to receive medical information of your child, unless you were using that information in an inappropriate manner. If CPS continues to interfere with this right, you may have to contact the social worker’s supervision or go to court and ask that any such... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Mississippi on
Q: Does the degree of murder have to be specifically stated in a plea bargain petition?

The plea bargain petition offered by the state didn't specify what degree of murder I'd be pleaing guilty to.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 29, 2021

Typically, yes; however, there is some case law that says that as long as the degree of murder is discussed during the plea hearing, then that may end up taking care of any defects in the underlying plea petition.

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Mississippi on
Q: If you have a clean record can you go to jail for possession of firearm
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 5, 2020

No. If you do not have a felony conviction, then you cannot be arrested for possession of a firearm by a convicted felon.

1 Answer | Asked in Juvenile Law for Mississippi on
Q: Can police charge a minor with underage drinking after the fact?

If a minor were to report a crime that happened a party a few weeks prior where alcohol was served, can the police arrest and/or charge that person and any other persons involved with underage drinking?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 2, 2020

Likely not, as the officer was not a witness to the underlying violation; however, if someone were to report it and was an eyewitness, then there may be sufficient information to at least bring charges. Proving it, though, is an entirely different matter.

2 Answers | Asked in Criminal Law, Civil Rights and Juvenile Law for Mississippi on
Q: We live in Mississippi. My 13y.o. son and his 15yo friend broke in a lady's house messed the walls up and stole stuff an

The lady is on vacation. She is pressing charges when she gits back. What will happen to my son. Will they put him in jail. If so how long?

Gary Kollin
Gary Kollin
answered on Jul 4, 2019

Time to lawyer up BEFORE he gets arrested and gets a record which could ruin the rest of his life

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1 Answer | Asked in Juvenile Law for Mississippi on
Q: How long can yhe juvenile courts hold my 12 year old for aggrevated assault?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 22, 2018

Yes, because aggravated assault is considered a violent crime. That being said, I would be curious to know whether the child is in general population or at a juvenile detention center. Your (and his) best bet will be to get with an experienced criminal defense attorney to assist him in the youth... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Juvenile Law for Mississippi on
Q: First I was caught having a pipe, later I was caught having smoked weed, however, none was left. What is my punishment.

First I was found having a pipe and grinder and for this I was let go with a warning. Later I was cought having smoked In a room. However there was no marijuana remaining when I was found. What is the criminal punishment for this. I am also under the age of 18.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 21, 2018

You may just be looking at a misdemeanor; however, regardless, given that it was just a drug-related crime, you should consider reaching out to an attorney, as the attorney may be able to work something out with the prosecutor so that you avoid jail time.

1 Answer | Asked in Criminal Law and Juvenile Law for Mississippi on
Q: Can a l3 yr old be legally placed in an adult jail as they were arrested for an accidental shooting instead of juvi
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 14, 2018

It really depends. Typically, they should be housed in a juvenile detention center until such time as they are adjudicated to be an adult; however, when they are charged with a violent crime, circuit court jurisdiction may automatically kick in, thus allowing them to be placed in general population.

1 Answer | Asked in Juvenile Law for Mississippi on
Q: Can a minor (13) arrested for accidental shooting be put in jail with adults instead of juvenile detention center

This childs pic was not obscured in the paper and his full name and age were given he was bullied harassed and just received horrible treatment

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 14, 2018

It really depends. Typically, they should be housed in a juvenile detention center until such time as they are adjudicated to be an adult; however, when they are charged with a violent crime, circuit court jurisdiction may automatically kick in, thus allowing them to be placed in general population.

1 Answer | Asked in Child Custody, Civil Rights, Election Law and Juvenile Law for Mississippi on
Q: I live in MS. I'm 18. If i move out of MS and buy a house and live in TN, am I a legal adult?
Baskin Lowber Jones
Baskin Lowber Jones
answered on Mar 26, 2018

MS judge's blog on the subject:

https://betterchancery.com/2011/08/22/emancipation-today/

1 Answer | Asked in Child Custody and Juvenile Law for Mississippi on
Q: What do I have to do to get the money to pay for a car using the money I can’t get till I’m 21

The money from my mom when she died my grandad is over the money but no one wants to help me get a car but I can take care of a car I just need one

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 11, 2018

Likely, a guardianship over the monies was established some time back, and the guardian will need to petition the court for funds to purchase your car.

1 Answer | Asked in Family Law and Juvenile Law for Mississippi on
Q: Can i get married and leave at 18

Can i get married at 18 in a different state and move out of my parents house in Ms with out them being able to do anything

Baskin Lowber Jones
Baskin Lowber Jones
answered on Oct 11, 2017

Marriage is one grounds for the Mississippi Emancipation of a Minor.

1 Answer | Asked in Family Law and Juvenile Law for Mississippi on
Q: My boyfriend got arrested and took to the Juvenile Detention Center do i have the right to know what's going on?
Baskin Lowber Jones
Baskin Lowber Jones
answered on Oct 4, 2017

There is a certain amount of information available online for the facilities which should include the charges they have him on and his hearing date.

1 Answer | Asked in Juvenile Law for Mississippi on
Q: My child was stopped for shoplifting, a police report was filed, and she may receive a summons to family court.

She was released to her parents. Is this an "arrest"? Is this a criminal record and does she have to show it on job applications or college form? Should we get an attorney for the family court appearance?

Amanda Lingold Spencer
Amanda Lingold Spencer
answered on Apr 20, 2013

All youth court records and proceedings are sealed in the State of Mississippi. Assuming your child was placed in a juvenile detention center and not an adult detention center, this arrest is not a public record and would therefore not need to be shown on job applications or college applications.... Read more »

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