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Mississippi Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: In Mississippi. how long does the state have to indict on felony Fleeing? I was arrested Dec 2020. 50k bond. No hearing
Arthur Calderon
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Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: If a building has been condemned for 20 years can yoube charged with burglary of a commercial building or is there some

Kinda like abando laws that could help me with this

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Generally, if the property is abandoned, it could still be considered burglary of a building if there was a breaking and entering with the intent to commit a crime within the building. That being said, depending on the circumstances, the charge could potentially be downgraded to a lower charge,... View More

1 Answer | Asked in Domestic Violence for Mississippi on
Q: My partner and I got into an argument that escalated into me involving the cops. My girlfriend was charged with domestic

Domestic assault with bodily injury. I only had a scratch under my eye. We have remained together. Her ex husband is trying to take their child and the child was in no way involved. Charges happened in TN and I signed an affidavit to try and get them to drop charges since the cops pressed charges... View More

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Your best bet is going to be to contact an experienced criminal defense lawyer in Texas, since these charges stemmed from conduct that happened there.

1 Answer | Asked in Criminal Law and Civil Rights for Mississippi on
Q: Not giving my i.d. is that disorderly conduct if I'm sitting in my car in a parking lot?

He came up pulled me out my car as he was telling me why he was there I had found my wallet when he grabbed me it ended up on the ground

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Typically, for it to be considered disorderly conduct, you have to be acting in such a way that it may disturb the peace of those around you.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Truck in my yard.Driver gets out choked and threw me on the ground,lies about why and arrested me.

Now I've been indicted and court is next month. There's two eye witnesses who stood by watching while this happened. The cop never identified himself as police.

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Since you've been indicted, the first thing that you need to do is get an experienced criminal defense lawyer, as simple assault on LEO cases are very tricky to navigate, and get more complicated as time goes by. There also needs to be an investigation as to excessive force, since that could... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: How can you get bound over for criminal charges for something thats not even a law?

County DA even lied to GJ by telling them im a 2 time felon, which is completely not true. I have always been a citizen

Arthur Calderon
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Arthur Calderon
answered on Sep 16, 2022

Sadly, this is something that happens quite often. The best way to handle something like this is to make sure that the lawyer reviews your entire history and the discovery and file a motion to dismiss or otherwise challenge the DA's representations to the grand jury.

1 Answer | Asked in Car Accidents and Workers' Compensation for Mississippi on
Q: Can I get paid for lost wages if I was not injured in an accident it was my work truck it was insured as a work truck

The lady of course said that she had a green light but there is a witness states that we both had a green light and she ran a red light Causing the accident

Arthur Calderon
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Arthur Calderon
answered on Sep 16, 2022

The short is answer is yes. Assuming that you were injured while working, you should be entitled to workers' compensation, unless your employer fits within one of the exceptions. Regardless, from the looks of it, you have a combination workers' compensation claim and a personal injury... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Mississippi on
Q: If my indictment is not marked "filed", nor signed or dated by the clerk, can the judge still convict me?

Ashwell v. State, 226 So.3d 69 (Miss.2017) made it clear that if my indictment is not filed then the judge don't have jurisdiction nor the authority to accept my guilty plea because the court failed to charge me with a crime. Why did the Miss. Supreme Court deny my writ of certiorari after... View More

Arthur Calderon
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Arthur Calderon
answered on Sep 6, 2022

It really depends on the circumstances. Even though your indictment may not be marked as filed, the test to determine whether the court has jurisdiction is to see if there was ever an indictment legitimately filed in the circuit court.

1 Answer | Asked in Car Accidents for Mississippi on
Q: In Mississippi can you dispute a at fault claim if no witnesses

I was involved in an auto accident that involved a parked lightweight commercial lawn mowing service vehicle in the state of Mississippi on a residential Rd They had no insurance however I was considered at fault. I was the only witness. THey claim i hit the vehicle from behind, when i got out of... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 5, 2022

You should consider speaking with an experienced personal injury lawyer about this matter. Just because you hit the vehicle from behind, does not necessarily mean that you are at fault. For example, if you turned a corner during the night (or even day) and the commercial vehicle was parked in a... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Mississippi on
Q: How valid is a trustee's deed from the executor of an estate trust? Shouldn't it be a warranty deed instead?

Both of my parents died last year. They maintained an estate trust. There are four children listed with my sister being designated as the executor. Recently she distributed the first disbursement in which she wrote herself and my two brothers checks for $150,000. She gave me property in the... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2022

You do not have a right to any type of certain deed conveyance. You can make a motion in the Probate Case, or an action against the Trustee, for a better distribution of Trust Assets, but you will probably lose. Hire a MS attorney to advise you of what to do, but I think you will find that her... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for Mississippi on
Q: Is this a bribe?: "if you state that you do not object to offender getting probation I will offer $200,000 restitution".

Drunk driver hit my vehicle

-killed my 4 year old son from fractured neck

-my 6 year olds spine snapped, and had internal bleeding from 3 organs

-i broke my right shoulder & suffered bilateral artery damage in my neck so high risk for blood clots in my brain... View More

Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2022

This is a tricky one, because it sounds as though it may come dangerously close to being one, not to mention there is a question as to whether the defendant's "offer" could be discharged via bankruptcy or some other means. That being said, I'd be curious to know whether there... View More

1 Answer | Asked in Civil Rights and Criminal Law for Mississippi on
Q: Hi , I was wondering do the state of Mississippi issued warrant for your arrest for trespassing with out proof!!
Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2022

The short answer is yes, it does happen. It is incredibly easy for someone to go press charges on someone, even without concrete proof of a crime. The real question is whether there is anything to support a finding of guilt. If it is just one person's word against another's, then you... View More

1 Answer | Asked in Civil Rights for Mississippi on
Q: Can someone press charges on you for trespassing with no proof and have a warrant for your arrest in byhalia, ms
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 27, 2022

The short answer is yes, it does happen. It is incredibly easy for someone to go press charges on someone, even without concrete proof of a crime. The real question is whether there is anything to support a finding of guilt. If it is just one person's word against another's, then you... View More

1 Answer | Asked in Domestic Violence for Mississippi on
Q: I was charged with domestic violence and aggravated assault. My husband isn’t pressing any charges. The state picked it

Up. I’ve appeared in court three times and still have not went before a judge. What’s going to happen next

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 25, 2022

It really depends. I'd be curious to know what they are having you go to court for. If it's for a preliminary hearing, then it needs to be done because your husband could testify as to what happened and express his wish to not proceed. Regardless, depending on how long it has been since... View More

1 Answer | Asked in Child Custody for Mississippi on
Q: How do u swap from joint custody too full custody?

My friend has join custody with her ex who lives in AL she is married and in MS now the child is 4 and was enrolled in school in MS but his parents and him have not returned her home after there week with her what can my friend do cause her daughter is missing school here in MS and they are keeping... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 21, 2022

Your friend should consult with an attorney as soon as possible about taking steps to have the child returned to her. Once the agreement is given full faith and credit in Mississippi, it can be enforced and modified here.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My ex is trying to stop me from seeing our 5 year old daughter an has her around her new boyfriend,what do I need to do

I've been paying child support since she was born an I'm on the birth certificate,an she is making my daughter think that I don't won't to come see her but she won't let me,she took off with her an left her home an had her around her new boyfriend the next day,an I... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 21, 2022

You need to hire an attorney and file a paternity action, asking for your rights as a father, including visitation rights. Do not go through DHS because they cannot handle the visitation issue.

1 Answer | Asked in Animal / Dog Law and Small Claims for Mississippi on
Q: Can someone take your service dog? Even if it is granted by a judge? We have proof that the dog is emotional support dog

A ex gave me a dog for a gift and I had the dog for a service dog/emotional support dog, he came back 8 months later wanting the dog back, then took me to court and the judge granted him the dog. The judge and his dad is best friends. I have all the vet bills and etc, it’s micro chipped under my... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 20, 2022

You can appeal the decision to the next level. If the original trial was in city court or justice court, you will be granted a new trial at the next level with a new judge.

1 Answer | Asked in Car Accidents for Mississippi on
Q: I got into an accident and wanted to know if the wrecker service could keep me from my belongings if I owe them a bill?

The Belongings are inside the car. The bill is 700 and I have important paperwork in the car and work equipment and they won't let me get it out until the bill is paid. Is this legal in Mississippi?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 21, 2022

While they can technically keep you from getting the vehicle itself, they should still allow you to gain access to the vehicle so that you can get your belongings. Of course, if there is a pending bill, assuming that you have an attorney, either your insurance company or the other party's... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: I own an undivided 1/4 interest in a limited partnership. No one likes my division of the property. Who can divide it?

All property is land consisting of pine and hardwood timber. There are 4 partners and I am one of them. There is 2,800 acres total.

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2022

As a Partner you should be able to either sue for a Partition Sale or Division In Kind, or dissolve the Partnership. The Partnership Agreement may define your rights in assets, so read it. Hire a competent MS attorney to either sell the timber, the property or dissolve the Partnership.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: My husband was pulled over refused a search so they took him to jail so they could search its been way over yr

Just now indited

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 14, 2022

Sounds to me like your husband is definitely going to need to speak with a lawyer about the facts and circumstances surrounding his charges, as well as the search.

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