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Mississippi Appeals / Appellate Law Questions & Answers
Q: If the officer pulled me over without reason & violated multiple rules n conduction of stop , would he even file charges

Have there been certain circumstances where a ticket or affidavit isn’t filed because the officer knew he did multiple things wrong

Arthur Calderon
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Arthur Calderon
answered on Jul 24, 2022

It really depends on the circumstances. Lots of officers will still file charges regardless of their own conduct; however, if an officer has said that they are pressing charges, then the best thing to do would be to follow up with the local court periodically to see if they did.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Can a person be sentenced as an Habitual Offender pur. Miss. Code Ann. Sec 99-19-83 without evidence at hearing

During the sentencing hearing the State failed to submit any competent evidence that defendant qualified under M.C.A. section 99-19-83

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

Usually, the state has to put forth evidence of the prior convictions in order for the 83 enhancement to apply; however, they can get around that if the defense stipulated to the prior convictions.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Does Mississippi law deprive the circuit court of jurisdiction when the multi-count indictment fails to charge a crime?

The multi-count indictment failed to charge an essential element of armed robbery. But through jury instructions the elements was submitted via constructive amendment.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 19, 2022

That's a big one. If the indictment failed to charge an essential element, then that should mean that the indictment was fatally defective, and therefore subject to dismissal. If there is a substantive amendment, then that would mean that it would be required to go before a grand jury, rather... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Is it possible under Mississippi Law for a single defendant to be convicted of conspiracy?

Three Defendant’s was charged with conspiracy to committ armed robbery and aggravated assault via multi-count indictment but only one defendant was convicted of conspiracy

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 19, 2022

Mississippi does recognize what is called a unilateral conspiracy; however, the prosecution has to be very particular about what they allege and how the facts lead to a conspiracy. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Mississippi on
Q: What is a bench trial?

Judge Trial

Arthur Calderon
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Arthur Calderon
answered on May 1, 2022

I bench trial occurs when a party waives their right to a jury trial, and allows a particular matter to proceed to trial with just the judge, meaning that the judge makes all decisions regarding the law AND concerning facts.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Mississippi on
Q: If I withdraw guilty plea in court, and public defender and prosecution tells me the judge will suspend time but doesn't

I withdrew my guilty plea and prepared to walk out of court, the public defender and prosecution team came to me and told me the judge would suspend time from my sentence which the public defender previously stated, but when I finished the plea the judge didn't suspend time, am I entitled to... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2022

This is something that happens quite a good bit. Unfortunately, even though the prosecution and the defender may agree to a particular recommendation, the judge is not required to accept that recommendation. Usually, during the plea hearing, the judge will ask a series of questions to make sure... Read more »

2 Answers | Asked in Appeals / Appellate Law for Mississippi on
Q: How to file a appeal
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 28, 2022

You must file a Notice of Appeal in the trial court no later than 30 days from the entry of the final order or judgment. There is a filing fee for filing the Notice. In the Notice, you must indicate the party who is appealing (appellant) and the party against whom the appeal is taken (appellee).... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Mississippi on
Q: My husband was sentenced to life without parole for murder. His rights were violated, what can we do?

He was sentenced to life without parole in Mississippi. 4 of his first amendment rights were violated and evidence came up missing during trial. What steps should we take to get his sentence reduced?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 21, 2021

There is very little in terms of getting his sentenced reduced if he was found guilty for murder. Given what you have said, it may be worth it to look into a motion for post conviction relief, assuming that his lawyer has exhausted all appeals.

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for Mississippi on
Q: I'm from Louisiana and received 4 tickets in Mississippi last month. 2 tickets in LA aren't valid but in MS it is.

I have never received a ticket before, so drivers record is clean. I'm from Louisiana and received these tickets in Mississippi. But 2 tickets are not valid in my state of LA but is in MS. Understandable. But one of those tickets was no insurance, which I have but just didn't have the... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 15, 2021

It sounds like you have 4 paper violations----if you can cure the paper violations and provide proof that you have them taken care of, then the prosecution is likely to provide you with an offer to resolve the matter, maybe even dropping them completely. The safer way to do this is to hire a MS... Read more »

Q: Can I be put on 6 months misdemeanor probation with $600 fine for poss of marijuana when it was less than a gram (.2g)

I was a passenger in a car. We were initially stopped by 2 city officers for the window tint. We're were immediately pulled out of the vehicle and searched. I had to tiny pieces of weed in my pocket. Not even a gram .2 grams to be exact. I plead not guilty. The judge set me a court date. Once... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 10, 2021

They can if you ended up pleaded guilty or were found guilty by the court. The good news, though, is that at the of this the 6 months, your record will be expunged and it will not even show up on your record. The bad news is that you only get one bite at the apple when it comes to getting... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Mississippi on
Q: Can a witness write a statement an go to court an give t totally different statement
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 16, 2021

Yes, they can, and it happens quite a lot more often that people realize. Usually, whenever a witness does something like that, they are putting their credibility at risk.

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1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: Can the Supreme Court deny an application for leave to proceed in the trial court without a show of cause or authority .

I received a letter stating issues have no merit not identify what issues or what was the judges decision.

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jun 16, 2021

The short answer to your question is YES. The (Mississippi) Supreme Court or the US Supreme Court can deny a request for relief with just a short order saying that. The US Supreme Court denies petitions for a writ of certiorari just that way. No explanation.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Mississippi on
Q: My brother just got sentenced, how do I go about filing an appeal? Or what do we need to do?

Would we be able to hire a lawyer to do an appeal on his case?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 5, 2021

Your brother will have 30 days to file a Notice of Appeal. Although your brother has the right to file an appeal on his own, it is advisable to hire an attorney to assist him with this so that he does not miss deadlines and/ or other rules that are in place for appeals.

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: Is it possible to obtain a Certificate of Rehabilitation without a lawyer.

I live in MS, I want to restore my gun rights. My felony was for DUI in 2013. I'm just curious if it is possible to do this without representation.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 29, 2021

You can certainly do this without a lawyer. You may want to consider hiring a lawyer to simply draft the necessary documents for you, which could bring down the costs significantly.

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: How long does he have to file a notice of Appeal?
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Sep 15, 2020

First of all, I am not a Mississippi lawyer. That being said, your question has a simple and yet nuanced answer. You didn't describe "he" and you didn't describe what court--State or Federal. However, the simple answer is, usually, 30 calendar days from the final judgment. (That... Read more »

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: Need assistance on appealing a case dealing with Termination
Tim Akpinar
Tim Akpinar
answered on Aug 27, 2019

You need to contact an employment law attorney. You could add Employment Law to the Appeals/Appellate you already selected, or contact attorneys directly, either through this site (Find a Lawyer) or through your independent searches. Good luck

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law and Public Benefits for Mississippi on
Q: How do I appeal a court case?

The judge did not even let me explain my side of the story. He automatically sided with the plaintiff without going over any evidence that I brought to court to present to him. I feel like I was discriminated against, but I have no idea why.

Tim Akpinar
Tim Akpinar
answered on May 27, 2019

A starting point could be to contact an attorney in Mississippi for a brief consultation to review the decision and the grounds for appeal. As a general matter, keep in mind that the period in which to file appeals is generally short (in the order of days with many matters). Also keep in mind that... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Gov & Administrative Law for Mississippi on
Q: My brother is locked up in Mississippi for burglary under the 3 strikes rule. Is there anyway to appeal? He's done 18yrs

He was on drugs when the burglaries occurred. How could a man get life in prison for burglary? I need to get my brother out!

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2018

You will need to consult an attorney. If I am understanding your question correctly, your brother was indicted and sentenced under a particular Mississippi statute, and is what is called an 83-habitual offender, meaning that he has particular felonies in his background which, when combined with his... Read more »

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: appeal

My issue is that I borrowed $1,000 from a loan place and it was a 90 day no interest. I was a few days late on the payment and they said that I had defaulted on the loan. So I just continued the monthly payments. I ended up in the hospital having a baby and was unable to make the payment because I... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 19, 2018

It really depends on the circumstances. Judge's are given a certain level of discretion when issuing judgments, particularly when it comes to collection or breach of contract claims.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Mississippi on
Q: My Son is incarcerated under a name and social security number not belonging to him. Is the conviction legal?

My son was convicted and sentenced to life in prison under a name and social security number not belonging to him

Baskin Lowber Jones
Baskin Lowber Jones
answered on Mar 13, 2018

It depends. It may be worthwhile to have a local attorney review the case. Often local attorneys offer a free consultation.

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