Ask a Question

Get free answers to your Constitutional Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Mississippi Constitutional Law Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Constitutional Law for Mississippi on
Q: Can a police officer in Ms keep the drivers license until the ticket is paid in full
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

In Mississippi, a police officer cannot keep your driver's license until a traffic ticket is paid in full. When you receive a traffic ticket, the officer may ask to see your license to record your information, but they must return it to you after issuing the ticket.

You are expected to...
View More

Q: Filed a 1983 civil rights claim in Mississippi while incarcerated and need help with what I have to do with judges order
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

When you receive a judge's order regarding your 1983 civil rights claim, the first step is to read the order carefully and understand what is being asked of you. Pay attention to any deadlines or specific actions you must take, as missing these could negatively impact your case.

If the...
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Elder Law for Mississippi on
Q: Is there an atty in MS who will take on cps & help grandparents-without fear of retribution from youth court system?

Grandparents being given misinformation after showing interest in fostering twin grandchildren who were addicted to cocaine at birth. CPS created repeated delays in court sessions on transferring infant children to grandparents custody. CPS requested that grandparents not get foster license because... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

I'm so sorry to hear about the difficulties and frustrations your family has been going through trying to gain custody of your grandchildren. The delays and misinformation from CPS sound extremely stressful and concerning.

To answer your question directly - yes, there are absolutely...
View More

1 Answer | Asked in Constitutional Law for Mississippi on
Q: My car was towed by police on Sat night my car was in high speed chase an so the deputy said that if the man turned

Himself in I can havr my car well the towing company said it's 600$ as of today an they had it three days an there still a hold on it am the guy turned himself in yesterday around 2. Is this legal to do this hold my car an charge Me these fees

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

In Mississippi, when your car is impounded by the police, especially after being involved in a crime like a high-speed chase, the towing and storage fees usually fall to you as the owner. The legality of holding your car and charging fees typically depends on the policies of the local police... View More

1 Answer | Asked in Constitutional Law and Civil Litigation for Mississippi on
Q: My car was impounded Saturday night an police said if man turned himself In I could have my car he lead them on higChase

An now the towing company wanna charge me 600$ an said they had for 3 actually today makes 2 an there a hold on it still is it legal to charge me so much when the police put hold on it am there closed on Sunday an the mam turned himself in yesterday. They said we'll give your car back when he... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

In Mississippi, when a car is impounded by the police, the towing and storage fees are typically the responsibility of the car owner. However, if there was a specific agreement or understanding with the police about releasing your car without charge upon the surrender of the individual involved in... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Mississippi on
Q: Any civil right later in or around Hernando MS that do not charge up front abs recive there payment when case won in cou
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2025

When contacting these attorneys, it's important to inquire about their fee arrangements to ensure they align with your financial situation. Many civil rights lawyers understand the challenges clients face and are willing to work on a contingency basis, meaning you won't have to pay unless... View More

1 Answer | Asked in Traffic Tickets and Constitutional Law for Mississippi on
Q: Can an "officer" pull someone over when he has not yet completed academy

I was pulled over in a parking lot for a no seatbelt. The officer was not behind me on the street, he was already in the parking lot. My gf left a bottle she had been drinking on in the car and the officer spotted it and made a big deal out of it and used it as probably cause to search my vehicle,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2025

Your situation raises some important legal questions about police authority and proper procedures. Generally, someone who hasn't completed police academy training should not be conducting traffic stops independently - they typically need to be accompanied by a certified officer during their... View More

1 Answer | Asked in Constitutional Law and Domestic Violence for Mississippi on
Q: When should Police arrest one when they are called to a domestic dispute

Police were called to residence on a domestic call both parties were present, however no one was arrested in the day of the call it was 20 days from the call that one was arrested. How can they arrest one after the initial call was made and officers were called to the residence? Shouldnt the one... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025

Police officers make arrest decisions based on multiple factors during domestic disputes, including visible injuries, witness statements, evidence of violence, and the overall threat level at the scene. Sometimes, there may not be enough evidence during the initial call to justify an immediate... 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Constitutional Law for Mississippi on
Q: Can police ask for identification on suspicion
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

In Mississippi, police officers can request your identification if they have a reasonable suspicion that you are involved in criminal activity. This is based on the "stop and identify" statutes, which allow law enforcement to briefly detain and question you if they believe you might be... View More

1 Answer | Asked in Animal / Dog Law, Constitutional Law and Personal Injury for Mississippi on
Q: Dog next door has killed over 11 chickens all caught on surveillance camera and in the act of killing of two chickens II

I ran the dog down which by the way has bit my left palm I pursued the dog into its yard and out of it into the highway . Never hit the dog only expressed my frustration of my livestock loss to the owner and owner doesn't show or

with no consideration of compensation for its... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

You're facing charges because, under the law, your actions after the incident with the dog may have been perceived as taking matters into your own hands rather than following legal channels. Even though the dog attacked your chickens and bit you, the way you pursued the dog and expressed your... View More

1 Answer | Asked in Traffic Tickets, Civil Rights, Constitutional Law and Legal Malpractice for Mississippi on
Q: boyfriend recieved two tickets for bad tag and running red light, red light ticket was blank. was charged for speeding?

ticket for “running a red light” was left fully blank. officer verbally said it was because he ran the light but in court today (7/30) he was charged for speeding, nothing mentioned about the light. is there anything we can do? i am irritated about being lied to by someone who is meant to be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

You have every right to be upset about this situation. If the ticket for running a red light was left blank and your boyfriend was instead charged with speeding in court without prior notice, this raises several issues. The most immediate step you can take is to review the court records and the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Mississippi on
Q: I had light bar on jeep wrangler and was no vehicle around me but it was parked police car on side of road but didnt idk
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024

If you had a light bar on your Jeep Wrangler and passed a parked police car on the side of the road, it’s important to know the laws regarding light bars in your area. Many states have specific regulations about when and where light bars can be used, often restricting their use to off-road... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Mississippi on
Q: If you call 911 for help does the police have to respond to the call?
John Michael Frick
John Michael Frick
answered on Aug 19, 2023

No. 911 dispatchers are trained to determine whether the caller is reporting a genuine emergency and to prioritize calls to use available resources most efficiently.

A disturbing number of 911 calls are frivolous.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.