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Mississippi Constitutional Law Questions & Answers
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
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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...
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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
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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...
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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
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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
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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: 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.

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
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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.

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
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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... View 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
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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... View 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 Constitutional Law, Criminal Law and Personal Injury for Mississippi on
Q: If police takes two years to turn case over to da office . Can I sue for not investigating.

I had a person walk in my yard point gun at me and said you know what I am here for . Then beat me with gun . Police came and two years later still had not helped me.

Andrew Charles Burrell
Andrew Charles Burrell
answered on Apr 5, 2022

Under MS law, you would have only 1 year to sue a police department. However, they do not have a time line in which to complete an investigation as toward charging the person with a crime. Your injury claim may be barred against your neighbor as well as it is going to be defined as a intentional... View More

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... View More

Arthur Calderon
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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... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: Lawyer promised judge would suspend time in open plea and the prosecution team did as well, but the judge did not.

I plead guilty but had a change of heart and withdrew the plea, I was about to walk out of court and the prosecution team and public defender came to me saying the judge would suspend time, but when I went back to plea he gave the maximum time offered from prosecution.

Arthur Calderon
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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... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: Can a judge instruct prosecution to use a withdrawn guilty plea against me in court if I wish to continue to trial?

Judge instructed prosecution to use my plea against me if I wished to go to trial shortly after I withdrew the plea. As I was about to walk out of court, my public defender and the prosecution team told me I should go forward with the plea, and the judge would suspend time off my sentence when... View More

Arthur Calderon
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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... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: If police, do not follow the attorney general guidelines for the use of confidential informants what happen to case

Will informant and Case be inadmissible?

Arthur Calderon
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Arthur Calderon
answered on Mar 19, 2022

It does not necessarily mean that the use of the informant or anything from the informant would be considered inadmissible; however, it does open the door for certain arguments to be made, especially to undermine the informant's credibility.

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: If the court does not allow me to challenge the grand jury In Mississippi doesn't that infringe on constitutional right.
Richard W. Noel
Richard W. Noel
answered on Mar 13, 2022

No. There's no constitutional right to challenging a grand jury. Your constitutional right is a finding of probable cause before charges against you can proceed. That's the job of the grand jury. There may be a mechanism in your jurisdiction to challenge. In mine, it is very difficult and... View More

1 Answer | Asked in Traffic Tickets and Constitutional Law for Mississippi on
Q: Driving as a RIGHT not a privilege. Requirement of licensing. Below is copied from the case text off Justia's website.

PEOPLE vs. HORTON

Crim. No. 747. Court of Appeals of California, Fifth Appellate District. January 29, 1971.]

THE PEOPLE, Plaintiff and Respondent, v. KENNETH DON HORTON, Defendant and Appellant.

Nonetheless, the RIGHT of the citizen to drive on a public street with freedom... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 30, 2021

What is your question? The excerpt does not mean that the ability to drive is a right. This part of the holding is referring to an individual’s right to operate a motor vehicle free from interference from law enforcement absent a good faith belief, or observation, of criminal conduct on the part... View More

1 Answer | Asked in Constitutional Law for Mississippi on
Q: Can you be denied a continuance if your trying to hire another attorney to represent you in trial
Arthur Calderon
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Arthur Calderon
answered on Jul 21, 2021

Yes, depending on the circumstances. Oftentimes, judges will allow a continuance so that you can try to secure private counsel; however, they will also typically give you a deadline to hire a lawyer, otherwise you will have to move forward with a public defender or without representation.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: A search warrant was served at my friend's home where I rent a room from them. Can they search my things in my room

I have a lock on the door I was asleep with the door shut. They came in I was naked they uncovered me twice knowing I had no weapons and no clothes on

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 5, 2021

Provided that the warrant was a valid warrant, then law enforcement would be able to search that room with very little exception. That being said, the warrant validity could be challenged, especially if they presented false or misleading information to secure the warrant.

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