Lawyers, Answer Questions  & Get Points Log In
Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: Does the sentence for accessory after-the-fact of grand larceny carry a 10 year sentence in Mississippi justice system
Arthur Calderon
Arthur Calderon answered on Jan 14, 2021

It depends largely on the dollar amount for the underlying charge. Assuming that it is high enough, then it very well could carry a 10 year sentence; however, since it is non-violent crime, the person charged may be able to avoid jail time. Regardless, it is in the person's best interest to... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for Mississippi on
Q: Can I be tried for a identity theft misdemeanor that happened 5 years ago
Arthur Calderon
Arthur Calderon answered on Jan 14, 2021

Unfortunately, you can be; however, there is definitely an argument that the case should be dismissed due to lack of a speedy trial. I would highly encourage you to reach out to a criminal defense lawyer to talk about the details of your case, as a motion for dismissal hinges on very particular... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Mississippi on
Q: Can I go to jail if someone is stabbed in self-defense.

HE threatens to do harm to me and my family rushes at me to get to my sister I pull out a knife bring it too face level he sees it and still rushes at me he swings I dip low he impale himself on the knife I push him away raise it back up he sees it again he backs away starts fussing and we take him... Read more »

Joseph Abrams
Joseph Abrams answered on Jan 13, 2021

Self-defense, if established, is an affirmative defense and you would not be guilty of a crime. However, whether or not there was self-defense is fact specific. Based on the facts described in your question, there seems to be an opportunity to try to establish self-defense; however, ultimately, it... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If somebody got a aggravated assault first time what happen
Arthur Calderon
Arthur Calderon answered on Jan 11, 2021

It really depends on the circumstances. Are you talking about if they are picked up on those charges or if they are convicted. Agg assault is considered a violent crime in Mississippi, so if the person is convicted, they could be facing a day-for-day sentence, which means their time in jail would... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can u be convicted if u were completely unaware that a fire arm was stolen.

We had just came in contact with the firearm we were taking it to a dealer to have it checked out and to sell it for owed money from a loan. We ran into a road block.. Neither of us knew it was stolen we were under the impression it was a clean gun. We do not have a criminal record.

Arthur Calderon
Arthur Calderon answered on Jan 11, 2021

It always depends on the circumstances. In this situation, while you were in possession of a stolen firearm, the prosecutors would have to prove that you either knew or had to reason to know that it was stolen before you could be convicted.

1 Answer | Asked in Criminal Law for Mississippi on
Q: In mississippi, does prosecutor have to indict using habitual offender clause for third felony
Arthur Calderon
Arthur Calderon answered on Jan 11, 2021

The short answer is no. Prosecutors have ultimate discretion as to how they present an indictment to a grand jury. That being said, they can go back later and amend an indictment to include an enhancement for habitual offenders.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Mississippi on
Q: Possession charge flowood ms, I notice at the bottom I swear to show up on or before the court date, can I just pay fine

Ahead of time instead of going in front of court?

Arthur Calderon
Arthur Calderon answered on Jan 2, 2021

Maybe. However, I would highly encourage you to reach out to a lawyer to see whether there is a way to keep this off of your record.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is this sentence violent or non violent?

If a person convicted of DUI-death, was released on good behavior, and had a parole violation due to not checking in with po so had a first time revocation and was sentenced to 6 more years. But no new crime was committed, would the new sentence be considered violent or non violent? Trying to... Read more »

Arthur Calderon
Arthur Calderon answered on Dec 28, 2020

Typically, this would be considered violent, since it resulted in a death, which means that the person would likely serve the entire 6 years if it was imposed by the court.

1 Answer | Asked in Criminal Law for Mississippi on
Q: is it best to fess up to Money stole from work. Or better to see what evidence they have and let lawyer work it out

Money has been takin from where i Work and i would like to get ahead of this thing. No Questions have been asked yet.

Arthur Calderon
Arthur Calderon answered on Dec 28, 2020

Never give the prosecution its case if you do not have to. You're thinking about things the right way; however, you need to reach out to a criminal defense lawyer ASAP so that they can guide you through the process and discuss the facts of your case.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Why would my lawyer ask that my trial for possession of a controled substance be moved from city court to circuit court?

I have a possession of a controlled substance charge. My lawyer had it moved from municipal court to circuit Court. I have not been able to speak with him for very long to ask why. Would that mean there would be a jury? It is my first felony charge. I have a few prior misdemeanors

Arthur Calderon
Arthur Calderon answered on Dec 14, 2020

It sounds like your lawyer waived your preliminary hearing so that your case could be bound over to the grand jury. Without more information, it's rather hard to answer this question. As to whether there would be a jury, yes, if it is going to be in the circuit court, that would mean that... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: What is the most a male officer can search on a female??
Arthur Calderon
Arthur Calderon answered on Nov 28, 2020

It really depends on the circumstances, such as whether it was a stop and frisk or the search occurred in a correctional facility, as well as on other factors. Regardless, it is general policy that a female conduct intrusive searches on females.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are there specific papers for expungement petitions?

I have a misdemeanor in Hattiesburg, MS. The courthouse where it is located said that it may be eligible for expungement, but that they do not have the paperwork for the petition. The clerk informed me that I would need to write the petition for expungement myself and bring it to file. Are there... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 7, 2020

Unfortunately, there are very few, if any, expungement forms available online. Regardless, each expungement is different, and will require a thorough review to make sure that it complies with all of the statutory requirements. It is in your best interest to reach out to a criminal lawyer who has... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If you have a clean record can you go to jail for possession of firearm
Arthur Calderon
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 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
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 Criminal Law for Mississippi on
Q: Which city do I file record expungement request?

I have a three year old shoplifting misdemeanor in Mississippi. The charge was supposed to be non-adjudicated following a year, but the charge is still there. To have the record expunged, do I request it through the courthouse in the city where I live or through the courthouse in the city where the... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 5, 2020

You would have to request it through the court where you caught the initial charge and that issued the order for non-adjudication.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is 1.00 Grams of METHAMPHETAMINE considered a felony or a misdameanor in the state of Mississippi?
Kevin Stewart
Kevin Stewart answered on Jun 22, 2020

Meth is a schedule II controlled substance and 1.0 grams would be considered a felony carrying up to 4 years in prison.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Hello

If you got proof about a person stealing and proved it thru. The corporate office .and they acted on it into firing .an employee. And put pictures on Facebook just cause she .said things about this person .

Kevin Stewart
Kevin Stewart answered on Jun 16, 2020

Based upon the information you provided, I am unsure of the question you are asking. Please be more specific when you resubmit.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I’m out on felony bond I go Wednesday to get indicted will I be arrested again?
Arthur Calderon
Arthur Calderon answered on Jun 7, 2020

So long as the bond has to do with the indicted case, you should be good to go. Regardless, you may want to consider getting with a criminal defense lawyer as soon as possible, as it is not unusual for DAs to try and have the court review the bond immediately upon indictment. Feel free to reach out... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How can I request a continuance on my case without a lawyer, due to Covid-19, without having to be in court?

I have court on Tuesday May 26th. The court has already continued the trial twice now due to Covid-19. I have not been able to find council, nor can I afford an attorney with being without a job due to covid-19. So I need to request a continuance for those reasons and also because I don't... Read more »

Arthur Calderon
Arthur Calderon answered on May 22, 2020

Your best is going to be to contact the court and request the continuance, and explain to them the reasons for your request.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: How do I file for a certificate of rehabilitation in MS, through the circuit court?

December 2013 charged with 3rd DUI, May 2015 completed house arrest, october 16 completed probation.

Arthur Calderon
Arthur Calderon answered on May 18, 2020

You would need to file a petition for a certificate of rehabilitation with the circuit court. Be aware, though, that petitioning the court is not a guarantee that the judge will issue a certificate. The court typically considers several factors, such as the nature of the underlying conviction, how... Read more »

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.