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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: How do I get my gun rights back being convicted of two non violent felonies in MS?
Arthur Calderon
Arthur Calderon answered on Oct 13, 2021

Depending on your sentencing order, you may be eligible for either an expungement of your record (even with two felonies) or a certificate of rehabilitation. I would highly encourage you to reach out to an experienced criminal defense lawyer to talk about your convictions, and they can walk you... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How can I pursue this charge on a person in Louisiana?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Sep 27, 2021

If it is a criminal charge, you have the file it in the county in which the crime took place. A warrant can be issued for the defendant, and he/she can be extradited from Louisiana (depending on how severe the charge) and/or if the person returns to Mississippi, he/she can be picked up while in... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Have a girlfriend who is felon. Used my tuck and got charged with gun i had under seat. Can she get out of this enhance

She is habitual offender and state is seeking max penalty for both counts

Arthur Calderon
Arthur Calderon answered on Sep 23, 2021

She most definitely needs to get with an experienced criminal defense lawyer, considering that she is indicted as a habitual. These types of cases hinge entirely on whether the person 1) knew that the gun was nearby, and 2) had control over the gun. I would highly encourage you to reach out to a... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Elder Law for Mississippi on
Q: What type of lawyer specialty would held a client who had a 'Visiting Angles' caregiver steal from them?

Incident occured in Hattisburg, MS.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Sep 17, 2021

Any Mississippi lawyer can help you with this issue; however, if you are alleging that someone stole from you or a family member, the thing to do would be to contact law enforcement to file a complaint with them so that an investigation and arrest can be completed. If you are looking to recoup the... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: In the state of MS who can press charges on an adult in regards to a minor? Ex: mother does have custody Gramaw does

The minor has made accusations on an adult. The mother does have legal custody but Gramaw does. Mother filed charges. Are the acceptable for the case to further?

William R. Wright
William R. Wright answered on Aug 14, 2021

The question is a somewhat confusing. However, anybody of any age can report a crime at anytime regardless of custody designations is the answer I think you are looking for.

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
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 »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can you be criminally charged by a debt collector if your card declines when they try to pull it?

Debt collection agency pulled from my account several times, and then called to tell me that there would be a bench warrant issued against me should the card decline again.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Aug 7, 2021

Not unless you are attempting to use someone else’s card without permission.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I just received a "Probable Cause Citation" on Friday letting me know that “someone” is charging me with, "Impersonating

I just received a "Probable Cause Citation" on Friday letting me know that “someone” is charging me with, "Impersonating Another Person On Internet". I do have a 3-4 clues/suspects of who “I think” is charging me of this, but don’t know for sure.

How do I find... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Aug 7, 2021

I’m not sure what you are referring to as a “probable cause citation.” Go to the court that is handling the citation (probably justice or municipal court) and ask to see the file so that you can make copies. The affidavit will be in the file.

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Mississippi on
Q: My wife and I are split up. She got in a fight with a girl and the next morning she files a police report saying I hit h

Her and put a restraining order on me. And while I was at work her and the police came to my mom's and forced her to give her my kids. Now she won't let me see my kids. What do I do.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Aug 1, 2021

You should have a hearing on the restraining order, and if you can prove that you did not assault her, the order will be lifted. Other than that, I would file for divorce immediately, ask for a temporary hearing, and fight for custody of your children.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have been told by two different lawyers, today, that hindering prosecution is a felony in Mississippi,

and is not eligible for expungement. This clearly says it's a misdemeanor. I'm very confused. Can you tell me which it is?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 29, 2021

Hindering prosecution is a felony in Mississippi; however, it is not one of the listed felonies ineligible for expunction once certain elements have been met. You must have paid all fines, assessments, and restitution ordered. You must have served all of the time ordered. Five years must have... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Talking to a juror after my trial

If I was found not guilty in a trial can I contact a member of my jury to ask questions about how they came to not quilty?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 27, 2021

Why would you want to do that? It is sometimes better to leave well enough alone. It can be viewed as harassment or an attempt to intimidate.

1 Answer | Asked in Traffic Tickets and Criminal Law for Mississippi on
Q: pulled over in mississippi all police found was a used syringe and wrote ticket for paraphernalia wat can i do about it
Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

As much as I hate to give a lawyer answer, the short answer is that it depends. Perhaps most importantly is that it depends on what you told the officer, as well as why there was a syringe in there to begin with. If you or someone you know requires the syringe, and it was simply left in there, then... 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
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 Criminal Law for Mississippi on
Q: Using forensic interviews in a trial

What if I was waiting trial and have trials in 2 different counties for the same charges of lustful touching, the police used the forensic interviews to determine what, where and how many times I would be charged for. I've had my trial in 1 County that was 1 charge but judge allowed the other... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 14, 2021

If the other witnesses have given testimony regarding their individual allegations and the versions are inconsistent, your lawyer can use the different statements to impeach the witness to show that they are lying or are telling different stories as to what happened.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Using witnesses from another trial in another county.

Ok say you have 1 charge of lustful touching in one county set for trial and 3 counts for 2 different people making same iallegations and 1 is in both counties. Would the 2 from the other county be allowed to be witness saying what their allegations are in the county where there is just 1 count?... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 14, 2021

The answer to your question is maybe. It depends on whether or not your attorney objects to the witnesses and whether or not you are talking about uncharged conduct, charges that have not gone to trial yet, or charges for which you have been previously convicted. The ultimate decision is for the... Read more »

2 Answers | Asked in Criminal Law for Mississippi on
Q: If im found not guilty of lustful touching what are the steps to getting my record expunged and how fast can that happen
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 12, 2021

A conviction cannot be expunged until five years after the completion of any sentence, probation, and fines.

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1 Answer | Asked in Criminal Law for Mississippi on
Q: Suing for false allegations if you have been found not quilty in 1 County but have charges in another awaiting trial

Suing for false allegations if you have been found not quilty of lustful touching in 1 County but have trial for same allegations with same people for same thing in another County. Can you sue even tho you haven't had trial yet in the other?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 12, 2021

The second charge in the second county would be due to an act that took place in that county. If there are allegations of crimes committed in different counties, each county can bring charges against you, even involving the same crime and same victim. An acquittal in one county does not... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: charged in 2 different counties for lustful touching and found not guilty in one county

If im charged in 2 different counties for lustful touching same thing just different places and jury finds me not guilty in one county how does it work in my trial of the other county. I don't understand how that works. Isn't that double jeopardy?

Arthur Calderon
Arthur Calderon answered on Jul 11, 2021

Perhaps, but the facts and charges would have to be for the same incident. There are a lot of subtleties when you start talking about double jeopardy. Your best bet is going to be to get with an experienced criminal defense lawyer and show them all of the paperwork/charges from both counties so... Read more »

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