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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: How do I find out when my court date is

And if I've been arrested because bond was revoked what can I do to become bondable

Gary Kollin
Gary Kollin answered on Nov 9, 2019

Without knowing all the facts, it is impossible to answer. Call the clerk's office for the date

1 Answer | Asked in Criminal Law for Mississippi on
Q: I got charged with trespassing 97-17-97. It’s my first offense, so what are the possibilities of me serving jail time.

I am located in MS.

Arthur Calderon
Arthur Calderon answered on Nov 3, 2019

While the possibility of you serving jail time is low, the big question you have to ask yourself is whether you are willing to take that gamble if you proceed by yourself. You have a much greater likelihood at success with a lawyer, and even if found guilty, you savvy criminal defense lawyer can... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If my case is in youth court does the city supposed to drop the charges
Marshall J Goff
Marshall J Goff answered on Oct 29, 2019

Youth court is separate from circuit court and special rules concern charges that are bound from circuit court to youth court. Without more facts, this is a difficult question to answer. I recommend you contact a Mississippi criminal defense attorney to discuss this further. I would be happy to... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: 97 - 35- 9 MS state statute Is there any jail or prison time

A 24 hour hold was placed on the individual and a $5000 bond posted. A court date is scheduled for Dec 11th. Would it be a fine or jail time?

Marshall J Goff
Marshall J Goff answered on Oct 29, 2019

First, you should consult a criminal defense lawyer concerning this charge. As to your question about whether a conviction would result in a fine or jail time, the statute in question states, "the fine not to exceed one hundred dollars, and the imprisonment not to exceed six months in the county... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Has the laws in Ms changed or been amended for habitual offenders with enhancements as in Bill 518?

From what I have heard Bill 518 is an amendment for habitual offenders with enhancements in Ms.

Marshall J Goff
Marshall J Goff answered on Oct 29, 2019

The laws in Mississippi surrounding habitual offenders are complex and require expertise in the practice area of criminal law to be able to answer this question.

Specific to your question, House Bill 518 was titled the "Mississippi Access to Health Care and Patient Choice Act" and it does...
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1 Answer | Asked in Criminal Law for Mississippi on
Q: What can you do if someone falsely accuses you of impersonating a police officer ?
Gary Kollin
Gary Kollin answered on Oct 15, 2019

Accyuse to whom? Were you arrested? Then fight the case in court.

If just a blowhard, ignore it

remember sticks and stones....

3 Answers | Asked in Criminal Law and Immigration Law for Mississippi on
Q: My brother in law is in Mississippi federal prison since 2017. His sentence is for 5 year. He's a legal resident.

His native country is Dominican Republic. His case was drug involved. Will he be deported after his sentence?

Gary Kollin
Gary Kollin answered on Oct 15, 2019

yes

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1 Answer | Asked in Criminal Law for Mississippi on
Q: I have two cases that will get my case overturned but my lawyer convinced me to plead guilty how can i take plea back

I took plea back in February i know these two cases will dismiss the main case against me i need some very creative but effective ineffective counsel arguments otherwise im stuck with 40 years when could be walking out the door today

Gary Kollin
Gary Kollin answered on Sep 26, 2019

Based on such little information, no attorney can answer.

You are facing 40 years. Then retain counsel.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Gov & Administrative Law for Mississippi on
Q: Can a teacher physically restain a student, by forcefully grabbing the student's upper arm (causing bruising)?
William Jaksa
William Jaksa answered on Sep 25, 2019

The not-straight-forward answer is that they shouldn't ever... BUT there are circumstances when a teacher or any other adult may be justified in physically restraining a student. A teacher is responsible for the welfare of all the student in their charge. If they used force to prevent an assault or... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Convicted felon caught with fire arm....
Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

You may need to reach out to a criminal defense lawyer to discuss this matter further... Looking at what you wrote, it is a little vague as to what you would like to know.

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: Mississippi laws if someone gave me a stolen gun for self defense after I was beaten but I didn't know it was stolen

And the guy who gave it to me for protection apparently never used his real name with me so I cannot be much help with catching him what kind of time am I most likely facing? Or what can I do to help my case?

Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

The biggest thing you need to do is get with a lawyer ASAP. There are lots of details that go into mounting a defense in situations like this. I can imagine that you were either arrested or indicted as being in possession of stolen property or of a stolen firearm; however, there are many defenses... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: A guy jumped on my car and I slung him off of it with the car. He filed aggravated assault.

I had the girl that is pregnant with his baby in my vehicle. He was waiting when I pulled into drop her off at her vehicle. I stopped halway into the parking spot when I saw him. He starting walking towards my vehicle and yelled something I packed up and tried to get out of there. He jumped on my... Read more »

Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

You need to get with a criminal defense lawyer ASAP. I'd be curious to know if you've been arrested yet. From the looks of it, you have a viable defense, considering that he was the one that initiated the contact.

1 Answer | Asked in Criminal Law and Collections for Mississippi on
Q: Is pleading guilty a conviction in the state of Mississippi?

I was arrested for resisting the service of process. I plead guilty and paid a 500 dollars fine plus court cost.

Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

Pleading guilty is the same as taking it to trial and being found guilty. That being said, the conviction itself is what you were sentenced to (jail time, fines, etc.).

1 Answer | Asked in Criminal Law for Mississippi on
Q: Well on the paper it says simple assault w/o
Arthur Calderon
Arthur Calderon answered on Sep 14, 2019

You may need to clarify your question, as it cut off about half-way through you typing.

1 Answer | Asked in Car Accidents and Criminal Law for Mississippi on
Q: My 11 year old stole my new car that wasn’t insured while I was sleeping resulting in a head on collision.

I know financially I am liable but as far as punishment what is the standard. They so far have issued

her two traffic tickets. No license and no insurance which are both in adult court because there is no traffic violations for youth so what do you think will happen

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

she has a defense as an 11 year old can't form intent (they say). As far as the no insurance it's knowingly operate the car on the road without.

As to the insurance, if you notified the insurance company when you bought the new car or shortly after that then it would have insurance under...
Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have a question

Ok if the person that pressed the charges don’t show up what happens

William Jaksa
William Jaksa answered on Aug 19, 2019

There are many considerations... how was their evidence recorded? are they the only witness? were they properly subpoenaed? why are they not showing up? how serious are the charges? is there a possibility that they will be able to attend court on a different date?

Generally speaking, if...
Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Charged with poss of marj with intend found Jan 5 I was in another state arrest Jan 27 17 no idict till April 2019

They did not indict til April 2019 after the two year mark my lawyer says that's not a problems 99-1-5 states different for Mississippi can somebody tell me what I should do or let me know if I'm.miss understand something

Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

It's going to depend on that indictment. I'd be curious to know whether the indictment occurred after the two-year mark of whether you were arraigned afterwards.

1 Answer | Asked in Criminal Law for Mississippi on
Q: In the state of MS if found guilty and convicted of taking of a motor vehicle, first offense, how much time you get?
Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

It really depends on the value of the motor vehicle. That being said, depending on some factors, you may be able to avoid jail time and even having this put on your record. I would highly recommend that you contact a criminal defense attorney to further discuss.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can I get a Grand Larceny felony in MS dropped to a misdemeanor?

I want to join the NAVY. Im 28 (Joseph Lee Creel). I caught a Grand Larceny, 1st offense, non-violent charge in 2012. Got 4 years, 2 to serve & 2 on probation. Violated by not reporting. Sent back to serve 2 years of which I flat-timed (100% completed). Can I get this lowered to a misdemeanor so I... Read more »

Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

It sounds like you were already found guilty, or at least pleaded guilty. If that is the case, then unfortunately, you do not qualify for it to be lowered to a misdemeanor. You may be eligible for it to be expunged; however, you will have to wait until five years after all terms and conditions of... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: What is simple assault with a deadly weapon
Arthur Calderon
Arthur Calderon answered on Aug 12, 2019

If it is simple assault, then it will be considered a misdemeanor; however, being that there is a deadly weapon involved, there is a good chance that it has been upgraded to a felony, which could carry some significant jail time.

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