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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: My friend was charged with possession and the task force is demanding that he set someone up but he was already arrested

He had 3.5 grams of meth

Arthur Calderon
Arthur Calderon answered on Apr 14, 2021

Your friend does not have to cooperate with the task force. Depending on the circumstances, they may be able to avoid jail time and having this go on their record; however, it will depend on whether they have any priors, if there were other charges, etc.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: On a burglary charge is there a lesser charge to plea to because i was the driver and unaware of a burglary happening
Arthur Calderon
Arthur Calderon answered on Apr 14, 2021

It depends on the type of burglary; however, it is not uncommon for there to be a change to something like trespassing or accessory after the fact.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Mississippi on
Q: My brother just got sentenced, how do I go about filing an appeal? Or what do we need to do?

Would we be able to hire a lawyer to do an appeal on his case?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

Your brother will have 30 days to file a Notice of Appeal. Although your brother has the right to file an appeal on his own, it is advisable to hire an attorney to assist him with this so that he does not miss deadlines and/ or other rules that are in place for appeals.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are secret indictments still able to take place in Mississippi
Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

Yes. Typicaly, indictments remain secret when the accused is either unable to be located (and wasn't previously arrested) or there is a co-defendant that remains at large.

1 Answer | Asked in Criminal Law and Juvenile Law for Mississippi on
Q: Does the degree of murder have to be specifically stated in a plea bargain petition?

The plea bargain petition offered by the state didn't specify what degree of murder I'd be pleaing guilty to.

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

Typically, yes; however, there is some case law that says that as long as the degree of murder is discussed during the plea hearing, then that may end up taking care of any defects in the underlying plea petition.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My Husband was charged with Natrual Life on case with 3 others he did not shot or kill anyone and he got the most?

He did not kill no had no gun and was lied on by a co defendant who should of been impeached for lying and he had 2 mis-trials and should of had on on 3rd but lawyer was not doing his job properly

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

These types of cases are always tricky, especially when there have already been multiple trials. Has your husband filed an appeal? If so, what were the grounds?

1 Answer | Asked in Criminal Law for Mississippi on
Q: Why would a judge not offer a first time drug offender drug court in Mississippi?

My little brother was sentenced 8 years with 3 suspended. He was not given offer of drug court in court on a sale charge only prison time. He had talked with his presenting lawyer for two days and while in court the next time his lawyer wasn’t there another lawyer presented with “I’m your... Read more »

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

It really depends. If you pleaded out, which it sounds like he did, then the possibility of getting post conviction relief is incredibly low. That being said, it sounds like there was a lot of miscommunication between your brother and the various lawyers. I'd be curious to know why he... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If you are charged in the state of Mississippi for possession of meth as a Misdemeanor how much jail time would you do
Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

You are looking at very minimum jail time on a charge like this. That being said, depending on the circumstances, you and your lawyer may be able to arrange it to where you can avoid a conviction and having this go on your record.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I’m being charged with aggravated assault with a deadly weapon and 2 counts of shooting at a motor vehicle no one hurt?

I have no prior charges or criminal records what are my possibilities?

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

With aggravated assault, that is considered a violent crime. From the looks of it, the DA is going to try to add firearm enhancements to the charge, which could lead to serious jail time. The biggest problem, though, is that even though this would be your first felony, if you are convicted and... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If my husband took a plea 60sec before the jury came back with a not guilty verdict should he still be sentenced.
Arthur Calderon
Arthur Calderon answered on Feb 18, 2021

Unfortunately, in these types of situations, once the plea was accepted by the Court, then it became almost impossible to take it back, since a plea is an acknowledgement of guilt.

1 Answer | Asked in Criminal Law and Traffic Tickets for Mississippi on
Q: I was riding with someone. The Officer found pills that were not mine in floor on my side. Is it lawful to charge me.

I owned up for possession of marijuana which was mine. The driver didn't own up for his pills and neither did I, but I got charged

Arthur Calderon
Arthur Calderon answered on Feb 5, 2021

First, be very careful about any information that you put on a forum, even this one. As to your question, it is very typical for law enforcement to charge everyone with possession of a controlled substance, especially if they cannot pin it on one particular person. The problem that they will run... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have 3 misdemeanor shoplifting charges and I want to plead guilty and pay the fines but I can not go to jail

I have small children and I can't go to jail

Lance Mixon
Lance Mixon answered on Jan 30, 2021

Many judges across the state have a policy a mandatory jail time to serve, even on one (1) first offense lifetime shoplifting charge. 1 is serious enough, but 3 will surely raise red flags with the court. My advice is to contact a criminal defense attorney to discuss options.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have a acc after the fact I'm trying to see how much time it carries
Arthur Calderon
Arthur Calderon answered on Jan 24, 2021

It really depends on the underlying crime. That being said, it may be best for you to consult with a private lawyer to go into more details about the allegations so that you can see what potential time you might be looking at.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How do you file a criminal complaint of fraud for home repair?
Arthur Calderon
Arthur Calderon answered on Jan 24, 2021

If you feel as though there is a crime that was committed, your best bet is going to be to go to the local city or justice court and file a criminal complaint against the person. That being said, depending on the circumstances, you may also have a civil case against the person for not doing their... Read more »

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.

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