Mississippi Questions & Answers by Practice Area
- Bankruptcy
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- Gov & Administrative Law
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- Identity Theft
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- Legal Malpractice
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- Military Law
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Mississippi Questions & Answers
Q: Can a judge in Mississippi raise someone bond without cause? They want tell us why? Nobody knows why?
Arthur Calderon's answer
That is highly unusual. With the new rules that are in effect, a judge cannot unilaterally raise a person's bond unless he makes specific findings on the record to justify that increase. To do otherwise may render the judge's actions unconstitutional, as the bail would be considered excessive.
That is highly unusual. With the new rules that are in effect, a judge cannot unilaterally raise a person's bond unless he makes specific findings on the record to justify that increase. To do otherwise may render the judge's actions unconstitutional, as the bail would be considered excessive.
Q: I was convicted in 2007 on a burglary of building and in 2016 for sale of control substance. Are either violent
Arthur Calderon's answer
The burglary of a dwelling is considered a violent crime, and therefore renders a person ineligible for early release per the probation and parole statute.
The burglary of a dwelling is considered a violent crime, and therefore renders a person ineligible for early release per the probation and parole statute.
Q: Why are Custodians of the Ms Dept. Of Corrections used to prove Habitual status of a defendant in a. bifurcated hearing
Arthur Calderon's answer
There's not really a bifurcated hearing for 83 purposes, as the relevant statute kicks in if the defendant has the requisite convictions in his or her background.
There's not really a bifurcated hearing for 83 purposes, as the relevant statute kicks in if the defendant has the requisite convictions in his or her background.
Q: Can a minor (13) arrested for accidental shooting be put in jail with adults instead of juvenile detention center
Arthur Calderon's answer
It really depends. Typically, they should be housed in a juvenile detention center until such time as they are adjudicated to be an adult; however, when they are charged with a violent crime, circuit court jurisdiction may automatically kick in, thus allowing them to be placed in general population.
It really depends. Typically, they should be housed in a juvenile detention center until such time as they are adjudicated to be an adult; however, when they are charged with a violent crime, circuit court jurisdiction may automatically kick in, thus allowing them to be placed in general population.
Q: Can you have co-guardianship with a niece and nephew?
Arthur Calderon's answer
You must certainly can. All it takes is having the right paperwork in place naming the co-guardians.
You must certainly can. All it takes is having the right paperwork in place naming the co-guardians.
Q: Can a l3 yr old be legally placed in an adult jail as they were arrested for an accidental shooting instead of juvi
Arthur Calderon's answer
It really depends. Typically, they should be housed in a juvenile detention center until such time as they are adjudicated to be an adult; however, when they are charged with a violent crime, circuit court jurisdiction may automatically kick in, thus allowing them to be placed in general population.
It really depends. Typically, they should be housed in a juvenile detention center until such time as they are adjudicated to be an adult; however, when they are charged with a violent crime, circuit court jurisdiction may automatically kick in, thus allowing them to be placed in general population.
Q: Do someone from the Miss. Dept. if Corrections record department have to testify in a bifurcated hearing.
Arthur Calderon's answer
No one particular person has to testify during a bifurcated hearing, unless the hearing has to do with revocation or something related to probation or parole.
No one particular person has to testify during a bifurcated hearing, unless the hearing has to do with revocation or something related to probation or parole.
Q: My husband's ex has been out of our children's lives for 3 years. She calls every 2 to 3 months and I want to adopt
Arthur Calderon's answer
You need to get with an attorney, as you will have to go through the process of terminating her parental rights before you can go through the adoption process.
You need to get with an attorney, as you will have to go through the process of terminating her parental rights before you can go through the adoption process.
Q: If you are under an indictment. For a felony but haven't been convicted are you still able to carry a weapon?
Arthur Calderon's answer
Yes, you are able to carry a weapon until such time as you become a convicted felon.
Yes, you are able to carry a weapon until such time as you become a convicted felon.
Q: If someone was accused of attempted aggravated assult and the grand jury has met 4 or 5 times and that person has not
Arthur Calderon's answer
The person needs to get with an attorney ASAP. Under the right circumstances, an attorney may be able to get the case dismissed and have your friend's record wiped clean so as to avoid anything in the future.
The person needs to get with an attorney ASAP. Under the right circumstances, an attorney may be able to get the case dismissed and have your friend's record wiped clean so as to avoid anything in the future.
Q: I would like to know how many pages. Daniel Myvett have?
Arthur Calderon's answer
It's very unclear what exactly you are asking for. Please rephrase and repost.
It's very unclear what exactly you are asking for. Please rephrase and repost.
Q: Can I be charged with a felony possession of control substance if I have a valid prescription for the pills
Arthur Calderon's answer
Can you be charged? Yes... BUT, it sounds like you have a valid defense against the charges. If law enforcement hasn't dropped the charges already based on your prescription, then you should probably at least consult with an attorney to talk about a plan of action and get some advice.
Can you be charged? Yes... BUT, it sounds like you have a valid defense against the charges. If law enforcement hasn't dropped the charges already based on your prescription, then you should probably at least consult with an attorney to talk about a plan of action and get some advice.
Q: I got a speeding ticket 85 in a 50 I was only doing 70
Arthur Calderon's answer
Certainly possible; however, given the facts as presented, you may have some ways to poke a hole in his allegation of speeding.
Certainly possible; however, given the facts as presented, you may have some ways to poke a hole in his allegation of speeding.
Q: Can I be charged with a felony possession of control substance if I have a valid prescription for the pills
Arthur Calderon's answer
Can you be charged? Yes... BUT, it sounds like you have a valid defense against the charges. If law enforcement hasn't dropped the charges already based on your prescription, then you should probably at least consult with an attorney to talk about a plan of action and get some advice.
Can you be charged? Yes... BUT, it sounds like you have a valid defense against the charges. If law enforcement hasn't dropped the charges already based on your prescription, then you should probably at least consult with an attorney to talk about a plan of action and get some advice.
Q: Exponge misdemeanor shoplifting charge in 14 and a misdemeanor poss of paraphernalia charge in 16 Which codes in MS?
Arthur Calderon's answer
The misdemeanor shoplifting charge should be expungable, as with the misdemeanor possession of paraphernalia, but only under very particular circumstances. Probably the better route would be for them to be non-adjudicated, as the statues allow multiple offenses to be non-adjudicated, but you only get one bite at the apple as far as expunctions.
The misdemeanor shoplifting charge should be expungable, as with the misdemeanor possession of paraphernalia, but only under very particular circumstances. Probably the better route would be for them to be non-adjudicated, as the statues allow multiple offenses to be non-adjudicated, but you only get one bite at the apple as far as expunctions.
Q: If a person is charged with attempted aggravated assult two years ago, grand jury has met 4 or 5 times and havent been
Arthur Calderon's answer
The person needs to get with an attorney ASAP. There is a good possibility that the case was presented to the grand jury, and he has been no-billed. Under the right circumstances, an attorney may be able to get the case dismissed and have your friend's record wiped clean so as to avoid anything in the future.
The person needs to get with an attorney ASAP. There is a good possibility that the case was presented to the grand jury, and he has been no-billed. Under the right circumstances, an attorney may be able to get the case dismissed and have your friend's record wiped clean so as to avoid anything in the future.
Q: My brother spent a year or more in jail in 2014 he then went back to jail for 11 months for possession in 2015
Arthur Calderon's answer
It is certainly possible for them to indict him as a habitual. If that is the case, then if he is found guilty on this most recent charge, then he will serve the max for the crime (if indicted as an 81) or life without the possibility of parole (if indicted as an 83). All that to say, your brother probably should get an attorney ASAP.
It is certainly possible for them to indict him as a habitual. If that is the case, then if he is found guilty on this most recent charge, then he will serve the max for the crime (if indicted as an 81) or life without the possibility of parole (if indicted as an 83). All that to say, your brother probably should get an attorney ASAP.
Q: If I don't have my rent on the 1st my landlord gives me a 3 day notice to vacate premises. Is that legal or scare tactic
Arthur Calderon's answer
Under the relevant statute, if a person does not pay their rent, then the landlord can begin the eviction process by giving them a three-day notice to pay rent or vacate the premises.
Under the relevant statute, if a person does not pay their rent, then the landlord can begin the eviction process by giving them a three-day notice to pay rent or vacate the premises.
Q: if my children live with there dad, is it ok that he leaves them with his wife for several days and nights?
Arthur Calderon's answer
Unfortunately, it doesn't work that way. The visitation order sets the bare-minimum that a non-custodial parent may see his or her children when not under the normal custody of the other parent, unless other (and very particular) circumstances are met which would justify changing custody and/or visitation.
Unfortunately, it doesn't work that way. The visitation order sets the bare-minimum that a non-custodial parent may see his or her children when not under the normal custody of the other parent, unless other (and very particular) circumstances are met which would justify changing custody and/or visitation.
Q: I'm From Texas I'm on Child Support For my 3yearold Daughter But She Moved To Mississippi Recently Can I go visit Her ?
Arthur Calderon's answer
It really depends on what the custody and visitation order says. If it says that you are to have visitation during a set time, then the mother must produce the child for visitation.
It really depends on what the custody and visitation order says. If it says that you are to have visitation during a set time, then the mother must produce the child for visitation.
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