Mississippi Questions & Answers by Practice Area
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Mississippi Questions & Answers
Q: Need attorney for my brother that's been in prison for 10 yrs on armed robbery. He was sentenced to 20 yrs.
Arthur Calderon's answer
I'd be curious to know the court's logic in denying him a retained attorney. Typically, a court will only do that if there has been multiple continuances granted in a case. I'd also be curious to know the level of evidence that there was to justify your brother entering an open plea.
The laws in Mississippi say that anyone convicted for a crime of violence is not eligible for any sort of earned time, early release, etc. That being said, if there is additional evidence discovered after...
I'd be curious to know the court's logic in denying him a retained attorney. Typically, a court will only do that if there has been multiple continuances granted in a case. I'd also be curious to know the level of evidence that there was to justify your brother entering an open plea.
The laws in Mississippi say that anyone convicted for a crime of violence is not eligible for any sort of earned time, early release, etc. That being said, if there is additional evidence discovered after...
Q: how bad is trafficking firearms? how many years could a person get?
Arthur Calderon's answer
Pretty bad. For trafficking firearms, a person convicted will be in MDOC custody for not less than 15 years. Keep in mind that that does not include the additional charges in the different jurisdictions, which could add substantial jail time on top of the trafficking charge. Typically, such cases are very fact intensive, and require a lot of work on the front end if the person plans to go to trial, or a lot of time trying to negotiate a deal with the DA's office, if the person wants to avoid a...
Pretty bad. For trafficking firearms, a person convicted will be in MDOC custody for not less than 15 years. Keep in mind that that does not include the additional charges in the different jurisdictions, which could add substantial jail time on top of the trafficking charge. Typically, such cases are very fact intensive, and require a lot of work on the front end if the person plans to go to trial, or a lot of time trying to negotiate a deal with the DA's office, if the person wants to avoid a...
Q: Can my husband get power of attorney to handle his mother's affairs?She has advanced Alzheimer's disease.
Arthur Calderon's answer
It sounds like the best option may be for him to get a conservatorship over her, so that he can manage all of her affairs. A conservatorship is similar to a guardianship, except that it is used for adults who are unable to manage theirs affairs, whether because of advance age, medical diagnosis, etc.
It sounds like the best option may be for him to get a conservatorship over her, so that he can manage all of her affairs. A conservatorship is similar to a guardianship, except that it is used for adults who are unable to manage theirs affairs, whether because of advance age, medical diagnosis, etc.
Q: Is there a law that limits the compensation a person receives for a burn to there face of 5000?
Arthur Calderon's answer
That doesn't necessarily sound right... My recommendation would be to contact a WC attorney sooner rather than later, as you may be entitled to significantly more damages, depending on the circumstances (the facts surrounding the injury, the amount in medicals, etc.). Feel free to reach out to any attorney on this forum.
That doesn't necessarily sound right... My recommendation would be to contact a WC attorney sooner rather than later, as you may be entitled to significantly more damages, depending on the circumstances (the facts surrounding the injury, the amount in medicals, etc.). Feel free to reach out to any attorney on this forum.
Q: Yes I am being charged with a burglary I did not do I was present but I was asleep in my car I need probono help fast
Arthur Calderon's answer
It depends largely on what type of burglary you were charged with. If it was burglary of a dwelling, you will not be able to get into an alternative sentencing program. Your best bet is going to be to contact an attorney to discuss the details of your case, and to determine whether you are eligible for an alternative sentencing program, or alternatively negotiate with the State to limit your jail time, should it move forward.
It depends largely on what type of burglary you were charged with. If it was burglary of a dwelling, you will not be able to get into an alternative sentencing program. Your best bet is going to be to contact an attorney to discuss the details of your case, and to determine whether you are eligible for an alternative sentencing program, or alternatively negotiate with the State to limit your jail time, should it move forward.
Q: My brother was sentenced to 20 yrs in prison on armed robbery in 2008. Can he get another day in court?
Gary Kollin's answer
I doubt that there is anything that is available now after 10 years which can remedy the situation. Many time periods have elapsed.
It seems you and your family are, according to you, the victims.
I am also confused that you believe that if you receive a name of a lawyer on this blog, the lawyer will be automatically honest and serious whereas your checks with lawyers directly would not yield one.
I suggest you contact criminal defense lawyers in Mississippi in the...
I doubt that there is anything that is available now after 10 years which can remedy the situation. Many time periods have elapsed.
It seems you and your family are, according to you, the victims.
I am also confused that you believe that if you receive a name of a lawyer on this blog, the lawyer will be automatically honest and serious whereas your checks with lawyers directly would not yield one.
I suggest you contact criminal defense lawyers in Mississippi in the...
Q: What proof can a outside child who claims that my father is also her father provide as proof to be part of an estate
Arthur Calderon's answer
She can establish paternity by DNA testing or through testimony from herself or others indicating that he held her out to be his child.
She can establish paternity by DNA testing or through testimony from herself or others indicating that he held her out to be his child.
Q: Does mowing the grass have to be put in the lease for the tenant to be responsible for?
Salim U. Shaikh's answer
Depends if it only covers the area in use by the tenant and not the whole lawn.
Depends if it only covers the area in use by the tenant and not the whole lawn.
Q: Will my pension be considered an asset if I file for bankruptcy?
Timothy Denison's answer
Yes. However, you may protect it by using one of your exemptions for certain property.
Yes. However, you may protect it by using one of your exemptions for certain property.
Q: I was arrested with 6 grams of methamphetamine but only one gram in the mix was actual drug ..
Arthur Calderon's answer
If it was less than one gram, then the maximum penalties that you are looking at are 3 years and/or $50,000.00; however, if the State establishes that you had more than 2 grams, then you are looking at a max of 8 years and/or $250,000.00. Your best bet is going to be to get with an attorney as soon as possible. Usually, if you are able to get someone early enough, then they can begin negotiations with the DA's office ahead of time to either get the charges reduced to misdemeanor levels, or have...
If it was less than one gram, then the maximum penalties that you are looking at are 3 years and/or $50,000.00; however, if the State establishes that you had more than 2 grams, then you are looking at a max of 8 years and/or $250,000.00. Your best bet is going to be to get with an attorney as soon as possible. Usually, if you are able to get someone early enough, then they can begin negotiations with the DA's office ahead of time to either get the charges reduced to misdemeanor levels, or have...
Q: I have shared custody with my ex-husband. I am engaged to marry someone who has non violent felonies. What can happen?
Arthur Calderon's answer
At this juncture, not a whole lot. In order for there to be a modification of custody, there has to be a material change of circumstances that negatively impacts the child, and even then, the judge has to review several factors to make such a determination. In your situation, you shouldn't have anything to worry about, given the fact that it was 10 years ago, and the underlying crime is not one that raises issues as to the child's safety.
At this juncture, not a whole lot. In order for there to be a modification of custody, there has to be a material change of circumstances that negatively impacts the child, and even then, the judge has to review several factors to make such a determination. In your situation, you shouldn't have anything to worry about, given the fact that it was 10 years ago, and the underlying crime is not one that raises issues as to the child's safety.
Q: I never received a raise in 15 years own his own truck and behind last child graduated and cut off the same day.
Arthur Calderon's answer
I would be curious to see how exactly that letter was worded, but more so how the child support order was written. Assuming that he is behind on his child support payments and other financial obligations, you may still have an action against him to collect the back child support, unless your children are all 21 years old, in which case they are the proper parties to bring an action against him.
I would be curious to see how exactly that letter was worded, but more so how the child support order was written. Assuming that he is behind on his child support payments and other financial obligations, you may still have an action against him to collect the back child support, unless your children are all 21 years old, in which case they are the proper parties to bring an action against him.
Q: What type of sentence can my son get for poss. SCH II (meth)
Arthur Calderon's answer
It really depends on the amount that he had on him when he was arrested. If he had less than two grams, then he is looking at no more than 8 years in MDOC or $50,000.00 or both; if he had between 2 grams and 10 grams, then he is facing a max of 20 years or $250,000.00 or both; and if he had between 10 grams and 30 grams, then he can be imprisoned for up to 30 years, be fined $500,000.00, or both. Bear in mind that anything more than 30 grams, and he can be indicted for drug trafficking, which,...
It really depends on the amount that he had on him when he was arrested. If he had less than two grams, then he is looking at no more than 8 years in MDOC or $50,000.00 or both; if he had between 2 grams and 10 grams, then he is facing a max of 20 years or $250,000.00 or both; and if he had between 10 grams and 30 grams, then he can be imprisoned for up to 30 years, be fined $500,000.00, or both. Bear in mind that anything more than 30 grams, and he can be indicted for drug trafficking, which,...
Q: If I'm placed in the PTI program with really no evidence against me. How possible is it for me to have the case dismiss.
Arthur Calderon's answer
Typically, if you are placed in the PTI or PTD program, then the case is dismissed after you satisfy all of the terms and conditions of the program. If there is no evidence against you, then it may be a situation where you stand a better chance of going to trial. Bear in mind that if you go into the PTI program and catch a charge, then the DA's office has the right to take you out of the program, at which point you have to serve out the rest of your time remaining in MDOC custody.
Typically, if you are placed in the PTI or PTD program, then the case is dismissed after you satisfy all of the terms and conditions of the program. If there is no evidence against you, then it may be a situation where you stand a better chance of going to trial. Bear in mind that if you go into the PTI program and catch a charge, then the DA's office has the right to take you out of the program, at which point you have to serve out the rest of your time remaining in MDOC custody.
Q: Is there simple robbery in Mississippi and can you be put on probation for first felony charge.
Arthur Calderon's answer
There is such thing as a robbery charge, as opposed to armed robbery (with the latter carrying a much heavier sentence). As for whether the person can serve just probation, it is possible, but it depends on several factors (such as, like you said, whether it was their first felony, how the DA operates, the judge, the defendant's background, etc.).
There may not necessarily be a conflict of interest, unless the person calling the police is the actually the same person as the lawyer....
There is such thing as a robbery charge, as opposed to armed robbery (with the latter carrying a much heavier sentence). As for whether the person can serve just probation, it is possible, but it depends on several factors (such as, like you said, whether it was their first felony, how the DA operates, the judge, the defendant's background, etc.).
There may not necessarily be a conflict of interest, unless the person calling the police is the actually the same person as the lawyer....
Q: If my Husbands 17 year old daughter moved out and in with her cousin can they take him to court for child support?
Arthur Calderon's answer
It depends on several factors; however, the most important factor is whether he was already court-ordered to pay child support. If so, then the child support follows the child wherever she may live.
It depends on several factors; however, the most important factor is whether he was already court-ordered to pay child support. If so, then the child support follows the child wherever she may live.
Q: Was there a law passed recently that allows non violent offenders with drug charges allowed to parole after 15% of time?
Arthur Calderon's answer
If you are referring to Mississippi state law, then the answer is no; however, that being said, a person who is convicted of a drug-related crime (that is NOT drug trafficking) is generally available for early release after serving approximately 25% of their sentence in MDOC custody.
If you are referring to Mississippi state law, then the answer is no; however, that being said, a person who is convicted of a drug-related crime (that is NOT drug trafficking) is generally available for early release after serving approximately 25% of their sentence in MDOC custody.
Q: Can I hire a lawyer temporarily to sapina police reports , witness statements and Discovery and they mail them to me ?
Arthur Calderon's answer
You may not even need an attorney to collect that information for you. Assuming that your husband had an attorney before his conviction, he should be able to contact the attorney who handled his case and request a copy of all of the discovery received. Otherwise, feel free to reach out to any attorney on this forum, as most of us are happy to provide free advise on how to proceed.
You may not even need an attorney to collect that information for you. Assuming that your husband had an attorney before his conviction, he should be able to contact the attorney who handled his case and request a copy of all of the discovery received. Otherwise, feel free to reach out to any attorney on this forum, as most of us are happy to provide free advise on how to proceed.
Q: Family-have joint legal custody. I want temporary physical custody based on unacceptable living conditions
Arthur Calderon's answer
Unfortunately, a child's opinion carries no weight until she reaches 12 years old. Even then, in order to modify custody, you have to establish that there has been a material change in circumstances that negatively impacts the child. As far the physical custody aspect is concerned, the same is applicable. Your best bet is going to be to consult with a family law attorney who can walk you through the different scenarios, and advise as to the best course of action.
Unfortunately, a child's opinion carries no weight until she reaches 12 years old. Even then, in order to modify custody, you have to establish that there has been a material change in circumstances that negatively impacts the child. As far the physical custody aspect is concerned, the same is applicable. Your best bet is going to be to consult with a family law attorney who can walk you through the different scenarios, and advise as to the best course of action.
Q: I live in Mississippi and I'm wanting to find out if I have a case against a local hotel in my area.
2 Answers
| Asked
in
Consumer Law, Personal Injury, Civil Litigation and Libel & Slander
for
Mississippi
on
Answered on May 22, 2018
Answered on May 22, 2018
Peter Munsing's answer
Sounds like you have a case. You need an attorney for the place where it happened. Look for that state's Assn for Justice--their members give free consultations.
Sounds like you have a case. You need an attorney for the place where it happened. Look for that state's Assn for Justice--their members give free consultations.
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