Mississippi Criminal Law Questions & Answers
Q: Can I download the forms for an expungement in Ms myself? What forms do I need?
Arthur Calderon's answer
I doubt that there is a place where you can download the necessary forms required to get an expunction. You have the option of either hiring an attorney to do the expunction for you, or hiring an attorney to draft the necessary paperwork for you and you represent yourself.
I doubt that there is a place where you can download the necessary forms required to get an expunction. You have the option of either hiring an attorney to do the expunction for you, or hiring an attorney to draft the necessary paperwork for you and you represent yourself.
Q: If my wife's boyfriend showed up at my house what would happen if I shot to injury but didn't kill?
Arthur Calderon's answer
You may likely be charged with aggravated assault, and look at significant jail time. That being said, your best bet would be to advise in writing that he is not to enter the property. It would also be a good idea to have local law enforcement present.
You may likely be charged with aggravated assault, and look at significant jail time. That being said, your best bet would be to advise in writing that he is not to enter the property. It would also be a good idea to have local law enforcement present.
Q: I am charged with uttering forgery and pawing a stolen gun. First time arrested . Do I go to jail
Arthur Calderon's answer
You may be able to avoid jail time since this is considered a non-violent crime. Your best bet is going to be to contact a criminal defense attorney and discuss further. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers on here, including myself, offer free consultations to see if we can help.
You may be able to avoid jail time since this is considered a non-violent crime. Your best bet is going to be to contact a criminal defense attorney and discuss further. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers on here, including myself, offer free consultations to see if we can help.
Q: Someone told me certain felonies in Mississippi allow you to own a fun for home protection only. Is that true?
Arthur Calderon's answer
No. A convicted felon is not allowed to own any deadly weapon. That being said, depending on the circumstances, gun rights may be restored to allow the person to possess a weapon.
No. A convicted felon is not allowed to own any deadly weapon. That being said, depending on the circumstances, gun rights may be restored to allow the person to possess a weapon.
Q: If you have 25 grams of marijuana but you said it was more before you was caught with the 25 grams of marijuana
Arthur Calderon's answer
What will end up happening is that they will send the marijuana to the crime lab for an accurate measurement, at which point they will likely issue an indictment reflecting the accurate amount.
What will end up happening is that they will send the marijuana to the crime lab for an accurate measurement, at which point they will likely issue an indictment reflecting the accurate amount.
Q: In reference to Ms code: 99-33-9, can a JusticeJudge legally deny a requested jury trial when facing several years?
Arthur Calderon's answer
It depends on what you were charged with. If you were charged with a felony, then the justice court can only hear preliminary matters, and not actually try the case.
It depends on what you were charged with. If you were charged with a felony, then the justice court can only hear preliminary matters, and not actually try the case.
Q: How much time can you serve in mississippi for felony habitual offender ?
Arthur Calderon's answer
He needs to get with an attorney asap, as it sounds like some of his constitutional rights have been violated, and need to be presented to the Court. As to the habitual aspect, it depends on which habitual statute he is indicted under. If under 81, then it will be the max time of the underlying crime; however, if it is under 83, it will be life (both without the possibility of parole).
He needs to get with an attorney asap, as it sounds like some of his constitutional rights have been violated, and need to be presented to the Court. As to the habitual aspect, it depends on which habitual statute he is indicted under. If under 81, then it will be the max time of the underlying crime; however, if it is under 83, it will be life (both without the possibility of parole).
Q: I was convicted in 2006 for felony dui... what steps do I have to take to file for a certificate of rehabilitation in Ms
Arthur Calderon's answer
You need to get with an attorney to file the necessary petition with the relevant court, and have that attorney follow-up with the order certifying rehabilitation. Feel free to reach out to any attorney on here. Most lawyers, including myself, can provide a free consultation to guide you in the right direction and see how we can help out. The process itself, is rather straightforward, and fairly inexpensive.
You need to get with an attorney to file the necessary petition with the relevant court, and have that attorney follow-up with the order certifying rehabilitation. Feel free to reach out to any attorney on here. Most lawyers, including myself, can provide a free consultation to guide you in the right direction and see how we can help out. The process itself, is rather straightforward, and fairly inexpensive.
Q: OK so my fiance caught three charges the other day and I'm not sure I understand the seriousness...charges are possess
Arthur Calderon's answer
These are pretty serious charges, that carry some hefty fines and jail time depending on the amounts involved. You should seriously consider contacting a criminal defense attorney to further discuss.
These are pretty serious charges, that carry some hefty fines and jail time depending on the amounts involved. You should seriously consider contacting a criminal defense attorney to further discuss.
Q: Is accessory before the fact of an aggravated assault considered a violent crime in the state of Mississippi?
Arthur Calderon's answer
Although it can be subject to the same time frame for sentencing purposes, accessory is not considered a violent crime.
Although it can be subject to the same time frame for sentencing purposes, accessory is not considered a violent crime.
Q: My nephew is in mdoc custody for aggravated assault. His sentence was 20 years with 10 suspended. When could he parole?
Arthur Calderon's answer
Unfortunately, with the way that the law is written, a person convicted for a violent crime, which includes aggravated assault, is not eligible for parole; however, with recent activity pertaining to the relevant statute, there is an open question as to whether a person convicted for a crime of violence is eligible for earned time after having served 50% of their time, and when that time actually starts accruing (immediately upon conviction and receiving credit, or once they pass the 50% mark).
Unfortunately, with the way that the law is written, a person convicted for a violent crime, which includes aggravated assault, is not eligible for parole; however, with recent activity pertaining to the relevant statute, there is an open question as to whether a person convicted for a crime of violence is eligible for earned time after having served 50% of their time, and when that time actually starts accruing (immediately upon conviction and receiving credit, or once they pass the 50% mark).
Q: If the word feloniously is omitted in a murder indictment does that make It defective under miss 99-7-37
Arthur Calderon's answer
Not necessarily. It would really depend on the remainder of the indictment. You should consider getting with a criminal defense attorney to review the indictment in its entirety.
Not necessarily. It would really depend on the remainder of the indictment. You should consider getting with a criminal defense attorney to review the indictment in its entirety.
Q: Does a sentencing court still have jurisdiction in a case after 18 years of defendant serving 25 year sentence?
Arthur Calderon's answer
Yes, the Court retains jurisdiction over the case. I am more curious as to why you took an open plea on a habitual charge. By it's very nature, unless habitual is taken off of the indictment, then the judge would be obligated to sentence you to the max time if you were a habitual.
Yes, the Court retains jurisdiction over the case. I am more curious as to why you took an open plea on a habitual charge. By it's very nature, unless habitual is taken off of the indictment, then the judge would be obligated to sentence you to the max time if you were a habitual.
Q: My mom forged and delivered 5 opiate scripts during bipolar episodes. Whats your jail time guess?
Arthur Calderon's answer
It really depends on how exactly she was indicted, and under what particular statute. You should consider getting with a criminal defense attorney so that you can discuss more of the facts and circumstances of her case. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most attorneys, myself included, are willing to provide a free consultation to see how you can be helped.
It really depends on how exactly she was indicted, and under what particular statute. You should consider getting with a criminal defense attorney so that you can discuss more of the facts and circumstances of her case. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most attorneys, myself included, are willing to provide a free consultation to see how you can be helped.
Q: Hello I have a aggravated assault charge for protesting myself in 2010. I received 3 years probation off in 2013.
Arthur Calderon's answer
Unfortunately, given that this is considered a violent crime, it is not eligible for an expunction; however, you may be able to get a certificate of rehabilitation which can restore some of your rights.
Unfortunately, given that this is considered a violent crime, it is not eligible for an expunction; however, you may be able to get a certificate of rehabilitation which can restore some of your rights.
Q: A friend was sentenced to 90 years on drug charges. Never been a felon, but a repeat drug offender. Charges are wrong?
Arthur Calderon's answer
If he is repeat offender, then that means that he was previously convicted of a felony (or two). Your best bet will be to contact a criminal defense attorney to review the case and see if the sentence itself was illegal. Feel free to reach out to any attorney on here. Most, including myself, would be willing to review your friend's case for a lower fee, and to assess whether there is any wiggle room to seek post-conviction relief.
If he is repeat offender, then that means that he was previously convicted of a felony (or two). Your best bet will be to contact a criminal defense attorney to review the case and see if the sentence itself was illegal. Feel free to reach out to any attorney on here. Most, including myself, would be willing to review your friend's case for a lower fee, and to assess whether there is any wiggle room to seek post-conviction relief.
Q: Ive been indicted without the DA or grand jury ever seeing case. For one charge, no history. Help! Calhoun County, MS
Arthur Calderon's answer
You need to consider talking with an attorney sooner rather than later, as the next step will be setting up a trial. Most attorneys on here, myself included, are willing to provide a free consultation to discuss your case, at the very least to point you in the right direction.
You need to consider talking with an attorney sooner rather than later, as the next step will be setting up a trial. Most attorneys on here, myself included, are willing to provide a free consultation to discuss your case, at the very least to point you in the right direction.
Q: I possessed a old gun that was froze up and no firing pin and got charged with it.will this charge stick
Arthur Calderon's answer
I would argue that you were not in possession of a weapon. You should seriously consider contacting a criminal defense attorney to discuss your case more.
I would argue that you were not in possession of a weapon. You should seriously consider contacting a criminal defense attorney to discuss your case more.
Q: My legal name is not on my court papers I was charged with burglary. My papers has my nickname is that a technicality
Arthur Calderon's answer
At best, it will be considered scrivener's error. Unfortunately, it will likely not be enough to dispose of the underlying case.
At best, it will be considered scrivener's error. Unfortunately, it will likely not be enough to dispose of the underlying case.
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