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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I have 5 misdemeanor and one felony I never been in trouble before in my life will I do time in jail

I saw this post on Facebook about a rental property rent to own so I sent these people money thinking I will get the property so I reposted the house tried to rent it out and collected two deposit from them just in case one's back out the next day I noticed I've been locked out of my... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you're in a difficult situation. Given that you have no prior criminal record, it's possible that the court may consider this in your favor during sentencing. However, the outcome will largely depend on the specific details of your case, including the amount of money... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Identity Theft and Criminal Law for Mississippi on
Q: what can I do or who can I speak with that deals with online threats, intimate videos and photos being displayed?

my laptop and phone have been tampered with and nude videos and photos are being shown all on the web. Live videos of myself at my resident are shown, I did not and would not ever give any consent of any of this

James L. Arrasmith
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answered on Jul 21, 2024

I'm really sorry to hear about what you're going through. It's crucial to act quickly to protect your privacy and well-being. First, contact local law enforcement immediately to report the unauthorized sharing of your intimate content and the tampering with your devices. They can... View More

1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Civil Rights for Mississippi on
Q: If I lived with a man for 11.5 years and we opened a joint checking account and a money market account then we split up

Can I legally withdraw money from either account without being sued or arrested for theft? What can or can I not do with this money???

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's a general overview of the situation, but please note that this is not legal advice and you should consult with a local attorney for specific guidance:

1. Joint accounts: Generally, when two people open a joint account, both parties have equal...
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1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Mississippi on
Q: I have expunged my record how can I get a gun permit
James L. Arrasmith
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answered on Jun 10, 2024

If you have expunged your record, you may still be able to get a gun permit, but the process and requirements can vary depending on your location. First, check the specific laws in your state or country, as each jurisdiction has different rules about gun ownership and expunged records.... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Federal Crimes for Mississippi on
Q: I filed a compassionate release motion the Ausa responded untimely what do I do now

I filed a motion for compassionate release The ausa argued my motion should be denied because of the seriousness of the crime but the judge said they answered untimely

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you have already taken significant steps by filing a motion for compassionate release. The fact that the judge acknowledged the untimeliness of the AUSA's response works in your favor. You should focus on emphasizing this procedural error and any other strong points in your... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is it possible to get charged dropped against my husband for aggravated assault? The cops pressed them .I was drunk when

I call them n made the allegations.

Arthur Calderon
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Arthur Calderon
answered on May 5, 2024

It's possible, but it is going to depend on a few things, like whether your husband has already had a preliminary hearing. Your best bet is going to be to talk with an experienced criminal defense attorney who can discuss the facts of the case and get a better idea of the case's current status.

1 Answer | Asked in Criminal Law for Mississippi on
Q: It’s been over one year since I was indicted on my charge for cocaine and meth. Can they still invite me? If so, why?
Arthur Calderon
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Arthur Calderon
answered on May 5, 2024

Likely they can, because they have already indicted you or charged you, with tolls the statute of limitations in criminal cases. Your best bet is going to be to get with an experienced criminal defense attorney so that they can go over the facts of your case.

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: If a driver gives law enforcement false information in a roadblock do they have consent to search the passengers persona

Me and my fiance went through a roadblock we were passengers in the vehicle the driver gives law enforcement box information they pull him out of the vehicle cuff him then they ask for me and my fiance to step out they begin to search us without consent and then start searching our belongings my... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the details you provided, there are a few key legal issues at play:

1. Probable Cause: If the driver provided false information to law enforcement at the roadblock, this could potentially give the officers probable cause to believe that criminal activity may be occurring, which...
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1 Answer | Asked in Criminal Law for Mississippi on
Q: How much property damage is considered a felony in the state of Mississippi
James L. Arrasmith
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answered on Feb 26, 2024

In Mississippi, the threshold for property damage to be considered a felony is relatively clear-cut under the law. When the cost of the damage to property exceeds $1,000, the offense can escalate from a misdemeanor to a felony. This distinction is crucial because felonies carry more severe... View More

1 Answer | Asked in Personal Injury, Criminal Law and Civil Rights for Mississippi on
Q: Statute of limitations for aggravated assault by an authority figure

In 2016 I was in Corinth Mississippi walking to the store at approximately 7 in the morning. As I was walking a police car with his lights on pulled up in the turning lane and instructed me to come out to his vehicle. When I approached the car the officer got out of the car and asked me for my ID I... View More

James L. Arrasmith
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answered on Jan 21, 2024

Hi! Happy Sunday. Based on the facts provided, it seems the incident in question occurred in 2016 in Corinth, Mississippi.

The statute of limitations for aggravated assault in Mississippi is 2 years (Miss. Code Ann. § 99-1-5). However, the statute of limitations may be longer or not apply...
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1 Answer | Asked in Criminal Law for Mississippi on
Q: What is the length of jail time for stealing a dirtbike in Mississippi
Arthur Calderon
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Arthur Calderon
answered on Jan 9, 2024

This is a little bit of a tricky question. In Mississippi, the length of jail time really depends on the value of the dirt bike. Depending on the circumstances, it could also be worked out to where a person may not have to serve any sort of jail time, and instead the person can participate in a... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I would like to know how to file motion of dismissal after I've not been indicted in 2 years on C/S charge in 9/21

I understand there's no set time for indictment but can I argue the due process to a speedy trial argument and file for a motion to dismiss being it's taking 2 years and still no indictment. The c/s was not in my possession it was in the car I was driving so constructive possession is... View More

Arthur Calderon
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Arthur Calderon
answered on Jan 9, 2024

The process of filing a motion to dismiss is relatively simple. What you will need to do, assuming you do this pro se, is just file the motion in the court where the matter is pending, and refer to the various Barker factors (time since arrest, whether the right to speedy trial was invoked, the... View More

2 Answers | Asked in Family Law, Criminal Law, Elder Law and Federal Crimes for Mississippi on
Q: Louisiana-my dad purchased our family home with money he collected from a lawsuit injury over 25 yrs ago. Then married.

The title of the house and property is exchanged several times between him and his sister and eventually his ex-wife(25 yrs younger) is add. They've been divorced for 8 to 10 years now and she's suing him for community property. His attorney said it was a mortgage on the house that she... View More

James L. Arrasmith
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answered on Jan 13, 2024

In Louisiana, the "dirty hands doctrine" is not a recognized legal doctrine that would automatically prevent someone from claiming community property in a divorce case. Community property laws in Louisiana can be complex, and the outcome of your dad's case would depend on various... View More

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2 Answers | Asked in Federal Crimes and Criminal Law for Mississippi on
Q: I got stopped and had 4 grams of meth on me and a pipe what should I do before court
James L. Arrasmith
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answered on Jan 13, 2024

If you've been stopped and are facing drug-related charges, it's essential to take certain steps before your court appearance. First and foremost, consult with a criminal defense attorney immediately. They can provide legal guidance and represent your interests in court.

Do not...
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2 Answers | Asked in Federal Crimes and Criminal Law for Mississippi on
Q: I got stopped and had 4 grams of meth on me and a pipe what should I do before court
Arthur Calderon
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Arthur Calderon
answered on Dec 30, 2023

First and foremost, the first thing you need to do is get a lawyer. Having the pipe is the lesser crime of the two, since prosecutors typically go after the controlled substance charge more than anything. That being said, there are some ways to minimize any potential jail time that you may end up... View More

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2 Answers | Asked in Criminal Law for Mississippi on
Q: A investigator has called my wife to come in for questioning. Does she have to go down there?

My wife and the investigator have past runnings and she is scared to go down there without advice from my lawyer.

Arthur Calderon
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Arthur Calderon
answered on Dec 30, 2023

The previous answer is exactly correct. In these situations, there is no set obligation to talk to an investigator, especially without an attorney present. Your wife's best bet is going to be to reach out to an experienced criminal defense lawyer to discuss the details of the investigation and... View More

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2 Answers | Asked in Criminal Law for Mississippi on
Q: A investigator has called my wife to come in for questioning. Does she have to go down there?

My wife and the investigator have past runnings and she is scared to go down there without advice from my lawyer.

T. Augustus Claus
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answered on Dec 29, 2023

If an investigator has contacted your wife for questioning, she is not obligated to go in for questioning without proper legal advice. It is within her rights to consult with an attorney before deciding whether to comply with the investigator's request. Seeking legal counsel is a prudent step,... View More

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1 Answer | Asked in Criminal Law for Mississippi on
Q: Is it considered ineffective counsel for a lawyer willfully withdrawing a motion to suppress my statement & not investig

Not interviewing any witnesses. The motions were filed but there's no ruling from the judge on my docket sheet.

James L. Arrasmith
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answered on Dec 25, 2023

The decision to withdraw a motion to suppress a statement and not interview witnesses may or may not necessarily be considered ineffective counsel on its own. It depends on the specific circumstances of your case. Attorneys often make strategic decisions during the course of a legal proceeding, and... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: how long does it take for my lawyer to get my motion of discovery?
Arthur Calderon
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Arthur Calderon
answered on Dec 13, 2023

It usually does not take very long. Typically, once the motion is filed, the state is obligated to produce the discovery quickly, and if they do not, then the defense lawyer could file a motion to exclude that evidence or request sanctions (including a potential dismissal) due to a discovery... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I got a felony drug charge on January 20 2023. And it's October 4 2023 and I still haven't been indicted for the charge.
Arthur Calderon
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Arthur Calderon
answered on Dec 13, 2023

It sounds like there may be the potential for a motion to dismiss based on lack of a speedy trial. Usually, the magic number is nine months before the delay is considered presumptively prejudicial. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... View More

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