Mississippi Criminal Law Questions & Answers
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.
Q: If I broke in my fathers house 13 years ago went to prison and it was non violent are my rights reinstated
Arthur Calderon's answer
No. You will need to get with an attorney to expunge your record. Feel free to reach out to any attorney on here. Most firms, including mine, are glad to offer a free consultation to guide you in the right direction.
No. You will need to get with an attorney to expunge your record. Feel free to reach out to any attorney on here. Most firms, including mine, are glad to offer a free consultation to guide you in the right direction.
Q: I recently got a misdemeanor embezzlement charge and I had to pay 717.25 to get out of jail I have court in the morning
Arthur Calderon's answer
If you pay restitution, then you have to pay the full amount that was alleged to have been embezzled. I'm more concerned as to whether you are pleading guilty, rather than seeking to have this kept off of your record. Given the nature of the charge, you may want to consider getting an attorney (or requesting a continuance to get an attorney), so that you can further discuss options to keep this off of your record.
If you pay restitution, then you have to pay the full amount that was alleged to have been embezzled. I'm more concerned as to whether you are pleading guilty, rather than seeking to have this kept off of your record. Given the nature of the charge, you may want to consider getting an attorney (or requesting a continuance to get an attorney), so that you can further discuss options to keep this off of your record.
Q: On my indictment for possession of meth does the actual weight have to be in said indictment
Arthur Calderon's answer
Unfortunately, no, they do not have to put the exact weight of drugs into the indictment; however, that may be something that a criminal defense attorney can attack once they receive discovery from the State.
Unfortunately, no, they do not have to put the exact weight of drugs into the indictment; however, that may be something that a criminal defense attorney can attack once they receive discovery from the State.
Q: Do they have to put the precise weight of drugs in your indictment on a possession charge?
Arthur Calderon's answer
Unfortunately, no, they do not have to put the exact weight of drugs into the indictment; however, that may be something that a criminal defense attorney can attack once they receive discovery from the State.
Unfortunately, no, they do not have to put the exact weight of drugs into the indictment; however, that may be something that a criminal defense attorney can attack once they receive discovery from the State.
Q: I was charged with receiving stolen property but I got indicted for burglary how did that work
Arthur Calderon's answer
The State has discretion when deciding how to indict someone; however, that does not necessarily mean that they will be able to prove beyond a reasonable doubt that you committed burglary. I would be curious to see the indictment and how they phrased it. Keep in mind that depending on whether it's burglary of a dwelling or burglary of any other structure, it could be considered a violent crime, which means that any sentence that you get would be day-for-day.
The State has discretion when deciding how to indict someone; however, that does not necessarily mean that they will be able to prove beyond a reasonable doubt that you committed burglary. I would be curious to see the indictment and how they phrased it. Keep in mind that depending on whether it's burglary of a dwelling or burglary of any other structure, it could be considered a violent crime, which means that any sentence that you get would be day-for-day.
Q: Has a new law concerning early release or probation of an inmate convicted of a violent crime been passed?
Arthur Calderon's answer
There is no new law concerning crimes of violence. As it stands, a person convicted of a violent crime is ineligible for any sort of early release.
There is no new law concerning crimes of violence. As it stands, a person convicted of a violent crime is ineligible for any sort of early release.
Q: Can you beat false pretence cases in Mississippi. And how
Arthur Calderon's answer
That's a very tricky question, without additional facts. Your best bet is going to be to get with an attorney to discuss the facts and circumstances, as well as to talk about any potential defenses.
That's a very tricky question, without additional facts. Your best bet is going to be to get with an attorney to discuss the facts and circumstances, as well as to talk about any potential defenses.
Q: If someone admits that he acted alone and told police that very thing. Shouldn't the other party not be charged?
Arthur Calderon's answer
This is a very common problem. At the end of the day, it all hinges on what the investigation shows, regardless of what one person may end up saying. That being said, even though a person may be charged, if another person is taking all of the blame, that gives a lot of ammunition for a potential trial on the issue.
This is a very common problem. At the end of the day, it all hinges on what the investigation shows, regardless of what one person may end up saying. That being said, even though a person may be charged, if another person is taking all of the blame, that gives a lot of ammunition for a potential trial on the issue.
Q: Do they offer more than one plea deal?
Arthur Calderon's answer
It really depends on the DA, and how aggressive your attorney is at pursuing a satisfactory plea deal.
It really depends on the DA, and how aggressive your attorney is at pursuing a satisfactory plea deal.
Q: Need to know about my probation status,Need to file identity theft Because of incarceration, time served, grounds I hv
1 Answer
| Asked
in
Consumer Law, Criminal Law and Identity Theft
for
Mississippi
on
Answered on Nov 8, 2018
Answered on Nov 8, 2018
Arthur Calderon's answer
There's not a whole lot that an attorney can go off of to answer your questions. You may want to consider reaching out to an attorney privately.
There's not a whole lot that an attorney can go off of to answer your questions. You may want to consider reaching out to an attorney privately.
Q: Have several questions reguarding my identity Apparently identity theft Time served on false pretense charges
1 Answer
| Asked
in
Consumer Law, Criminal Law and Identity Theft
for
Mississippi
on
Answered on Nov 8, 2018
Answered on Nov 8, 2018
Arthur Calderon's answer
You may want to consider reaching to an attorney on here if you have questions concerning any pending charges. Most attorneys, myself included, are happy to provide a brief consultation.
You may want to consider reaching to an attorney on here if you have questions concerning any pending charges. Most attorneys, myself included, are happy to provide a brief consultation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
