Lawyers, Answer Questions  & Get Points Log In
Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: If you are charged with MALICIOUS MISCHIEF and PETIT LARCENY And live in another state can you get years in jail or pro
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Oct 2, 2022

It really depends on the circumstances, such as whether the person has any previous convictions, amount of property damage, etc. That being said, with the right circumstances, it may end up being a situation where the charge could be nonadjudicated or dismissed with participation in a special... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: In Mississippi. how long does the state have to indict on felony Fleeing? I was arrested Dec 2020. 50k bond. No hearing
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long do they have to indict you in the state of Mississippi if you are still being held with no bond
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If a building has been condemned for 20 years can yoube charged with burglary of a commercial building or is there some

Kinda like abando laws that could help me with this

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 20, 2022

Generally, if the property is abandoned, it could still be considered burglary of a building if there was a breaking and entering with the intent to commit a crime within the building. That being said, depending on the circumstances, the charge could potentially be downgraded to a lower charge,... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Truck in my yard.Driver gets out choked and threw me on the ground,lies about why and arrested me.

Now I've been indicted and court is next month. There's two eye witnesses who stood by watching while this happened. The cop never identified himself as police.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 20, 2022

Since you've been indicted, the first thing that you need to do is get an experienced criminal defense lawyer, as simple assault on LEO cases are very tricky to navigate, and get more complicated as time goes by. There also needs to be an investigation as to excessive force, since that could... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Mississippi on
Q: Not giving my i.d. is that disorderly conduct if I'm sitting in my car in a parking lot?

He came up pulled me out my car as he was telling me why he was there I had found my wallet when he grabbed me it ended up on the ground

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 20, 2022

Typically, for it to be considered disorderly conduct, you have to be acting in such a way that it may disturb the peace of those around you.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How can you get bound over for criminal charges for something thats not even a law?

County DA even lied to GJ by telling them im a 2 time felon, which is completely not true. I have always been a citizen

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 16, 2022

Sadly, this is something that happens quite often. The best way to handle something like this is to make sure that the lawyer reviews your entire history and the discovery and file a motion to dismiss or otherwise challenge the DA's representations to the grand jury.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Mississippi on
Q: If my indictment is not marked "filed", nor signed or dated by the clerk, can the judge still convict me?

Ashwell v. State, 226 So.3d 69 (Miss.2017) made it clear that if my indictment is not filed then the judge don't have jurisdiction nor the authority to accept my guilty plea because the court failed to charge me with a crime. Why did the Miss. Supreme Court deny my writ of certiorari after... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 6, 2022

It really depends on the circumstances. Even though your indictment may not be marked as filed, the test to determine whether the court has jurisdiction is to see if there was ever an indictment legitimately filed in the circuit court.

1 Answer | Asked in Civil Rights and Criminal Law for Mississippi on
Q: Hi , I was wondering do the state of Mississippi issued warrant for your arrest for trespassing with out proof!!
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 27, 2022

The short answer is yes, it does happen. It is incredibly easy for someone to go press charges on someone, even without concrete proof of a crime. The real question is whether there is anything to support a finding of guilt. If it is just one person's word against another's, then you... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for Mississippi on
Q: Is this a bribe?: "if you state that you do not object to offender getting probation I will offer $200,000 restitution".

Drunk driver hit my vehicle

-killed my 4 year old son from fractured neck

-my 6 year olds spine snapped, and had internal bleeding from 3 organs

-i broke my right shoulder & suffered bilateral artery damage in my neck so high risk for blood clots in my brain... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 27, 2022

This is a tricky one, because it sounds as though it may come dangerously close to being one, not to mention there is a question as to whether the defendant's "offer" could be discharged via bankruptcy or some other means. That being said, I'd be curious to know whether there... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: My husband was pulled over refused a search so they took him to jail so they could search its been way over yr

Just now indited

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Aug 14, 2022

Sounds to me like your husband is definitely going to need to speak with a lawyer about the facts and circumstances surrounding his charges, as well as the search.

1 Answer | Asked in Traffic Tickets and Criminal Law for Mississippi on
Q: If I was given a very vague ticket for posses. with wrong info also , could i have the ticket dismissed ?

was pulled over by a cop who’s known to be dirty. he saw me at gas station, never says a word to me , but as soon as I pull out of parking lot pulls me over. Wasnt even maybe 5 yards from parking lot of store when he pulled me over. Never gave me a reason as to why , or asked me my name or my... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Mississippi on
Q: Can a cop give u a ticket for possession but under explanation only put N/A , and not specify what he found or how much
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can a cop put information on his police report but only put N/A under explanation on my ticket ?

Was given a ticket for possession but on the ticket it only says possession of controlled sub (, schedule 1 OR schedule 2)? Under explanation the police officer only put N/A , and nowhere on the ticket does it say what substance he found exactly. Or even the amount that he allegedly found anywhere... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

It is highly unusual for them to not put the controlled substance; however, the information should be further explained in a supplemental report. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the ins and outs of the case. While the wrong information... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can cops in mississippi issue tickets but never file them without getting caught or without it being known they didn’t
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

It can most definitely happen; however, it turns into a question of whether they ever file it and, if so, when they file it. The best thing to do will be to periodically check back with the court to see if the ticket was filed. That being said, if you were given a copy of a ticket with a court... Read more »

1 Answer | Asked in Insurance Bad Faith and Criminal Law for Mississippi on
Q: Have sum bad cops n sum cases wrtten a ticket bc u pissed them off but nvr filed bc they kno their procdure was unlawful
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

It can most definitely happen; however, it turns into a question of whether they ever file it and, if so, when they file it. The best thing to do will be to periodically check back with the court to see if the ticket was filed. That being said, if you were given a copy of a ticket with a court... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Please answer!! If I got a traffic ticket the same time as an affidavit will it still show up on myfinepayment.com ?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

Without knowing the ins and outs of how the website works, there is no way to know. Typically, on public information websites, the only thing that will show up are tickets and charges, and not necessarily affidavits.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Is Charge 1-41-29-144 Controlled Substance: Fraudulent Transfer/Possession of prescription a federal offense?

The case was dismissed on April 21, 2022, via Pre-Trial Diversion. How do I get my record expunged

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 27, 2022

If the case was dismissed via pretrial diversion, then the best thing that you could do to have your record expunged is get with a lawyer, who can draft and submit the necessary paperwork to get the case expunged.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Workers' Compensation for Mississippi on
Q: I know this is a long shot or if anything will come of this besides my answer I'm looking for or if anything can be done

I live in a small town in Mississippi as where the police dept I believe don't just do their job in some aspects but go far above and beyond the area of rights and I feel the deliberate disregard for one's rights giving the date place. And whom they are stopping!!! It's as if... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 24, 2022

Without more information, it's very hard to answer your question. Generally speaking, officers and prosecutors have a lot of discretion when it comes to prosecuting or pursuing charges against a person. Even if charges are filed, they can decide to drop the case or drop only certain parts of it.

1 Answer | Asked in Criminal Law for Mississippi on
Q: WHAT DOES INACTIVE SUPERVISION FROM PROBATION MEAN? THANK YOU
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 24, 2022

That should mean that even though the person is currently on probation, they do not have to check in with a probation officer on a regular basis.

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.