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Mississippi Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on

Q: I had an accident and was transported to the hospital 6 months later I was picked up warrant for not showing up for

For court. The charge was DUI other but I wasn't tested, wasn't charged, booked in or etc. Was automatically found guilty when I missed court I knew nothing about what can I do.

Arthur Calderon answered on Jun 22, 2019

You need to contact a criminal defense lawyer ASAP, so that he or she can try and get the conviction overturns and force the prosecutor to start from scratch. Most lawyers on here, including myself, offer free consultations to see how we can help; however, you need to reach out to someone sooner... Read more »

1 Answer | Asked in Criminal Law for Mississippi on

Q: shoplifting from target in Mississippi

I was in target and took a $9.99 bracelet off of it's label because I thought it was a necklace and wanted to try it on. when I realized it was a bracelet I dropped the packaging and threw the bracelet in my bag because I was scared to leave evidence. as I was leaving an undercover employee... Read more »

Arthur Calderon answered on Jun 22, 2019

Your post is unclear, as there is no question? Were you ever actually charged with shoplifting?

1 Answer | Asked in Criminal Law for Mississippi on

Q: My nephew done 3 yrs in mobil Alabama prison then went to Mississippi. For 3 yrs. Alabama has another charge. He signd

A extradition waiver today. He was up for parole in July. So what I'm asking is first can they put another charge on him after he has already done his time in Alabama ? Second will the time he has served in Mississippi count for time served in Alabama? Thank u

Arthur Calderon answered on Jun 22, 2019

Yes, they can charge him with commission of another crime in another state; however, he will likely not receive any credit in Alabama for his conviction in Mississippi, as they are two different states with two different sets of laws.

1 Answer | Asked in Criminal Law for Mississippi on

Q: My bro. accused of putting gas in personal vehicle from State Ms pump last year he denied. No charge filed he agreed

To Retire. He was arrested 6/14/19 for embezzelment, no money for lawyer. No bond hearing set as of 6/18. In rankin county jail charged on all gas put in work truck. Amounts to $1,100 approx.

Arthur Calderon answered on Jun 22, 2019

He needs to see about trying to contact a private criminal defense lawyer or get with his public defender. Some lawyers, such as myself, work with their clients to figure out a payment plan to cover fees and expenses; however, your brother will need to contact the attorney.

1 Answer | Asked in Criminal Law for Mississippi on

Q: I conspired to commit a burglary but didn't go through with it and my codefendant did. Am i liable for the same offense.

Or am i just accountable for the conspiracy?

Arthur Calderon answered on May 19, 2019

It really depends on the facts and circumstances. From the sound of it, you have a decent defense already lined up, now it's just a matter of presenting the defense to the jury. I would highly recommend getting in touch with a criminal defense lawyer to further discuss, and refrain from putting... Read more »

1 Answer | Asked in Criminal Law for Mississippi on

Q: I have an aggravated assault charge from 1997, how can I get it expunged

I was a teenager when I got this charge and was tried as an adult. I haven't been in trouble since

Arthur Calderon answered on May 7, 2019

Unfortunately, because it is considered a violent crime, it cannot be expunged; however, it looks as though you are eligible for a certificate of rehabilitation, which would restore some of your pre-conviction rights. I would encourage you to reach out to an attorney to discuss further.

1 Answer | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Mississippi on

Q: It has been two weeks since I was able to talk to my wife in jail. She has no bond and is on suicide watch in Lee county

She just needs to hear my voice and speak with me. It will help her so much and she'll be better. They will not let me contact her anyway. What options do I have to speak with her? I am desperate

Arthur Calderon answered on May 6, 2019

Your only option, aside from visiting her during a set visitation day, would be to contact the jail about putting money on her books so that she can use the phone.

1 Answer | Asked in Criminal Law for Mississippi on

Q: How long does the court have tip answer a petition for hearing

Arthur Calderon answered on May 6, 2019

Your question is not very clear. The Court does not necessarily have to answer a petition. That being said, if you are requesting a hearing, you may want to simply contact the court and schedule one.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Mississippi on

Q: If u have 2 chargers of 97-3-7(3) (1)??? and u no u didnt do it.wat should i do in court? i no not guilty??? Right

Arthur Calderon answered on Apr 13, 2019

You should 1) plead not guilty, and 2) talk with a lawyer so that they can get some additional facts about your case and see how they can help.

1 Answer | Asked in Criminal Law for Mississippi on

Q: My son was charged with burglary of a vehicle, he is 18 and never been in trouble. What punishment is he looking at?

Arthur Calderon answered on Apr 13, 2019

He's looking at a little bit of jail time; however, that being said, he has been charged with a non-violent crime, which helps him for sentencing purposes. I would highly encourage you to reach out to an attorneys sooner rather than later, as there may be a way to ensure that your son 1) doesn't do... Read more »

1 Answer | Asked in Criminal Law for Mississippi on

Q: Can I download the forms for an expungement in Ms myself? What forms do I need?

Arthur Calderon answered on Mar 25, 2019

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.

1 Answer | Asked in Criminal Law and Divorce for Mississippi on

Q: If my wife's boyfriend showed up at my house what would happen if I shot to injury but didn't kill?

I've made it clear I don't want him at my house while she is moving her stuff out. If I show up and he is there, what would happen if I shot him in the knee or something but didn't kill him?

Arthur Calderon answered on Mar 18, 2019

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.

1 Answer | Asked in Criminal Law for Mississippi on

Q: I am charged with uttering forgery and pawing a stolen gun. First time arrested . Do I go to jail

Arthur Calderon answered on Mar 15, 2019

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,... Read more »

1 Answer | Asked in Criminal Law for Mississippi on

Q: Someone told me certain felonies in Mississippi allow you to own a fun for home protection only. Is that true?

Arthur Calderon answered on Mar 12, 2019

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.

1 Answer | Asked in Criminal Law for Mississippi on

Q: If you have 25 grams of marijuana but you said it was more before you was caught with the 25 grams of marijuana

I was made to sign a 5000 dollar felony bond for possession of marijuana with intent to distribute because I wrote a statement saying it was more then 25 grams before I was arrested for possession of marijuana

Arthur Calderon answered on Mar 10, 2019

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.

1 Answer | Asked in Criminal Law for Mississippi on

Q: In reference to Ms code: 99-33-9, can a JusticeJudge legally deny a requested jury trial when facing several years?

I was facing 4 years in jail and requested a jury trial in justice court. The judge denied my request. The law states I “may demand” a jury trial. Please review the code 99-33-9 and help me understand whether or not my constitutional right to a trial was violated?

Arthur Calderon answered on Feb 28, 2019

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.

1 Answer | Asked in Criminal Law for Mississippi on

Q: How much time can you serve in mississippi for felony habitual offender ?

He was on his knees hands in air when the officer walked up shot him close range in the back the passenger seen it all . Now trying to bring up past felony flee charges and charge him as habitual offender. He has been locked up 2yrs no court

Arthur Calderon answered on Feb 13, 2019

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... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on

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

I have not had any tickets or convicted of anything since then. I'm disabled amputation of arm and I live by myself on the main highway. I need a way to protect myself if needed to

Arthur Calderon answered on Feb 12, 2019

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... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Mississippi on

Q: OK so my fiance caught three charges the other day and I'm not sure I understand the seriousness...charges are possess

Charges of possession with intent to sell within 1500 ft of a church ; consealed evidence with intent to impair official procedure; conspiring to sell controlled substance

Arthur Calderon answered on Feb 10, 2019

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.

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