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Mississippi Criminal Law Questions & Answers
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
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 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 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

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can I get case dismissed if I haven't been indicated in 7 months
Arthur Calderon
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Arthur Calderon
answered on Dec 13, 2023

Possibly; however, 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 facts and circumstances of your case, or at the very least to get some additional... View More

1 Answer | Asked in Civil Rights and Criminal Law for Mississippi on
Q: Can you be guilty of voyeurism on your own property?
James L. Arrasmith
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answered on Dec 2, 2023

Yes, you can be guilty of voyeurism even on your own property. The key factor in voyeurism charges is not the location, but the act of observing or recording someone without their consent in a situation where they have a reasonable expectation of privacy.

This means that if you engage in...
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1 Answer | Asked in Child Custody, Divorce, Criminal Law and Family Law for Mississippi on
Q: My wife took our 1 yr old son to PA from MS because I wanted a divorce what would happen if I went and took him back

Mississippi residents I know there's no issue with a parent taking the child out of state without permission if there is no custody order so does that mean I can also bring him home from Pennsylvania since my wife and son are still Mississippi residents and we're still married she refuses... View More

William R. Wright
William R. Wright
answered on Nov 24, 2023

You are correct. Since there is no order in place, either parent may take the child wherever he or she wants. However, it is a bad idea for you to go to Pennsylvania and take the child back to Mississippi against your wife's will. There very well could be a physical confrontation that could... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I got a ticket for indecent exposure I was in my vehicle in a dark parking lot in the processes of pulling my pants up
James L. Arrasmith
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answered on Nov 9, 2023

If you have received a ticket for indecent exposure, it's important to review the specific circumstances and the law under which you were charged. Indecent exposure generally requires an intentional act of exposing oneself to another person in a public place. If the exposure was accidental or... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: What is Mississippi charges for sales of not more than 10 grams but not les than 2 grams for counterfeit sales of meth
James L. Arrasmith
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answered on Nov 9, 2023

In Mississippi, the sale of a counterfeit controlled substance, including a substance represented to be methamphetamine, can lead to criminal charges. If the amount involved is between 2 grams and less than 10 grams, it is considered a felony.

The specific charges and potential penalties...
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1 Answer | Asked in Criminal Law, Immigration Law and International Law for Mississippi on
Q: Q: Do I have to declare my two contempt of court charges if it was expunged on a Student Visa for Australia?

My two Contempt of Court charges were because I forgot to pay my traffic tickets and show up to court. But I got all of them expunged 3 years ago

James L. Arrasmith
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answered on Oct 15, 2023

When applying for an Australian student visa, you're typically asked about any criminal convictions, and this includes charges and their outcomes. While your contempt of court charges were expunged, some jurisdictions may still view them as part of your record. The general practice is to be... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: If a person receives the 5 year sentence for failure to register but not made mandatory by Judge, have to serve all 5?

The Judge did not order mandatory and prosecutor did not request it to be 5 year mandatory in Mississippi. So is the person not eligible under law for good time,

T. Augustus Claus
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answered on Oct 11, 2023

In Mississippi, if a judge does not specify that a sentence is to be served as "mandatory" or without the possibility of parole or early release, then the sentenced individual may be eligible for parole or other sentence reductions based on good behavior or other factors. "Good... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long does prosecution have to indict on Aggravated assault
T. Augustus Claus
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answered on Sep 22, 2023

In Mississippi, the statute of limitations for aggravated assault is generally two years from the date of the alleged offense. This means that the prosecution has two years to file charges against the accused. However, there can be exceptions or conditions that could extend or modify this period.... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: How to get sheriff dept to do thier job?

My friend passed away in her boyfriends front yard he didnt call 911 when she was found he was just sitting on the porch until he realized someone was there then he started pretending to ned help. she had been dead several hours at this point. on the porch where e was her purse was dumped out her... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

Under the circumstances you describe, you should assume you are a suspect and should retain a competent and experienced criminal defense attorney as soon as possible. You should also assume police will not give you all the information they have and that they may lie to you to gauge your reactions... View More

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