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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: What is the most a male officer can search on a female??
Arthur Calderon
Arthur Calderon answered on Nov 28, 2020

It really depends on the circumstances, such as whether it was a stop and frisk or the search occurred in a correctional facility, as well as on other factors. Regardless, it is general policy that a female conduct intrusive searches on females.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are there specific papers for expungement petitions?

I have a misdemeanor in Hattiesburg, MS. The courthouse where it is located said that it may be eligible for expungement, but that they do not have the paperwork for the petition. The clerk informed me that I would need to write the petition for expungement myself and bring it to file. Are there... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 7, 2020

Unfortunately, there are very few, if any, expungement forms available online. Regardless, each expungement is different, and will require a thorough review to make sure that it complies with all of the statutory requirements. It is in your best interest to reach out to a criminal lawyer who has... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If you have a clean record can you go to jail for possession of firearm
Arthur Calderon
Arthur Calderon answered on Nov 5, 2020

No. If you do not have a felony conviction, then you cannot be arrested for possession of a firearm by a convicted felon.

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Mississippi on
Q: If you have a clean record can you go to jail for possession of firearm
Arthur Calderon
Arthur Calderon answered on Nov 5, 2020

No. If you do not have a felony conviction, then you cannot be arrested for possession of a firearm by a convicted felon.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Which city do I file record expungement request?

I have a three year old shoplifting misdemeanor in Mississippi. The charge was supposed to be non-adjudicated following a year, but the charge is still there. To have the record expunged, do I request it through the courthouse in the city where I live or through the courthouse in the city where the... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 5, 2020

You would have to request it through the court where you caught the initial charge and that issued the order for non-adjudication.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is 1.00 Grams of METHAMPHETAMINE considered a felony or a misdameanor in the state of Mississippi?
Kevin Stewart
Kevin Stewart answered on Jun 22, 2020

Meth is a schedule II controlled substance and 1.0 grams would be considered a felony carrying up to 4 years in prison.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Hello

If you got proof about a person stealing and proved it thru. The corporate office .and they acted on it into firing .an employee. And put pictures on Facebook just cause she .said things about this person .

Kevin Stewart
Kevin Stewart answered on Jun 16, 2020

Based upon the information you provided, I am unsure of the question you are asking. Please be more specific when you resubmit.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I’m out on felony bond I go Wednesday to get indicted will I be arrested again?
Arthur Calderon
Arthur Calderon answered on Jun 7, 2020

So long as the bond has to do with the indicted case, you should be good to go. Regardless, you may want to consider getting with a criminal defense lawyer as soon as possible, as it is not unusual for DAs to try and have the court review the bond immediately upon indictment. Feel free to reach out... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How can I request a continuance on my case without a lawyer, due to Covid-19, without having to be in court?

I have court on Tuesday May 26th. The court has already continued the trial twice now due to Covid-19. I have not been able to find council, nor can I afford an attorney with being without a job due to covid-19. So I need to request a continuance for those reasons and also because I don't... Read more »

Arthur Calderon
Arthur Calderon answered on May 22, 2020

Your best is going to be to contact the court and request the continuance, and explain to them the reasons for your request.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: How do I file for a certificate of rehabilitation in MS, through the circuit court?

December 2013 charged with 3rd DUI, May 2015 completed house arrest, october 16 completed probation.

Arthur Calderon
Arthur Calderon answered on May 18, 2020

You would need to file a petition for a certificate of rehabilitation with the circuit court. Be aware, though, that petitioning the court is not a guarantee that the judge will issue a certificate. The court typically considers several factors, such as the nature of the underlying conviction, how... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: If you have been sentenced to drug court and then ran with a 15 year sentence can you still go get an identification car
Arthur Calderon
Arthur Calderon answered on May 16, 2020

You should be able to get an ID card, since participation in drug court or a probation program does not limit your ability to obtain identification.

1 Answer | Asked in Criminal Law and Domestic Violence for Mississippi on
Q: Can I get into trouble in Mississippi if the person that has a restraining order against me picks up
Arthur Calderon
Arthur Calderon answered on May 16, 2020

Possibly. If there is a restraining order, then that means that neither one of you should be in contact or proximity to the other, otherwise you would be in contempt of court.

1 Answer | Asked in Criminal Law for Mississippi on
Q: In the state of Mississippi can you bond out on 2 felony grand larceny charges
Arthur Calderon
Arthur Calderon answered on May 16, 2020

It depends. If the two felony charges were caught at the same time, then yes, they should be consolidated into one bond. That being said, if the person was already out on a felony bond, and then caught new charges, they may be ineligible for bond, particularly if the first bond was revoked.... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have malicious mischief for 2,000 grand , it’s a misaremnor, can they upgrade the charge

Before I was arrested on the warrant I paid the sum way ahead of time , but the charge says misaremsnor

Kevin Stewart
Kevin Stewart answered on May 11, 2020

Malicious Mischief can be charged as a misdemeanor or felony depending on the value of the property destroyed. If the value of the property destroyed is in excess of $1,000.00 but less than $5,000.00, it shall be a felony punishable by a fine not exceeding $10,000.00 or imprisonment in the... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How much time does ( drive by) 1st ever in contact with law
Kevin Stewart
Kevin Stewart answered on May 11, 2020

I assume you are referencing a drive by shooting. The law concerning this is covered in MS Code 97-3-109. A conviction of this offense is a felony and carries up to 30 years in prison and a fine up to $10,000.

I would advise speaking with a criminal defense attorney immediately and further...
Read more »

1 Answer | Asked in Criminal Law and Divorce for Mississippi on
Q: I need help with divorce and criminal charges
Kevin Stewart
Kevin Stewart answered on May 11, 2020

Please feel free to contact our office to discuss both of these matters.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If a person has been unlawfully kept in prison for over 20 years for accessory to car stealth what can we do.

The car wasnt stolen it was loan by the daughter of the owner.who was white and the Mayor. The guys were black and he did not want her in the relationship

Kevin Stewart
Kevin Stewart answered on May 8, 2020

Definition of the crime of car theft is addressed in MS Code § 97-17-42. However, the penalties for car theft are based on the value of the car and are set forth in MS Code § 97-17-41. The maximum prison sentence is 20 years if the value of the car was $25,000 or more. Therefore, if he has been... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: What is an intervening decision to overcome a procedural bar or time bar?
Kevin Stewart
Kevin Stewart answered on May 8, 2020

I do not completely understand the question and need a little more information to provide a better decision; however, an intervening decision could mean a ruling by a court subsequent to your specific issue being addressed that has a direct impact on your issue. As it relates to overcoming... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: In MS, does each individual criminal charge come with a different case number? such as 20-20-###.

Back in February, a friend of mine was arrested by his PO officer accompanied by the DTF when she made a home visit. Numerous charges including felon in poss of firearm, drug poss charges, etc. On ALL of the original paperwork with the judge's signature signing off for the warrants and... Read more »

Vic Carmody Jr
Vic Carmody Jr answered on May 8, 2020

An indictment can have multiple counts (charges) listed under the same cause number. For example, at the top will be the cause number (Cause No 2020-1234) and below will be each charge (Count I - Felon in Possession of a Firearm, Count II - Possession of Controlled Substance, etc.) Each count will... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: What percent of time will you do for a violent crime in Mississippi
Kevin Stewart
Kevin Stewart answered on May 4, 2020

Mississippi Code 47-7-3.2 directly addresses your question.

§ 47-7-3.2. Release of convicted person

(1) Notwithstanding Sections 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, no person convicted of a criminal offense on or after July 1, 2014, shall be released by the department until...
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