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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Can a person be sentenced as an Habitual Offender pur. Miss. Code Ann. Sec 99-19-83 without evidence at hearing

During the sentencing hearing the State failed to submit any competent evidence that defendant qualified under M.C.A. section 99-19-83

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

Usually, the state has to put forth evidence of the prior convictions in order for the 83 enhancement to apply; however, they can get around that if the defense stipulated to the prior convictions.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Does Mississippi law deprive the circuit court of jurisdiction when the multi-count indictment fails to charge a crime?

The multi-count indictment failed to charge an essential element of armed robbery. But through jury instructions the elements was submitted via constructive amendment.

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

That's a big one. If the indictment failed to charge an essential element, then that should mean that the indictment was fatally defective, and therefore subject to dismissal. If there is a substantive amendment, then that would mean that it would be required to go before a grand jury, rather... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Mississippi on
Q: Is it possible under Mississippi Law for a single defendant to be convicted of conspiracy?

Three Defendant’s was charged with conspiracy to committ armed robbery and aggravated assault via multi-count indictment but only one defendant was convicted of conspiracy

Arthur Calderon
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Arthur Calderon
answered on May 19, 2022

Mississippi does recognize what is called a unilateral conspiracy; however, the prosecution has to be very particular about what they allege and how the facts lead to a conspiracy. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Mississippi on
Q: I am facing trafficking charges possession of cocaine meth and marijuana dui and speeding
Arthur Calderon
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Arthur Calderon
answered on May 13, 2022

That's pretty rough, especially since the trafficking charge carries a mandatory minimum. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts of the case and see what can be done.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: My fiancé has 3 counts of receiving stolen firearms but she wasn't caught with any weapons and they didn't find any gun

Is there a way we can get her bond reduced or any other way to get her out. She is willing to do whatever it takes to get home to me and the kids

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 13, 2022

It really depends on the facts of the case. Assuming that your fiance is a first time offender, then there is a greater likelihood of her getting her bond lowered to something more reasonable. I would be more concerned about why law enforcement is charging her when she did not have them in her... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Mississippi on
Q: What would happen if someone is under 21 and has weed?

How much jail time are you looking at?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on May 13, 2022

Even though they are under 21, they could still be facing some jail time; however, it always depends on the circumstances, like the amount of weed, circumstances of the person having the weed, etc. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Mississippi on
Q: What is a bench trial?

Judge Trial

Arthur Calderon
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Arthur Calderon
answered on May 1, 2022

I bench trial occurs when a party waives their right to a jury trial, and allows a particular matter to proceed to trial with just the judge, meaning that the judge makes all decisions regarding the law AND concerning facts.

1 Answer | Asked in Constitutional Law, Criminal Law and Personal Injury for Mississippi on
Q: If police takes two years to turn case over to da office . Can I sue for not investigating.

I had a person walk in my yard point gun at me and said you know what I am here for . Then beat me with gun . Police came and two years later still had not helped me.

Andrew Charles Burrell
Andrew Charles Burrell
answered on Apr 5, 2022

Under MS law, you would have only 1 year to sue a police department. However, they do not have a time line in which to complete an investigation as toward charging the person with a crime. Your injury claim may be barred against your neighbor as well as it is going to be defined as a intentional... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: In ms what constitutes proof of armed robbery? Can a person be convicted based solely on written statement of accuser?

The accused was not found in possession of or linked to ever physically being in possession of any of stolen items nor was the any witnesses nor any video or audio evidence of alleged crime. There were three other alleged robbers who were not identified nor charged. So it is just victims word... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 4, 2022

With the way that it works in Mississippi, a person can be convicted based on the testimony of one eye witness; however, there is usually different things that have to be taken into account, such as how familiar the witness was the accused, the conditions at the time, etc.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If there are 5 people involved in a crime and a person went to prison for 3 years got out had 5 years left and was payin

For the restution and they come picked him up do he have to serve time for the other people and pay there fines

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2022

Usually not. Each person who is sentenced can only serve the time for which they were sentenced and pay the fines that the court ordered for their particular case.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Mississippi on
Q: If I withdraw guilty plea in court, and public defender and prosecution tells me the judge will suspend time but doesn't

I withdrew my guilty plea and prepared to walk out of court, the public defender and prosecution team came to me and told me the judge would suspend time from my sentence which the public defender previously stated, but when I finished the plea the judge didn't suspend time, am I entitled to... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2022

This is something that happens quite a good bit. Unfortunately, even though the prosecution and the defender may agree to a particular recommendation, the judge is not required to accept that recommendation. Usually, during the plea hearing, the judge will ask a series of questions to make sure... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: Lawyer promised judge would suspend time in open plea and the prosecution team did as well, but the judge did not.

I plead guilty but had a change of heart and withdrew the plea, I was about to walk out of court and the prosecution team and public defender came to me saying the judge would suspend time, but when I went back to plea he gave the maximum time offered from prosecution.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2022

This is something that happens quite a good bit. Unfortunately, even though the prosecution and the defender may agree to a particular recommendation, the judge is not required to accept that recommendation. Usually, during the plea hearing, the judge will ask a series of questions to make sure... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Mississippi on
Q: Can a judge instruct prosecution to use a withdrawn guilty plea against me in court if I wish to continue to trial?

Judge instructed prosecution to use my plea against me if I wished to go to trial shortly after I withdrew the plea. As I was about to walk out of court, my public defender and the prosecution team told me I should go forward with the plea, and the judge would suspend time off my sentence when... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2022

This is something that happens quite a good bit. Unfortunately, even though the prosecution and the defender may agree to a particular recommendation, the judge is not required to accept that recommendation. Usually, during the plea hearing, the judge will ask a series of questions to make sure... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: In mississippi can you be sentenced as habitual if you didn't go to prison for 1 of the 3 felonies and got probation.

Mississippi law says in order to be sentenced as habitual, you have had to serve 2 prior felony convictions of more than 1 year in a "penal institution". But what if one of those felonies were served and completed on probation?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 2, 2022

You can be sentenced as a habitual offender. The only qualifier is whether a person was sentenced to any felony where the punishment could be at least a year in a penal institution, which would include probation.

1 Answer | Asked in Criminal Law for Mississippi on
Q: What is a typical charge for a expungement? My charge was possession of precursors with intent. This happened in 12/2001
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 27, 2022

Expungements themselves are relatively straightforward and inexpensive when compared to other criminal-related matters. I would highly encourage you to reach out to an experienced criminal defense lawyer so that you can discuss the circumstances surrounding the charge, its status, etc.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Ms code 99-15-26 b2 When defendant is put on pretrial diversion program shall the court release the bail bond
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 23, 2022

Pretrial diversion is something that is separate and apart from regular nonadjudication, which the referenced statute deals with. With pretrial diversion, the case is still considered open, and there is typically not any admission of guilt, as much as there is participation in the program with the... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Ms code 99-15-26 b2 -3 When a defendant is put on pretrial diversion program shall the court release the bail bond ?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 23, 2022

Pretrial diversion is something that is separate and apart from regular nonadjudication, which the referenced statute deals with. With pretrial diversion, the case is still considered open, and there is typically not any admission of guilt, as much as there is participation in the program with the... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on
Q: I was charged with felony DUI in 2001, in MS. Is there NE chance I would be able to get my rights back, to hunt & vote?

I was charged in the state of MS, felony DUI. I’m a resident of FL. I was told I would need to go thru MS for this. I’ve been in No trouble whatsoever since this, and as a result of this dui, I haven’t had even a single sip of any alcohol either. This is coming up on 20 years ago that this... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 22, 2022

You will need to hire an attorney for this. The petition will need to be filed in Attala County because that is where you caught the charge. Any attorney in the state can handle this for you.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My son is charged with agg assault. He doesn't work and needs a lawyer. Are there any that will take him pro bono?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 21, 2022

He can sign an affidavit with the court stating that he is indigent, is unemployment, and owns no property. The court will appoint him a public defender.

1 Answer | Asked in Criminal Law for Mississippi on
Q: When I got convicted in 2015,an the HB 585 already passed can the judge take upon himself to sentence me to the 2013 law
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 21, 2022

You were sentenced pursuant to the statute that was in place at the time the crime was committed. The new statute does not apply to crimes committed before it was signed into law, unless it specifically states that it is to be applied retroactively.

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