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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: I haven't been to court for a disturbing the family peace charge. The woman that pressed charges is dead.

Can I still be prosecuted?

Arthur Calderon
Arthur Calderon answered on Apr 16, 2020

You can still be prosecuted, but you now have a strong argument that the case should be dismissed because the complaining witness is dead. Your best bet is going to be to get with a criminal defense lawyer to discuss the case a little further, and determine whether this is something that you may be... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: What proof does the court need to prove a commercial burglary

A friend left there car at my house overnight and it claiming I broke into it while it was here. But there was nothing stolen from the inside and the doors were still locked when it was picked up. The door had been tampered w though.

Arthur Calderon
Arthur Calderon answered on Apr 10, 2020

That would not qualify as commercial burglary. If the state were to pursue autoburglary, they would have a tough job ahead of them, since there was no entrance into the vehicle and nothing stolen.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I am going to court for possession of methamphetamine ( less than a gram)...first offense. What do I need to expect?
Arthur Calderon
Arthur Calderon answered on Mar 9, 2020

Hopefully, if you haven't already, you've gotten a lawyer to walk you through the process. At the first hearing, they will ask you whether you plead guilty or not guilty. Depending on your background, your lawyer may be able to arrange so that you 1) avoid jail time, and 2) avoid this... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: I am a convicted felon, I was in my girlfriends car and got pulled over. I wasn't aware she had a gun in there and was

Charged, how do I beat this case?

Arthur Calderon
Arthur Calderon answered on Feb 29, 2020

These types of charges are always tricky, because it depends on a lot of different questions. Was the gun registered to her? Was the car hers? How long had the gun been there? Where exactly in the vehicle was the gun? These are questions that should definitely be addressed, as they help build your... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Can A Person In Mississippi Be Charged For A Conspiracy When Its Only That Person An A Confedential Informant

My Brother Sold Pills To A CI on two Occassions which it was only a total of 6 Pills for the CI personal use. Wasnt no one's or nothing else involve except my brother an The CI. On the second sale my brother was arrested for sale of a control substance an also Conspiracy. He was charge with... Read more »

Arthur Calderon
Arthur Calderon answered on Feb 29, 2020

That is exactly correct. If the conspiracy only involves the accused and a confidential informant, and no other person, then the accused cannot be charged with conspiracy, except under very particular circumstances. Your brother's best bet is going to be to reach out to a criminal defense... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: I was accused of burglary of a shed but I never stepped foot on said property. Can I beat this.

I picked up a lady on the road who was at this property. She was in possession of things from property.

Arthur Calderon
Arthur Calderon answered on Feb 2, 2020

It really depends on what all evidence that they may have against you. If it is just that you picked up someone and they did not communicate what they did, then there is a decent chance that an experienced criminal defense lawyer can beat it.

1 Answer | Asked in Criminal Law for Mississippi on
Q: One simple assault charge 4 years ago

I got a simple assault misdemeanor charge 4 years ago, otherwise clean background. My punishment was a $110 fine. In the event the other person reports this to my job, will one misdemeanor charge that long ago affect employment as I’ve already passed a background check?

Arthur Calderon
Arthur Calderon answered on Jan 26, 2020

It very well could affect your job. That being said, assuming you haven't gotten into any trouble since your conviction it looks like you would qualify for an expungement of the charge off of your record. You may want to consider reaching out to a lawyer to discuss further.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: What is the minimum charge for Mississippi (97-9-72(B))?

Officer randomly got behind me and cut on lights. After trying to figure out his intentions knowing I did nothing wrong I got scared and took off but once reality began to sink in I pulled over and stopped. He got me out of the car but never said why he was trying to stop me. No body was hurt and... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 25, 2020

It really depends. Since you said grand jury, that would mean that they are treating this as a felony, which means that they are alleging that you drove in a dangerous manner. If that is the case, you are looking at a max of 5 years in MDOC custody and a $5k fine. That being said, I'd be... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How hard is it to get 99-19-81 off of someone so they will be eligible for parole in the state of Mississippi

Is it possible for an attorney to go back to court for someone and have that removed off of the sentence

Arthur Calderon
Arthur Calderon answered on Jan 25, 2020

Unfortunately, it is incredibly unlikely. Typically, with there being an 81 habitual enhancement, the only way that it can be removed from a sentence is if it was put into the sentencing order in error.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I was charged with felony possession approx 1/2 gram of meth.first offense no previous record what should I expect?

I was pulled over for tag light out

Arthur Calderon
Arthur Calderon answered on Jan 22, 2020

Being that this is your first offense, the chances of you facing hard time is pretty slim; however, it's going to take some negotiating with the DA's office where you were arrested. Depending on additional factors, you may be able to qualify for an alternative to sentencing which would 1)... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Mississippi on
Q: If a patient was sexually assaulted in the hospital is the hospital responsible for the employee's actions if being sued
Arthur Calderon
Arthur Calderon answered on Jan 16, 2020

Quite possibly. I would highly encourage you to reach out to an attorney to talk more about the facts and circumstances. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers offer free consultations to see how we can help out.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can the police arrest you for a misdemeanor charge? Poss. Of paraphernalia

I was booked, arrested, had my vehicle towed, and had to pay a bondsman to get me out of jail for the misdemeanor charge of poss. Of paraphernalia. Is that an arrestable offense when it's the only thing they've charged you with?

Arthur Calderon
Arthur Calderon answered on Jan 16, 2020

Unfortunately, it is an arrestable offense. Typically, the only items that law enforcement will not arrest a person for are minor traffic violations, with the exception of DUI.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are you supposed to be offered an attorney in a misdemeanor trial?

I plead not guilty to a poss. of paraphernalia charge. I was never asked about an attorney and the next time I went to court I was put on the stand to testify. I apologized to the judge for being nervous stating I knew nothing about a trial taking place today because if I did I would have had an... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 12, 2020

Yes, you have an absolute right to have an attorney there to assist you. If you cannot afford one, then the court is supposed to go through an analysis and determine whether you qualify for a court appointed attorney. The other thing that I am seeing is that they made you testify, which you have... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If an inmate was held 14 months with no charges and/or indictment denied bail for a hold that did not exist.

Was finally able to bail out 9/23/19 . Was indicated 10/28/19. Constitution says inmates have to be indicted within 180 day.

Arthur Calderon
Arthur Calderon answered on Jan 2, 2020

There are multiple issues presented in this scenario. First, I would be curious as to the underlying charges, since you are entitled to reasonable bail (unless it is a capital crime). The other issue is the one that you pointed out, which is that they have a certain time frame to bring your case to... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Mississippi on
Q: I was arrested for possession, and my gun was confiscated. What do I need to do to get my gun back?

First time offense. Legally own the firearm. Also how do I keep the offense off of my record. All of this occurred in Mississippi.

Arthur Calderon
Arthur Calderon answered on Dec 16, 2019

You need to reach out to an attorney sooner, rather than later. The first thing that I wonder is whether you have already been convicted. Regardless, a lawyer may be able to help, but it is going to depend on the actual charge and current status of the case.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Im wondering how I need to go about seeing if I can purchase a rifle. I was on probation in 2015 with the code 99-15-26

I plead guilty to a arson charge and served two half’s probation

Arthur Calderon
Arthur Calderon answered on Dec 16, 2019

As a convicted felon, Mississippi law does not allow you to possess a firearm or any other type of deadly weapon. That being said, depending on the age of the conviction, as well as other factors, you may be able to get a certificate of rehabilitation, which would allow you to possess a firearm;... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: In Mississippi...is 2nd degree murder a mandatory day for day sentence?

Or does it recieve 30/30 or any goodtime?

Arthur Calderon
Arthur Calderon answered on Dec 2, 2019

Unfortunately, because second degree murder is considered a crime of violence, it is considered a mandatory sentence, and is not eligible for certain reductions under MDOC guidelines.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How do I know if my name is on the docket for grand jury indictment in webster county mississippi

I'm not sure if I've been indicted or not. My name wasntbon the docket my last court date.

Arthur Calderon
Arthur Calderon answered on Dec 2, 2019

You could call the circuit clerk and ask if your name is on the list for presentation to the grand jury. Regardless, though, I would highly recommend that you contact a criminal defense lawyer so that you can get ahead of the ball before your indictment. Assuming certain criteria are met, your... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: What should we do to prepare for a child abuse case after a child was molested?

My sister was arrested on a child abuse charge after finding out 2 underage boys (ages 10 and 13) were molesting her 7 year old daughter. She tried to have a sit down with the parents of the boys which turned into her physically harming one of the boys. She now has court December 3rd. We do not... Read more »

Arthur Calderon
Arthur Calderon answered on Nov 27, 2019

She needs to get a lawyer ASAP. Even though her response was understandable given her background, they will likely try to go after her for either simple assault or aggravated assault. Ideally, it would end up being a simple assault charge, as that is a misdemeanor, but without more information, it... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can a person be charged with a D.U.I. while riding a bicycle on a public roadway.
Arthur Calderon
Arthur Calderon answered on Nov 27, 2019

Likely not, as it is not a motor vehicle. That being said, they can likely be charged for public drunkenness, depending on the circumstances.

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