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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: Is it possible to have a guilty misdemeanor conviction of “Contributing to the Neglect of a Child” expunged in MS?

If yes, is there a waiting period post conviction?

Arthur Calderon
Arthur Calderon answered on Jul 5, 2021

It is certainly possible, provided that it is indeed a misdemeanor. Typically, you have to wait at least a year after all of the terms and conditions of your conviction are satisfied in order to get an expunction.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My daughter is afraid he will take her son and ran because he has made threats to do so and he has the means to do it.
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jun 24, 2021

I’m not sure what the question is, but I will tell you that steps can be taken to prevent him from doing so. If after that, he does, then your daughter will have recourse to retrieve her son and punish the ex.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can a person under 13 yrs of age be charged with a crime in MS? Specifically a felony.

In the case of Buddy the dog, the sheriff stated a minor under 13yrs can't be charged with a crime, but on your page someone asked about a 12 yr old and it was said that yes they can be charged with their crime and taken to jail. What was done to Buddy was a felony offense and the boy should... Read more »

Arthur Calderon
Arthur Calderon answered on Jun 13, 2021

It really depends. Typically, a minor can be charged with a felony, but where they end up depends on what the underlying crime is. If it is non-violent, the minor will typically go to youth court; however, if it is a violent crime, it will typically go to circuit court. Regardless, assuming that... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: My boyfriend was arrested in November of 2020 and remains incarcerated at the pike county jail. He has not been indicted

How long can he be held without being indicted

Arthur Calderon
Arthur Calderon answered on Jun 13, 2021

It really depends on a few things, such as whether your boyfriend was already out on bond when he got arrested, what was the nature of the underlying charge, etc. Regardless, unless it is a capital offense or he was already out on bond, he should be entitled to pretrial release. That being said, if... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Ms law for 2 felony shoplifting now charge with misdemeanor. On probation and did time for the 2 others got golden seal
Arthur Calderon
Arthur Calderon answered on May 30, 2021

I'm not entirely sure what you are asking; however, from the looks of it, you would benefit by having a criminal defense lawyer to discuss the facts of your case with you and see what can be done to get you the best possible outcome.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Sell, delivery, transfer of stolen firearm is what I was charged with gun had no firing pin will this help my case
Arthur Calderon
Arthur Calderon answered on May 30, 2021

Likely not. Even if it does not have a firing pin, usually it is still treated as a gun transaction. Your best bet it going to be to get with an experienced criminal defense lawyer to see what the facts of your case are and see what can be done to help you out.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If I was under the age of nineteen when I was charged with a sexual battery am I eligible for parole ?
Arthur Calderon
Arthur Calderon answered on May 30, 2021

It depends. If you were simply charged and never convicted, then you would not be on parole. However, if you were convicted, then it depends on what you were actually sentenced to and how it is structured.

1 Answer | Asked in Federal Crimes, Criminal Law and Divorce for Mississippi on
Q: I have a friend and he is in jail for a 10000 felony theft of property n a attempt of Court charge how long do you think

Phil Phillips in Mississippi Hernando Jail

Arthur Calderon
Arthur Calderon answered on May 30, 2021

It really depends on where he is at in the process. If he has not been indicted and was not already out on a felony bond, then he should be eligible for bond now. It is in your friend's best interest that he contact an experienced criminal defense lawyer so that he can talk about the facts of... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: My friend was charged with possession and the task force is demanding that he set someone up but he was already arrested

He had 3.5 grams of meth

Arthur Calderon
Arthur Calderon answered on Apr 14, 2021

Your friend does not have to cooperate with the task force. Depending on the circumstances, they may be able to avoid jail time and having this go on their record; however, it will depend on whether they have any priors, if there were other charges, etc.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: On a burglary charge is there a lesser charge to plea to because i was the driver and unaware of a burglary happening
Arthur Calderon
Arthur Calderon answered on Apr 14, 2021

It depends on the type of burglary; however, it is not uncommon for there to be a change to something like trespassing or accessory after the fact.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Mississippi on
Q: My brother just got sentenced, how do I go about filing an appeal? Or what do we need to do?

Would we be able to hire a lawyer to do an appeal on his case?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

Your brother will have 30 days to file a Notice of Appeal. Although your brother has the right to file an appeal on his own, it is advisable to hire an attorney to assist him with this so that he does not miss deadlines and/ or other rules that are in place for appeals.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are secret indictments still able to take place in Mississippi
Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

Yes. Typicaly, indictments remain secret when the accused is either unable to be located (and wasn't previously arrested) or there is a co-defendant that remains at large.

1 Answer | Asked in Criminal Law and Juvenile Law for Mississippi on
Q: Does the degree of murder have to be specifically stated in a plea bargain petition?

The plea bargain petition offered by the state didn't specify what degree of murder I'd be pleaing guilty to.

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

Typically, yes; however, there is some case law that says that as long as the degree of murder is discussed during the plea hearing, then that may end up taking care of any defects in the underlying plea petition.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My Husband was charged with Natrual Life on case with 3 others he did not shot or kill anyone and he got the most?

He did not kill no had no gun and was lied on by a co defendant who should of been impeached for lying and he had 2 mis-trials and should of had on on 3rd but lawyer was not doing his job properly

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

These types of cases are always tricky, especially when there have already been multiple trials. Has your husband filed an appeal? If so, what were the grounds?

1 Answer | Asked in Criminal Law for Mississippi on
Q: Why would a judge not offer a first time drug offender drug court in Mississippi?

My little brother was sentenced 8 years with 3 suspended. He was not given offer of drug court in court on a sale charge only prison time. He had talked with his presenting lawyer for two days and while in court the next time his lawyer wasn’t there another lawyer presented with “I’m your... Read more »

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

It really depends. If you pleaded out, which it sounds like he did, then the possibility of getting post conviction relief is incredibly low. That being said, it sounds like there was a lot of miscommunication between your brother and the various lawyers. I'd be curious to know why he... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If you are charged in the state of Mississippi for possession of meth as a Misdemeanor how much jail time would you do
Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

You are looking at very minimum jail time on a charge like this. That being said, depending on the circumstances, you and your lawyer may be able to arrange it to where you can avoid a conviction and having this go on your record.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I’m being charged with aggravated assault with a deadly weapon and 2 counts of shooting at a motor vehicle no one hurt?

I have no prior charges or criminal records what are my possibilities?

Arthur Calderon
Arthur Calderon answered on Mar 29, 2021

With aggravated assault, that is considered a violent crime. From the looks of it, the DA is going to try to add firearm enhancements to the charge, which could lead to serious jail time. The biggest problem, though, is that even though this would be your first felony, if you are convicted and... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If my husband took a plea 60sec before the jury came back with a not guilty verdict should he still be sentenced.
Arthur Calderon
Arthur Calderon answered on Feb 18, 2021

Unfortunately, in these types of situations, once the plea was accepted by the Court, then it became almost impossible to take it back, since a plea is an acknowledgement of guilt.

1 Answer | Asked in Criminal Law and Traffic Tickets for Mississippi on
Q: I was riding with someone. The Officer found pills that were not mine in floor on my side. Is it lawful to charge me.

I owned up for possession of marijuana which was mine. The driver didn't own up for his pills and neither did I, but I got charged

Arthur Calderon
Arthur Calderon answered on Feb 5, 2021

First, be very careful about any information that you put on a forum, even this one. As to your question, it is very typical for law enforcement to charge everyone with possession of a controlled substance, especially if they cannot pin it on one particular person. The problem that they will run... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have 3 misdemeanor shoplifting charges and I want to plead guilty and pay the fines but I can not go to jail

I have small children and I can't go to jail

Lance Mixon
Lance Mixon answered on Jan 30, 2021

Many judges across the state have a policy a mandatory jail time to serve, even on one (1) first offense lifetime shoplifting charge. 1 is serious enough, but 3 will surely raise red flags with the court. My advice is to contact a criminal defense attorney to discuss options.

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