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Mississippi Criminal Law Questions & Answers
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... View 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.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are there any laws on criminal defense against confidential informants? Laws that make evidence they provide inadmissibl

Any laws that stop that deem evidence inadmissible or impeaches the confidential informant?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 20, 2022

There are not any laws, at least not in the traditional sense, that make a CI's testimony inadmissible. In terms of the CI's testimony, a lawyer typically relies on case law and the rules of evidence to make an argument to a judge as to whether the CI's testimony should be... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long before a felony receiving stolen property in Mississippi must be thrown out from when i wad first charged?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 19, 2022

The answer to that question is more complicated than most people realize. Assuming that the person has already been charged, if a certain amount of time has gone by, then there is the potential for there to be a speedy trial violation, which in turn could lead to a potential dismissal of the... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: If police, do not follow the attorney general guidelines for the use of confidential informants what happen to case

Will informant and Case be inadmissible?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 19, 2022

It does not necessarily mean that the use of the informant or anything from the informant would be considered inadmissible; however, it does open the door for certain arguments to be made, especially to undermine the informant's credibility.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I think they trying serve me papers for bad checks, I haven't had a account in over 10 years with a bank

I haven't had any checks in over 10 years, and I'm trying to see is it a statue of limitations on that issue, plus I'm sure my hand writing isn't on them, I understand they was my checks, so I'm responsible, but I don't have any money, struggling at home keeping my 70... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 18, 2022

It really depends on whether you were ever arrested. If you were, then the statute of limitations does not apply; however, you may end up having a speedy trial issue given the length of time. Regardless, it is going to be in your best interest to either hire a lawyer or have a public defender start... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Mississippi on
Q: Should a lawyer tell you he isn’t the kind of lawyer you need before he tells you to take a open plea.

And also was told some of the charges where dropped but they wasn’t and got the papers after he was sentenced and a lot on it wasn’t true. And the judge made his discussion on letters that was sent in to him.the lawyer wasn’t a criminal lawyer and I have read before you take a open plea you... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 17, 2022

From the looks of it, there may be a potential avenue for post conviction relief; however, it always depends on the particulars of a given case. Your best bet is going to be to get with an experienced criminal defense lawyer to see what, if anything, can be done.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My nephew was told to take a open plea on a criminal charge from a lawyer that wasn’t a criminal lawyer, and the judge

Sentenced him the maximum he says on letters he received. Can the sentence be appealed? Isn’t that misrepresentation? He hasn’t been in no trouble like that and he also can’t read or write very well.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 17, 2022

Pleas generally cannot be appealed; however, depending on the circumstances, there may be an avenue for post conviction relief. Your best bet is going to be to get with an experienced criminal defense lawyer to see what, if anything, can be done.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Why would someone take a open plea ?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 17, 2022

There are pros and cons to taking an open plea; however, it always depends on the circumstances. For example, if the person is being charged for a nonviolent crime, and the prosecutor is offering too harsh of a plea recommendation, then the person may wish to enter an open plea in the hopes of... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: If the court does not allow me to challenge the grand jury In Mississippi doesn't that infringe on constitutional right.
Richard W. Noel
Richard W. Noel
answered on Mar 13, 2022

No. There's no constitutional right to challenging a grand jury. Your constitutional right is a finding of probable cause before charges against you can proceed. That's the job of the grand jury. There may be a mechanism in your jurisdiction to challenge. In mine, it is very difficult and... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I live in Indiana. I bought land in MS. Since I won't be living there, do I have to register?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 7, 2022

It is difficult to answer this question because you do not say why you would need to register. However, if you are under a legal duty to register, you will need to follow the requirements of the State and Court in which you were convicted. The best thing for you to do is contact your probation... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is a simple assault on a law enforcement officer conviction is the state of Mississippi a violent or non violent felony?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 6, 2022

In Mississippi, simple assault on a law enforcement officer is considered a violent felony.

1 Answer | Asked in Criminal Law for Mississippi on
Q: price of a lawyer for an expungement

price of a lawyer for an expungement for felony forgery, 12 years since completed probation, no new charges brookhaven MS

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 4, 2022

It always depends on the circumstances, particularly whether you do actually qualify for an expunction. Your best bet is going to be to reach out to a lawyer who has experience with expunctions and see if they are willing to work with you in terms of the pricing.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I was charged with DV disturbing the peace. Can I still buy guns

Am I allowed to have guns in other states? Theres so many different ways to look at it

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

Generally under federal guidelines, anyone with a Domestic Violence charge on their record won't pass a federal background check to purchase firearms.

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on
Q: Posession of 7.5 grams of psilocybin mushrooms in ms actually less. This includes the bag. It’s more like 3 grams.

Felony or misdemeanor?

Amounts?

Penalty?

Picked from growing naturally

Found in automobile upon traffic stop

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 26, 2022

It's really all going to depend on the amount/weight that the crime lab determines was involved. If low enough, then it would be considered a misdemeanor. Regardless, the main thing is, assuming that you have been legitimately charged, you get with an experienced criminal defense lawyer so... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Yes over two years ago I was arrested for a possession meth charg of haven't been to court I haven't been indicted or an

I have been given an attorney or anything I am talking to anybody about it how long do I have it's been two and a half years how long do I wait to see if they're going to dismiss it or they're going to take me to court

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 18, 2022

The statute of limitations for felony drug possession is 2 years unless you have absconded from the jurisdiction or have otherwise hidden your location such that you could not be served with an indictment.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long has Mississippi have to indict on a smal POS of meth charges

Was arrest over 2years still no indict

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 17, 2022

Even though Mississippi has a statute of limitations on certain actions, that statute of limitations on applies if there has been no activity on a particular case, specifically, an arrest. Since there was an arrest over two years ago, then they have met the statute of limitations. The question then... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Yes in to the state of Mississippi how long do they have to indict you
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 15, 2022

It depends on what crime you are accused of committing. Each crime has a statute of limitations; however, some have none. This question cannot be answered without knowing what the crime is.

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