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Mississippi Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: My brother-in-law was murdered and the guilty party went free due to withheld information by the DA, what can I do?

The guy who killed my wife’s brother was tried and released because of lack of evidence. Later on it was discovered that the DA withheld evidence that would have found him guilty. Now he can’t be retried for the same case and my wife’s family don’t see any way to receive justice for the... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 15, 2022

Unfortunately, if the suspect has been tried and acquitted, he cannot be retried. You could sue him civilly, but that would probably not do you any good as he is more than likely unable to pay any Judgment. It seems that the only justice for your loved one would be to work to have the DA voted out... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: My boyfriend is on probation in Mississippi. Can his probation be violated without going before a probation hearing?
Arthur Calderon
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Arthur Calderon
answered on Feb 6, 2022

Typically, if a probation officer intends to revoke a person's sentence, they will first detain the person, at which point they are required to bring the defendant in front of a judge within a certain amount of time so that they can actually revoke the person's sentence.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How can someone get a copy of all evidence, court records, court transcripts, etc. to help a case?

I’m trying to help my man out on his case & want to know the best way to obtain any information possible on the case. I’ve tried numerous website in the county, surrounding areas and state. I am not having any luck getting the information. I am not in the same state as the inmate so I know... View More

Arthur Calderon
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Arthur Calderon
answered on Jan 27, 2022

Your best bet is going to be to contact the local court clerk and see if they would make a copy of the entire court file for you; however, be warned, they will likely charge a copying fee for the entire file, which could run considerably high.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have a question if im guilty of food stamp fraud will i go to jail
Arthur Calderon
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Arthur Calderon
answered on Jan 16, 2022

It really depends on the facts and circumstances of your case, as well as your background. Regardless, it is most definitely going to be in your best interest to get with an experienced criminal defense lawyer sooner rather than later.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Does the violent code have to be on your indictment to be considered a violent offender?
Arthur Calderon
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Arthur Calderon
answered on Jan 13, 2022

No. With the way that it works in Mississippi, there are certain crimes that are statutorily automatically considered violent felonies, so it would not have to be included on an indictment that the underlying crime is considered a violent crime.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Would possession of Viagra be considered a possession of a controlled substance charge in the state of MS?
Arthur Calderon
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Arthur Calderon
answered on Jan 13, 2022

Assuming that you do not have a valid prescription for it, if you were arrested and had it in your possession, you very well could be charged with possession of a controlled substance or some other related crime.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If I haven't been to court since I've been arraigned a year ago shouldn't my case be thrown out by now
Arthur Calderon
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Arthur Calderon
answered on Jan 13, 2022

Not necessarily. Even though a person has been arraigned and some time goes by, that does not automatically mean that the case gets thrown out. Rather what that does do is strengthen the possibility of there being a speedy trial violation, since the State only has a certain amount of time to take... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Police served warrant but had wrong address on it. The confiscated property similar to someone's stolen property

If burglary victim has no serial numbers and my iyltems are similar how can i b charged with burglary or theft

Arthur Calderon
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Arthur Calderon
answered on Jan 9, 2022

It really depends on several factors, such as who the warrant was meant to be served upon. While there is nothing necessarily wrong with it having the wrong address on it, it really depends on how far off the address is, and more importantly who it was meant for. The other thing to consider is what... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: If you have dropped charges on a individual and the state has took the case do you still have to go to court and testify
Arthur Calderon
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Arthur Calderon
answered on Jan 4, 2022

It really depends on a few different things; but mostly, it depends on whether the state has issued a subpoena to have you appear and testify. Assuming so, the subpoena is effectively a court order requiring your appearance.

2 Answers | Asked in Criminal Law for Mississippi on
Q: Are repo drivers allowed to be confrontational?

I was at a gas pump and a repo truck rolls up and both guys get out prior I hop in my car trying to leave at this point one of them is trying to block me from leaving and the other one opens the drivers door and is pushing his arm in my neck attempting to get keys out of the ignition I was able to... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 4, 2022

No, repo men are not allowed to cause a public disturbance and/or assault you. You may want to consider pressing charges against the men individually and pursuing an action against the repo company and/or your creditor.

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1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for Mississippi on
Q: Pulled over in MS and had 30 grams of Marijuana, 0.1 grams (one tenth) of methamphetamine, and about 15 x pills on them.

The person they were riding with had their gun in the car so the charges were enhanced? First time offender so what's the worst case scenario? What kind of time are they looking at?

Arthur Calderon
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Arthur Calderon
answered on Jan 2, 2022

They are looking at some considerable time, given the number of dosage units involved. That being said, even with a firearm enhancement, there is still a possibility of having it resolved with minimal or no jail time; however, it all depends on the circumstances. I would highly recommend reaching... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Mississippi on
Q: My husband was sentenced to life without parole for murder. His rights were violated, what can we do?

He was sentenced to life without parole in Mississippi. 4 of his first amendment rights were violated and evidence came up missing during trial. What steps should we take to get his sentence reduced?

Arthur Calderon
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Arthur Calderon
answered on Dec 21, 2021

There is very little in terms of getting his sentenced reduced if he was found guilty for murder. Given what you have said, it may be worth it to look into a motion for post conviction relief, assuming that his lawyer has exhausted all appeals.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: How much time is he looking at if it was a year later after he got caught

My husband and one of his friends got caught spotlighting and a gun was in the truck. They took the gun gave it back to his dad. He went to court, paid his fine and that was it, a year later the feds got him for it. He had already went to court over it .what's going to happen

Arthur Calderon
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Arthur Calderon
answered on Dec 21, 2021

There really is no telling, without knowing the exact charges on the federal side. Even though he may have paid a fine in state court, if there is a violation of federal law, then the relevant federal agency can also pursue it.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Municipal Law for Mississippi on
Q: If an officer does not have on body and car cam and also does not read me my Miranda Rights what happens to the case.
Arthur Calderon
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Arthur Calderon
answered on Dec 13, 2021

It would severely weaken the prosecution's case; however, it does not necessarily make it go away. What ultimately happens depends on the facts and circumstances that occurred, as well as what is presented at trial.

1 Answer | Asked in Criminal Law for Mississippi on
Q: In Mississippi's law how much money is required for a felony robbery
Arthur Calderon
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Arthur Calderon
answered on Dec 3, 2021

In Mississippi, there really is no money requirement for it to be considered robbery. All that is required is taking something from someone's person by violence or threat of violence.

1 Answer | Asked in Criminal Law, Animal / Dog Law, Domestic Violence and Medical Malpractice for Mississippi on
Q: I have been accused of and charged with Simple Domestic Violence... She's lying as to how she obtained a bump on her ey

After I was taken away my exgf, who's invitation was recended to my home... used a non authorized key.... She stole 2 phones and an I pad that was basically new all individually worth over $500 and I want to discredit her as well due to the fact she's a habitual liar and a theif...

Arthur Calderon
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Arthur Calderon
answered on Dec 3, 2021

From the looks of it, you have a case that should go to trial, particularly given the circumstances of her entering your home. Your best bet is going to be to contact an experienced criminal defense attorney to walk through the facts and circumstances of what happened, especially when it comes to... View More

1 Answer | Asked in Criminal Law and Family Law for Mississippi on
Q: Is it legal for a conservator "borrow" money from their conservatee's bank account, and put it back later?

Conservator took money out of her ward's bank account without telling her. When ward checked bank balance, she noticed money missing. conservator stated that she needed to borrow it and told her ward, "Don't worry, I will replace it".

Arthur Calderon
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Arthur Calderon
answered on Dec 3, 2021

A conservator is supposed to act in the best interest of the ward, which means that a bank account that belongs to the ward should not be used as a source of funds for the conservator, even if the conservator is using it as a loan.

1 Answer | Asked in Criminal Law for Mississippi on
Q: My girl friend is in jail for contempt of court because she was in jail somewhere else when her court date came up
Arthur Calderon
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Arthur Calderon
answered on Dec 3, 2021

From the sounds of it, the best thing for your girlfriend would be to go before the judge and explain that she was unable to appear due to being detained elsewhere, as well as provide documentation showing where she was and how long she was there.

1 Answer | Asked in Criminal Law for Mississippi on
Q: is it legal for law enforcement to arrest me on a house burglary and gun trafficking charge and then release me without

is it legal for law enforcement to arrest me on a house burglary and gun trafficking charge and then release me without having to bond out with a understanding for me to.get guns back i sold in the state of Mississippi with the deal of them lessening my 4 house burgerly charges down to 1 Count (all... View More

Arthur Calderon
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Arthur Calderon
answered on Nov 18, 2021

It is certainly possible for them to lessen the charges in exchange for your cooperation; however, in situations like those, it is still best to have a lawyer make sure that they stay committed that arrangement.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Does an inmates parole eligibility date expire? My husband was sentenced to 5 years with 2 to serve and 3 on papers.

He has served 2 years and 7 months, his eligibility date was July 22, 2021 but his file still hasn't been reviewed. I've called the parole board several times and they tell me they will put him on the add on docket but haven't done that yet. He hasn't been in any trouble since... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 16, 2021

There is no time limit or expiration when it comes to reviewing his eligibility for release, and they would notify him in writing if there was a denial. In light of the recent changes to the law governing parole eligibility, there is a very good likelihood that the board has not yet had an... View More

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