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Mississippi Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Does a time have to be on a felony search warrant in ms

The rule book says there much be a time on a warrant.

Arthur Calderon
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Arthur Calderon
answered on Nov 11, 2021

It depends on which portion of the search warrant that you are referring to, as well as the issuing court. If it is in federal court, usually the time frame in which the warrant can be executed is included. If it is in state, it is best practice for the issuing officer to include the date AND time... View More

1 Answer | Asked in Federal Crimes for Mississippi on
Q: How do you subpoena someone and evidence?
Arthur Calderon
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Arthur Calderon
answered on Nov 11, 2021

What you will have to do is draft a subpoena and present it to the court clerk for her to have it issued, then at that point you will have to have someone (not you if you are a party) serve it on the person.

1 Answer | Asked in Federal Crimes for Mississippi on
Q: Who can sign a felony affidavit in MS

Can the same person that signed a felony affidavit be who also signs off on the affidavit too?

Arthur Calderon
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Arthur Calderon
answered on Nov 7, 2021

In Mississippi, there are really only two people that can file a criminal affidavit: the first is the alleged victim of whatever crime is alleged; the second is an investigator or law enforcement officer. Usually, depending on the nature of the crime, it is an investigator who files a felony... View More

1 Answer | Asked in Car Accidents, Civil Litigation, Federal Crimes and Landlord - Tenant for Mississippi on
Q: My car was damaged at my apartment complex while parked and as a result of a comission of a crime

Could the Apartment Owners be liable for damages to my car. The Apt. Manager was informed several times in the past year of a person who was banned from Apts had been selling drugs

Tim Akpinar
Tim Akpinar
answered on Oct 15, 2021

A Mississippi attorney could advise best, but your question remains open for two weeks. It could be fact-specific in terms of security measures. There is no universal "yes" or "no" answer. Good luck

Tim Akpinar

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
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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 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
PREMIUM
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... View More

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
PREMIUM
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... View More

1 Answer | Asked in Federal Crimes for Mississippi on
Q: My fiance was charged with a sexual offense, later the girl admitted she lied, can the case against him be appealed?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Feb 10, 2021

It can potentially be overturned; however, your fiance will need to make sure that he follows a very particular procedure to present the information before the sentencing court in the hopes of having the sentence overturned. It would be in your fiance's best interest to see about talking with... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Mississippi on
Q: Can I go to jail if someone is stabbed in self-defense.

HE threatens to do harm to me and my family rushes at me to get to my sister I pull out a knife bring it too face level he sees it and still rushes at me he swings I dip low he impale himself on the knife I push him away raise it back up he sees it again he backs away starts fussing and we take him... View More

Joseph Abrams
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Joseph Abrams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2021

Self-defense, if established, is an affirmative defense and you would not be guilty of a crime. However, whether or not there was self-defense is fact specific. Based on the facts described in your question, there seems to be an opportunity to try to establish self-defense; however, ultimately, it... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: If you have a clean record can you go to jail for possession of firearm
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 5, 2020

No. If you do not have a felony conviction, then you cannot be arrested for possession of a firearm by a convicted felon.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Hello

If you got proof about a person stealing and proved it thru. The corporate office .and they acted on it into firing .an employee. And put pictures on Facebook just cause she .said things about this person .

Kevin Stewart
Kevin Stewart
answered on Jun 16, 2020

Based upon the information you provided, I am unsure of the question you are asking. Please be more specific when you resubmit.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: So if I had a third offense 20 years ago and went to prison for and a few more with in those 20 years after I got out

But the 5 year rule always a started me over so therefore it was always 1st offense so now over a 30 year driving career you can go back and charge me no matter when the offence happened call parchman and see if I can have the same bed I had 25 years ago

Kevin Stewart
Kevin Stewart
answered on Apr 29, 2020

I assume you are referencing the new DUI law that became effective a few years ago. For a person to be charged with a felony DUI 3rd offense, the offenses must have occurred within the past 5 years. This law is still good law as it relates to a 3rd offense; however, the legislature added a felony... View 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... View More

Arthur Calderon
PREMIUM
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... View More

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... View More

Arthur Calderon
PREMIUM
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... View More

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
PREMIUM
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;... View 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... View More

Arthur Calderon
PREMIUM
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... View More

1 Answer | Asked in Federal Crimes and Social Security for Mississippi on
Q: I need help finding a pro bono attorney to help me with starting a case against Mississippi CPS for fraud.

i just recently got out of CPS after being for 6 years, without my permission they have lied to me and taken money out of an account my dad had left for me for 6 years straight paying for things that the government should have, as they do with every other child in custody. So it does not feel right... View More

Peter N. Munsing
Peter N. Munsing
answered on May 1, 2019

'Contact the legal services/legal aid in your area for starters.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: My mom forged and delivered 5 opiate scripts during bipolar episodes. Whats your jail time guess?

She's Stage 5 manic bipolar with doctors records. She was arrested at the beginning of last year for forging and "cashing" 5 oxy scripts, and shes been indicted. She since has gotten on suboxone and moved to Louisiana in with me, and held a couple jobs, more than before. She has a... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jan 4, 2019

It really depends on how exactly she was indicted, and under what particular statute. You should consider getting with a criminal defense attorney so that you can discuss more of the facts and circumstances of her case. Feel free to reach out to any attorney on here by clicking the contact... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Ive been indicted without the DA or grand jury ever seeing case. For one charge, no history. Help! Calhoun County, MS

I am 100 % sure that no DA was present and no grand jury convened. An MBN agent serves as a do it yourself indictment dictator. They handed out 71 in one day..its about scaring people to a plea, then getting a conviction. They give probation and county gets the money. This has happened 100 if not... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Dec 24, 2018

You need to consider talking with an attorney sooner rather than later, as the next step will be setting up a trial. Most attorneys on here, myself included, are willing to provide a free consultation to discuss your case, at the very least to point you in the right direction.

1 Answer | Asked in Family Law, Child Custody, Federal Crimes and Internet Law for Mississippi on
Q: A relative used my user & pw for Facebook messenger & is using private pictures against me in court. Is this illegal?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Nov 18, 2018

It very well could be. You should probably bring that to your attorney's attention, so that it can be excluded.

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