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Mississippi Questions & Answers
2 Answers | Asked in Federal Crimes and Criminal Law for Mississippi on
Q: I got stopped and had 4 grams of meth on me and a pipe what should I do before court
Arthur Calderon
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Arthur Calderon
answered on Dec 30, 2023

First and foremost, the first thing you need to do is get a lawyer. Having the pipe is the lesser crime of the two, since prosecutors typically go after the controlled substance charge more than anything. That being said, there are some ways to minimize any potential jail time that you may end up... View More

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2 Answers | Asked in Federal Crimes and Criminal Law for Mississippi on
Q: I got stopped and had 4 grams of meth on me and a pipe what should I do before court
James L. Arrasmith
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answered on Jan 13, 2024

If you've been stopped and are facing drug-related charges, it's essential to take certain steps before your court appearance. First and foremost, consult with a criminal defense attorney immediately. They can provide legal guidance and represent your interests in court.

Do not...
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2 Answers | Asked in Criminal Law for Mississippi on
Q: A investigator has called my wife to come in for questioning. Does she have to go down there?

My wife and the investigator have past runnings and she is scared to go down there without advice from my lawyer.

T. Augustus Claus
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answered on Dec 29, 2023

If an investigator has contacted your wife for questioning, she is not obligated to go in for questioning without proper legal advice. It is within her rights to consult with an attorney before deciding whether to comply with the investigator's request. Seeking legal counsel is a prudent step,... View More

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2 Answers | Asked in Criminal Law for Mississippi on
Q: A investigator has called my wife to come in for questioning. Does she have to go down there?

My wife and the investigator have past runnings and she is scared to go down there without advice from my lawyer.

Arthur Calderon
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Arthur Calderon
answered on Dec 30, 2023

The previous answer is exactly correct. In these situations, there is no set obligation to talk to an investigator, especially without an attorney present. Your wife's best bet is going to be to reach out to an experienced criminal defense lawyer to discuss the details of the investigation and... View More

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1 Answer | Asked in Criminal Law for Mississippi on
Q: Is it considered ineffective counsel for a lawyer willfully withdrawing a motion to suppress my statement & not investig

Not interviewing any witnesses. The motions were filed but there's no ruling from the judge on my docket sheet.

James L. Arrasmith
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answered on Dec 25, 2023

The decision to withdraw a motion to suppress a statement and not interview witnesses may or may not necessarily be considered ineffective counsel on its own. It depends on the specific circumstances of your case. Attorneys often make strategic decisions during the course of a legal proceeding, and... View More

2 Answers | Asked in DUI / DWI and Traffic Tickets for Mississippi on
Q: I got ticket for reckless of driving and dwi when I went to court they never called me and the clerk could not find me

Could not find me in there system what should i do

T. Augustus Claus
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answered on Dec 19, 2023

If you received a reckless driving and DWI ticket in Mississippi, and the court cannot locate your information, take the following steps: contact the court clerk's office to inquire about your case, verify the accuracy of your ticket details, and consider seeking legal advice, especially if... View More

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1 Answer | Asked in Criminal Law for Mississippi on
Q: how long does it take for my lawyer to get my motion of discovery?
Arthur Calderon
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Arthur Calderon
answered on Dec 13, 2023

It usually does not take very long. Typically, once the motion is filed, the state is obligated to produce the discovery quickly, and if they do not, then the defense lawyer could file a motion to exclude that evidence or request sanctions (including a potential dismissal) due to a discovery... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I got a felony drug charge on January 20 2023. And it's October 4 2023 and I still haven't been indicted for the charge.
Arthur Calderon
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Arthur Calderon
answered on Dec 13, 2023

It sounds like there may be the potential for a motion to dismiss based on lack of a speedy trial. Usually, the magic number is nine months before the delay is considered presumptively prejudicial. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can I get case dismissed if I haven't been indicated in 7 months
Arthur Calderon
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Arthur Calderon
answered on Dec 13, 2023

Possibly; however, usually the magic number is nine months before the delay is considered presumptively prejudicial. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the facts and circumstances of your case, or at the very least to get some additional... View More

1 Answer | Asked in Traffic Tickets and DUI / DWI for Mississippi on
Q: will a old ticket i got taken off be brought up in court if i got reprimanded a second time

I got a speeding ticket about a year ago, and I got it fixed where I wasn't ordered to court or pay a fine and was told if I got reprimanded again, the judge would bring it up and make me pay the speeding ticket. is that true? The ticket I got taken care of was just speeding, and my new ticket... View More

T. Augustus Claus
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answered on Dec 12, 2023

Whether an old ticket can resurface in court for a new offense in Mississippi depends on factors like the judge's discretion and your driving record. While there may not be a specific law requiring it, judges can consider past infractions during sentencing. Your previous speeding ticket, even... View More

1 Answer | Asked in Banking for Mississippi on
Q: If I received insurance check for storm damage can bank cash and hold check because of lack of signature?

Insurance check made out to mortgage company and me, I signed and deposited check, bank cashed check but put hold on it until mortgage company signs, mortgage company won't sign until check reissued by insurance company. Check issued Feb. 2023. Insurance says can't reissue because bank... View More

Anthony DiUlio
Anthony DiUlio
answered on Dec 6, 2023

While I do not practice in Missouri, generally speaking, you will want to contact the Missouri Department of Insurance who should be willing to step in to assist. I see no reason that the mortgage company wouldn't be willing to sign off on the original check, for your back to cancel the... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Mississippi on
Q: If police search your car and cause damage to it are they free of responsibility for the damages?

The police pulled my car stereo out of the dash and broke the frame that holds it in. Even though the search was clean they said they are not financially responsible for the damages.

James L. Arrasmith
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answered on Dec 5, 2023

When police conduct a search of a vehicle and cause damage, they are not necessarily free from financial responsibility for the damages caused. The specific circumstances of the search, including its legality and the manner in which it was conducted, are key factors in determining liability for any... View More

1 Answer | Asked in Civil Rights and Criminal Law for Mississippi on
Q: Can you be guilty of voyeurism on your own property?
James L. Arrasmith
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answered on Dec 2, 2023

Yes, you can be guilty of voyeurism even on your own property. The key factor in voyeurism charges is not the location, but the act of observing or recording someone without their consent in a situation where they have a reasonable expectation of privacy.

This means that if you engage in...
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2 Answers | Asked in Bankruptcy for Mississippi on
Q: AGREED ORDER SUSTAINING OBJECTION TO EXEMPTIONS can anyone tell me what this means thanks

Based on Debtors’ Schedule A/B and valuation of $120,000.00

placed on the subject real property and, based on Claim #21 in the

amount of $37,739.40 filed by Bank of Commerce evidencing a deed of

trust lien on said property, it appears to the Court there is approximately... View More

James L. Arrasmith
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answered on Nov 27, 2023

An "Agreed Order Sustaining Objection to Exemptions" typically means that there was a challenge to the exemptions claimed by the debtors in their bankruptcy case, and the court has issued an order regarding this objection. In this context, it appears that the court has recognized that... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Q: Can I be charged with kidnapping or any other crime in Pennsylvania for bringing my son home if his home state is MS

If I go get my son back from Pennsylvania where my wife has taken him can I be charged with kidnapping or any other crime from the Pennsylvania side the childs home state is Mississippi also assume there was no physical confrontation between me and my wife I go to Pennsylvania I get my son and I... View More

William R. Wright
William R. Wright
answered on Nov 26, 2023

I am not aware of all of the facts, and since I am not your attorney, I hesitate to give you advice on that question. I will say, hypothetically, that if there is no court order, I don't see how you could be charged with kidnapping. Again, I don't know all of the facts, and I am not your... View More

1 Answer | Asked in Child Custody, Divorce, Criminal Law and Family Law for Mississippi on
Q: My wife took our 1 yr old son to PA from MS because I wanted a divorce what would happen if I went and took him back

Mississippi residents I know there's no issue with a parent taking the child out of state without permission if there is no custody order so does that mean I can also bring him home from Pennsylvania since my wife and son are still Mississippi residents and we're still married she refuses... View More

William R. Wright
William R. Wright
answered on Nov 24, 2023

You are correct. Since there is no order in place, either parent may take the child wherever he or she wants. However, it is a bad idea for you to go to Pennsylvania and take the child back to Mississippi against your wife's will. There very well could be a physical confrontation that could... View More

1 Answer | Asked in Contracts and Admiralty / Maritime for Mississippi on
Q: I've just become aware of title 18 usc 242-245 under color of. And the 12 persumtions of the bar guild,and admirality.

Under admiralty law of the water and being pursumed lost at sea.and being charged under corporate codes,statutes,Public policy,misrepresentation of name,none discloser.fraudelent ,communist democracy,operated out of Dobos Switzerland, and administered from fleet street Egland,for the bishopric of... View More

James L. Arrasmith
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answered on Nov 18, 2023

The concepts you're referring to, such as admiralty law applying to individuals and notions of being "lost at sea" or governed by "corporate codes" under a "communist democracy" operated from Switzerland or England, are not recognized principles in United States... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Mississippi on
Q: Could I have a case of racial profiling? I was publicly searched and held by police at a store for shoplifting.

I am a black female. I was wearing a hoodie and sweat pants. Seemed like I was being watched as soon as I entered the store. Before leaving the store two officers approached me and told me to hand over my purse in front of the entire store. The officer also lifted my hoodie. After being searched... View More

T. Augustus Claus
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answered on Nov 16, 2023

In your case, it is certainly possible that you were racially profiled. The fact that you were a black female wearing a hoodie and sweatpants and that you were being watched as soon as you entered the store suggests that your race and clothing may have played a role in the officers' decision... View More

1 Answer | Asked in Child Custody, Juvenile Law and Family Law for Mississippi on
Q: Can CPS terminate a parent's rights for no reason
T. Augustus Claus
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answered on Nov 14, 2023

No, CPS (Child Protective Services) cannot terminate a parent's rights for no reason. CPS can only terminate a parent's rights if there is evidence that the parent has abused or neglected the child. Abuse includes physical, sexual, or emotional abuse. Neglect includes failing to provide... View More

1 Answer | Asked in Civil Rights and Education Law for Mississippi on
Q: Is it legal for teachers to lead prayer before lunch everyday?

Teachers at our sons public school lead prayer everyday before lunch and maybe more but that’s all I know about at the moment. We are not affiliated with that religion so we do not want our son being unwillfully subjected to this. While we respect the religion we don’t condone him being put in... View More

James L. Arrasmith
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answered on Nov 12, 2023

In the United States, the Constitution's First Amendment, which includes the Establishment Clause, generally prohibits public school teachers, who are government employees, from leading prayers in public schools. The U.S. Supreme Court has consistently held that public schools cannot sponsor... View More

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