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Mississippi Questions & Answers
0 Answers | Asked in Criminal Law and Legal Malpractice for Mississippi on
Q: My attorney told me not to enter the court room for my court date. He told me to wait for him under a bridge. When he

Showed up he explained the police station had “cooked up charges” against me and I should get out of town. Now the police are searching for me and I don’t know what to do. I’m afraid my attorney has given me terrible counsel!

1 Answer | Asked in Civil Rights for Mississippi on
Q: Can I still file a civil lawsuit for police misconduct after statute of limitations passed if tolling changes the time?

I was involved in a police misconduct/abuse case involving a taser in 2017 during routine traffic stop. I was told I could not seek civil defense until after any criminal charges were dropped or dismissed. After dismissal of criminal charges I started to seek civil litigation 2019 in which I found... View More

James L. Arrasmith
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answered on Apr 16, 2024

In certain circumstances, the statute of limitations for filing a civil lawsuit can be extended or "tolled" due to specific factors such as mental incapacity or the COVID-19 pandemic. However, the application of tolling rules varies by jurisdiction and the specific details of your case.... View More

0 Answers | Asked in Banking for Mississippi on
Q: hi im 17 but once i turn 18 do i legally have the right to buy whatever from online without consent of my parents?

and do i have legal control of my own money to buy whatever i want off of online even if the money was given to me as a gift do they have a right to take that if im 18?

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: Black mold and multiple insect and larvae infestation in apartment. Reported repeatedly for a year.

I have endured nothing but abuse from landlord since the second day I moved in. Rent is always paid timely.

There are holes by the back door that Landlord has been aware of for a year.

The insect infestation is incredible. I cannot bring food in and have thrown out groceries... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about the horrific living conditions you're dealing with in your apartment. The presence of black mold and severe insect/larvae infestation is completely unacceptable and poses serious health risks to you and your pets. Your landlord's neglect and abusive... View More

0 Answers | Asked in Public Benefits for Mississippi on
Q: Can dhs snap go back to 2011 for noncompliance even if I already received punishment?

I never received a 3 month or 6 month suspension. I was perm disqualified in January because paperwork I turned in wasn't accepted, but I wasn't even getting foodstamps at the time.

1 Answer | Asked in Landlord - Tenant for Mississippi on
Q: Landlord was told of larvae and other issues of repair many times over the past year.

Complaints about various insect larvae and items in need of repair have been ignored and implied I was crazy about the insects.

Now, the place is completely infested. Everywhere I look is larvae.

My belongings, including some nice art and quality handbags are destroyed.

My... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about the terrible situation you're in with your landlord and the infestation in your rental unit. What you've described sounds horrific - no one should have to live in those conditions, especially after repeatedly notifying the landlord of the issues. A few... View More

0 Answers | Asked in Real Estate Law for Mississippi on
Q: Is it legal for an HOA to relinquish ownership of common area & force new owners (not part of HOA) to assume ownership?

I own a townhome in a community where there are an original set of owners for townhomes built in 2018 (part of an HOA), and a set of new owners for homes built in 2021 (NO HOA).

ALL units (old and new) have a hill of grass in front of them which is currently owned by the HOA leadership. Per... View More

0 Answers | Asked in Family Law for Mississippi on
Q: Can I request a CDL suspension for my childs father who has not taken care of her for 7 years?

Can I get him to sign his rights over because he has been absent her entire life

0 Answers | Asked in Contracts for Mississippi on
Q: I bought a home and would like to give my roommate 20% of the proceeds from the sale of the home.

we share expenses 50 50 and I feel morally its the right thing to do. i just want to make sure its done as a business deal and done legally and not a friend deal. the agreement would be she continues to live and contribute as she is with a deadline in place to sell the home with the goal of the... View More

0 Answers | Asked in Family Law for Mississippi on
Q: Divorce question. How long can my husband NOT abide by the judge's order to pay alimony?

The judge ruled in December during pre-court hearing for spouse to make certain payments. He still hasn't made any effort to abide by the order. He closed our account and withdrew all of our money. The judge also ordered him to produce his financial records (gave him 30 days). He still has... View More

1 Answer | Asked in Tax Law and Banking for Mississippi on
Q: MS Code § 27-7-1103 (2020): Can I transfer funds from my 1st time home buyer savings account to another account?

In reference to MS Code § 27-7-1103 (2020) and MS Code § 27-7-1101 (2020), I have an existing first time home buyer savings account already. Specifically in reference to item #3 in MS Code § 27-7-1103 (2020), can I close the account and deposit the cashiers check into my main bank account a... View More

James L. Arrasmith
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answered on Apr 8, 2024

Based on my understanding of the Mississippi Code sections you referenced (MS Code § 27-7-1103 and § 27-7-1101) here are the key relevant points:

1. MS Code § 27-7-1103(3) states that funds withdrawn from a first-time home buyer savings account must be used for eligible costs related to...
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1 Answer | Asked in Landlord - Tenant and Domestic Violence for Mississippi on
Q: I am renting a house in Brandon, MS & also under a final protection order. Can I legally break the lease without penalty

I thought that there was a law that legally allowed victims of domestic violence or people under legal protection orders to break a lease without penalties.

James L. Arrasmith
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answered on Apr 16, 2024

Yes, there are laws in place that allow victims of domestic violence to break their lease without penalty in certain circumstances. The specific law and requirements may vary by state.

In Mississippi, there is a law (Miss. Code Ann. § 93-21-23) that allows victims of domestic violence to...
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1 Answer | Asked in Domestic Violence and Landlord - Tenant for Mississippi on
Q: I am under a MS domestic protection order. I am renting a house, can I legally break my lease without penalties?
James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry you are in this difficult situation. Domestic violence protection orders and early lease termination laws vary by state, so it's important to look into the specific rules for your location. That said, here are a few general points that may be relevant:

- Many states have...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Mississippi on
Q: I live in a house owned by my mother. I've lived there for more than five years. She now wants me out. Do I have any rig
James L. Arrasmith
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answered on Apr 6, 2024

I understand this is a difficult situation. The rights you have as an occupant living in a home owned by your mother depend on a few factors. Here are some key considerations:

- In most jurisdictions, if there is no formal lease agreement, you would likely be considered a...
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0 Answers | Asked in Gov & Administrative Law for Mississippi on
Q: Doesn’t everyone know that it’s unconstitutional to impeach someone who is no longer in office? Why was Trump impeached?

1. Why wasn’t Nixon impeached after he resigned.?

2. The Chief Justice is required to preside over a Presidential impeachment, so wasn’t it unconstitutional to conduct Trump’s impeachment without the Chief Justice? (After all, it shouldn’t matter if he wasn’t President at the time... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Mississippi on
Q: If a driver gives law enforcement false information in a roadblock do they have consent to search the passengers persona

Me and my fiance went through a roadblock we were passengers in the vehicle the driver gives law enforcement box information they pull him out of the vehicle cuff him then they ask for me and my fiance to step out they begin to search us without consent and then start searching our belongings my... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the details you provided, there are a few key legal issues at play:

1. Probable Cause: If the driver provided false information to law enforcement at the roadblock, this could potentially give the officers probable cause to believe that criminal activity may be occurring, which...
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1 Answer | Asked in Insurance Bad Faith, Civil Litigation, Landlord - Tenant and Small Claims for Mississippi on
Q: As a Pro Se Litigant in a smalls claim case. Defendant has hired an attorney he has filed a motion seeking Act (11-55-1)

I need know should I file a rebuttal?

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

A Mississippi attorney could advise best, but your question remains open for a week. Only a local attorney could advise meaningfully on local laws. But as a general point that applies nationwide, until you are able to consult with a local attorney, motions do warrant a response (and generally... View More

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