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Mississippi Questions & Answers
1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: If I suspect my neighbor picked up my dog and has kept her - what can I do ? Can I take them to court
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 25, 2021

Yes, you can take them to court. You can contact law enforcement to file criminal charges and/or file a civil action.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: I’m court ordered through DHS to get $160 but I barely get it. If I closed the case & used a lawyer could I get more?

He has like 5 other child support cases but his oldest two kids are grown. My child is 10. He feels like as long as I have him on child support through dhs he doesn’t have to do anything else so he wants me to close my case so that the arrearage won’t add up. He keeps changing jobs and... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 24, 2021

First, if you drop the case with DHS, the arrearage will continue to accrue. Second, generally, child support is based on a net income figure for the paying parent and any previously court-ordered child support, not the number of children he has. If his older children have emancipated, they cannot... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Mississippi on
Q: pulled over in mississippi all police found was a used syringe and wrote ticket for paraphernalia wat can i do about it
Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

As much as I hate to give a lawyer answer, the short answer is that it depends. Perhaps most importantly is that it depends on what you told the officer, as well as why there was a syringe in there to begin with. If you or someone you know requires the syringe, and it was simply left in there, then... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Traffic Tickets for Mississippi on
Q: Can a cop pull someone over because it appears they have no seatbelt, then give tickets for marijuana and paraphernalia?

Someone I know got pulled over for appearing to have no seatbelt, when they had one on the whole time. After being pulled over, the cop smelled marijuana and the person was honest and showed him, he had 2.5 grams and also the pipe he hit it out of. The cop issued 2 tickets, in pencil, possession of... Read more »

Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

Likely not, unless it is absolutely established that the officer was lying. Typically, an officer can pull someone over for any traffic violation or perceived traffic violation. Afterwards, such as in a situation like this, if a person volunteers information about possessing a controlled substance,... Read more »

1 Answer | Asked in Constitutional Law for Mississippi on
Q: Can you be denied a continuance if your trying to hire another attorney to represent you in trial
Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

Yes, depending on the circumstances. Oftentimes, judges will allow a continuance so that you can try to secure private counsel; however, they will also typically give you a deadline to hire a lawyer, otherwise you will have to move forward with a public defender or without representation.

1 Answer | Asked in Gov & Administrative Law for Mississippi on
Q: How can you wave your rights at a preliminary hearing when you are sitting there waiting to see the judge
Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

You can waive your right to a preliminary hearing by informing the court that you are waiving it. That being said, you should only waive a preliminary hearing in very few circumstances, as you have every opportunity to see what all the prosecutor may have that led to the charges against you.

1 Answer | Asked in Family Law for Mississippi on
Q: Is alimony and child support awarded by the court in Mississippi a public record?

I have a step daughter whom was married and divorced over three years ago to a prominent doctor. They had three children all minors born from the marriage. I continue to support her as she said she receives zero alimony or child support from the ex husband. I have gone by her word in this matter.... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 20, 2021

The court records are open to the public. Go to the chancery court in the county where the divorce was entered. Give they clerk her name and her ex’s name and ask to see the file. The final Order will be there.

1 Answer | Asked in Contracts for Mississippi on
Q: Would I be able to break my lease?

moved in 4/26, had a leak in bathroom 5/1 from upstairs neighbor AC. Contractor came out 5/10 and did not fix it properly. Had another leak 5/29 worse than the first time that now has mold outside the vent and inside. Nobody has yet to fix. I filed a complaint to MS Home Corporation and a inspector... Read more »

William R. Wright
William R. Wright answered on Jul 17, 2021

Without a lawyer reviewing your lease, there is no way to competently give you an answer to your question about breaking your lease.

1 Answer | Asked in Tax Law for Mississippi on
Q: Hello, this statute (TX Tax Code 34.01) frequently references a "taxing unit." What are they referring to?
William R. Wright
William R. Wright answered on Jul 17, 2021

The Texas Tax Code defines a "taxing unit" as follows: " 'Taxing unit' means a county, an incorporated city or town (including a home-rule city), a school district, a special district or authority (including a junior college district, a hospital district, a district... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My husband and I remarried in 2020. He is a disabled vet and doesn’t pay taxes. I filed a joint tax return at the end.

They took the taxes even though he doesn’t pay taxes to pay back child support on our case. The case was closed in March after they took our taxes. However, we still can’t get out taxes released

William R. Wright
William R. Wright answered on Jul 17, 2021

I really don't have enough facts to be confident about my answer. However, I am assuming you meant that the IRS took your refund. If either joint filer has a back child support issue, any refunds can be confiscated by the IRS. I don' t believe that the IRS will release the confiscated... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Mississippi on
Q: Can a witness write a statement an go to court an give t totally different statement
Arthur Calderon
Arthur Calderon answered on Jul 16, 2021

Yes, they can, and it happens quite a lot more often that people realize. Usually, whenever a witness does something like that, they are putting their credibility at risk.

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1 Answer | Asked in Business Law for Mississippi on
Q: Can a city clerk own a business in the town they are clerk in?
Michael Graves
Michael Graves answered on Jul 15, 2021

If you are a contract employee with the City, which I would doubt, there may be a provision in the contract which provides that you cannot have other employment; if so, that would potentially be a problem. Absent that, there would be no prohibition against you owning a business in the city just... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Using forensic interviews in a trial

What if I was waiting trial and have trials in 2 different counties for the same charges of lustful touching, the police used the forensic interviews to determine what, where and how many times I would be charged for. I've had my trial in 1 County that was 1 charge but judge allowed the other... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 14, 2021

If the other witnesses have given testimony regarding their individual allegations and the versions are inconsistent, your lawyer can use the different statements to impeach the witness to show that they are lying or are telling different stories as to what happened.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Using witnesses from another trial in another county.

Ok say you have 1 charge of lustful touching in one county set for trial and 3 counts for 2 different people making same iallegations and 1 is in both counties. Would the 2 from the other county be allowed to be witness saying what their allegations are in the county where there is just 1 count?... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 14, 2021

The answer to your question is maybe. It depends on whether or not your attorney objects to the witnesses and whether or not you are talking about uncharged conduct, charges that have not gone to trial yet, or charges for which you have been previously convicted. The ultimate decision is for the... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: Support emancipation ends in 4 months. (MS) Should I began the process of termination now. Who do I contact to start it.
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 14, 2021

If the emancipation is due to the child reaching the age of 21, there is really nothing for you to do. If the child support is being taken out via a withholding order and/or DHS is collecting the money each month, you may want to contact that agency to ensure that they are aware that the child is... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: How can my boyfriend get his back child support dropped if his children are 34 and 31years old?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 12, 2021

Your boyfriend is probably paying off an arrearage in child support. Child support in Mississippi becomes vested once due and cannot be forgiven. However, the courts can give credits against the debt. If it is an arrearage, then he is basically on the hook until it is paid off.

2 Answers | Asked in Criminal Law for Mississippi on
Q: If im found not guilty of lustful touching what are the steps to getting my record expunged and how fast can that happen
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 12, 2021

A conviction cannot be expunged until five years after the completion of any sentence, probation, and fines.

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1 Answer | Asked in Criminal Law for Mississippi on
Q: Suing for false allegations if you have been found not quilty in 1 County but have charges in another awaiting trial

Suing for false allegations if you have been found not quilty of lustful touching in 1 County but have trial for same allegations with same people for same thing in another County. Can you sue even tho you haven't had trial yet in the other?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 12, 2021

The second charge in the second county would be due to an act that took place in that county. If there are allegations of crimes committed in different counties, each county can bring charges against you, even involving the same crime and same victim. An acquittal in one county does not... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: charged in 2 different counties for lustful touching and found not guilty in one county

If im charged in 2 different counties for lustful touching same thing just different places and jury finds me not guilty in one county how does it work in my trial of the other county. I don't understand how that works. Isn't that double jeopardy?

Arthur Calderon
Arthur Calderon answered on Jul 11, 2021

Perhaps, but the facts and charges would have to be for the same incident. There are a lot of subtleties when you start talking about double jeopardy. Your best bet is going to be to get with an experienced criminal defense lawyer and show them all of the paperwork/charges from both counties so... Read more »

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