Lawyers, Answer Questions  & Get Points Log In
Mississippi Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: Penalties for conviction of taking a motor vehicle first offense in Mississippi
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 6, 2023

The penalties for auto-theft are relatively low. That being said, if this was the person's first offense, there is a significant likelihood that the person could avoid jail time and even avoid having this on their record. I would highly recommend that the person reach out to an experienced... Read more »

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: I live in Baldwyn MS, the neighbor dog has bitten three children in community, and what can I do to keep my child safe

The dog is allowed to run loose, and come across road to my house regularly, I have a 2 year old grandchildren afraid to go in yard..I have shot at it.,and hollered, neighbors just look and leave.

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 6, 2023

There's really not a whole lot that you can do, aside from alert local law enforcement. Keep in mind that in Mississippi, a dog really only gets one bite, and that one bite puts the owner on notice of the dog's violent propensities. In other words, after that first bite, the owner is... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Environmental for Mississippi on
Q: How does an employee get help with working in a biased hostile work environment? M any issuer in the company.

Management tends to treat employees different when it comes to company policies only apply to the employees that speak up about issues or the ones that work hard and ask questions. When you go to the upper management, you get poorly treated. Management talks about personal information with all... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The complaints that you are making in your post sound like the working conditions in every corporate workplace in this country, so you are not alone. Favoritism based on providing sexual favors to management is prohibited by both Federal and State laws. While an employer cannot take adverse... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Mississippi on
Q: Is it required by Mississippi state law that I provide my ID during a traffic stop, Or is providing my name good enough?

I was traveling westbound on I 20 at 10:30 at night just after a rain storm. I’m approaching a box truck in the right lane I am in the left lane trying to pass the box truck. I noticed in my mirrors that there is a vehicle approaching me at a high rate of speed in the right hand lane. Therefore I... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Great description of facts. I felt like I was there. I do not know of any state that DOESN'T require you to have your license in your physical possession while driving. And I mean the actual license, not a photo of it on your phone. This is so the officer can determine if it has been altered... Read more »

2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I purchased a small lot 40 by 115 and the seller did a quit claim deed in 2014 and if I file chapter 7 can they take

My husband and I bought this lot in 2014 and we have a quit claim deed can if we file chapter 7 can bankruptcy take it

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 20, 2023

A Chapter 7 bankruptcy trustee stands in the shoes of the debtor with respect to all assets of the estate.

The bankruptcy schedules require you, under penalty of perjury, to list all your assets.

The answer to your question is yes, the property, if it has equity value, can be sold...
Read more »

View More Answers

1 Answer | Asked in Workers' Compensation and Civil Rights for Mississippi on
Q: If I'm asked to take a urine drug test for workers comp, is the person conducting the test allowed to watch me as I pee,

I'm a male candidate and was recently injured at work and considering applying for workers comp in the state of Mississippi.

Andrew Charles Burrell
Andrew Charles Burrell
answered on May 16, 2023

Typically, you should be allowed to provide the test in private, but there are a number of places that are requiring the person collecting the sample be in the room when it is collected so as to rule out any other issues.

At this point, you need to consult with an attorney to discuss your...
Read more »

1 Answer | Asked in Employment Law for Mississippi on
Q: IF FSLA guidelines for classifying Independent Contractors was in question from January 2021 until about October 13 2022

when a final ruling was made October 2022 for the Economic reality test.

How can they determine and force me to classify Independent contractors as employees for period Jan 2021 through Jan 2023?

N'kia (NLN)
N'kia (NLN)
answered on May 16, 2023

The economic reality test has been in place for years, although there have been several changes/attempted changes and clarifications/attempted clarifications in recent years. Also, in any given situation, there are numerous independent contractor rules that could apply. While there are the DOL rule... Read more »

1 Answer | Asked in Education Law for Mississippi on
Q: Do you have to have proof that your child is being bullied? The school is choosing to believe the bullies and not my chi

My child is transgender. This has been going on for two years. Today everything blew up. They basically do not believe us.

Todd B. Kotler
Todd B. Kotler
answered on May 16, 2023

One needs proof in any legal dispute. What you need to do is write the individuals at the school with whom you spoke. Copy the principal and superintendent. If you previously wrote to or spoke to the school about this matter, reference the dates that those communications occur. Explain to the... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Mississippi on
Q: I was in a car accident. How much pain and suffering money should I ask for?

I was not extremely hurt. A few bruises, and a hospital check up. My car was fully totaled. I had a passenger, she was hurt a bit more, but not a significant amount.

Tim Akpinar
Tim Akpinar
answered on May 13, 2023

A Mississippi attorney could advise best, but your question remains open for two weeks. I hope you and your passenger are okay. No attorney can really answer your question based on these limited facts. Your car was totaled. That evidences the possibility of serious impact, or that you were... Read more »

2 Answers | Asked in Bankruptcy for Mississippi on
Q: I loaned $15,000 to a friend who filed chapter 13.

She quit paying and didn’t tell me she filed. I found out too late to be added to bankruptcy. What’s the best way to get my money back? We signed a promissory note.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 11, 2023

A chapter 13 bankruptcy case can last up to five years from its filing.

You do not say when the bankruptcy was filed, nor when you discovered it.

Omission of a creditor, who does not learn of the case in timely fashion (i.e., before a Discharge is entered, etc.) is a huge risk by...
Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Speed ticket Canton Parkway, yes guilty , I would like to pay the fine.

It’s been 20 days since ticket was issued the Canton Municipal Court still has no record. Court date is June 14 all I want is to pay the fine and move on i’m not contagious but they can’t tell me how much so How can I go about paying the fine? Can the police tear up a ticket and throw it away... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 26, 2023

If the Court has no record of the ticket, the officer hasn’t turned it in. You can’t pay the ticket until it is turned in and sworn to by the officer before the clerk or some other designated person. Continue to check back periodically to see if it has been turned in. If the officer doesn’t... Read more »

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Mississippi on
Q: How do I get an Assignee off my patent if they are out of business?

The company has been out of business for several years and I want ithe Patent back in my name. I want to make a revision and apply for another Patent with the revision.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

If the assignee of your patent is out of business, you may be able to file a petition with the United States Patent and Trademark Office (USPTO) to have the ownership of the patent transferred back to you. This process is called a Petition to Revoke or Rescind Assignment. You will need to provide... Read more »

View More Answers

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Mississippi on
Q: How do I get an Assignee off my patent if they are out of business?

The company has been out of business for several years and I want ithe Patent back in my name. I want to make a revision and apply for another Patent with the revision.

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2023

When a company goes out of business, the company assets (like patents) usually end up reverting to the company creditors and company stockholders. So unless this is your company, and you had no creditors or other stockholders, you may be out of luck.

In terms of filing a revision -- unless...
Read more »

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: Does child support still stand in Mississippi if parental rights were terminated in court and no visitation was granted

Maternal Grandmother has custody.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 17, 2023

Visitation and child support are separate issues. The lack of visitation does not mean no child support is owed. Conversely, withholding of visitation does not relieve the parent of the obligation to pay support. If the parental rights of the parent are terminated by court order, the obligation to... Read more »

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: What do i need to do to to get the house in my name?

Grandmother left the house to my uncle through a warranty deed. Uncle passed 6 months after grandmother. Uncle left house to me through a will. Uncle never went and did anything to have the house put in his name other than the warranty deed grandmother did. What do I do now? I am the only one named... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2023

If the Will is not filed for Probate then Uncle's Heirs own the property as tenants in common. If you and the niece are the only heirs, then you might get her to deed her interest to you, with a derivation clause describing heirship. Whatever you do, hire a competent MS to search the... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Should i plead not guilty to a possession paraphernalia from two years ago didnt even no I was charged with it

Didnt no I was charged with it till week ago summons came in mail .drive/owner of the vehicle said every thing was his I was let go without a citation nor did I have too sign anything

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Apr 10, 2023

From a strategic standpoint, it always makes more sense to plead not guilty to any charge, at least until you and your lawyer have had a chance to review everything, see if there is not enough evidence against you, or see if there is a way in which the case could end up being dismissed or the... Read more »

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: Are emotional support animals protected under the same laws as service animals? What do I need to certify the animal?

My landlord has a no pet policy, but I have been wanting to get an emotional support animal. I want to know if I need to have some sort of letter stating that the animal is of service and I want to be sure that the landlord cannot kick me out of the home or charge a pet fee over the cat.

John Michael Frick
John Michael Frick
answered on Apr 4, 2023

No, service animals are protected under the ADA; emotional support animals are protected under the FHA.

For an ESA, you need proof of your underlying disability and an opinion from a qualified healthcare professional that your cat provides therapeutic benefit to you in connection with your...
Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: Can I sue my child's dad for child support?

My daughter's dad hasn't paid child support and he's not on any court order to pay any. I just want to know my options

Ashley R. McKnight
Ashley R. McKnight
answered on Mar 22, 2023

Paternity would need to be established before filing against him for child support. Once the Court determines he is the biological father, child support may be awarded based on a certain percentage of the father's adjusted gross income. The percentage will depend on how many children are involved.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Can an inmate that’s already sentenced in Mississippi Department of Corrections , get released on early parole ?

Inmate parole date is 10/26 as of now. He is at a Community Work Center operated by the state dept of corrections. He is working everyday and doing A&D classes. Never received a write up. Will his parole date change to anything sooner

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

It is possible for an inmate to be released on parole earlier than their scheduled release date, but this decision is typically made by the Mississippi Department of Corrections Parole Board based on a variety of factors, including the inmate's behavior while incarcerated, the nature of the... Read more »

1 Answer | Asked in DUI / DWI for Mississippi on
Q: My son was arrested and charged with dui and reckless driving. He refused the breathalyzer therefore no evidence. Cont.

His Mariana rights weren't read til he got to the police station. Does that matter and are public defender lawyers reliable?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Mar 12, 2023

Whether he was read his Miranda rights depends on whether he was subjected to an interrogation, where he incriminated himself. As to the public defender, it really boils down to whether you satisfied with the public defender or not. There are good public defenders, just as there are good private... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.