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Mississippi Questions & Answers
1 Answer | Asked in Civil Rights for Mississippi on
Q: I called the police when my window was broken by my ex. When the police arrived. We were OUTSIDE . I was the only one

Standing on my porch. The officers asked if they could come inside the house. I told them no, and pushed the screen door shut . I was then immediately grabbed by the officers and threw me down the steps and immediately grabbed my arms , hit me in the head . TAZED me I my lower back And because my... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 23, 2022

From the looks of it, you may actually have a civil rights case against the law enforcement agency that conducted the arrest. Your best bet is going to be to contact an experienced lawyer to further discuss the details surrounding your arrest. Feel free to reach out to any lawyer on here by... Read more »

2 Answers | Asked in Traffic Tickets for Mississippi on
Q: I got a ticket for window tint being too dark. Can proof of it being within legal limits still be provided after court?

The court said I had to pay it. However, a reputable business did the tint and when I got it tested by another business, it is indeed legal all the way around the car. How can I provide this to court after I've already had court? It seems asinine (and more like theft) to force someone to pay a... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 23, 2022

Unfortunately, if you have already been found guilty, then you are precluded from being able to bring in new evidence that you could have gotten prior to your court date.

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1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Can an EMS pull you over?

I came up on an accident as I was headed home from work. As I approached the scene I was flagged to come on by so I proceeded through. As I was passing through the apparent supervisor hollered at me to “slow down” at this point I was maybe doing 5-10 mph on an extremely narrow road. So I keep... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 22, 2022

The issuance of a citation/ticket under these circumstances is most likely valid, however the ticket is simply an accusation that you committed an infraction-----based on your post, there are legal defenses available to you, as well as perhaps the less than common sense of the EMS people out there,... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: does two offers of 16 yrs in the custody,11 suspended, 5 on supervised probation to run concurrent indicate prison time?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 21, 2022

This question has been answered. The only difference between this question and the previous question is that when the sentences run concurrently, the run at the same time. In other words, instead of 10 years supervised release, it is actually 5. You need to talk to your attorney if you are having... Read more »

1 Answer | Asked in Consumer Law for Mississippi on
Q: Can I legally sell tobacco to someone who is 21 but their ID shows they are under 21 yet the ID isnt expired but isvalid
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 20, 2022

Generally speaking, probably not, considering that it would seem that you know that the person is underage. That being said, if the person is definitely old enough, then it sounds like it may be an issue that that particular person may need to clarify to have their age corrected on their ID to... Read more »

1 Answer | Asked in Libel & Slander for Mississippi on
Q: Can a person be sued for defamation of character?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 20, 2022

The short answer is yes, a person can be sued for defamation of character; however, the bigger question is going to be whether the plaintiff can show damages to justify a lawsuit and an award of damages.

1 Answer | Asked in Consumer Law for Mississippi on
Q: What can I do to get back a 2000.00 refund for windows I paid down on but did not get from a company in Arkansas.

I paid a down payment on some windows in November 2021. I canceled the order because the company kept changing the installment date. The owner claims to have mailed my refund but the check was returned to him and he cancel it. He text me a copy of another check that he wrote on May 23, 2022, and... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 20, 2022

In this situation, the window provider is in breach of contract for failing to fulfil their terms of the agreement. Your best bet is going to be to either hire a lawyer in Mississippi or perhaps Arkansas to sue the provider for breach of contract.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: I pressed charges on my husband for domestic violence and it was a mistake. Am I allowed to drop them?

I did it out of anger and didn’t include the whole story and our daughter will be born in two weeks and I really need him there. They are saying I have to wait until court to drop the charges and even then it’s up to the District attorney. I need advice I’m freaking out!

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 20, 2022

What you were told is exactly right. The charge was brought by the State, not you. You are a witness. Whether it is dropped will be up to the prosecutor. This is done to insure that true perpetrators of violence are punished and victims are protected. Criminal charges of any kind should never be... Read more »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Mississippi on
Q: Why does my sister have to pay a lawyer to get my deceased mother's house in her name?

My mother died from a terminal illness. After mom passed away my sister said she didn't leave a will but later on she said she found a will and mom had left me her car . I also asked her about my mom's bank account cause the hospital just gave my sister my mom's debit card, she said... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 14, 2022

This does not sound at all like you are being played. When a person dies, everything he or she owned in his or her individual name (with no beneficiary designations) must go through a legal process called probate in order to get those things transferred to the intestate heirs (no will) or... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Mississippi on
Q: Can I own a gun if my husband was innocent but plead guilty to a domestic violence charge with ex 25 years ago

We live in Mississippi. He was charged in Virginia

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 12, 2022

From the looks of it, there is nothing prohibiting you from carrying or owning a firearm. The key question is going to be whether your husband has access to it, as well as the nature of his conviction. If it is a felony, then he cannot have any possession of any firearm unless he gets his record... Read more »

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: My ex and I have a custody agreement that includes child support, he was recently arrested, what will happen w/child spt

Child support is only $100 per month

Incarcerated parent is non custodial parent.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 10, 2022

The child support will continue to accrue each month. Incarceration does not remove his obligation.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: I need to know if a juvenile is charged with tampering with evidence (gun), could he/she be charge as an adult?

What justify that juvenile being charged as an adult

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 9, 2022

Typically, a charge like that would keep the juvenile in youth court, unless it is a crime that concerns a firearm or is an egregious violent crime.

1 Answer | Asked in Child Support for Mississippi on
Q: In the state of Mississippi is my child support late if I do not pay it on the first of the month?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 3, 2022

Your child support is late if you do not pay it as of the due date designated in the Order. That may or may not be the 1st day of each month.

1 Answer | Asked in Child Custody for Mississippi on
Q: Does a 16 year old father have rights to his child

I got pregnant by a 15 year old when I was 17 and he turned 16 and I turned 18 before the baby was born. His mother thinks she has rights to our child because he is a minor and is asking for joint custody. What rights and responsibilities does he have being a minor, what rights does she have and... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 3, 2022

You and the father have the same rights and responsibilities as any other parent. However, it is going to be complicated by the fact that he is a minor due to his dependence on his parents for financial support, food, shelter, as well as his disability of minority. However, this does not give his... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Being under 18 was the court authorized to convict me as a 99-19-81 habitual offender
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 3, 2022

Unfortunately, if you were charged as an 81, then that likely means that you have at least two prior convictions. Long story short, even though you may be under 18, if you are in circuit court, then you will be treated as an adult unless the prior convictions should have been kept in youth court.

1 Answer | Asked in Probate for Mississippi on
Q: My son conned my father out of his entire estate. I am the oldest child. How do I contest the will?

My son was adopted by my parents at an early age. My father believed my son conned him out of his estate shortly after my mother passed. I have an audio recording of my father telling my son this and that he wanted it changed back into his name. My father also stated that my sister and I have just... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 26, 2022

Hire a competent MS attorney today. More than likely the SOL for an Eviction proceeding is blown, and you are still in possession. The owner/plaintiff will probably have to file an Ejectment suit which is expensive and difficult.

1 Answer | Asked in Personal Injury for Mississippi on
Q: What is the US Civil Statute to be cited in a personal injury due a faulty elevator at a VA Hospital?

Due to the elevator falling and abruptly stopping between floors and when I was rescued out I had suffered damages to my leg and had three surgeries, with the last one being a total knee replacement

Andrew Charles Burrell
Andrew Charles Burrell
answered on May 23, 2022

This would be a Federal Tort Acts claim and you have a 2 year statute in which to file a SF-95 form and prove your damages. Failure to file such form could result in your claim being lost and denied. You need to seek consultation with an attorney in your area to discuss your rights and claim for... Read more »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Mississippi on
Q: No matter the situation when filing child support will the woman always win if the man was abusive in the relationship?

The man was physically and mentally abusive. Will the woman win full custody for this reason no matter what.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 22, 2022

One of the factors that the court will take into consideration is whether violence has been perpetrated by either party during the relationship, especially if children were present at the time. Our case law and statutes are clear that the party who is found to have been violent during the... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Mississippi on
Q: Grandmother has full custody of 8 week old baby. Both parents in prison. Grandmother wants to sign baby over to someone.

Grandmother is already taking care of 5 children & can’t take care of an infant. She wants to find a good family to give full custody to. Can she do this without parents signing anything also? G’mother is in Louisiana and new family would possibly be in MS

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 21, 2022

Because the child is a resident of Louisiana, Louisiana statues would govern; therefore, you should contact an attorney licensed in that state.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: If a custodial parent files papers for the non-custodial parent to sign over their parental rights on the grounds of

abandonment in the state of MS, and the non-custodial parent is willing to sign them, but the children aren’t being adopted by someone else, will the non-custodial parent still be required to pay child support after they have relinquished their legal rights?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 21, 2022

No. Once the parental relationship is terminated, all obligations cease. The exception is that if the non-custodial parent had accrued a child support arrearage prior to the termination and a contempt action was brought to recover those funds, the arrearage is still owed.

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