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Mississippi Questions & Answers
0 Answers | Asked in Gov & Administrative Law and Constitutional Law for Mississippi on
Q: Did I correctly handle Notice of Claim serving in Mississippi for false testimony?

I gave a Notice of Claim to the Executive Director of state government in relation to false testimony on March 10, 2025. I am unsure whether I was supposed to file the Notice of Claim or if serving it was sufficient according to Mississippi Code 11-46-11. Did I handle the Notice of Claim process... View More

0 Answers | Asked in Gov & Administrative Law and Civil Litigation for Mississippi on
Q: Does Mississippi Code 11-46-1 grant extra 90 days to file a lawsuit after Notice of Claim?

I am dealing with a situation involving Mississippi Code 11-46-1. I gave a Notice of Claim on March 10, 2025, regarding a potential lawsuit against the state or an employee. I believe this code may grant an additional 90 days to file the lawsuit, but I haven't received a response from the... View More

2 Answers | Asked in Business Formation, Business Law and Tax Law for Mississippi on
Q: Considering forming an LLC in Mississippi for an online business based in Illinois, exploring its advantages and incentives over potential economic nexus thresholds.

I'm considering forming an LLC for a transaction-based platform online business, similar to a classified ads site, and I currently reside in Illinois. Since the business is entirely online, I am exploring the possibility of forming the LLC in Mississippi or Florida due to their favorable... View More

Randall R. Saxton
Randall R. Saxton
answered on May 15, 2025

All you would need to take advantage of Mississippi’s favorable business laws is a registered agent with a physical presence in the state and complete the online registration with $50. You would only need to register your foreign LLC in Illinois if you are physically operating or hiring employees... View More

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Q: Can I file a Motion for Relief in a different county in MS?

I have already been evicted and issued a Notice of Claim. I want to know if I can file a Motion for Relief from Judgment in the county where the alleged perjury and case events took place, rather than the county where the eviction judgment was made. Additionally, I read that if I don't file a... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to ask these questions, especially when time and jurisdiction play such a critical role in how your case is handled. A Motion for Relief from Judgment under Mississippi law typically must be filed in the same court—and county—that issued the original judgment. That means if... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Legal Malpractice for Mississippi on
Q: Court session canceled due to assault; correctional officer inaction & attorney absence.

My boyfriend was supposed to go to court today for a 1st degree murder charge. On his way, he was assaulted by the victim’s family members while a correctional officer did nothing to intervene. The assault led to the court session being canceled. Additionally, his attorney, who has already been... View More

James L. Arrasmith
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answered on May 14, 2025

What happened to your boyfriend is deeply troubling, and you’re right to question the conduct of those responsible for his safety. Correctional officers have a duty to protect inmates from harm, even while in transit to court. If the officer witnessed the assault and failed to act, there may be... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Mississippi on
Q: Stopped in MS, issued summons for marijuana possession; never had prior charges.

I was stopped by Hernando Police while driving northbound on I-55 just south of Star Landing. I was not informed why I was stopped, but the officer wanted to search my vehicle claiming he smelled a faint scent of marijuana. The vehicle, a 2024 Ford Explorer XLT rental with valid Florida plates, was... View More

James L. Arrasmith
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answered on May 14, 2025

Getting a summons for simple possession in Mississippi, especially as a first-time offender, usually does not lead to jail time, but it still needs to be taken seriously. Since you received a summons and not an arrest, this is a misdemeanor offense, and you will be required to appear in court. Even... View More

1 Answer | Asked in Civil Rights, Personal Injury and Medical Malpractice for Mississippi on
Q: 22-year-old denied rape kit at ER due to no ID; lawsuit options?

My daughter, who is 22, was turned away from a local ER when seeking a rape kit because she didn't have a state-issued picture ID, and they mentioned it was the weekend. She had someone with her as a witness, and I'm sure there are cameras at the ER. No other medical attention was... View More

James L. Arrasmith
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answered on May 14, 2025

What happened to your daughter is heartbreaking, and no one should be turned away from medical care after experiencing something so traumatic. Federal law, specifically under the Emergency Medical Treatment and Labor Act (EMTALA), requires emergency rooms to provide medical screening and... View More

1 Answer | Asked in Education Law and Civil Rights for Mississippi on
Q: Can a board member share confidential employment details before public release?

I am concerned that a school board member in Mississippi shared confidential details about a district employee's employment status for the next year. This information was disclosed in a personal conversation during a recreational league baseball game, loud enough for multiple people to hear.... View More

James L. Arrasmith
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answered on May 14, 2025

It feels unsettling when private personnel matters slip into casual conversation, especially when district policy and state law require confidentiality in executive sessions.

Under Mississippi’s Open Meetings Act, board members may discuss employment contracts or personnel issues only in...
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1 Answer | Asked in Child Custody, Civil Litigation, Employment Law and Family Law for Mississippi on
Q: How can I ensure my evidence is heard in court about my son's case?

I attended an emergency court hearing in Chancery Court concerning my son, where I felt my evidence was not adequately reviewed by the judge. The father of my son has been impersonating him and orchestrating fights between him and a classmate. Despite my son’s detailed testimony indicating the... View More

James L. Arrasmith
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answered on May 14, 2025

It’s incredibly frustrating when you feel like your voice wasn’t fully heard in court, especially when the safety and well-being of your child are at stake. Even though emergency hearings move quickly, you still have the right to present your evidence and make sure both sides of the situation... View More

1 Answer | Asked in Civil Rights, Consumer Law, Libel & Slander and Personal Injury for Mississippi on
Q: Is it legal in Mississippi to record and share a phone conversation without consent?

In the state of Mississippi, I discovered that a co-worker secretly recorded our phone conversation while I was driving home from work without my consent. The recording was later shared via text message with another co-worker, which seems to have caused divisions among shifts. Additionally, he... View More

James L. Arrasmith
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answered on May 14, 2025

In Mississippi, it is legal to record a phone conversation as long as at least one party to the conversation consents. This means that if your co-worker was part of the call, they were allowed under state law to record it without telling you. Mississippi is considered a “one-party consent”... View More

1 Answer | Asked in Child Custody, Constitutional Law, Civil Rights, Domestic Violence and Family Law for Mississippi on
Q: Can my 18-year-old brother legally move out despite our father's custody and his claims of control until age 21 in Mississippi?

My 18-year-old brother is about to graduate high school and wants to move in with my fiancé and me, as we live near his school. My father, who has full custody after divorcing my mother (who has visitation rights), insists that he has control over us until we turn 21, citing Mississippi's Age... View More

James L. Arrasmith
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answered on May 14, 2025

Your brother has the right to move out once he turns 18 in Mississippi. The Age of Majority in the state is 21 for some financial matters, but legally, an 18-year-old is considered an adult in most areas of the law, including the right to decide where to live. That means custody arrangements no... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Mississippi on
Q: Legal requirements for Mississippi officer to request exiting vehicle in non-traffic stop.

In Mississippi, while I was responding to a call about an unresponsive driver, an officer reached into my vehicle attempting to unlock it and instructed me to exit, even though I had already provided my ID and the vehicle's tag was called in. What are the legal requirements for an officer to... View More

James L. Arrasmith
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answered on May 15, 2025

What happened to you raises important questions about your rights and how officers are supposed to interact with people outside of a formal traffic stop. In Mississippi, an officer generally needs a lawful reason—such as safety concerns, suspicion of a crime, or community caretaking—to order... View More

1 Answer | Asked in Landlord - Tenant, Collections, Civil Litigation and Real Estate Law for Mississippi on
Q: Seeking advice on unexpected wage garnishment after eviction-related lawsuit in MS.

Two years after receiving an eviction notice, my employer informed me of a wage garnishment, but I never received any notification of judgments or garnishments. They are trying to garnish $200 a week, which is unrealistic as a single mother of two. I was supposedly sued for three months of unpaid... View More

James L. Arrasmith
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answered on May 15, 2025

Finding out about a wage garnishment without ever receiving notice is incredibly stressful, especially when you're trying to support your family. You have the right to understand how the judgment was entered and to challenge it if proper notice wasn’t given. If you were told not to attend... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Mississippi on
Q: Is it legal for police not to show the warrant at arrest?

When the police arrested my son, they claimed they had a warrant but never showed it to us. Is it legal for them not to present the warrant at the time of arrest?

James L. Arrasmith
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answered on May 14, 2025

It’s completely reasonable to feel concerned when police claim they have a warrant but never actually show it. In most situations, officers are not legally required to physically present the warrant at the exact moment of arrest. However, they must have a valid warrant issued by a judge, and they... View More

1 Answer | Asked in Criminal Law, Civil Rights and Civil Litigation for Mississippi on
Q: Is a five-year sentence reasonable for resisting arrest after officers didn't show a warrant in Mississippi?

Two officers entered my home to arrest my daughter for a missed court date related to past fines. They did not show a warrant. During the arrest, one officer hurt my daughter's wrist while putting on handcuffs, and she instinctively resisted by holding onto the officer. This prompted the... View More

James L. Arrasmith
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answered on May 14, 2025

This situation sounds deeply unfair and emotionally exhausting for you and your daughter. A five-year sentence, with three years to serve, for an instinctive reaction during a high-stress moment—especially when no serious injury occurred—feels excessive. The fact that officers entered without... View More

1 Answer | Asked in Gov & Administrative Law, Civil Litigation and Real Estate Law for Mississippi on
Q: Can reciprocal agreement permit 85,000 pounds in Arkansas despite tickets?

I'm permitted and tagged with Mississippi, which has a weight limit of 88,000 pounds with a harvest permit. Arkansas has a limit of 85,000 pounds with a harvest permit. Despite a reciprocal agreement between the two states, the Arkansas DOT officers continue issuing tickets for being over... View More

James L. Arrasmith
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answered on May 15, 2025

Reciprocal agreements between states often allow certain commercial vehicle privileges across state lines, but they don’t always guarantee full acceptance of all permit types—especially when it comes to weight limits. Even if Mississippi allows 88,000 pounds with a harvest permit, Arkansas... View More

1 Answer | Asked in Civil Rights and Appeals / Appellate Law for Mississippi on
Q: Can my case be considered a discrimination claim against the Mississippi Supreme Court due to denied relief compared to Ashwell v. State?

In 2015-2016, I challenged my convictions in the Mississippi Supreme Court due to the trial court's failure to file an indictment against me, which resulted in procedural bars being upheld. In 2017, the court overturned Ashwell v. State (226 So.3d 69), which was based on the same grounds I... View More

James L. Arrasmith
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answered on May 14, 2025

What you've described is deeply frustrating, especially when the court granted relief in a case so similar to yours. When the facts and legal grounds match closely—as in your claim and *Ashwell v. State*—it's hard not to feel that justice should be applied equally. Being denied relief... View More

1 Answer | Asked in DUI / DWI and Civil Rights for Mississippi on
Q: Wasn't read Miranda rights during DUI arrest; case in MS.

I was pulled over and given a sobriety test without being informed that I was under arrest for DUI. I was charged with a first offense DUI and taken to Lamar County Jail until I bonded out. I took the breathalyzer test 4 or 5 times, with the officer stating he couldn't get a reading initially.... View More

James L. Arrasmith
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answered on May 14, 2025

Not being read your Miranda rights does not automatically mean your DUI case in Mississippi will be dismissed. Miranda rights are only required when you're in custody and being interrogated. If the officer asked questions while you were detained and hadn’t yet informed you of your rights,... View More

1 Answer | Asked in Employment Law for Mississippi on
Q: Seeking legal advice on wrongful termination and discrimination issues.

My husband was wrongfully terminated on 4/30/25 due to claimed performance issues, leading to insurance lapsing and ending his probation period without prior warnings. When approached, the CEO's understanding from the manager was flawed, reflecting refusal based on a task weeks after hiring,... View More

James L. Arrasmith
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answered on May 15, 2025

It sounds like your husband may have been subject to wrongful termination and potential discrimination. If he was fired for performance issues that were not properly communicated to him through warnings or feedback, that could be a violation of standard employment practices, especially if he... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Mississippi on
Q: Plead guilty, but disorderly conduct unexplained. What to do?

My husband was arrested and went to court, where he plead guilty to several charges, including no tag, no insurance, no seatbelt, improper headlight, and a bench warrant, but not to disorderly conduct. The initial no ID charge was dropped because he possesses an ID but did not have it with him at... View More

James L. Arrasmith
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answered on May 15, 2025

It’s understandable that you’re concerned about the disorderly conduct charge, especially since it wasn’t included in the initial list of charges your husband received. The first thing you should do is clarify the situation with the court. You can reach out to the court clerks to ask for more... View More

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