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Mississippi Questions & Answers
1 Answer | Asked in Traffic Tickets for Mississippi on
Q: I got pull over today they pulled me over for a crack windshield and wrote me y tickets with the wrong year of my birth

Can I get them throw out of court when I wasn't born in 1982 I born and 86 and the rote me a ticket for wife prescription and charge me schedule 4

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Not likely to be dismissed for a typo error on your birth year. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.

1 Answer | Asked in Child Custody for Mississippi on
Q: What visitation does the step mom have for my ex being deployed. He has no custody of our 10&13 year old?

My ex husb just left for deployed and has sense accused me of parent alienation because I havent sent the kids to his very recently married wife. They married 3 days prior to him mobbing. I know in MS step parents don't have rights and I'm ok with them going over if the want too. My... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 24, 2023

The stepmother has no visitation rights. To send or not send the children to the stepmother for a visit is solely within your discretion. Your ex’s claim of parental alienation is without merit and meaningless.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: My chapter 7 bankruptcy was converted to a chapter 13 but I’m not gonna do the 13 my vehicle payment is current with

Capital one after it gets dismissed capital one will not try an get my vehicle if I chose to continue to make payments and they are current just want to make sure

Timothy Denison
Timothy Denison
answered on Jun 18, 2023

If you continue to pay as agreed and are current, you should not have any trouble just continuing to pay after dismissal.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Currently in chapter 13. Can I be sued in small claims court for an issue outside of my bankruptcy case?

Did some minor repairs for a friend and they were not satisfied and wanted a refund.

Randall R. Saxton
Randall R. Saxton
answered on Jun 15, 2023

Yes, IF the claim arose after you filed for bankruptcy, it's called a "post-petition debt." A post-petition debt isn't subject to the authority of the bankruptcy court. You won't be able to rely on the automatic stay to stop them from pursuing the claim, and the debt from... View More

2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I didn’t add my vehicles in a bankruptcy and choose to continue to make payments and my payments is current they cant

Take them if they’re current after my bankruptcy is dismissed

Randall R. Saxton
Randall R. Saxton
answered on Jun 14, 2023

If current payments have been accepted, under state law, the property cannot be repossessed.

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1 Answer | Asked in Child Custody for Mississippi on
Q: I need to know about how to go about getting custody of my son

So my ex wife who me and my boyfriend were living with for about two months around this time last year along with my son she was pretty cruel to us she kicked us out so she could have my son and ever since then I have been begging her she slanders me I am also the birth mother I didn't abandon... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 10, 2023

Your case is far too complicate to adequately answer your question in this forum. Additionally, I don't believe you have provided all information necessary. For example: if there is no court order giving your ex custody, and you are the birth mother, you could possibly gain assistance from... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: If a person doesn't bond out of jail after being charged with a felony, is there a set number of days to get indicted?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 12, 2023

Long story short, there is no set number of days that they State has to present a case over to the grand jury for a potential indictment; however, with each passing day, there is an increased likelihood of a dismissal based on the violation of the constitutional right to a speedy trial. The other... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can someone without a lawyer get a copy of their discovery packet?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 12, 2023

The short answer is yes. A person who is representing themselves can get a copy of their discovery packet by making a formal request with the prosecutor, and the prosecutor is obligated to turn over the discovery packet when requested.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can anyone tell me what this means thanks

AGREED ORDER EXTENDING DEADLINES FOR CASE TRUSTEE AND U.S. TRUSTEE TO FILE $727 COMPLAINTS AND MOTIONS FOR DISMISSAL FOR ABUSE

On ore tenus motion of the debtor(s) and the trustee in the above styled cause to extend the deadlines for filing § 727 complaints and/or a motion to dismiss for... View More

Randall R. Saxton
Randall R. Saxton
answered on Jun 7, 2023

The deadline for the trustee to file a complaint against you or a motion to dismiss for abuse has been extended. While not knowing the circumstances of your case, this is generally due to them not having enough information from you at the time of your 341 meeting to conclude the meeting.

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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... View More

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... View More

1 Answer | Asked in Federal Crimes for Mississippi on
Q: How long it normally take.a grand jury to return a indictment
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 6, 2023

That question is a lot trickier than it sounds. Oftentimes, it can be several months, and sometimes years, before a case is even presented to the grand jury. That being said, at a certain point, the person charged has grounds to request that the charge be dismissed and expunged from their record.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Does a misdemeanor shoplifting charge make a person ineligible to work a job with children in the state of Mississippi?
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 6, 2023

Not necessarily; however, the best course of action in a situation like that would be to try and have the charge or conviction expunged from the person's record, so as to avoid any potential issues with eligibility.

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... View 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... View More

2 Answers | Asked in Bankruptcy for Mississippi on
Q: When the chapter 13 petition is over what will the bank require me to do about my conventional mortgage

Do I just continue to pay them or what will happen I’m just making sure they can take my home after the bankruptcy is over thanks

Randall R. Saxton
Randall R. Saxton
answered on May 25, 2023

You will just restart paying the bank directly.

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I have a conventional mortgage loan with the bank and they require you to refinance the home every 7 or 10 years

What will happen if I file a chapter 13 bankruptcy will they ask me to refinance or will they take my home

Timothy Denison
Timothy Denison
answered on May 25, 2023

They cannot ask you to refi or take your home if you file a chapter 13 petition.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I file chapter 13 bankruptcy can I add my home if it’s a conventional mortgage loan

I home is financed threw a bank with a convention loan how does this work if I file chapter 13 bankruptcy

Randall R. Saxton
Randall R. Saxton
answered on May 25, 2023

You can include your home in a Chapter 13 plan, and your payment remains the same. If you owe an arrearage, you can spread out and pay back the arrears over the life of the plan.

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1 Answer | Asked in Employment Law, Appeals / Appellate Law, Civil Rights and Public Benefits for Mississippi on
Q: I was fired from Pizza hut jan.12 2023, I was told I was fired because my performance didn't meet their premiere standar

I didn't meet their premiere standards after they appealed my unemployment they said at hearing I got fired for missing 2 days in a row no call no show , but I know I worked those specific days cause Google maps and I worked my aunts birthday jan. 9. They are lying about the dates. . Can you... View More

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

First you need to have a hearing with an ALJ on your unemployment claim, and present your evidence showing that you were improperly terminated under false allegations. Then, once you win that, you need to contact an employee's rights attorney in your local area. You need to consult an... View 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... View 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... View More

1 Answer | Asked in Traffic Tickets and DUI / DWI for Mississippi on
Q: I have a court date on my ticket , not the same date apparently and now there is a warrant out for my arrest ?
David A. Simon
PREMIUM
David A. Simon
answered on May 24, 2023

You need to contact a DUI attorney in your jurisdiction. Many times an attorney can clear the warrant without you having to post bail. This can save you thousands of dollars. Don't turn yourself in. Just seek out counsel.

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