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Mississippi Questions & Answers
1 Answer | Asked in Tax Law and Real Estate Law for Mississippi on
Q: I am an unmarried spouse surviver, disabled more than 65 years old I own less than an acre of land, do I Have to Pay tax

How do i get the answer?

James L. Arrasmith
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answered on Jan 8, 2024

As an unmarried, disabled individual over 65 owning less than an acre of land, your tax obligations depend on various factors, including the location of the property and your income. Property taxes are generally levied by local governments, and the rules can vary significantly from one jurisdiction... View More

1 Answer | Asked in Real Estate Law for Mississippi on
Q: What practice area covers loud and raucous noise from neighbor?

Looking for legal advice for disruptive loud and raucous noise coming from neighbor's property in close-quarter living conditions. What practice area of law should I reach out to in order to act on this?

James L. Arrasmith
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answered on Jan 5, 2024

For issues related to loud and disruptive noise from a neighbor, you would typically look into attorneys practicing in the area of real estate or property law. These legal professionals often handle disputes between neighbors, including noise complaints and other nuisances.

In some cases,...
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1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: In Mississippi, am I legally allowed to take my son out of the state either temporarily or permanently?

For a bit of background my son is now six years old, and the father has had no contact since he was approximately three months old. We were also never married, and there is no custody order in place given he chose to have no involvement. Does he need to be notified and/or give permission if I... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 5, 2024

Yes, you can take your child anywhere you want and for however long you want so long as you don’t have a court order preventing from doing that.

2 Answers | Asked in Bankruptcy, Foreclosure and Banking for Mississippi on
Q: If a car is returned to the bank, can they take social security money in a checking account?

The vehicle has more owed than value, the bank account only receives money from social security which is only source of income.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 3, 2024

Social security benefits are generally exempt under most if not all state laws, so general creditors cannot use the court systems to capture your benefits.

Most banks are federally chartered, or are insured by the FDIC, and because of that, tend to comply with federal law and requirements....
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1 Answer | Asked in Criminal Law for Mississippi on
Q: What is the length of jail time for stealing a dirtbike in Mississippi
Arthur Calderon
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Arthur Calderon
answered on Jan 9, 2024

This is a little bit of a tricky question. In Mississippi, the length of jail time really depends on the value of the dirt bike. Depending on the circumstances, it could also be worked out to where a person may not have to serve any sort of jail time, and instead the person can participate in a... View More

2 Answers | Asked in Criminal Law for Mississippi on
Q: A investigator has called my wife to come in for questioning. Does she have to go down there?

My wife and the investigator have past runnings and she is scared to go down there without advice from my lawyer.

T. Augustus Claus
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answered on Dec 29, 2023

If an investigator has contacted your wife for questioning, she is not obligated to go in for questioning without proper legal advice. It is within her rights to consult with an attorney before deciding whether to comply with the investigator's request. Seeking legal counsel is a prudent step,... View More

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1 Answer | Asked in Criminal Law for Mississippi on
Q: What are the newest gun laws for possesion of a firearm by a convicted felon
Arthur Calderon
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Arthur Calderon
answered on Dec 30, 2023

The general gist is that no convicted felon can possess a firearm under any circumstances. That being said, there is case law that does allow for an emergency exception, but that exception is very rare and requires a very particular set of facts in order to be validly used.

2 Answers | Asked in Federal Crimes and Criminal Law for Mississippi on
Q: I got stopped and had 4 grams of meth on me and a pipe what should I do before court
Arthur Calderon
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Arthur Calderon
answered on Dec 30, 2023

First and foremost, the first thing you need to do is get a lawyer. Having the pipe is the lesser crime of the two, since prosecutors typically go after the controlled substance charge more than anything. That being said, there are some ways to minimize any potential jail time that you may end up... View More

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1 Answer | Asked in Criminal Law for Mississippi on
Q: Is it considered ineffective counsel for a lawyer willfully withdrawing a motion to suppress my statement & not investig

Not interviewing any witnesses. The motions were filed but there's no ruling from the judge on my docket sheet.

James L. Arrasmith
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answered on Dec 25, 2023

The decision to withdraw a motion to suppress a statement and not interview witnesses may or may not necessarily be considered ineffective counsel on its own. It depends on the specific circumstances of your case. Attorneys often make strategic decisions during the course of a legal proceeding, and... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I was attacked, unprovoked with a golf club at a friend's residence, by a mutual friend, what can I do
Arthur Calderon
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Arthur Calderon
answered on Dec 30, 2023

If you were assaulted, then you have a right to go press charges against the person at a local municipal or justice court. There is also the possibility of civil liability, if the attack ended in injuries that required you to see medical treatment.

4 Answers | Asked in Bankruptcy for Mississippi on
Q: Exemption for vehicles in a chapter 13 bankruptcy

Can someone please tell me what is the max allowed exemption for a vehicle in a chapter 13

Timothy Denison
Timothy Denison
answered on Dec 20, 2023

It varies from state to state and with federal exemptions.

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2 Answers | Asked in DUI / DWI and Traffic Tickets for Mississippi on
Q: I got ticket for reckless of driving and dwi when I went to court they never called me and the clerk could not find me

Could not find me in there system what should i do

T. Augustus Claus
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answered on Dec 19, 2023

If you received a reckless driving and DWI ticket in Mississippi, and the court cannot locate your information, take the following steps: contact the court clerk's office to inquire about your case, verify the accuracy of your ticket details, and consider seeking legal advice, especially if... View More

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: Can anyone tell me what does this means

OBJECTION TO EXEMPTIONS ON AMENDED SCHEDULE C , the Chapter 13 Trustee (the “Trustee”), by and through

counsel, and objects to the Debtors’ claimed exemptions on Amended Schedule C (Dkt. #57) as

follows:

1. The $400.00 exemption claimed for the 55” flatscreen TV... View More

Timothy Denison
Timothy Denison
answered on Dec 18, 2023

If the context is accurate, it appears to say that you have claimed a $400 exemption for your tv when the appropriate exemption amount if $150. Check with your lawyer for more clarification.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Mississippi on
Q: Would this be a break in the Title Chain?

I completed a sale contract as a buyer with my realtor to buy a home from the seller who had a broker. In the contract I request both my sister and I to be on the warranty deed. Signing the Closing Disclosures I was the only one listed as borrower, no Co-Borrower. My Sister signed a non applicant... View More

Anthony M. Avery
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answered on Dec 18, 2023

The Deed of Trust has nothing to do with the Title. Somebody thinks your Sister is either a tenant in common, an occupant or a notemaker. So they required her signature also on the TD. If wrong, you should not have executed the transfer.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can I get case dismissed if I haven't been indicated in 7 months
Arthur Calderon
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Arthur Calderon
answered on Dec 13, 2023

Possibly; however, usually the magic number is nine months before the delay is considered presumptively prejudicial. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the facts and circumstances of your case, or at the very least to get some additional... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: I got a felony drug charge on January 20 2023. And it's October 4 2023 and I still haven't been indicted for the charge.
Arthur Calderon
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Arthur Calderon
answered on Dec 13, 2023

It sounds like there may be the potential for a motion to dismiss based on lack of a speedy trial. Usually, the magic number is nine months before the delay is considered presumptively prejudicial. Your best bet is going to be to get with an experienced criminal defense lawyer to talk about the... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: how long does it take for my lawyer to get my motion of discovery?
Arthur Calderon
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Arthur Calderon
answered on Dec 13, 2023

It usually does not take very long. Typically, once the motion is filed, the state is obligated to produce the discovery quickly, and if they do not, then the defense lawyer could file a motion to exclude that evidence or request sanctions (including a potential dismissal) due to a discovery... View More

1 Answer | Asked in Traffic Tickets and DUI / DWI for Mississippi on
Q: will a old ticket i got taken off be brought up in court if i got reprimanded a second time

I got a speeding ticket about a year ago, and I got it fixed where I wasn't ordered to court or pay a fine and was told if I got reprimanded again, the judge would bring it up and make me pay the speeding ticket. is that true? The ticket I got taken care of was just speeding, and my new ticket... View More

T. Augustus Claus
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answered on Dec 12, 2023

Whether an old ticket can resurface in court for a new offense in Mississippi depends on factors like the judge's discretion and your driving record. While there may not be a specific law requiring it, judges can consider past infractions during sentencing. Your previous speeding ticket, even... View More

1 Answer | Asked in Banking for Mississippi on
Q: If I received insurance check for storm damage can bank cash and hold check because of lack of signature?

Insurance check made out to mortgage company and me, I signed and deposited check, bank cashed check but put hold on it until mortgage company signs, mortgage company won't sign until check reissued by insurance company. Check issued Feb. 2023. Insurance says can't reissue because bank... View More

Anthony DiUlio
Anthony DiUlio
answered on Dec 6, 2023

While I do not practice in Missouri, generally speaking, you will want to contact the Missouri Department of Insurance who should be willing to step in to assist. I see no reason that the mortgage company wouldn't be willing to sign off on the original check, for your back to cancel the... View More

1 Answer | Asked in Civil Rights and Criminal Law for Mississippi on
Q: Can you be guilty of voyeurism on your own property?
James L. Arrasmith
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answered on Dec 2, 2023

Yes, you can be guilty of voyeurism even on your own property. The key factor in voyeurism charges is not the location, but the act of observing or recording someone without their consent in a situation where they have a reasonable expectation of privacy.

This means that if you engage in...
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