Lawyers, Answer Questions  & Get Points Log In
Mississippi Questions & Answers
1 Answer | Asked in Traffic Tickets and Car Accidents for Mississippi on
Q: Will I go to jail for a first time no drivers liscense ticket after a car accident?

I'm already paying for an older charge, and I am not on probation

Arthur Calderon
Arthur Calderon answered on Jan 19, 2020

Likely not, as most people are not put in jail for tickets. That being said, as long as you are still paying towards your older charge, you should still be good to go. As to the car accident, I would encourage you to reach out to a lawyer, as you may be entitled to compensation if the other driver... Read more »

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: I was issued a no drivers liscense ticket after I was hit by another driver what will happen in court?
Arthur Calderon
Arthur Calderon answered on Jan 19, 2020

It really depends. Sometimes, a prosecutor may do away with the ticket because of the circumstances; however, there would need to be more information. I would highly encourage you to reach out to a criminal defense and personal injury to discuss further, not just for the ticket, but also for being... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for Mississippi on
Q: If a patient was sexually assaulted in the hospital is the hospital responsible for the employee's actions if being sued
Arthur Calderon
Arthur Calderon answered on Jan 16, 2020

Quite possibly. I would highly encourage you to reach out to an attorney to talk more about the facts and circumstances. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers offer free consultations to see how we can help out.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can the police arrest you for a misdemeanor charge? Poss. Of paraphernalia

I was booked, arrested, had my vehicle towed, and had to pay a bondsman to get me out of jail for the misdemeanor charge of poss. Of paraphernalia. Is that an arrestable offense when it's the only thing they've charged you with?

Arthur Calderon
Arthur Calderon answered on Jan 16, 2020

Unfortunately, it is an arrestable offense. Typically, the only items that law enforcement will not arrest a person for are minor traffic violations, with the exception of DUI.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: Any liability witnessing aggravated domestic violence dispute as a security officer off property and did not call 911

Any consequences not calling 911

Arthur Calderon
Arthur Calderon answered on Jan 12, 2020

Potentially. Security personnel have an obligation to assist and maintain people's safety within the grounds of the premises. I would highly encourage you to reach out to a lawyer to discuss further. Feel free to reach out to any one on here by clicking the contact information next to their name.... Read more »

1 Answer | Asked in Estate Planning, Family Law, Probate and Social Security for Mississippi on
Q: I have a step sister who has my father's power of attorney and he has passed away. She is saying she is also incharge of

his estate. I have never seen his will or anything. She claims he has a lot of debt. She is wanting my social security # because she cashed his check for December the month he died. She states she needs that so they can take the funds out of the estate. Thank You Annette

Arthur Calderon
Arthur Calderon answered on Jan 12, 2020

The only way that she can legitimately be put in charge of the estate is if she already filed the paperwork with a chancery court and the court appointed her as the executrix over your father's estate.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Are you supposed to be offered an attorney in a misdemeanor trial?

I plead not guilty to a poss. of paraphernalia charge. I was never asked about an attorney and the next time I went to court I was put on the stand to testify. I apologized to the judge for being nervous stating I knew nothing about a trial taking place today because if I did I would have had an... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 12, 2020

Yes, you have an absolute right to have an attorney there to assist you. If you cannot afford one, then the court is supposed to go through an analysis and determine whether you qualify for a court appointed attorney. The other thing that I am seeing is that they made you testify, which you have... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: I be legally sued and forced to pay child support by a non U.S. citizen for a child that I do not recognize

I am a U.S. citizen and resident of the state of Mississippi and I have been threatened to be sued for child support by a non U.S. citizen but Philippine citizen for a child that I do not recognize as mine and my name is not on the birth certificate

Arthur Calderon
Arthur Calderon answered on Jan 12, 2020

You can be sued; however, it is more of a question as to whether the mother can establish paternity. If so, then you may be on the hook for child support; if not, then you would not have to worry about child support unless you hold yourself out to be the father.

1 Answer | Asked in Contracts for Mississippi on
Q: I am trying to break my lease but they do not have any regulations for me breaking my lease in the lease agreement?

They want me to pay the remaining balance but that doesn’t seem correct.

Tim Akpinar
Tim Akpinar answered on Jan 11, 2020

You posted in Contracts, and you are correct. A lease is a contract. But if you reposted under Landlord-Tenant, you might have a better chance of a Mississippi L-T attorney seeing your question. Good luck

Tim Akpinar

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: My brother in law signed an affidavit that my husband had no wife to get my husband bank account and 401k.what can I do

My husband was retired military and we where having problems but was never divorced.

Nina Whitehurst
Nina Whitehurst answered on Jan 8, 2020

That is fraud and theft and other things. Hire an attorney to pursue the claim against your brother in law.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: I received a careless operation ticket after a wreck I was the only vehicle involved I was on my back to MS getting on

Off of 12 w right when you are at to get on the Hwy I heard a boom my airbags deyployed my passenger side busted out. My car was spinning out of control no cars were on the Hwy on my side when I hit the barrier it slowed me down got control turned blinkers nobody would stop. Called for police and... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 7, 2020

You may want to consider contacting the local court and ask for the court clerk. Once you do that, then ask the clerk how much the fine would be.

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: After 5 years of trying, I was finally awarded a child support order. I was told that the absent father was ordered to

Pay over $600 per month. However, I have only received 3 $50 payments. Why am I not receiving the amount that was ordered in the judgment? Why am I not consistently receiving payments? Should the payments come on the same day every month?

Arthur Calderon
Arthur Calderon answered on Jan 7, 2020

It sounds like you may need to consider talking to a family law attorney to file a contempt action against the father for failure to adequately pay child support, as he should be paying the full amount on a regular basis.

1 Answer | Asked in Estate Planning for Mississippi on
Q: My sister created a Durable Power of Attorney for the state of Mississippi on legalzoom for $15.00.

My mother did sign it and It was notarized, but never filed anywhere. At that time I think my mother had mild dementia. Now she has severe Alzheimer's. Does my sister need an affidavit from my mother's physicians as to incompetence? Is this a legal document, seeing that she did it at home... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 4, 2020

It doesn’t need to be filed anywhere in order to be legal, but no attorney in this forum can give you an opinion regarding the legality of it without reviewing the document and engaging in a consultation regarding the circumstances of its execution. Also, whether a doctor’s opinion is needed... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If an inmate was held 14 months with no charges and/or indictment denied bail for a hold that did not exist.

Was finally able to bail out 9/23/19 . Was indicated 10/28/19. Constitution says inmates have to be indicted within 180 day.

Arthur Calderon
Arthur Calderon answered on Jan 2, 2020

There are multiple issues presented in this scenario. First, I would be curious as to the underlying charges, since you are entitled to reasonable bail (unless it is a capital crime). The other issue is the one that you pointed out, which is that they have a certain time frame to bring your case to... Read more »

1 Answer | Asked in Employment Law, Family Law, Workers' Compensation and Banking for Mississippi on
Q: I got fired from a bank because I did steal but put back the money. Been trying to get in touch with a ceo and nothing

I use to work at community bank. I’m pregnant and no one would hire me. What do I do?

Arthur Calderon
Arthur Calderon answered on Jan 1, 2020

You really need to consider reaching out to a criminal defense lawyer, as there will likely be criminal charges coming down the pipeline. Depending on the circumstances, you may be able to avoid jail time and having this go on you record. Feel free to reach out to any lawyer on here by clicking the... Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: Do i have any rights to a child ive never seen or been around she will be 8 and im not on the birth certificate

The mothers soon to be ex husband wants custody of said child.. Because the mother ran off and left him with the child. And now the step father of child wants the "bio father" to sign rights off so he can adopt the child. Does the alleged bio father have any rights at all to sign off in the first... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 1, 2020

Yes, even though bio father may not be on the birth certificate, he still has rights that he can pursue, which would in turn be superior to the stepdad. I would highly encourage you to reach out to a lawyer sooner rather than later, as these types of cases can get very nasty, very quickly. Feel... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: My child support states pay until child is 21 or otherwise is declared emancipated . He is graduated high school

He is not going to college an will not get a job .

Anything I can do?

Arthur Calderon
Arthur Calderon answered on Jan 1, 2020

Unfortunately, there is very little that can be done based on the facts presented. The child support will follow the child until he reaches 21, regardless of where he is living, who he is living with, or his lack of work or school.

1 Answer | Asked in Banking for Mississippi on
Q: I received a check from a company I was going to advertise for..my bank approved it and cashed it.

Turns out the check was fake. The bank says I’m liable for the money. The teller at the bank that helped me Took the check to a superior it was approved and cashed

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 22, 2019

The reason the bank is looking to you for the money they lost is because you cashed the check and have the money.

1 Answer | Asked in Criminal Law and Civil Litigation for Mississippi on
Q: I was arrested for possession, and my gun was confiscated. What do I need to do to get my gun back?

First time offense. Legally own the firearm. Also how do I keep the offense off of my record. All of this occurred in Mississippi.

Arthur Calderon
Arthur Calderon answered on Dec 16, 2019

You need to reach out to an attorney sooner, rather than later. The first thing that I wonder is whether you have already been convicted. Regardless, a lawyer may be able to help, but it is going to depend on the actual charge and current status of the case.

1 Answer | Asked in Criminal Law and Federal Crimes for Mississippi on
Q: Im wondering how I need to go about seeing if I can purchase a rifle. I was on probation in 2015 with the code 99-15-26

I plead guilty to a arson charge and served two half’s probation

Arthur Calderon
Arthur Calderon answered on Dec 16, 2019

As a convicted felon, Mississippi law does not allow you to possess a firearm or any other type of deadly weapon. That being said, depending on the age of the conviction, as well as other factors, you may be able to get a certificate of rehabilitation, which would allow you to possess a firearm;... 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.