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Mississippi Questions & Answers
1 Answer | Asked in Car Accidents and Domestic Violence for Mississippi on
Q: I parked behind my boyfriend at his job on private property, and blocked him in from leaving.

He reversed and pushed my car out of the way with his car. Then when he was able to get out, he backed up and hit my car again before driving off . I’m not pressing charges & I wasn’t injured, but can the police? I heard them mention something about private property, but also heard them... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

It could be any number of charges.

For starters, for the damage to your car, get estimates and send them to your insurance company.

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: My husband just died today of a overdose and he had a car would I get the car and how would I do that
Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

You would need to change the title. See if your state has a small estate process for situations like yours. Short answer is yes.

1 Answer | Asked in Personal Injury and Civil Litigation for Mississippi on
Q: In a case where you are suing someone for damages they did to you can their attorney request your cellphone records

I was hurt an seekingbrecovery now their attorney wants my cellphone records

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

If it s relevant , but only for the day and hour at issue.

1 Answer | Asked in Consumer Law and Products Liability for Mississippi on
Q: My disabled significant other, who suffered a stroke, was sold a vehicle to which the title does not match.

My significant other, who has questionable reasoning skills, at best, due to a major stroke, paid cash (quite a bit) to a “friend” for an “antique” vehicle. (As a matter of fact, I have durable POA.) When attempting to resell the vehicle, it was determined the vehicle does not match the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

You are right. It's up to them to give you good title. Otherwise sue them for the money paid.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If my husband took a plea 60sec before the jury came back with a not guilty verdict should he still be sentenced.
Arthur Calderon
Arthur Calderon answered on Feb 18, 2021

Unfortunately, in these types of situations, once the plea was accepted by the Court, then it became almost impossible to take it back, since a plea is an acknowledgement of guilt.

1 Answer | Asked in Uncategorized for Mississippi on
Q: What does a first time offender get for giving false information on a stolen credit card misdemeanor charge

Girlfriend stole it from mother but was seen taken out of his wallet in Dollar general

Arthur Calderon
Arthur Calderon answered on Feb 18, 2021

If it's a misdemeanor charge, there is a good chance that a lawyer could work it out with a prosecutor to where trial is avoided and the charge does not go on your record. That being said, if you had nothing to do with the underlying crime, then you should seriously consider taking it to trial.

1 Answer | Asked in Estate Planning, Banking and Probate for Mississippi on
Q: Can stepson take entire savings in mine and now deceased husbands bank account

We had put my stepson on the account in the event something happened to us he would have access. My husband passed away suddenly and within a matter of days my stepson had taken entire amount and will not speak to me. Is there anything I can do to get my money back since he was on the account. I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 14, 2021

This is a classic case of do it yourself estate planning gone wrong. It might be theoretically possible for you to recover the money, but you will have to sue your stepson to get it back, and you will have the burden of proving that the money was yours and not his. You did not say how much money... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Mississippi on
Q: Hello I have some general questions about possible ownership of land patents. How does one go about finding out more ?

Biggest concern is how does one know if they are entitled. My last name references many land patents in MS.

Peter D. Mlynek
Peter D. Mlynek answered on Feb 11, 2021

I am sorry, but patents in intellectual property deal with inventions, and not land patents. You are going to have to ask your question in the real estate group.

1 Answer | Asked in Federal Crimes for Mississippi on
Q: My fiance was charged with a sexual offense, later the girl admitted she lied, can the case against him be appealed?
Arthur Calderon
Arthur Calderon answered on Feb 10, 2021

It can potentially be overturned; however, your fiance will need to make sure that he follows a very particular procedure to present the information before the sentencing court in the hopes of having the sentence overturned. It would be in your fiance's best interest to see about talking with... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Mississippi on
Q: I was riding with someone. The Officer found pills that were not mine in floor on my side. Is it lawful to charge me.

I owned up for possession of marijuana which was mine. The driver didn't own up for his pills and neither did I, but I got charged

Arthur Calderon
Arthur Calderon answered on Feb 5, 2021

First, be very careful about any information that you put on a forum, even this one. As to your question, it is very typical for law enforcement to charge everyone with possession of a controlled substance, especially if they cannot pin it on one particular person. The problem that they will run... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have 3 misdemeanor shoplifting charges and I want to plead guilty and pay the fines but I can not go to jail

I have small children and I can't go to jail

Lance Mixon
Lance Mixon answered on Jan 30, 2021

Many judges across the state have a policy a mandatory jail time to serve, even on one (1) first offense lifetime shoplifting charge. 1 is serious enough, but 3 will surely raise red flags with the court. My advice is to contact a criminal defense attorney to discuss options.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have a acc after the fact I'm trying to see how much time it carries
Arthur Calderon
Arthur Calderon answered on Jan 24, 2021

It really depends on the underlying crime. That being said, it may be best for you to consult with a private lawyer to go into more details about the allegations so that you can see what potential time you might be looking at.

1 Answer | Asked in Criminal Law for Mississippi on
Q: How do you file a criminal complaint of fraud for home repair?
Arthur Calderon
Arthur Calderon answered on Jan 24, 2021

If you feel as though there is a crime that was committed, your best bet is going to be to go to the local city or justice court and file a criminal complaint against the person. That being said, depending on the circumstances, you may also have a civil case against the person for not doing their... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Does the sentence for accessory after-the-fact of grand larceny carry a 10 year sentence in Mississippi justice system
Arthur Calderon
Arthur Calderon answered on Jan 14, 2021

It depends largely on the dollar amount for the underlying charge. Assuming that it is high enough, then it very well could carry a 10 year sentence; however, since it is non-violent crime, the person charged may be able to avoid jail time. Regardless, it is in the person's best interest to... Read more »

1 Answer | Asked in Domestic Violence for Mississippi on
Q: My husband is charged with domestic aggravated assault in MS. I did not file charges, I was told the state did.

I was asked to give a recorded video statement and I want to know if I can ask them not to use this in court. Do I have the right to withdraw my statement entirely?

Arthur Calderon
Arthur Calderon answered on Jan 14, 2021

It really depends on the circumstances; however, I'd be curious to know whether your husband has been indicted yet. Assuming yes, then he needs to get with a lawyer immediately. Regardless, if you gave a false statement to law enforcement, then that is something that should be disclosed.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: My husband is charged with domestic aggravated assault. The state filed this charge. I was asked to give a recorded

Video statement. I do not want this used in court anymore. Legally, can I tell them not to? Can I withdraw that statement entirely?

Arthur Calderon
Arthur Calderon answered on Jan 14, 2021

It really depends on the circumstances; however, I'd be curious to know whether your husband has been indicted yet. Assuming yes, then he needs to get with a lawyer immediately. Regardless, if you gave a false statement to law enforcement, then that is something that should be disclosed.

1 Answer | Asked in Criminal Law and Identity Theft for Mississippi on
Q: Can I be tried for a identity theft misdemeanor that happened 5 years ago
Arthur Calderon
Arthur Calderon answered on Jan 14, 2021

Unfortunately, you can be; however, there is definitely an argument that the case should be dismissed due to lack of a speedy trial. I would highly encourage you to reach out to a criminal defense lawyer to talk about the details of your case, as a motion for dismissal hinges on very particular... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Mississippi on
Q: Can I go to jail if someone is stabbed in self-defense.

HE threatens to do harm to me and my family rushes at me to get to my sister I pull out a knife bring it too face level he sees it and still rushes at me he swings I dip low he impale himself on the knife I push him away raise it back up he sees it again he backs away starts fussing and we take him... Read more »

Joseph Abrams
Joseph Abrams answered on Jan 13, 2021

Self-defense, if established, is an affirmative defense and you would not be guilty of a crime. However, whether or not there was self-defense is fact specific. Based on the facts described in your question, there seems to be an opportunity to try to establish self-defense; however, ultimately, it... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If somebody got a aggravated assault first time what happen
Arthur Calderon
Arthur Calderon answered on Jan 11, 2021

It really depends on the circumstances. Are you talking about if they are picked up on those charges or if they are convicted. Agg assault is considered a violent crime in Mississippi, so if the person is convicted, they could be facing a day-for-day sentence, which means their time in jail would... Read more »

1 Answer | Asked in Personal Injury for Mississippi on
Q: Bit by a dog and owner won’t provide proof of vaccination. Owner lying about dog being an inside dog. What can I do?

I got checked out and have an antibiotic. May need to get rabies vaccine if I don’t have proof that this dog was vaccinated. I contacted the owner and she is stalling and lying to me about everything it seems. I am nice, but I did nothing wrong in this situation.

Arthur Calderon
Arthur Calderon answered on Jan 11, 2021

You may have a case against the dog owner, especially if the dog had previous indications of being violent. If that is the case, then you could potentially sue the owner for damages, to include medical bills and vaccinations. I would highly encourage you to reach out to a personal injury lawyer to... Read more »

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