Mississippi Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Mississippi Questions & Answers
Q: I got charged with 2nd dui but my first was 5 years and 2 months ago. should I plea not guilty?
Arthur Calderon's answer
You should definitely plead not guilty, and then get an attorney who can look at all of the facts and circumstances of your case.
You should definitely plead not guilty, and then get an attorney who can look at all of the facts and circumstances of your case.
Q: I possessed a old gun that was froze up and no firing pin and got charged with it.will this charge stick
Arthur Calderon's answer
I would argue that you were not in possession of a weapon. You should seriously consider contacting a criminal defense attorney to discuss your case more.
I would argue that you were not in possession of a weapon. You should seriously consider contacting a criminal defense attorney to discuss your case more.
Q: can i get a no fault divorce
Arthur Calderon's answer
If she wants to get alimony from you, she will have to sue you for divorce and request it. That being said, you can both file a joint petition for divorce, and agree that everyone can go their separate ways.
If she wants to get alimony from you, she will have to sue you for divorce and request it. That being said, you can both file a joint petition for divorce, and agree that everyone can go their separate ways.
Q: My daughter died almost 2yrs ago has two kids out of wedlock with their father he died yesterday can I get custody
Arthur Calderon's answer
You need to get with an attorney ASAP, so that they can file an emergency petition for custody. Feel free to reach out to any attorney on here by clicking the contact information next to their name.
You need to get with an attorney ASAP, so that they can file an emergency petition for custody. Feel free to reach out to any attorney on here by clicking the contact information next to their name.
Q: A warrant was issued for my mother and myself based on the ramblings of a drug addicted convicted felon.
Arthur Calderon's answer
First and foremost, you need to be more concerned about the criminal charges against you, as anything that you want to do after that hinges on the outcome.
First and foremost, you need to be more concerned about the criminal charges against you, as anything that you want to do after that hinges on the outcome.
Q: Do I need an attorney to get a affidavit of trust for closing a bank account for my deceased parent?
Arthur Calderon's answer
You will need to have the executor of the estate contact the bank and show them his/her credentials in order for the bank to even allow access the account. Typically, the credentials that the bank will look for will include an order opening the estate for the deceased parent, as well as an order appointing an executor or administrator over the estate. That person, in turn, will be the only capable of accessing any sort of accounts or other material (assuming no other name was put on there) and...
You will need to have the executor of the estate contact the bank and show them his/her credentials in order for the bank to even allow access the account. Typically, the credentials that the bank will look for will include an order opening the estate for the deceased parent, as well as an order appointing an executor or administrator over the estate. That person, in turn, will be the only capable of accessing any sort of accounts or other material (assuming no other name was put on there) and...
Q: How can I quickly expunge a DUI from my record?
Arthur Calderon's answer
It really depends on several factors, including whether the DUI carried an actual conviction, or whether it was non-adjudicated, as well as whether it was your first DUI. Your best bet is going to be get with a criminal defense attorney to further discuss and see whether it can be expunged.
It really depends on several factors, including whether the DUI carried an actual conviction, or whether it was non-adjudicated, as well as whether it was your first DUI. Your best bet is going to be get with a criminal defense attorney to further discuss and see whether it can be expunged.
Q: I need help in finding legal aid to file for bankruptcy
Timothy Denison's answer
Contact your local bar association or local legal aid society. They will assist you.
Contact your local bar association or local legal aid society. They will assist you.
Q: My legal name is not on my court papers I was charged with burglary. My papers has my nickname is that a technicality
Arthur Calderon's answer
At best, it will be considered scrivener's error. Unfortunately, it will likely not be enough to dispose of the underlying case.
At best, it will be considered scrivener's error. Unfortunately, it will likely not be enough to dispose of the underlying case.
Q: If I broke in my fathers house 13 years ago went to prison and it was non violent are my rights reinstated
Arthur Calderon's answer
No. You will need to get with an attorney to expunge your record. Feel free to reach out to any attorney on here. Most firms, including mine, are glad to offer a free consultation to guide you in the right direction.
No. You will need to get with an attorney to expunge your record. Feel free to reach out to any attorney on here. Most firms, including mine, are glad to offer a free consultation to guide you in the right direction.
Q: My disposable income will change on Jan 1 for three years. How/when do I file? Will trustee take changes into account?
Timothy Denison's answer
You lost it in your petition and explain the increases. The trustee will take it into account.
You lost it in your petition and explain the increases. The trustee will take it into account.
Q: I recently got a misdemeanor embezzlement charge and I had to pay 717.25 to get out of jail I have court in the morning
Arthur Calderon's answer
If you pay restitution, then you have to pay the full amount that was alleged to have been embezzled. I'm more concerned as to whether you are pleading guilty, rather than seeking to have this kept off of your record. Given the nature of the charge, you may want to consider getting an attorney (or requesting a continuance to get an attorney), so that you can further discuss options to keep this off of your record.
If you pay restitution, then you have to pay the full amount that was alleged to have been embezzled. I'm more concerned as to whether you are pleading guilty, rather than seeking to have this kept off of your record. Given the nature of the charge, you may want to consider getting an attorney (or requesting a continuance to get an attorney), so that you can further discuss options to keep this off of your record.
Q: On my indictment for possession of meth does the actual weight have to be in said indictment
Arthur Calderon's answer
Unfortunately, no, they do not have to put the exact weight of drugs into the indictment; however, that may be something that a criminal defense attorney can attack once they receive discovery from the State.
Unfortunately, no, they do not have to put the exact weight of drugs into the indictment; however, that may be something that a criminal defense attorney can attack once they receive discovery from the State.
Q: Do they have to put the precise weight of drugs in your indictment on a possession charge?
Arthur Calderon's answer
Unfortunately, no, they do not have to put the exact weight of drugs into the indictment; however, that may be something that a criminal defense attorney can attack once they receive discovery from the State.
Unfortunately, no, they do not have to put the exact weight of drugs into the indictment; however, that may be something that a criminal defense attorney can attack once they receive discovery from the State.
Q: My husband has 3 kids, one is 20 and the other is 18, both live on their own. is he still responsible for child support
Arthur Calderon's answer
Alabama law would govern this. He will need to consult with an Alabama attorney to better answer this question.
Alabama law would govern this. He will need to consult with an Alabama attorney to better answer this question.
Q: How to get delinquent child support payments forgiven
Arthur Calderon's answer
Back child support really cannot be forgiven, as each one is sort of like a mini-judgment against the paying party. That being said, if the other party agrees that they have received payments for back child support already, that may allow you to reduce the arrearage.
Back child support really cannot be forgiven, as each one is sort of like a mini-judgment against the paying party. That being said, if the other party agrees that they have received payments for back child support already, that may allow you to reduce the arrearage.
Q: A relative used my user & pw for Facebook messenger & is using private pictures against me in court. Is this illegal?
1 Answer
| Asked
in
Family Law, Child Custody, Federal Crimes and Internet Law
for
Mississippi
on
Answered on Nov 18, 2018
Answered on Nov 18, 2018
Arthur Calderon's answer
It very well could be. You should probably bring that to your attorney's attention, so that it can be excluded.
It very well could be. You should probably bring that to your attorney's attention, so that it can be excluded.
Q: I was charged with receiving stolen property but I got indicted for burglary how did that work
Arthur Calderon's answer
The State has discretion when deciding how to indict someone; however, that does not necessarily mean that they will be able to prove beyond a reasonable doubt that you committed burglary. I would be curious to see the indictment and how they phrased it. Keep in mind that depending on whether it's burglary of a dwelling or burglary of any other structure, it could be considered a violent crime, which means that any sentence that you get would be day-for-day.
The State has discretion when deciding how to indict someone; however, that does not necessarily mean that they will be able to prove beyond a reasonable doubt that you committed burglary. I would be curious to see the indictment and how they phrased it. Keep in mind that depending on whether it's burglary of a dwelling or burglary of any other structure, it could be considered a violent crime, which means that any sentence that you get would be day-for-day.
Q: Has a new law concerning early release or probation of an inmate convicted of a violent crime been passed?
Arthur Calderon's answer
There is no new law concerning crimes of violence. As it stands, a person convicted of a violent crime is ineligible for any sort of early release.
There is no new law concerning crimes of violence. As it stands, a person convicted of a violent crime is ineligible for any sort of early release.
Q: Can you beat false pretence cases in Mississippi. And how
Arthur Calderon's answer
That's a very tricky question, without additional facts. Your best bet is going to be to get with an attorney to discuss the facts and circumstances, as well as to talk about any potential defenses.
That's a very tricky question, without additional facts. Your best bet is going to be to get with an attorney to discuss the facts and circumstances, as well as to talk about any potential defenses.
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