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Mississippi Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Mississippi on
Q: My wife and I are split up. She got in a fight with a girl and the next morning she files a police report saying I hit h

Her and put a restraining order on me. And while I was at work her and the police came to my mom's and forced her to give her my kids. Now she won't let me see my kids. What do I do.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Aug 1, 2021

You should have a hearing on the restraining order, and if you can prove that you did not assault her, the order will be lifted. Other than that, I would file for divorce immediately, ask for a temporary hearing, and fight for custody of your children.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I have been told by two different lawyers, today, that hindering prosecution is a felony in Mississippi,

and is not eligible for expungement. This clearly says it's a misdemeanor. I'm very confused. Can you tell me which it is?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 29, 2021

Hindering prosecution is a felony in Mississippi; however, it is not one of the listed felonies ineligible for expunction once certain elements have been met. You must have paid all fines, assessments, and restitution ordered. You must have served all of the time ordered. Five years must have... Read more »

1 Answer | Asked in Probate for Mississippi on
Q: I need to find information about heir property in Mississippi. Who should I talk to?

The property was owned by my grandparents, they are deceased and their children are deceased. Thirteen grand children are living. How can I find out who's name the property is in? Two of the grand children have information about the property and will not share the information with the others.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 28, 2021

Call a MS attorney in the County where the property lies. Hire him to search the title and then see who is presently receiving the tax notices. If it looks profitable, the lawyer will need to determine Heirship, and then record an Affidavit of Heirship. A Partition Action may be necessary.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: I filed Chap. 7 four yrs ago and now looking to file Chap. 13 am I required to pay back all credit card debt?

Or can some of it still be discharged?

Randall R. Saxton
Randall R. Saxton answered on Jul 27, 2021

If it has been more than 4 years since you filed your Chapter 7, you are now eligible for a discharge in a Chapter 13. The portion of your unsecured debt that you will repay in a Chapter 13 will dependent upon your actual current income and expenses.

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1 Answer | Asked in Criminal Law for Mississippi on
Q: Talking to a juror after my trial

If I was found not guilty in a trial can I contact a member of my jury to ask questions about how they came to not quilty?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 27, 2021

Why would you want to do that? It is sometimes better to leave well enough alone. It can be viewed as harassment or an attempt to intimidate.

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: If I suspect my neighbor picked up my dog and has kept her - what can I do ? Can I take them to court
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 25, 2021

Yes, you can take them to court. You can contact law enforcement to file criminal charges and/or file a civil action.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: I’m court ordered through DHS to get $160 but I barely get it. If I closed the case & used a lawyer could I get more?

He has like 5 other child support cases but his oldest two kids are grown. My child is 10. He feels like as long as I have him on child support through dhs he doesn’t have to do anything else so he wants me to close my case so that the arrearage won’t add up. He keeps changing jobs and... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 24, 2021

First, if you drop the case with DHS, the arrearage will continue to accrue. Second, generally, child support is based on a net income figure for the paying parent and any previously court-ordered child support, not the number of children he has. If his older children have emancipated, they cannot... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Mississippi on
Q: pulled over in mississippi all police found was a used syringe and wrote ticket for paraphernalia wat can i do about it
Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

As much as I hate to give a lawyer answer, the short answer is that it depends. Perhaps most importantly is that it depends on what you told the officer, as well as why there was a syringe in there to begin with. If you or someone you know requires the syringe, and it was simply left in there, then... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Traffic Tickets for Mississippi on
Q: Can a cop pull someone over because it appears they have no seatbelt, then give tickets for marijuana and paraphernalia?

Someone I know got pulled over for appearing to have no seatbelt, when they had one on the whole time. After being pulled over, the cop smelled marijuana and the person was honest and showed him, he had 2.5 grams and also the pipe he hit it out of. The cop issued 2 tickets, in pencil, possession of... Read more »

Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

Likely not, unless it is absolutely established that the officer was lying. Typically, an officer can pull someone over for any traffic violation or perceived traffic violation. Afterwards, such as in a situation like this, if a person volunteers information about possessing a controlled substance,... Read more »

1 Answer | Asked in Constitutional Law for Mississippi on
Q: Can you be denied a continuance if your trying to hire another attorney to represent you in trial
Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

Yes, depending on the circumstances. Oftentimes, judges will allow a continuance so that you can try to secure private counsel; however, they will also typically give you a deadline to hire a lawyer, otherwise you will have to move forward with a public defender or without representation.

1 Answer | Asked in Gov & Administrative Law for Mississippi on
Q: How can you wave your rights at a preliminary hearing when you are sitting there waiting to see the judge
Arthur Calderon
Arthur Calderon answered on Jul 21, 2021

You can waive your right to a preliminary hearing by informing the court that you are waiving it. That being said, you should only waive a preliminary hearing in very few circumstances, as you have every opportunity to see what all the prosecutor may have that led to the charges against you.

1 Answer | Asked in Family Law for Mississippi on
Q: Is alimony and child support awarded by the court in Mississippi a public record?

I have a step daughter whom was married and divorced over three years ago to a prominent doctor. They had three children all minors born from the marriage. I continue to support her as she said she receives zero alimony or child support from the ex husband. I have gone by her word in this matter.... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 20, 2021

The court records are open to the public. Go to the chancery court in the county where the divorce was entered. Give they clerk her name and her ex’s name and ask to see the file. The final Order will be there.

1 Answer | Asked in Contracts for Mississippi on
Q: Would I be able to break my lease?

moved in 4/26, had a leak in bathroom 5/1 from upstairs neighbor AC. Contractor came out 5/10 and did not fix it properly. Had another leak 5/29 worse than the first time that now has mold outside the vent and inside. Nobody has yet to fix. I filed a complaint to MS Home Corporation and a inspector... Read more »

William R. Wright
William R. Wright answered on Jul 17, 2021

Without a lawyer reviewing your lease, there is no way to competently give you an answer to your question about breaking your lease.

1 Answer | Asked in Tax Law for Mississippi on
Q: Hello, this statute (TX Tax Code 34.01) frequently references a "taxing unit." What are they referring to?
William R. Wright
William R. Wright answered on Jul 17, 2021

The Texas Tax Code defines a "taxing unit" as follows: " 'Taxing unit' means a county, an incorporated city or town (including a home-rule city), a school district, a special district or authority (including a junior college district, a hospital district, a district... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My husband and I remarried in 2020. He is a disabled vet and doesn’t pay taxes. I filed a joint tax return at the end.

They took the taxes even though he doesn’t pay taxes to pay back child support on our case. The case was closed in March after they took our taxes. However, we still can’t get out taxes released

William R. Wright
William R. Wright answered on Jul 17, 2021

I really don't have enough facts to be confident about my answer. However, I am assuming you meant that the IRS took your refund. If either joint filer has a back child support issue, any refunds can be confiscated by the IRS. I don' t believe that the IRS will release the confiscated... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Mississippi on
Q: Can a witness write a statement an go to court an give t totally different statement
Arthur Calderon
Arthur Calderon answered on Jul 16, 2021

Yes, they can, and it happens quite a lot more often that people realize. Usually, whenever a witness does something like that, they are putting their credibility at risk.

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1 Answer | Asked in Business Law for Mississippi on
Q: Can a city clerk own a business in the town they are clerk in?
Michael Graves
Michael Graves answered on Jul 15, 2021

If you are a contract employee with the City, which I would doubt, there may be a provision in the contract which provides that you cannot have other employment; if so, that would potentially be a problem. Absent that, there would be no prohibition against you owning a business in the city just... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Using forensic interviews in a trial

What if I was waiting trial and have trials in 2 different counties for the same charges of lustful touching, the police used the forensic interviews to determine what, where and how many times I would be charged for. I've had my trial in 1 County that was 1 charge but judge allowed the other... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jul 14, 2021

If the other witnesses have given testimony regarding their individual allegations and the versions are inconsistent, your lawyer can use the different statements to impeach the witness to show that they are lying or are telling different stories as to what happened.

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