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Mississippi Questions & Answers
1 Answer | Asked in Criminal Law for Mississippi on
Q: WHAT DOES INACTIVE SUPERVISION FROM PROBATION MEAN? THANK YOU
Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 24, 2022

That should mean that even though the person is currently on probation, they do not have to check in with a probation officer on a regular basis.

1 Answer | Asked in Criminal Law for Mississippi on
Q: If over half ticket says n/a and multiple parts of the ticket are not correct can my charges be dismissed

Possession charge. Was pulled over and not given a reason as to why he was pulling me over , he never asked for my insurance or for my registration , never asked for the name of my passenger , searched me without giving a reason even when I asked , got the zip code and model of my car wrong , and... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 24, 2022

Potentially. Tickets, like all other charges, are supposed to have enough information to advise the person of what they are being charged with. Your best bet is going to be to get with an experienced criminal defense lawyer to discuss the facts and circumstances of the case, particularly the stop,... View More

Q: If the officer pulled me over without reason & violated multiple rules n conduction of stop , would he even file charges

Have there been certain circumstances where a ticket or affidavit isn’t filed because the officer knew he did multiple things wrong

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 24, 2022

It really depends on the circumstances. Lots of officers will still file charges regardless of their own conduct; however, if an officer has said that they are pressing charges, then the best thing to do would be to follow up with the local court periodically to see if they did.

1 Answer | Asked in Family Law for Mississippi on
Q: Would automatic sole custody given to unmarried mother be considered the same as order/decree giving 1 parent custody?

I’m asking information about TYPE 1 in MS code 93-63-3. (grandparents visitation) I am aware there is a TYPE 2.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 23, 2022

No. There is no true automatic custody. For the father to have court ordered visitation, someone has to have court ordered custody. I would advise you to contact an attorney. As I stated before your questions are more than can be adequately answered in this forum.

1 Answer | Asked in Family Law for Mississippi on
Q: What’s the process of changing a minors (4yrs) whole name?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 23, 2022

You will have to file a petition in chancery court in The county where the child lives. The petition will have to provide the court with the present name of the child, the proposed new name, and the reason for the change. The petition will need to be signed by the parents of the child or notice the... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: What will be done about these 4 errors on a complaint for grandparents visitation?

1- STEP-grandfather is named as a plaintiff 2- Under section 93-63-3, grandparents can only seek visitation if a court enters a decree or order awarding custody to (1) parent of the child or terminating the parental rights of (1) of the parents of the child or whenever (1) of the parent dies. - I... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 22, 2022

The issue of grandparents’ rights is much more complicated than can be fully discussed here.

1. The step-grandparent can be a named party. Second, you have quoted only a portion of the statute.

2. Visitation rights can also be awarded if the grandparent can show that a...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Mississippi on
Q: What's the appropriate term to us for give up rights other than abandonment
V Julia Luyster
V Julia Luyster
answered on Jul 22, 2022

I do not practice law in Mississippi and this is not legal advise. However, another word for "giving up your rights" is to relinquish your parental rights, to terminate your rights. I hope that whatever situation you are facing that you are well.

Julia

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1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: Can the father of a 9 month old release all rights to the child under certain circumstances?

The mother is extremely irrational, irate, and narcissistic. Child is being held over the fathers head and used as a tool to emotionally attack the father. The father is being stalked, harrsssed and bullied online by thousands of people.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 20, 2022

A father can voluntarily relinquish his parental rights; however, none of the reasons you have given would allow for a termination. The reasons may be a reason to change custody of the child to the father if he is suitable in other respects. However, if the mother agrees to the termination, the... View More

1 Answer | Asked in Child Support for Mississippi on
Q: I’m from Mississippi, so if my daughter gets a full time job instead of going to college. Does my child support stop?

It says till 21 unless emancipated, does a full time job count as emancipation?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 19, 2022

If your child reaches the age of 18, graduates from high school but does not go on to college, and becomes employed full time, you should file a motion to terminate your child support. More than one emancipation event will have taken place; however, an attorney cannot tell you will 100% surety that... View More

1 Answer | Asked in DUI / DWI, Family Law, Native American Law and Animal / Dog Law for Mississippi on
Q: I’m a victim due in court as the witness in a case of dog I don’t want to press charges. I wrote a statement.

What should I say in court? Should we both get a lawyer? Will this go on our record?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 19, 2022

It really depends. There is nothing necessarily requiring you to have a lawyer as a victim; however, if there is the possibility of a civil suit for damages against the dog's owner, you may want to seriously consider having a lawyer present so that they can also communicate with the prosecutor... View More

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Can an officer write a ticket issued to the car in a handicap?

Wrote the ticket when i was in a store and after which I came out to him asking for the placard which I provided he didn’t put my name on the ticket and he put the wrong street on it do i have a chance of fighting it?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 12, 2022

Typically, unless your name is on the ticket, then there is not proper notice of a charge. Regardless, because you provided a placard, you have a good chance at getting the ticket dismissed, assuming that the officer turned in the ticket. Your best bet is probably going to be to contact the court... View More

1 Answer | Asked in Domestic Violence for Mississippi on
Q: i was charged with domestic violence- distrubing the family/peace what will happen in court ?

I was charged with domestic violence in May of 2021 but it was dropped (not guilty)

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 6, 2022

Assuming that it was either dismissed or you were found not guilty, then the case is no longer active and you should not have to go to court. That being said, it may still pop up on a background check with the final disposition on the background check.

1 Answer | Asked in Child Support for Mississippi on
Q: What does it mean when my child support case has been referred to the legal dept. with child services?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 6, 2022

It means that it has been referred to the attorneys for collection through court action.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Do I have any rights I've been in a child's life for the last 5 yrs now I can't see him anymore bc mom with a black man
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 30, 2022

If you are not the biological parent, we’re not married to the other parents, and have not been awarded any visitation with the child through a court order, you do not any any rights to the child. I’m very sorry.

1 Answer | Asked in Child Support for Mississippi on
Q: It’s been a year and state child support office isn’t making my kids father pay full amount that’s court ordered?

I hired a private lawyer in 2020. July 2021 our court order was signed by my childrens father. His payments are suppose to come out his check through the state from his job. But it’s been one whole year and the payments are still not right. I have been to the child support office almost every... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 28, 2022

You would probably do better to take all of your paperwork to a private attorney and let him/her review it. The private attorney will be better able to spend the time on trying to determine what is going on with your case. If the court order states a specific amount each month for current support,... View More

Q: I am currently in the middle of a SSA reconsideration that has been going on since February 7. On May 4 , I had a stroke

This led to a diagnosis of Severe Aortic Stenosis, covered by compassionate allowance of disability. I was given about a year" give or take a few months" without two life- saving surgeries. My disability caseworker was notified immediately after diagnosis. 6 weeks later, I find she never... View More

Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 27, 2022

I am sorry for your issues and the delay in answers, however it is not uncommon in the social security field for a reconsideration to remain pending for 8 to 10 weeks. You should have access to your file online that can advise you where the reconsideration stands. If that is denied, then you... View More

1 Answer | Asked in Criminal Law for Mississippi on
Q: does this plea agreement mean I go to prison? 16 yrs in custody, 11 yrs suspended, 5 yrs supervised probation?

I have two charges both resulting of two offers, (both the same) that I have mentioned above, to run consecutive on a sale charge in MS. I have no priors. I need to know if I have to go to prison or not because I have to ensure my children have adequate supervision as I don't have any family... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 27, 2022

Under the plea offer as given, it would seem that you would serve some time in MDOC custody; however, how long you actually remain in custody (more specifically, the possibility of earned time) is going to depend on the nature of the charges. Some allow you to become eligible for release after... View More

1 Answer | Asked in Criminal Law and Civil Rights for Mississippi on
Q: Allegedly I sold 0.141 g meth then re-met to give 0.237 more to C.I Indicted 2 felon sale chrgs is this Double jeopardy?

I have been indicted on to sell charges both with enhanced penalty from being by a church. I am a first-time offender. Question here is does double jeopardy exist in my case? Also I'd like to know opinions on what to expect for sentencing in Mississippi. The plea offer in its entirety is 32... View More

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jun 26, 2022

You really need to talk to your lawyer further, and refrain from giving details about your case on an open platform like this. As to the double jeopardy, that only applies if you have been tried twice for the same crime or if your liberty is put at risk twice for the same offense.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Incorrect year of car on ticket for throwing out a cigarette on highway

Cost and can it be dismissed because of incorrect info on year of car

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 26, 2022

No, they will simply amend the ticket to show the correct year.

1 Answer | Asked in Criminal Law and Civil Litigation for Mississippi on
Q: I put a peace bond on my ex boyfriend because boyfriend pushed me to file a peace bond on him.

We were sleeping together and my boyfriend found out. We have broken up and I want to remove the peace bond on my ex. How do I do that

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 26, 2022

You will need to go back to the court that issued the peace bond and ask for it to be vacated.

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