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Q: Can I be put on 6 months misdemeanor probation with $600 fine for poss of marijuana when it was less than a gram (.2g)

I was a passenger in a car. We were initially stopped by 2 city officers for the window tint. We're were immediately pulled out of the vehicle and searched. I had to tiny pieces of weed in my pocket. Not even a gram .2 grams to be exact. I plead not guilty. The judge set me a court date. Once... Read more »

Arthur Calderon
Arthur Calderon answered on Aug 10, 2021

They can if you ended up pleaded guilty or were found guilty by the court. The good news, though, is that at the of this the 6 months, your record will be expunged and it will not even show up on your record. The bad news is that you only get one bite at the apple when it comes to getting... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Can you be criminally charged by a debt collector if your card declines when they try to pull it?

Debt collection agency pulled from my account several times, and then called to tell me that there would be a bench warrant issued against me should the card decline again.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Aug 7, 2021

Not unless you are attempting to use someone else’s card without permission.

1 Answer | Asked in Criminal Law for Mississippi on
Q: I just received a "Probable Cause Citation" on Friday letting me know that “someone” is charging me with, "Impersonating

I just received a "Probable Cause Citation" on Friday letting me know that “someone” is charging me with, "Impersonating Another Person On Internet". I do have a 3-4 clues/suspects of who “I think” is charging me of this, but don’t know for sure.

How do I find... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Aug 7, 2021

I’m not sure what you are referring to as a “probable cause citation.” Go to the court that is handling the citation (probably justice or municipal court) and ask to see the file so that you can make copies. The affidavit will be in the file.

1 Answer | Asked in Copyright for Mississippi on
Q: Can the name Sturgis be used by Sturgis MS to name a motorcycle event, t-shirts, banners, advertisements for event?
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 5, 2021

You need to do a search for whether the trademark is registered and consult with an attorney.

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: My best friend is being raped by her husband and needs to leave state with her two kids. She lives in Mississippi.

I need to figure out how to get them legally out of state. They are coming to Michigan and I want to make sure that we do this right.

William R. Wright
William R. Wright answered on Aug 5, 2021

This is a terrible situation. I am assuming the two children are also your friend's husband's children. There is no law prohibiting her travel out of state with her children. If Michigan is where she has friends or family, that is the logical destination for her on a temporary basis. If... Read more »

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: If I have temporary custody over my child. Can I be taken off of child support ?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Aug 4, 2021

Yes. If you have temporary physical custody of your child by virtue of a court order, you can be taken off child support. The temporary order should order that, but if it does not, contact your DHS case worker and provide her with a copy of the order showing that you have temporary physical... Read more »

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: What can be done legally when a dog killed my dog?

we were invited by a pitts owner who did not ensure the animal was secured and her stepson let him out who immediately attacked my dog. After 12000.00 vet bill, he died. I can prove he killed 20 chickens the week before and goats months before that. Thus is in smith county. I made a report ar... Read more »

Arthur Calderon
Arthur Calderon answered on Aug 3, 2021

You could potentially sue the owners of the pitbull. If the dog had a history of being violent, then they were effectively put on notice of the dogs violent propensities, which means that they could be found to be legally responsible for any damages to a person or their property.

2 Answers | Asked in Trademark for Mississippi on
Q: Interested in purchasing trademark - THERMA-JAC - Trademark Details
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 2, 2021

You need to consult an attorney to understand your options.

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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.

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