Executing a Will or Codicil in Mississippi
The laws governing the execution of Wills and Codicils are very specific and governed by§ 91-5-1. Who may execute; signature; attestation. Every person eighteen (18) years of age or older, being of sound and disposing mind, shall have power, by last will and testament, or codicil in writing, to devise all the estate, right, title and interest in possession, reversion,...[ read more ]
The United States Code Controlled Substances Act
The United States Code Controlled Substances Act Part D — Offenses And Penalties §841. Prohibited acts A (a) Unlawful acts Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally— (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or...[ read more ]
Federal Wiretaps in Criminal Cases
The use of wire taps by federal agents for purposes criminal investigations are admissible only if a warrant was issued to do so. Because of their similarity to searches and seizures, the fourth amendment warrant clause applies to electronic surveillance as well. Obtaining a warrant for electronic surveillance requires showing probable cause to a Judge, describing in particularity the conversation to be...[ read more ]
Plea Agreements in Federal Criminal Cases
A “plea bargain” is an agreement between the prosecutor, the defendant’s attorney and the defendant. In return for the defendant entering a plea of guilty to a criminal charge, the prosecutor agrees to recommend to the judge a particular penalty. Plea bargaining allows the prosecutor to obtain guilty pleas in cases that might otherwise go to trial. The prosecution is...[ read more ]
Federal Sentencing Guidelines
The Federal Sentencing Guidelines are non-binding rules that set out a uniform sentencing policy for defendants convicted in the United States federal court system that became effective in 1987. The Guidelines provide for “very precise calibration of sentences, depending upon a number of factors. These factors relate both to the subjective guilt of the defendant and to the harm caused by...[ read more ]
Injunctive Relief Against a Municipality in Mississippi
When bringing an action against a city government, the Plaintiff may demand an immediate remedy before the case is finalized. For example, to prevent a city government from taking an action, or in other instances, force a city to take action, one may file a Petition for Preliminary Injunction in connection with the underlying lawsuit. According to the The Mississippi...[ read more ]
Judgment Debtor Examination in Mississippi
Upon being awarded judgment by a Mississippi court, the prevailing party may petition to examine the Defendant's assets Mississippi Code Ann 13-1-261 provides: (1) To aid in the satisfaction of a judgment of more than One Hundred Dollars ($ 100.00), the judgment creditor may examine the judgment debtor, his books, papers or documents, upon any matter relating to his property...[ read more ]
Responding to Subpoenas for Documents in Mississippi
Miss. R. Civ. P. 45 governs how to respond to subpoenas for documents in Mississippi. (2) Subpoenas for Production or Inspection. (A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or to permit inspection of premises need not appear in person at the place of production or inspection unless commanded...[ read more ]
Quashing a Subpoena in Mississippi
Miss. R. Civ. P. 45 governs the quashing of subpoenas in Mississippi. (1) In General. (A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it (i) fails to allow reasonable time for compliance, (ii) requires disclosure of privileged or other protected matter and no exception or waiver applies, (iii) designates...[ read more ]
Service of Subpoena
Miss. R. Civ. P. 45 governs the service of subpoenas in Mississippi: (c) Service. (1) A subpoena may be served by a sheriff, or by his deputy, or by any other person who is not a party and is not less than 18 years of age, and his return endorsed thereon shall be prima facie proof of service, or the...[ read more ]
