3rd Offense DUI
If found guilty of a third or subsequent driving under the influence charge, the following sentences and penalties are applied: fine of not less than $2000.00, nor more than $5000.00 (plus court costs) imprisonment for not less than one year nor more than five years suspension of driver’s license and driving privileges for five years (no possibility of hardship license) vehicle...[ read more ]
Federal Indictments
A criminal case in federal court is initiated with an indictment. An indictment is a formal accusation by the federal government that an individual committed a crime. Indictments are obtained when a prosecutor from the U.S. Attorney's office presents evidence to a federal grand jury that indicates a person committed a crime. The U.S. attorney attempts to convince the grand jury that...[ read more ]
Sub-leasing and Assigning Lease Property in Mississippi
A sublease is a lease agreement wherein the Lessee transfers less than all of his rights to a sub-lessee to use and enjoy the premises while retaining the right to re-enter or re-take the premises. For example, when a lessee "sub-lets" a portion of the premises to a "sub-lessee", the "master tenant" retains the right to retake the property under certain conditions. However, the master...[ read more ]
Independent Contractor Status In Mississippi
Mississippi law is well settled that “when a contract is made between two parties that as between themselves creates an independent contractor relationship and involves employment generally performed under a simple master/servant or employer/employee relationship, it will be upheld as between the parties”. Richardson v. APAC-Mississippi, Inc.,631 So.2d 143 (Miss. 1994). The court in Richardson went on to acknowledge that...[ read more ]
Premises Liability of Motel Owners in Mississippi
Motel and hotel owners in Mississippi can be held liable for the violent actions of third parties against guests in their establishment. Whether a motel owner is liable depends on a premises liability analysis. The first step in a premises-liability action is to determine the status of the injured party. A person who enters the premises of another to the...[ read more ]
Mississippi Tenant Eviction
Mississippi law provides landlords with the right to terminate any tenancy by following the applicable statutes. The most common reasons for termination are failure to pay rent and other breaches of the lease provisions. It is important to remember that landlords may not remove their tenants without following the evictions process. To evict tenants in Mississippi, landlords must initiate the...[ read more ]
Accessory after the fact in Mississippi
Mississippi law provides that a person can be charged with “accessory after the fact” if he helps a person avoid arrest, trial or conviction for committing a felony. According to Mississippi Code Section 97-1-5,. (1) Every person who shall be convicted of having concealed, received, or relieved any felon, or having aided or assisted any felon, knowing that the person had committed a...[ read more ]
Mississippi Executor’s Deed
Often when probating an estate, the disposition of the decedent's property to a third party, non-heir will be necessary. The executor may accomplish such a sale through the execution of an executor's deed. An executor's deed is a deed used by an executor to convey or transfer property out of the estate of a person who died with a will....[ read more ]
Probating a Testate Estate in Mississippi
When a person dies with a will, that person has died "testate" which means that a "probate estate" must be opened in the Chancery Court. In Mississippi, chancery courts have jurisdiction over estate matters. The probate attorney will initiate the probate process by filing a "Petition to Open Estate". If the court finds the Petition meets all requirements imposed by...[ read more ]
Subpoena
A subpoena is a writ issued by the court in which a civil action has been filed. Subpoenas are issued by the Circuit Clerk and served on a person or entity. There are generally two types of Subpoenas: the Subpoena Ad Testificandum, which seeks testimony from the person or entity, or the Subpoena Duces Tecum which seeks documents from the person...[ read more ]
