Mississippi Tax Sale of Real Estate
Tax sales take place when there are overdue taxes on real estate. Mississippi tax sales are generally held the last Monday in August with notice by publication. At the tax sale, the the Chancery clerk utilizes an overbid system wherein taxes are auctioned by competitive bid. Successful bidders will pay the taxes due for the real estate. Upon payment of...[ read more ]
Setting Aside A Tax Sale
Tax sales are disfavored by Mississippi courts. And because the the Courts require strict adherence to Notice requirements, property owners who have lost property to tax sales have recourse to have tax sales set aside. Mississippi Code Annotated section 27-43-3 (Supp.2009) requires that "notice be given to property owners of a tax sale before a valid tax deed may be...[ read more ]
Child Visitation
Court ordered visitation is obviously an important part of any Order of Child Support, Custody and Visitation Agreement. While the custodial parent is obligated to allow visitation by the non-custodial parent, the non-custodial parent is not necessarily under an obligation to exercise visitation. The custodial parent may prevent visitation only under appropriate circumstances or for reasons detailed per court order....[ read more ]
DUI on vehicles other than automobiles
In Mississippi, the definition of "motor vehicle" under the statute for drunk driving includes but is not limited to cars, four wheelers, golf carts and even lawn mowers. Basically any vehicle which is motorized qualifies as a vehicle for DUI purposes. However, the motor vehicle must have been operated on a public highway, street, or sidewalk to be in violation...[ read more ]
Child Custody Modification and the Guardian Ad Litem
In family law practice, the non-custodial parent of a child may petition the court for a change of custody. To accomplish this, the non-custodial parent must file a Petition for Custody Modification in the court that granted the custody agreement. In Mississippi, a parent demandng a change in custody must prove that there "has been a material change in circumstances...[ read more ]
Shoplifting
I have defended clients charged with the crime of shoplifting who had no real appreciation for the seriousness of the offense. While the punishment may seem extreme to some, shoplifting laws can have long term consequences. In Mississippi the punishment for shoplifting is as follows: (a) Upon a first shoplifting conviction the defendant shall be guilty of a misdemeanor and fined...[ read more ]
Contracts Implied In Law
There are many instances in which two parties enter a verbal agreement to perform a service in exchange for compensation. When one party performs and the other refuses to pay, the absence of a written contract does not preclude a remedy. While there is no substitute for a written contract between parties, Mississippi law can provide an equitable remedy through...[ read more ]
New DUI Expungement Law
Beginning October 1, 2014, an individual who has been convicted of a first offense DUI may petition the sentencing court to have the conviction expunged. The restrictions to having the conviction expunged are as follows: 1. You cannot have held a commercial driving license or permit. 2. Five years must have passed since the conviction 3. You must have successfully...[ read more ]
Felony Expungements
There are only six felonies that are eligible for expungement in Mississippi. Five (5) years after the successful completion of all terms and conditions of the sentence for the conviction the following felonies may be expunged: 1.Bad check offense under Section 97-19-55 ; 2.Possession of a controlled substance or paraphernalia under Section 41-29-139(c) or (d); 3.False pretense under Section 97-19-39;...[ read more ]
Preliminary Hearings
When an individual is arrested for a felony or misdemeanor, he or she is entitled to what is known as a preliminary hearing. Mississippi Uniform Criminal Rules Circuit Court Practice, Rule 1.04, provides that every person arrested shall be taken before a judicial officer without unnecessary delay and that the judicial officer shall set a date for a preliminary hearing...[ read more ]
