Possession of a Stolen Firearm
§ 97-37-35. Stolen firearms; possession, receipt, acquisition or disposal; offense; punishment. (1) It is unlawful for any person knowingly or intentionally to possess, receive, retain, acquire or obtain possession or dispose of a stolen firearm or attempt to possess, receive, retain, acquire or obtain possession or dispose of a stolen firearm. (2) It is unlawful for any person knowingly or...[ read more ]
Forfeiture of Property After Drug Arrest
Under Mississippi's Uniform Controlled Substances Law, all aircraft, vehicles and vessels that are used, or intended to be used, to transport illegally possessed or illegally manufactured controlled substances that are in violation of Article 5 of Chapter 29 (drugs and controlled substances). Miss. Code Ann. §§ 41-29-153, 41-29-176 thru 179. Prior to seizure, the owner is entitled to notice that...[ read more ]
Possession of Actual Methamphetamine With Intent to Distribute
A possession charge can be based on actual or "constructive" possession of a controlled substance. A defendant may be in "constructive possession" even if the defendant doesn't possess the drugs on their person. If the defendant had access and control over the place where the substance was found then the defendant may be arrested for possession. The government does not...[ read more ]
Criminal Conspiracy
Conspiracy is generally described as a criminal partnership wherein two or more persons agree to commit one or more crimes. While conspiracy is a crime to do something unlawful; the crime agreed upon does not have to be committed. A formal agreement among the conspirators is not necessary to prove that a conspiracy took place. Nor must the conspirators have...[ read more ]
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 ]
