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 ]
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 ]
