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 ]
Accord and Satisfaction between Landlord and Tenants
In many landlord-tenant disputes, the issue of accord and satisfaction may be raised by the tenant as a way of being relieved of the terms of the lease. This is particularly true when the tenant has either fallen behind with the lease payments or is in some way dissatisfied with the premises. When trying to get out of the lease...[ read more ]
Defamation and Social Media
The increased use of social media has raised many issues with regards to defamatory statements. There are two main types of defamation: libel, which is written defamation, and slander, which is verbal defamation. When a potentially defamatory statement is made online or through social media -- such as via Facebook or Linkedin -- that involves the written (or "posted") word,...[ read more ]
Many Mississippi Car Accidents Caused by Traditional Driving Distractions
Although the dangers posed by distracted driving has attracted an enormous amount of attention from driving safety experts, lawmakers and the media, the vast majority of this focus has been limited to cell phone used by motorists. While there can be no dispute that talking or texting on a cell phone constitutes a dangerous driving practice, the issue of distracted...[ read more ]
Mississippi Motorcycle Helmet Law: Do Mandatory Helmet Laws Really Make a Difference
Mississippi has a universal motorcycle helmet law that requires all operators and passengers of motorcycles and scooters to wear a helmet approved by the American Association of Motor Vehicle Administrators. Despite a plethora of studies indicating the benefits of wearing a helmet to prevent traumatic brain injuries, facial injuries and fatalities, many riders still object to universal helmet laws. In...[ read more ]
Mississippi Divorce: Should I Move Out of the Family Home
When a marriage deteriorates to the point that spouses are contemplating a divorce, the prospect of walking on eggshells while living under the same roof can be extremely unappealing. Although moving out of the family home is advisable in certain situations, this step can have adverse consequences that flow from such a decision, so you should seek legal advice before...[ read more ]
What Should I Do If I Am Stopped by the Police While Drinking and Driving?
An exciting evening at a sports event or with friends at a party can turn stressful when you realize that you are being followed by a patrol car that is ready to pull you over. While this is undoubtedly an angst inducing situation, you can increase the likelihood of a positive outcome if you handle the stop appropriately. Mississippi DUI...[ read more ]
