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Miss. Code Ann. § 97-3-79., defines armed robbery as “feloniously [taking] the personal property of another, “by the exhibition of a deadly weapon” in his presence or from his person and against his will, by violence to his person or by putting such person in fear of some immediate injury to his person . . . .” .

To obtain a conviction for the charge of robbery, the prosecution must show that, 1) That you had a “felonious intent;”; 2) that you used force or putting in fear as a means of effectuating a theft; 3) that a deadly weapon was used and: 4) that you took and carried away someone else’s property from the victim’s person or in the victim’s presence.

  The punishment for armed robbery may include a life sentence.

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Under Mississippi Code Ann §41-31-1 et seq, individuals suffering for drug and alcohol abuse may be involuntarily committed to a private facility.  The law requires that the person asking the court to do so be either a spouse, parent, next of kin, friend or relative.  The Petition for Involuntary Commitment must be filed in the county of the patient’s residence or county in which he or she is found.

The Petition must allege that the patient is an alcoholic or drug addict, a Mississippi resident who is unfit to manage their affairs, OR a danger to themselves or others, OR lost the power of self-control, AND who is in need of care and treatment, AND that treatment will improve the health of the patient.

Upon filing the Petition, a hearing will be set, summons issued and hearing held five to twenty days after filing.  The Defendant must served not less than three days before the hearing.

At the commitment hearing, the Chancellor will hear evidence presented by the Petitioner.  Such evidence may consist of the testimony of witnesses.  The Chancellor may also order an examination of the Defendant.

The Court will consider all of the above factors to determine whether involuntary commitment is appropriate.  If Petition is granted, the judge will enter an order for 30-90 days of treatment

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Making false statements to obtain a credit card is prohibited by law in Mississippi.  Mississippi Code Section 97-19-11 makes it illegal to “directly or indirectly” provide a “false statement in writing with intent that it be relied upon with respect to his identity or that of any other person, firm or corporation.”

In Mississippi, providing false information to obtain a credit card is a misdemeanor.  If convicted, a person is faces a sentence of six (6) months in jail and a fine of $1,000.00.

Mississippi Code Section 97-19-11 limits false statements to those regarding identity.   Other false statements such as those involving income, do not fall under this statute.  However, lying about such other matters to obtain a credit card may be illegal under other state and federal criminal statutes.  There are defenses to the charge of making false statements to obtain credit cards in Mississippi.

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Title 97 – CRIMES
Chapter 9 – OFFENSES AFFECTING ADMINISTRATION OF JUSTICE
Article 1 – IN GENERAL
§ 97-9-59 – Perjury; definition

Universal Citation: MS Code § 97-9-59 (2013)

Every person who shall wilfully and corruptly swear, testify, or affirm falsely to any material matter under any oath, affirmation, or declaration legally administered in any matter, cause, or proceeding pending in any court of law or equity, or before any officer thereof, or in any case where an oath or affirmation is required by law or is necessary for the prosecution or defense of any private right or for the ends of public justice, or in any matter or proceeding before any tribunal or officer created by the Constitution or by law, or where any oath may be lawfully required by any judicial, executive, or administrative officer, shall be guilty of perjury, and shall not thereafter be received as a witness to be sworn in any matter or cause whatever, until the judgment against him be reversed.

Perjury is the deliberate misrepresentation of a  “material matter,” in a legal proceeding after having taken an oath to tell the truth.   A “material matter,” is a matter that is relevant to the case being tried.  If you are testifying about a crime, the false statement must be relevant to that crime.

Perjury may be committed in criminal cases, civil cases, or “in any case where an oath or affirmation is required by law . . . .”  This includes making a misrepresentation on an affidavit or sworn statement given to law enforcement.  In order to be convicted of perjury, two witnesses must testify to the truth of the matter about which you swore falsely, or at least one witness must testify, along with corroborating circumstances.

The penalties for perjury can be severe.  If you are convicted of perjury in a capital or felony offense, you may be imprisoned for not less than ten years.  In other cases, sentencing can include imprisonment for a term of no more than ten years.

Conviction for the “subornation” of perjury may also lead to imprisonment.  Subornation means aiding or causing another to make material misrepresentations for you in a case, matter, or proceeding.  Conviction for the subornation of perjury can include up to ten years imprisonment.

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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 his property will be seized.  The notice should specifically describe what property is to be seized.  Any property with a value less than ten thousand dollars ($10,000) requires that the seizing agency:

  1. Provide notice of the intent to forfeit the seized property. This notice must be served on the owner in accordance with the Mississippi Rules of Civil Procedure..
  2. If notice cannot be served because of refusal, failure to claim, insufficient address or for any other reason, the agency must publish the notice in a newspaper of general circulation in the county that the property was seized. Notice must last for three consecutive weeks, at least once per week.
  3. The notice must contain the following details:
    1. A description of the seized property;
    2. The approximate value of the property;
    3. The date of the seizure and the place of the seizure;
    4. The connection between the property and the violation;
    5. Instructions providing how one should file for judicial review (protesting the seizure); and,
    6. A statement that the property will be forfeited if judicial review is not timely filed.
  4. The agency conducting the seizure has thirty days from the date of seizure to commence this proceeding or the property is to be returned to the following:
    1. The owner of the property, if address is known;
    2. Any secured party with a registered lien or filed financing statement;
    3. Any bona fide lienholder or secured party;
    4. Any holder of a mortgage, deed of trust, lien or encumbrance if the property is real estate; and,
    5. Any person in possession of the seized property that is subject to the petition at the time that it was seized.

Once the court of jurisdiction (usually circuit court) has determined that the agency’s notice requirements have been complied with, a copy of the petition is to be served upon all interested parties.

If a determination is made that an individual other than the person in possession at time of seizure is the owner or holds any lien or interest, the seizing agency must identify that individual in the petition of forfeiture and serve that person in accordance with the Mississippi Rues of Civil Procedure. If the owner of the property cannot be located and served with the forfeiture petition or if no person was in possession of the forfeited property, the seizing agency must file an affidavit stating such circumstances with the court.

If any individual asserting a right or interest in the property shows that their interest is greater than or equal to the present value of the property, the court must order the property released to that party. If the interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture, the court shall forfeit the property to the seizing agency.

The owner of seized property has thirty days after service of process in which to file an answer. If the property owner fails to file an answer, the court will hear evidence that the property is subject to forfeiture and forfeit the property to the seizing agency.

If an answer is filed, a forfeiture hearing will be set within thirty (30) days of filing the answer.  The court may postpone the hearing to a date beyond the time any criminal action is pending against the property owner. The burden is on the seizing agency to prove that the property is subject to forfeiture. The standard of proof is by a preponderance of the evidence.  If the property owner does not file an answer, the petition for forfeiture will be allowed into evidence and will be prima facie evidence that the property is subject to forfeiture.

Any person or entity claiming an interest in the property may prove such right or interest to be bona fide and created without knowledge or consent that the property was to be used in a manner to cause the property to be subject to the forfeiture.  If an owner of property can prove by a preponderance of the evidence that she had no knowledge of, or did not consent to, the use of such property in a manner that made it subject to forfeiture, forfeiture will be denied.   However, Mississippi law places the burden of proof on the seizing agency to show that the owner had knowledge that the property was being used for illegal purpose.

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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 have to actually prove that someone is using a controlled substance in order to charge them with possession. The theory of constructive possession is often used when illegal drugs are discovered in a car during a traffic stop or the home of a defendant.

If the substance amount exceeds a certain amount, the defendant can face distribution, trafficking, or manufacturing charges.

To prove an intent to sell, federal prosecutors consider a variety of factors including the following:

1. The quantity of Meth found;

2. How the Meth is packaged

3. How much money is found near the Meth or in the possession of the defendant;

4. The absence of paraphernalia suggesting that the Meth was for personal use.

5. Financial records showing Meth-related transactions

To be found guilty of possession of methamphetamine with intent to distribute, the government must prove the following elements beyond a reasonable doubt:

First: That defendant possessed a mixture or substance containing a controlled substance;

Second: That the defendant possessed the controlled substance knowingly or intentionally;

Third: That defendant intended to manufacture or distribute the controlled substance; and

Fourth: That the controlled substance was methamphetamine.

6.21.841A Controlled Substances – Possession with Intent to Distribute (21 U.S.C. § 841(a) 

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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.  An executor’s deed should contain the following information:

  • Executor’s name;
  • Language that the executor is conveying the property in his capacity as executor;
  • The name of the decedent (the person who died and left the will);
  • Language that the deed is being executed pursuant to the terms of the will;
  • Language that the will has been offered for probate;
  • The legal description of the property being conveyed; and
  • The signature of the executor.

The heirs of the decedent should also execute a Quitclaim Deed deed in conjunction with the executor.  This will prevent future challenges to the conveyance by the heirs. An executor’s deed should be recorded in the real estate records of the county in which the property being conveyed is located.

Mississippi Code Ann § 91-7-187. Sale of land in preference to personalty provides that the executor must petition the court for the authority to sell decedents property holding that:

When the estate of any deceased person consists of real and personal property and it shall be necessary to sell a portion thereof, the chancery court, on petition of the executor, administrator, legatees or distributees, being satisfied that it would be to the interest of the distributees or legatees, may decree a sale of the real estate in preference to the personal estate.

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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 those taxes, a lien is placed on the property for the buyer.  A tax lien certificate is issued to the buyer as proof of his claim against the property.

If the the original owner does not redeem the property after two years, the buyer will be given a sales deed making him the record title owner.  To redeem the property, the original owner must pay the amount he owed plus any taxes since paid on the property and interest and fees.

At the end of the redemption period, the county Chancery Clerk must send notice to the original owner that the final sale of the property will take place. By statute, the sheriff is required to serve notice on the original property owner.  Notice must also be sent by registered or certified mail.  Failure to give proper notice could be grounds for invalidating the tax sale.

[1] Miss. Code Ann. § 27-43-3 (Supp. 2009).

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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 issued to the purchaser of the subject property. Under this statute, service of notice must be made by the sheriff, and notice must also be sent by registered or certified mail.” MS Code Ann 27-43-3 (Supp. 2009) requires proper notice be delivered to property owners informing them of a pending tax sale.  If that notice is returned undelivered, the Clerk is required to have notice delivered by the Sheriff.  If that notice is returned undelivered, the clerk must conduct additional search and inquiry to determine the owners address.  If additional search and inquiry does not produce an address for the owner, the clerk must make an affidavit detailing the steps taken to ascertain the owners address.  The affidavit must be made permanent part of the tax sale record.  If the clerk fails to follow these requirements, the land owner may present that evidence in his Petition to Set Aside Tax Sale. The Mississippi Court of Appeals held that ” In Mississippi, it is public policy to favor and protect landowners from [the sale of their land] for taxes.”C.F.P. Properties, Inc. v. Roleh, Inc., 56 So.3d 575 (Miss.App. 2010) citing  Lawrence v. Rankin, 870 So.2d 673, 676 (¶ 13) (Miss.Ct.App.2004). Further, section 27-43-3 ” must be given a strict construction, and its requirements fully satisfied.” Id. at (¶ 14). Failure of the chancery clerk to file the requisite affidavits renders a tax deed void. Id. In the case of Roleh the Chancery court found for the landowner that the lack of an affidavit by the court documenting attempts to provide notice was sufficient grounds to set aside the tax sale.  On appeal, the Court of Appeals affirmed the lower court’s holding and voided the final sale of the commercial property. The Court of Appeals stated that the policy in Mississippi is to favor and protect the original landowner from sale of land for failure to pay taxes.

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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.  A valid reason would be if the visiting parent was under the influence of drugs or alcohol or if the child was ill.  An invalid reason would be to withhold visitation because of failure to pay child support or bad weather.

Non-custodial parents seeking a modification in custody due to interference with visitation will have great difficulty.  The Mississippi Court of Appeals has stated that, only in ” extraordinary cases,” will ” the interference with a non-custodial parent’s visitation ris[e] to the level where it constitutes a material change in circumstances.” Ellis v. Ellis, 952 So.2d 982, 990 (Miss.Ct.App.2006) (” Ellis II ” ) (quoting Ash, 622 So.2d at 1266) (emphasis added). The parent seeking modification must show that the interference was “continued and obstinate” A.M.L. v. J.W.L., 98 So.3d 1001 (Miss. 2012);Potter v. Greene, 973 So.2d 291, 293 (Miss.Ct.App.2008).

What is considered “continued and obstinate” will depend on the evidence and the judge hearing the case.  A most likely scenario would be continued interference for months at a time.  The courts in general take a dim view of visitation interference regardless of the frequency.  A custodial parent found abusing the visitation provisions would at the very least be admonished or sanctioned by the Court.