February 20, 2017

Mississippi Code Title 99. Criminal Procedure § 99-19-71.

Expungement of conviction;  eligible offenses;  notice;  procedure;  order;  effect;  expungement of arrest record.

(1) Any person who has been convicted of a misdemeanor that is not a traffic violation, and who is a first offender, may petition the justice, county, circuit or municipal court in which the conviction was had for an order to expunge any such conviction from all public records.

(2) 

(a) Any person who has been convicted of one (1) of the following felonies may petition the court in which the conviction was had for an order to expunge one (1) conviction from all public records five (5...

February 20, 2017

In Mississippi, you'll face penalties for driving under the influence (DUI) of alcohol from the Mississippi Department of Public Safety (DPS) and the court.

A DUI is a serious offense and carries harsh penalties in Mississippi. Along with risking your life and the lives of other drivers, you may face driver's license revocations, jail time, and heavy fines.

On this page you'll find information about the definitions of a DUI in Mississippi, some of the common penalties you may face, and some of the steps you may need to take to reinstate your driver's license.

Mississippi DUI Definitions

You will likely receive a DUI in Mississippi if you are arrested for...

February 20, 2017

I'll post plenty of blogs written by me, but sometimes information is so good that there's need to reinvent the wheel.  I personally like this list of "Don't's" from a Pennsylvania attorney that is completely applicable to anyone when arrested regardless of what state you find yourself in.

http://www.themcshanefirm.com/pa-criminal-lawyer/top-10-things-not-to-do-if-you-are-arrested/

PLEASE TAKE NOTE OF THIS ADVICE. A wide variety of people are arrested everyday, and the vast majority of these individuals make the same mistakes which make their situations even worse. Many of the reactions are understandable; however, some their actions defy logic and reaso...

February 17, 2017

Instead of trying to create and explain Mississippi case law, I thought it better to just take it straight from Judge Primeaux's blog - The Better Chancery Practice Blog: https://betterchancery.com/2010/07/19/trial-by-checklist-child-custody-factors/

The factors that the court must consider in awarding child custody are set out in Albright vs. Albright, 437 So.2d 1003, 1005 (Miss. 1983). 

The factors are:

  1. Age, health and gender of the child.

  2. Parent having continuity of care prior to the separation.

  3. Parent with best parenting skills and willingness and capacity to provide primary child care.

  4. Employment of the parent and responsibili...

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