Category Archives: Crime

Pleading the 5th in Divorce

05/06/2014 BowTieLawyer 1 Comment

“I plead the 5th!”

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. –5th Amendment to the U.S. Constitution

In divorce cases pleading the 5th is not often invoked. The reason is divorce cases are civil matters, by their nature. Not civil in the sense that everyone is always nice, but civil as opposed to criminal.

When Can you Plead the 5th in a Divorce Matter?

When answering the question would involve you admitting to a crime. Interestingly, adultery, or habitual fornication rather, is a crime in Mississippi. It is rarely prosecuted, but is a crime nonetheless. Due to this you may invoke the 5th. However, you have not outsmarted the system. Pleading the 5th in a civil matter creates a presumption that you did what was asked. Or, at least the Chancellor can use it against you.

So, how does this play out? (envision a Courtroom)

Attorney: Mr. Smith, it’s true isn’t is that you have committed adultery during your marriage to Mrs. Smith?

Mr. Smith: I plead the 5th.

Attorney: Let the record reflect that Mr. Smith has invoked his 5th amendment right against self-incrimination as it relates to a question about adultery and the Court may make an adverse inference against Mr. Smith for doing so.

Judge: Duly noted.

Why do it then? The witness does not have to disclose the dirty details, name names, places, locations, or positions.

Pleading the 5th may not stop you from getting a divorce, but it may prevent bringing other persons down with you.

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State. Follow the blog:#BowTieLawyer

Crime, divorce, General Legal

When a Whisper is Not a Whisper; The Lost Art of Whispering

03/06/2014 BowTieLawyer Leave a comment

At the movies, the library and the classroom you get in trouble for talking. Whispering is requisite.

In Court, whispering, too, is a critical skill. On numerous occasions I have heard many a too loud whisper.

Yesterday I blogged about getting caught taking a bow tie selfie and learning of me getting busted via a too loud whisper.

On another occasion I was taking a deposition and the issue of whether my client had a gun in her car was brought up. She denied having a gun. The soon-to-be ex “whispered” to his attorney that he knew where it was in her car because he put it there!

Learn the ART of Whispering.

Matthew Thompson is a Child Custody Attorney in Mississippi and Whispers quietly.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Crime, Marriage

And another…Sentenced to 8 Years, Married Co-Defendant and are Soon-to-be-parents!

02/18/2014 BowTieLawyer 1 Comment

Earlier today I blogged on a Judge sentencing a convict to 50+ years for murder, performing the wedding ceremony and baking the wedding cake. Now Mississippi is trying to top that.

A Lee County Court sentenced a man to 10 years, with 8 to serve and restitution to be paid for crimes that he plead guilty to. Additional sentencing for other criminal charges were suspended due to the above sentence. Shortly after sentencing, the same Judge married the man and his girlfriend. His girlfriend was 8 1/2 months pregnant at the time and just so happened to be a co-defendant in the additional charges (house burglary). Now wife has pleaded not guilty to the burglary charges and is out on bond, awaiting her day in Court.

The Judge commented that he normally does not do this, but “I’m doing this because she’s pregnant.” You can click the link for the dmNEWS video of the ceremony!

There is no indication that the Judge baked a cake, nor that any refreshments were served. The parties intend to have a reception in 8 years.

Matthew Thompson is a Mississippi based Divorce Lawyer and cautions you that a wedding immediately after your spouse is sentenced does not bode well for a romantic love story.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Child Support, Crime, divorce, General Legal, Opinion

How to be a TERRIBLE Person. (11 specific ways you can be mean & hateful.)

12/23/2013 BowTieLawyer 5 Comments

In my profession I get to see a lot of what not to do almost, every day; from videos, texts, and emails to actions and sometimes inaction.

So, I have compiled a list of what terrible people do. If you want to be terrible do these things, in no particular order.

Curse and scream at your spouse, as loud as you can, as often as you can.
Curse and scream at your children.
Make false abuse claims.
Lie about the false abuse claims even when it’s clear they are false.
Bad-mouth your child’s other parent to the child. (Hey, it’s the truth, right!)
Interfere with their time with the child. Just do it. Sure it hurts your child too, that’s what makes it even more terrible.
Abuse your spouse or child. (Any form – all are terrible, some more-so than others.)
Refuse to support your family.
File suit when your ex paid 5 days late, even though they told you. It’s the principal, right?
Threaten to make public private images. (and mean it when you say it, at least in the moment.)
Refuse Christmas visitation. Just because.

There you have it, 11 mean, hate-filled things that you can do to be terrible.

“Oh, and if you don’t want to be terrible don’t do these things.” – Matthew Thompson

Matthew Thompson is a Family Law Attorney in Mississippi and tries not to do terrible things or give terrible advice.

Follow the blog: BowTieLawyer . You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Crime, divorce, General Legal, Marriage, Modifications, Opinion

You Are Your Own Worst Enemy!

12/18/2013 BowTieLawyer Leave a comment

In Court there are a lot of forces against you. Your spouse or ex-spouse, their attorney, sometimes the Judge, at least seemingly, the GAL, the Court appointed expert all are not looking out for your best interests. But, who is your own worst enemy? Your lawyer? NO!

It’s YOU!

More often than not, when there is a disaster it is due to your own making or at least you are a major contributor. Not following the advice of your lawyer is one of the main factors in you making your case worse. Doing what you want or feel like is another. Deliberately defying a Court Order is never smart either.

So, how do you avoid disaster. Listen. Heed the advice given. Do NOT do things contrary to that advice. If in doubt don’t act, but ask. That alone is worth the price of this blog.

“If in doubt ASK, don’t ACT!” – Matthew Thompson

Matthew Thompson is a Family Law Attorney and gives lots of advice on a daily basis.

Follow the blog: BowTieLawyer Visit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Crime, divorce, General Legal, Opinion

Predicting the Future: I see divorce proceedings against this person “?”

11/21/2013 BowTieLawyer Leave a comment

Drumroll…

In what can be the only story to top anything that Charlie Sheen or Alec Baldwin do is the Mayor of Toronto, Rob Ford’s hi-jinks.

As most of you now know, Rob Ford is the embattled Mayor of Toronto who has admitted to smoking crack, while being the Mayor of Toronto. He has publicly proclaimed a “zero tolerance” drug policy, however he has dismissed his own conduct with a very plausible explanation. He was so drunk he did not realize he was smoking crack, nor really remember it. Just as astounding has been his candor and refusal NOT to comment publicly (meaning he talks too much). I assume his attorney is cringing every time he knows that Rob Ford is awake! He has had some extremely colorful quotes – one of which is not fit to reprint, but upon accusations of sexually harassing a female co-worker, Ford denied as much and stated that he had “…more than enough to eat at home.” Wow!

Matthew Thompson is Divorce & Family Law Attorney in Mississippi and has no desire to be Mayor of Anything.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Crime, divorce, Marriage, Opinion

The Adultery Train- All Aboard!

10/23/2013 BowTieLawyer 4 Comments

An affair plays a significant role in a large number of divorces. It is a train wreck to a relationship.

big_bad_locomotive_by_beezqp-d4mfi8t-1024x727 — Beezqp- “Big Bad Locomotive”

A sure-fire way to wreak havoc in a marriage is to have an affair. Mississippi law defines an affair or adultery as sexual intercourse, with a person of the opposite sex, not your spouse. However, due to the secretive nature of affairs you do not have to have an admission of guilt or pictures, though it helps. The ground can be proven through circumstantial evidence.

Upon a satisfactory showing of 1) inclination or infatuation, which can consist of cards, notes, emails, love letters, texts and phone records showing many calls; and 2) opportunity, which is the spouse and that other person alone together, be it in a car, house, motel, hotel, park or back alley, a Court can find that fault grounds exist. Due to this, even the whole “it’s only an emotional affair” and the “we didn’t have sex” may not be enough to stop the Adultery train from running over you.

So, why do people have affairs? They can be exciting, fun and pleasurable, at least for a little while. What leads to this? Sometimes the person is unhappy, dissatisfied, over-stressed, unloved, under-appreciated, or at least believe that they are.

The problem is the affair does not fix the problem. It only serves to make things worse. Because along with an affair comes new baggage. Guilt, secrecy, and the emotions of a third person are now commingled in your personal life. An affair not only hurts your spouse, but also you, your children and the other party. It has emotional consequences, financial consequences, custody consequences and legal consequences.

An affair is a Train wreck in the making.

Matthew Thompson is a semi-part-time Family Law Professor at MC Law and a Divorce Attorney encouraging you to avoid train wrecks!

Child Custody, Crime, divorce, General Legal, Opinion

Beer Muscles- When exercising is not OK.

10/18/2013 BowTieLawyer Leave a comment

Habitual Drunkenness is not only a fault ground for divorce, but also leads to a wide variety of family law troubles.

Alcohol (aka:booze, beer, hooch, liquor, wine, drink, the bottle) is an easy vice to turn to, especially when dealing with the emotion and anxiety of family issues. However, it seldom salves and often makes things worse. Habitual drunkenness, that is consistent alcohol use and abuse to the extent that it cause the breakdown of the marriage, is grounds for divorce. Additionally, alcohol abuse can and will be used against you in a custody determination. I am not saying that you have to be a tee-total-er, but abuse of alcohol leads to poor judgement, decreased inhibitions and legal trouble.

Alcohol contributes to domestic violence incidents, accidents, and of course DUI. The risks always outweigh the rewards.

So do you have an alcohol problem? Well, there are a few ways to tell. Have you asked yourself if you have an alcohol problem? If so, you might. Can you go without drinking? If you suspect you have an alcohol problem seek help now. It will help your family later.

Matthew Thompson is a Family Law Adj. Professor at MC Law and a Child Custody/Divorce Attorney. Drink Responsibly! (if you do).

Follow the blog: BowTieLawyer Visit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms