Category Archives: Crime

Domestic Relations vs. Domestic Incarcerations; Jail for bad behavior.

In Family Law, dealing with divorce and child custody issues are enough to keep any attorney busy.  With ever-changing emotions, gray areas of the law relating to dividing assets and assessing how a particular judge may determine the best interests of a child, attorneys and clients don’t need more on their plate to deal with.  But, there is more…Jail!

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I have previously blogged on going to Jail for having sex and not paying child support, but there is another reason folks go to jail in their family law case, letting their emotions get the best of them.

It is quite common for Family law matters to “spill over” into Justice Court or Municipal Courts.  Most commonly are assault, trespass and domestic violence violations.  I have included portions of the statute for you to review, below and italicized common issues.

The severity of these charges depends in large part on the severity of the circumstances, the severity of injuries, if any, and whether there is a history of violations or abuse.  Unfortunately, it is not uncommon for one spouse to attempt to use these criminal allegations to “one-up” the other and attempt to use the criminal charges as leverage in divorce negotiations.

Lawyers would be wise to warn their clients about the possibility of a client losing their cool, even once, leading to criminal charges and that, perhaps, their former significant other may “create” circumstances in the hopes of using those against them in a later or pending divorce action.

§ 97-3-7. Simple assault

(1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely…causes bodily injury to another; (ii) negligently causes bodily injury with a deadly weapon… or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment for not more than six (6) months, or both.

§ 97-17-85. Trespass; going upon inclosed land of another 

If any person shall go upon the enclosed land of another without his consent, after having been notified by such person …not to do so …or shall remain on such land after a request by such person; shall, upon conviction, be fined not more than Fifty Dollars ($ 50.00).

§ 97-3-7. Simple domestic violence; Aggravated domestic violence 

(3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section (see simple assault)  against a current or former spouse … upon conviction, the defendant shall be punished as provided under subsection (1) …a third conviction of simple domestic violence…within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years.

§ 97-3-7.  Aggravated domestic violence 
(4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, a current or former spouse … Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years… a third conviction of aggravated domestic violence…within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years.

(2) (a) A person is guilty of aggravated assault if he (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years.

Matthew Thompson is a family law attorney that has only been to jail to help his clients get out.  He intends to keep it that way and hopes (advises) that you do too!

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@wmtlawfirm.com.

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BowTieLawyer’s Top Rated Posts of 2012 (and a few of my favorites)

Below are the Top Rated posts for BowTieLawyer for 2012 and a few of my favorites.  Thank you for viewing this blog, posting comments and sharing.  I think this is a worthwhile blog and I enjoy doing it.

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I began on August 14, 2012, blogging about Family Law issues and whatever else I felt like.

TOP 5 POSTS FOR 2012

And a few of my Favorites;

Thompson Law Firm, pllc        (601) 850-8000

Know Your Rights! Get a diagnosis.

This blog is inspired by the many, many folks I encounter on a weekly basis who have “no clue” what their rights are.

  • If you’re ill, you go to the doctor to get a check-up.

  • If your car is squeaking, you go to the mechanic.

  • If your roof is leaking, you call the repair man.

But if you think you are in a legal situation, what do you do?  YOU IGNORE IT!

Do NOT ignore it.  Go see an attorney.  They don’t bite.  We’ve already discussed how to determine if you need one (here) and how to find one (here).  This is just aimed at the folks on the fence and those choosing to be blissfully ignorant.  Not knowing your rights, not knowing the law, and not knowing your options is a bad thing.

There are deadlines, timelines, and statutes of limitation.  Memories fail, people forget or misremember, documents get lost, people get lost, and “witnesses” die.  Records get erased, deleted and shredded.  Bruises and wounds heal, scars fade, and most persons recall times past more fondly (or at least not as bad) than they were.

Get off the fence.  Get informed and know your rights.

Thompson Law Firm, pllc    Matthew@BowTieLawyer.ms    (601) 850-8000

Don’t Curse in Public! (Public Service Announcement)

In my profession as a “wicked” divorce attorney I hear lots of cursing and sordid tales. I see pictures, movies, texts, emails, and love letters that would make you blush. Plus I get paid to review this “evidence.” (All fodder for future blogs!). I am saying this just so you know I am not a “prude.” However, I have recently visited the most magical place on Earth and was astounded with what I heard. (**I do not attribute the amount of the cursing to the magical location. I think I was more acutely aware of the cursing due to the circumstances. Don’t sue me, Mickey!**)

stockimage/ freedigitalphotos.net

With that disclaimer, the following is a snippet of what I personally heard/observed;

  • “He’s an a**h****! See his badge. All the guys with badges are a**h***s.” (Said by a an early fifties male guest to his early fifties wife, about a park employee bus driver, as the wife nodded in agreement).
  • “More like Barbie B*tch.” (One mom said to another mom when the child was describing Tinkerbell Barbie to another child).
  • “That’s some bu**$***.” (Not sure of the context, but overheard a forty-something male saying to his friend).
  • Various “F-bombs.” (Mainly regarding waiting in lines; lines for the bus, for the rides, for the restaurants…there are a lot of lines).
  • AND overheard kids saying;
  • “$h**, mom! We missed Tinkerbell!” (I really heard a 12-year-old say this to his mother, mom responded that Tinkerbell will probably be back soon).
  • “Don’t be a ‘Whiny B#tt'” (Said by a 5-year-old to her 4-year-old sister).
Theatrical release poster/wikipedia

Okay, so you heard someone cussin’. What’s the big deal?

The big deal is that there were numerous children all within earshot of every instance, from babies to teenagers. I don’t use curse words, except professionally. I would especially prefer you to not curse around children. Also, it could get you cited for obscenity or disturbing the peace.

And kids cursing? Come on. Back in the day; b#tt, d@mn, cr@p and s#cks were bad words. Not to mention the unmentionables (four-letter words). Let’s keep those words taboo.

Want to cuss at your house? Have at it. Go to a public location attended by 1,000s of kids, try not to be the cast from The Usual Suspects. Want your child to gain friends and win influence? Teach them how to speak by setting the right example.

Don’t like my opinion? Cuss me out, but do it via email at Matthew@wmtlawfirm.com or the next time we are having a private conversation.

Thompson Law Firm, pllc Matthew@wmtlawfirm.com (601) 850-8000

What to do when your Thanksgiving Black Friday is Stolen; Identity Theft

With Thanksgiving and Christmas quickly approaching, it is always a good idea to be vigilant in protecting your identity.  Along with serious shopping comes a serious chance of having your identity stolen.

stockimages /freedigitalphotos.net

Clients frequently inquire about what can be done about stolen identity and fraudulent charges. The following are steps you should take immediately.

(1)      Contact the local police department and file a report of the theft.  Be sure to take as much documentation of the ID theft as you can.  *(Not all police stations will want to take the report, but the Federal Trade Commission has a Staff Memorandum to Police on the Importance of Taking Identity Theft Police Reports  which may be helpful in having the report filed.)

(2)      Contact any creditors for the accounts that you believe have been corrupted or fraudulently opened.

a.           Ask to speak with the Fraud or Security Department and inform them of the theft.  Some companies accept an Identity Theft Affidavit, but some require particular documentation to be provided.  Be sure to obtain the specific address to which a dispute letter or ID Theft Affidavit should be mailed.  Follow up the conversation with a letter.

b.          Request that the company provide all documents underlying the fraudulent activity.  By law the Fair Credit Reporting Act section 609(e), provides that creditors must give you a copy of the application or other business transaction records relating to your identity theft free of charge. Creditors must provide these records within thirty (30) days of receipt of your request. In order to obtain these records, you must mail your request to the address chosen by the creditor. Contact the creditor’s fraud department by telephone to find out if the creditor has chosen a specific address.

c.            If someone is misusing your existing checking account, accounts, or electronic funds transfers, such as your debit card, you should dispute in writing any charges run up by the identity thief on those accounts. Insist on having debits reinstated. Ask the representative to send you the company’s fraud dispute forms.  Dispute any bad checks passed in your name with merchants so they do not start collections actions against you.

 (3)      Contact the Fraud Department the credit reporting agencies (CRAs).  Inform them that you are an identity theft victim and that you wish to place a fraud alert on you file, as well as a victim’s statement requesting a call to you by the credit bureaus before opening or changing credit accounts.  An initial 90-day fraud alert will be placed, and this can be extended to 7-years, or a credit freeze can be placed.  (As soon as the credit bureau confirms your fraud alert, the other two credit bureaus will be automatically notified to place fraud alerts, and all three credit reports will be sent to you free of charge.  The victim should receive confirmation letters from all three CRAs confirming the 90-day fraud alert.  If no letter is received, the individual CRA should be contacted, and the victim may be asked to provide additional proof of the identity theft.)

 The three major credit agencies and their contact information are:

1.  Equifax
For Fraud Alerts, call: 800‑525‑6285 and write:
P.O. Box 740241, Atlanta, GA 30374‑0241
2.  Experian
For Fraud Alerts, call: 888‑EXPERIAN (397‑3742) and write:
P.O. Box 9530, Allen TX 75013
3.  TransUnion
For Fraud Alerts, call: 800‑680‑7289 and write:
Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92634

(4)      Each CRA will provide a free credit report.  The victim should review the report.  The victim should review the reports for errors.  If there are errors the victim will need to contact the CRAs in order to correct the credit reports.  The CRAs are required to block fraudulent items that the consumer did not open or that the consumer did not make.  Attempting to have the report corrected can be initiated by the victim sending an Identity Theft Report (police report), letter explaining what is fraudulent (highlight areas on the report), and proof of identity.

(5)      File a report with the Federal Trade Commission (FTC) on their Identity Theft Hotline at 1‑877‑IDTHEFT (1‑877‑438‑4338) or their website at  www.consumer.gov/idtheft.

(6)      Contact the Consumer Protection Division of the Mississippi Attorney General’s Office and request an ID Theft Packet at 1‑800‑281‑4418.  Complete the ID Theft Affidavit in the packet and return it to this address:

Mississippi Attorney General’s Office
Consumer Protection Division
Post Office Box 22947
Jackson, MS   39225‑2947

(7)  Once the identity theft dispute has been resolved with the creditor, ask for a letter from the creditor stating that they have closed the disputed accounts and have discharged you of the fraudulent debts. This letter is the best proof if errors relating to this account reappear on your credit report or the victim is mistakenly contacted again about the fraudulent debt.  Keep old files. Although most cases once resolved, stay resolved, in some cases, problems can crop up again.

*Meridian attorney Amanda Evans provided this insightful primer on what to do.
EVANS LAW FIRM, PLLC
2324 Front Street
Meridian, MS 39301
(601) 575-0096
www.msattorneyatlaw.com

Matthew Thompson is Domestic Relations Lawyer in Mississippi and reminds you to be smart when you shop in stores and online.  

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

It’s “ok” to LIE to your Children.

It never fails.  One of the aggrieved parties to a divorce tells the dirty details to the child regarding the other parent.  This is never appropriate or “ok.”  Never. Never to a young child. What about when….? No. Never.

But that parent, with their righteous indignation tells me, or testifies, “I do NOT lie to my child?”  My response?  “Well, what about the Tooth Fairy?

digitalart/ freedigitalphotos.net

We lie to our children a lot.  A LiveScience.com article stated it better, “Parents Lie to Children Surprisingly Often.”  This article concluded that parent’s lie to protect their child and lie to preserve some semblance of innocence and childhood for their children.  These are all good things.

The Tooth Fairy question gets that indignant parent every time.  There is no good reason to spill the beans about the other parent’s misdeeds to the child.  You should be telling them that “mommy” loves them very much.  Not that she cares more about dancing on a pole with bikers than being a decent mom, even if it’s true.  When the kids are older they will realize the truth and appreciate you all the more for allowing them to have a childhood and to love their other parent, even if the other parent did not deserve it.

It’s okay to lie to your children.  Who says so? Me, a divorce attorney.

Disagree? Tell me why in comments or via email.

 

Matthew Thompson is a Child Custody Attorney in Mississippi and believes sometimes lying to your children is in their best interests.

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

 

Arrested & Divorced; Just Say No!

Everyone knows that Adultery is a fault ground for divorce in Mississippi. Adultery is defined as sexual intercourse with a  person of the opposite sex, not your spouse. It also must be uncondoned, which means legally forgiven by the other spouse, and it cannot have been committed in collusion with the other spouse just to gain a divorce. MCA § 93-5-1.

However, Adultery may also be considered crime!

§ 97-29-1. Adultery and fornication; unlawful cohabitation 

If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall be fined in any sum not more than five hundred dollars each, and imprisoned in the county jail not more than six months; and it shall not be necessary, to constitute the offense, that the parties shall dwell together publicly as husband and wife, but it may be proved by circumstances which show habitual sexual intercourse.

So in addition to having a divorce granted against the offending party they could also be arrested and prosecuted and face a $500.00 fine and/or up to 6 months in the county jail. And that may not even be the worst of it with the potential for an Alienation of Affection lawsuit out there. (It’s  actionable to sue someone for the breakdown of your marriage, a blog for another day).

In the words of Nancy Reagan, “Just Say No!”

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