There’s an old joke…”You have the Right to remain silent, but do you have the Ability?”
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While my primary practice area is Family Law, there is some spillover into other areas. Through the years, I have learned there are just some things you do not say to law enforcement.
5. I did it!
4. I only had a couple.
3. Trying to meet your quota?
2. Oink, oink.
1. I called you because he stole my marijuana pipe.
Matthew Thompson is a Family Law attorney in Mississippi and advises you to be respectful of law enforcement a nd not say these things.
Mississippi law defines an affair as uncondoned sexual intercourse with a person of the opposite sex, not your spouse.
This definition is evolving, however. With recent changes in the law regarding who can get married the requirement that it be a person of the opposite sex is no longer a valid limitation. Additionally, it must be uncondoned which means without either permission before or forgiveness after.
Because affairs are so secretive in nature the Court can use circumstantial proof to find you guilty of Adultery. Upon a showing of inclination and opportunity the Court can conclude you cheated even over your absolute denial and total absence of DNA evidence! Frankly, DNA evidence and divorce Courts have not caught up with CSI, yet.
Inclination (or infatuation) is the many, many number of calls, texts, emails and love letters, communicating all hours of the night and day. The contact between the spouse and the paramour.
Opportunity is just them being alone together long enough to… This could be the house, car, park, hotel, motel or back alley.
Does other stuff count, as opposed to just sexual intercourse? It could. It also stands to reason that the Court could infer that if you are doing other stuff it includes intercourse.
Matthew Thompson is a Mississippi Divorce Attorney and reminds you to not have an affair.
Follow the blog: BowTieLawyerVisit 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
Mississippi House Bill 786 is poised to become law any second. This is commonly referred to as the “Mississippi Church Protection Act.”
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It basically extends Castle Law Doctrine immunities to you while at church, if you otherwise meet the requirements. Prerequisites include that your Church is such per state law, that your Church establish a security program, that members of said security program otherwise meet the licensure requirements of 45-9-101 and said members take an instructional course. Finally, the members must be in the act of “resisting any unlawful attempt to kill a member(s) or attendee(s) of such church or place of worship, or to commit any felony upon any such member or attendee in the church or place of worship or in the immediate premises thereof.”
This Bill is being noted for what else it claims to do. Buried on page 18 of 30 in the bill is a one sentence addendum to the current concealed carry statute, 45-9-101 et al.
“(24) No license shall be required under this section for a loaded or unloaded pistol or revolver carried upon the person in a sheath, belt holster or shoulder holster or carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case.”
I’ve seen stories, blogs and FaceBook posts touting this as a seismic shift in Mississippi Gun law. However, readers of this blog will know that this has been the law since at least July 2013. At this time, the definition of Concealed for purposes of the law came into being.
“97-37-1. (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed * * * on or about one’s person, any pistol, revolver… must have a concealed carry license.”
“(4) For the purposes of this section, “concealed” means hiddenor obscured from common observation and shall not include…a loaded or unloaded pistol carried upon the person in a sheath, belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case for carrying the weapon that is wholly or partially visible.”
Are you safer in church? Well, that depends on who you go to Church with. Is there any other meaningful change in the law? No, just further clarifying what the law is and making the criminal code and concealed carry laws consistent.
From swinging key parties to recreational substance abuse, the surprises just keep coming. I am constantly surprised at what “normal” people are doing, even your neighbors.
One way to judge your actions is to ask yourself “Do I pass the SleepOver Challenge?” This simple test is whether you would allow your child to go to a sleepover at the neighbor’s house if they were doing what you were doing.
If you answer “yes,” then a Judge would likely be okay with your conduct (assuming you are in the bounds of societal norms). If your answer is “no,” then it’s time to re-examine what you are doing.
And, if you are engaging in some really bizarre behind closed doors conduct, just disregard this, keep it to yourself and don’t invite anyone for a sleepover.
Matthew Thompson is a Child Custody Attorney practicing Family Law in Mississippi.
“Do you swear or affirm the testimony you are about to give is the truth, the whole truth and nothing but the truth?”
All testimony is under oath. Judges apply the smell test to determine your truthfulness. Testimony that doesn’t make sense fails this test.
A man, after having been caught with his girlfriend, denied they were intimate because he could not…perform. There was testimony that he had issues in that department. However, he was also on medication for his ailments. He continued his medication even months after separating from his wife. He did NOT have a good explanation for that.
Judge knew he was NOT telling the whole truth. You can lose your credibility on something seemingly trivial. Judges listen intently and judge you. That is their job. If you lie about little things or are “cute” with your answers then they may assume you’ll lie about big things.
Matthew Thompson is a Divorce Lawyer in Mississippi and recommends you tell the truth and nothing but the truth…but only answer what is asked.
“Can I change the locks?”is in the top 5 of divorce questions.
Yes. You can change the locks if it’s your house. If you are purchasing the home, or leasing or renting the abode, apartment, condo or camping trailer you can change the locks. But, there’s more…
What if he changes the locks on me? You can let yourself in if it’s your house. If you are purchasing the home, or leasing or renting the abode, apartment, condo or camping trailer you can let yourself in.
What does ‘let yourself in‘ mean? Exactly as it sounds. If you have a copy of the deed or lease agreement a locksmith will let you in, for a fee, or you can break the window and let yourself in.
You cannot break into your own house.* (*Unless there is a Court Order awarding one party exclusive use, or if it is NOT your house.)
So, I can change the locks, but it may not keep him out? Correct.
How do I keep him out? Get a Court Order.
Matthew Thompson is a divorce attorney in Mississippi and knows a great locksmith.
When to call the Police regarding a Family Law matter has been blogged here, When to Call the Police! This post is When NOT to call the police and is just as important as the former. So, when do you NOT call the police?
When he Just Won’t do What you Want.He does not have to do what you want. He has to do what he is Ordered to do. Just because he won’t do as you ask, if he is complying with an Order, does not mean you should call the police. If he is not breaching the peace the police are not going to do anything.
When There is no Court Order in Place and the Kids are Otherwise Safe.Just because they are not with you does not mean the other parent will be arrested. When there is no Court Order in place each of you have equal rights to the children.
When she Leaves Them With her Family and NOT you. This is not a crime, if no Order is in place, it’s not even contempt. Again, if the kids are safe…
When you are the Instigator to a Fight. You will get arrested. You calling the police does not lessen the chances of this. The police’s job is to figure out what happened.
When There is NOT a Legitimate Reason to Call 911.Crying wolf does NOT help your case. You will likely be exposed for doing so and it will backfire. Don’t do it. Also, when you cry wolf and allege abuse that did not happen it makes it more difficult for the next person who really did suffer abuse. If it’s not an Emergency don’t call.
He’s 15 Minutes Late for the Pick-up or Drop-off. It’s not kidnapping if he’s stuck in traffic. The police are not going to do anything. You probably shouldn’t even call your attorney. Just wait 15 more minutes or call him.
Matthew Thompson is a family law attorney in Mississippi and if you find yourself in an Emergency call 911, and if you find yourself not getting what you want call your attorney or your mamma.
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