Category Archives: Crime

Crime, General Legal

Attorney-Client Privilege: Some Secrets are Made to be Broken

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Attorney–client privilege is a legal concept that protects communications between a client and attorney and prevents either from being compelled to testify to those communications in court, unless waived.

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The attorney–client privilege is one of the oldest privileges for communications. The United States Supreme Court stated that by assuring confidentiality, the privilege allows clients to make “full and frank” disclosures to attorneys, who are then better able to provide candid advice and   effective representation.

But, not everything is protected. Communications to third parties are not and neither are credible threats of serious bodily harm or death! “When a lawyer believes that it is reasonably certain that a death or substantial bodily harm will occur if the lawyer doesn’t reveal that information, then he may reveal that information.” 

A Pennsylvania lawyer recently reported his client’s admitted actions when it was disclosed that the client planned to  “take back” the home of his ex-girlfriend using an AR-15 rifle and body armor. Upon being arrested, the client, Howard Timothy Cofflin Jr., told police that he planned to kill his ex-girlfriend and anyone who tried to stop him.  He had also allegedly searched on his cell phone for “how to kill a state trooper” and “killing with an AR-15.”

Cofflin, already charged with harassment and making terroristic threats,  now he faces new charges of attempted murder, terrorism, aggravated assault and threatening to use weapons of mass destruction.  http://www.abajournal.com/

Matthew Thompson is a  Domestic Relations Attorney in Mississippi and advises clients as to what privilege means, what is protected and what rightfully is not.

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

Crime, Divorce, General Legal, Opinion

SpeakerPhone Faux Pas; Advise if it’s “OK” to Speak Freely!

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Our hands free devices, speaker phones and Bluetooth devices make connecting super convenient.  They also make it super easy to speak out of turn!

That inappropriate joke, the slew of curse words that you harangue your old college buddy with may not be appropriate over the Bluetooth speakers in the minivan.

Likewise, conversations between you and your attorney may not be appropriate to have in a public place or in front of others, even if they are not curse-filled diatribes. The fact that another person is present means the information they heard is not protected by attorney-client privilege.

Matthew Thompson is a Divorce and Family Law Attorney in Mississippi and reminds you to respect the duck and ask if it’s ok to speak freely.

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

Crime, Divorce, General Legal

Megan Copley, Esq. – Thompson Law Firm, pllc

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THOMPSON LAW FIRM, PLLC,  IS PLEASED TO  ANNOUNCE THAT MEGAN COPLEY HAS JOINED THE FIRM.

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MEGAN COPLEY received her Doctor of Jurisprudence, cum laude, from Mississippi College School of Law in 2015. She received both her Bachelors and Masters of Business Administration from Mississippi State University.  

During law school, Megan interned as Law Clerk for United States District Court Chief Judge Sharion Aycock in Aberdeen, Mississippi. She also served as Secretary of the Mississippi Association for Justice, Mississippi College School of Law Chapter.

Megan practices criminal law, divorce, child custody, child support, modification of alimony or support, and landlord tenant law.

Megan is married to Ryan Copley and they have two children, Adison Claire and Joeleigh Ryan, and they live in Pelahatchie, Mississippi.

Megan Copley is a Criminal Law and Domestic Relations Attorney in Mississippi  and can advise when, why and when NOT to invoke your 5th Amendment right!

Phone: (601) 850-8000       Blog:  bowtielawyer.ms

Fax:      (601) 499-5219    Email: TLF@BowTieLawyer.ms

alienation, Crime, Divorce

Alienation of Affection; Sued for Sex…

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Adultery may be considered a crime in Mississippi. It is defined as sexual intercourse with person of the opposite sex not your spouse.

Alienation of Affection (AOA) is a separate claim, known as a common law tort.  A tort is a civil wrong, as opposed to a criminal wrong.  AOA is rooted in case law and provides an equitable remedy and its intent is to protect marriages.

AOA allows the wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage.  There are only 6 states in the country that still recognize AOA, but Mississippi is one of them and in the 1990’s our  appellate Courts reaffirmed AOA as alive and well in the Mississippi legal system.

Alienation of Affection requires;

1) Wrongful Conduct (ie: adultery, though not required), 2) Loss of Affections, and 3) a Causal Connection be shown between the Wrongful Conduct and Loss of Affection.  All 3 must be present for a viable claim.  There is a 3 year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

*As an aside, North Carolina recognizes Alienation of Affection and a separate tort called “Criminal Conversation” which only requires proof of sex with a married person for the “significant other” to be liable for damages.  It does not require loss of affections, causal connection or even a real relationship.

So what is the take away here?  Just because you are not married does not mean you are free to have an affair.  You will  be a material witness in the divorce case, could be subject to criminal prosecution and stand a pretty good chance of getting sued.  And if you go to North Carolina, you better behave.

Matthew Thompson is a family law attorney that can handle your divorce or alienation matter and warns persons about visiting North Carolina.

Follow the blog: BowTieLawyer    

Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case at (601) 850-8000 or Matthew@bowtielawyer.ms

Crime, Divorce

Domestic Violence; The Lethality Index.

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Unfortunately Domestic Violence happens. The ones that “love” us the most hurt us the most.

Domestic Violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.  http://www.justice.gov/ovw/domestic-violence

Domestic Violence can be deadly. Below is what is commonly referred to as the “Lethality Index.“

The numbers below in parenthesis indicate the factor by which a domestic violence victim’s risk of homicide is increased relative to other domestic violence victims. For example, if the abuser has used or threatened to use weapons, the victim’s risk of domestic violence homicide is 20.2 times that of the average domestic violence victim.

The Top Five Risk Factors

The numbers in parenthesis indicate the factor by which a domestic violence victim’s risk of homicide is increased relative to other domestic violence victims.

  1. Has the abuser ever used, or threatened to use, a gun, knife, or other weapon against victim? (20.2x )

  2. Ever threatened to kill or injure victim? (14.9x) Document complete and accurate quotes of the threats

  3. Ever tried to strangle (choke) the victim? (9.9x)

  4. Is abuser violently or constantly jealous? (9.2x )

  5. Has abuser ever forced victim to have sex? (7.6x )

The US Dept. of Justice has compiled a number of studies into a “lethality assessment list” of 17 risk factors for domestic violence homicide. (The full lethality risk scale can be found at www.ncjrs.org/pdffiles1/jr000250e.pdf)

 Have an exit strategy.

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

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Crime, General Legal

CraigsList Sales the Safe Way.

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You can find some smoking deals online. Furniture, cars, and fishing supplies, among a plethora of other items are available.  But along with hot deals comes the potential for shady dealings.

However, Rankin County has a solution. The Rankin County Sheriff’s Office and multiple police departments in the area are creating “Safe Zones” for online “Craigslist” type transactions in the parking lots of at the Sheriff’s Office and police stations.

Rankin County Sheriff, Bryan Bailey, and many of the local police chiefs in Rankin County are encouraging the public to use the agencies’ parking lots and/or lobbies for their online transactions when a face to face meeting and exchange is required.

Many of these locations are under 24-hour video surveillance and have a constant flow of law enforcement personnel at all hours.

“We believe that this will prevent robberies and violent crime, and we hope this will make our citizens feel safer,” said Sheriff Bailey. “Providing these ‘Safe Lots’ are something positive we can do for our community at absolutely no cost.”

The following locations may be used;

Rankin County Sheriff’s Office in Brandon

Brandon Police Department

Pearl Police Department

Flowood Police Department

Florence Police Department

Pelahatchie Police Department

Reservoir Police Department

*Hat tip to Jackson Jambalaya for getting the scoop.

Matthew Thompson is a Domestic Relations Attorney in Mississippi and likes getting a good deal, just like the rest of you!

Follow the blog: #BowTieLawyer

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Crime, Divorce, General Legal, Opinion

The Fallout Continues…and there is more to come. Ashley Madison won’t Stop.

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One more post on Ashley Madison and then I am taking a break from the subject.

You can read about the Ashley Madison hack here and what it means and doesn’t mean here.

What is still developing are the ramifications from the hack and the disclosure of private information.

It’s been reported that there have been suicides due to person’s private information being leaked. There have been public admissions of using the site and being the “biggest hypocrite ever.” There have been public denials that the person listed did not create the account or use the account, well maybe they did create it, but it was for curiosity’s sake only. There have also been outright denials of accessing the site and that an impostor created the account.  This did happen, by the way.

There is actually a law in Mississippi which makes it illegal to impersonate another real person online with the intent to threaten, harm, intimidate or defraud another.  The fake accounts may well be actionable if it impersonated a real person.

The other concerning part is that the Impact Team, the hackers responsible for the leak, have indicated they have the content of private messages and pictures shared through the site. There may be more fallout to come.

Matthew Thompson is a Divorce Lawyer in Mississippi and warns you that this story has “legs” and other body parts too!

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

 

Crime, Divorce, General Legal, Opinion

AshleyMadison; The Naked Truth.

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The List has been leaked. The names have been scoured. More than a few were familiar to you…

AshleyMadison is all the talk, but your name being on the list is not a conviction, at least not yet. It does not even mean you used it.

The site is supposedly anonymous. Meaning anyone could enter a User Name (not their real name), use a Prepaid Gift Card and a dummy (or generic) email address. Reports indicate some did just that. However, some most certainly did not.

Also, just because you were on the list did not mean you had an affair. It means that perhaps you wanted to, intended to, or wanted to have some chat time with a fictional woman.  The man to woman ratio makes it highly unlikely that those users of the site were “successful.”

It also means that some of those listed in all likelihood had affairs and spent money doing so.  In some instances, it’s being reported, thousands of dollars were spent. This is trouble for several reasons. 1) It is circumstantial evidence of an affair, certainly inclination (or infatuation), and 2) spending money on a girlfriend, or boyfriend, is Marital Waste.

It is at best just embarrassing and at worst indicative of family problems in the past and probably some more to come.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends that if you are on the list it’s time to make that call.

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