Category Archives: Crime

Mic Test: “Testing 1, 2, 3…”: Recording in Divorce- Good, Bad & Ugly

Recording Fever has swept the divorce world, at least, since the 1980s.

Recordings set the record straight, right? It’s incontrovertible proof that so-and-so said what-they-said on any given date.  It’s right there on tape…

Not so fast. First of all is it legal where you are? States have differing laws on recordings. Generally, in this state, recording is legal so long as one person to the conversation is aware that it is being recorded. However, this is not the case in every state and some require all parties know and consent.

Secondly, is the recording a set-up?  There have been instances where a spouse (or ex-spouse) intentionally created circumstances where the other spouse would “blow up.”  Under these circumstances your recording may get you in more trouble than it’s worth.

Third, is the recording complete and unaltered? Recordings can be edited. They can certainly be manipulated.  Recordings must be authenticated, complete and relevant to be considered admissible.

Fourth, is it as valuable as you think? I know a Judge whose opinion is “You need to be focusing on parenting and communicating with the other parent rather than recording every interaction…

Recordings, either audio or video or both, may well be legal, legitimate, complete and valuable, but it could easily be illegal, under false circumstances, incomplete and of no value. Discuss the laws regarding recordings and admissibility with your attorney.

Matthew Thompson is a Family Law Attorney in Mississippi and warns clients of the possibility of surveillance and recordings, reminding them to say and do things they do NOT mind being played back in Court.

You may  contact Matthew with your family law matter or question at (601) 850-8000

How Do You Tell When a Lawyer is Lying?

“His lips are moving.”

Perjury has been blogged about.

Never lie. (PERJURY)  You will get caught.  The truth is easy to remember.  Remember, usually, it’s not the crime but the cover-up that gets you.  The very affluent husband, with a great job, testified that he was unsure of his income, but knew his expenses down to the penny.  He testified under oath that his expenses exceeded his income by over $10,000 per month.  The problem?  He had no debt.  This situation of making $10,000 less than he was spending had been going on for months, if not years, but he always made payroll, carried no debt, had no loans and could not explain how this could be.  Perhaps he had a money tree out back.

Lying to your kids has, as well.

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?

The Top 5 Lies of Divorce clients are here.

5.  Lies about Income.

4.  Lies about their role within the Home.  

3.  Lies about Other Marital Fault.

2.  Lies about Value$.

1.  Lies about Adultery.

Matthew Thompson is a Divorce Attorney in Mississippi and encourages potential clients to tell your lawyer the truth!

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

“Thomas Jefferson” Disbarred

Kansas Attorney Dennis Hawver has been disbarred due to “inexplicable incompetence!”

Hawver committed a number of blunders throughout the case, among them include;

  • At trial, Hawver described his client a “professional drug dealer” and a “shooter of people,”
  • Hawver  argued at trial that his client would never have left a witness alive if he had shot the two women victims.
  • Hawver did not investigate alibi witnesses and did not track his client’s cellphone to find his location at the time of the murders.

His explanation?  “I had no idea that cellphones had GPS capabilities at that time,” he said. “Did you? I didn’t. If I had known it, I’d have been on it like a dog on a bone.”

  • Hawver had never previously tried a capital murder case and had not tried a murder case in more than 20 years.
  • He was unfamiliar with ABA guidelines for trying capital murder cases.
  • He informed the jury his client had previously been convicted of voluntary manslaughter, even though prosecutors agreed to a stipulation that the client had a prior felony conviction without further details.
  • He failed to seek dismissal of the capital charge after the Kansas Supreme Court struck down the death penalty scheme.
  • Hawver had said he had no funds for a pretrial investigation and he did not call the indigent defense board to explore whether funding was available to support his representation.
  • He also said he did not recall whether a board representative had called him with an offer to provide co-counsel, investigators, consultants and expert witnesses, but he does not contest that an offer of funding was made.
  • During the sentencing phase of the trial, he said the killer should be executed.

During the arguments concerning attorney discipline, Hawver named Thomas Jefferson as his hero and says he wore the outfit because he had a constitutional right to represent the client “as directed, instructed and agreed” by the client, “no matter what the ABA guidelines have to say.”

Matthew Thompson is a Mississippi Family Law Attorney and advises all potential clients that if your attorney dresses as a Founding Father for Court it is time for a new attorney.

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

How NOT to Hire an Attorney.

Desperate times call for desperate measures, but don’t take things too far..

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A recent Craigslist add was seeking to raise funds via a non-traditional manner. Organ sales.  However, this is not your grandmother’s musical instrument.  The ad stated, in part;

I am a healthy active 37yr old, 6′ tall white man of strong european bloodline. I am drug a disease free and have two healthy kidneys and all I have left to sell is one of them. I have been going through custody battles for the last 4 years and am flat tapped out of money and property left to sell. My son is my one true love and his mother wont be happy or stop lying until Im out of the picture and she is being helped by a devious liar of an attorney. I wont give up on my son and am willing to do what it takes to stand up for him. I have to give my attorney some money and this is all I can come up with. I am employed and have a job I love, but I need to lay down thousands of dollars at this point, attornies are not cheap. Please help. Call ****** ***-***-**** ALL EMAILS WILL BE DELETED. Thanks.

I do NOT know if the above is legit or not and I assume it is not.  Sacrificing your health and potentially your life is not the way to “win” custody. Also, organ sales are illegal in the U.S.  The National Organ Transplant Act (1984 Pub.L. 98–507), approved October 19, 1984 and amended in 1988 and 1990, outlawed the sale of human organs and provided for the establishment of the Task Force on Organ Transplantation; authorized the Department of Health and Human Services to make grants for the planning, establishment, and initial operation of qualified Organ Procurement Organizations (OPOs); and established the formation of the Organ Procurement and Transplantation Network and Scientific Registry of Transplant Recipients.

Don’t sell your organs to hire or pay for your attorney.  There are other solutions if you are completely tapped-out, but this ain’t it.  Read about options if you cannot afford an attorney here.

Matthew Thompson is a Mississippi Family Law attorney and cautions those in legal situations, not to make their circumstances worse.

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

How to Leave a Bad Situation.

It’s all to common that I encounter someone in an abusive relationship.  The getting out is the hard part.

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It’s usually best to prepare to leave. If possible;

  • Make sure the Children are safe.
  • See a Lawyer.
  • Have some cash.
  • Get valuables, papers and irreplaceables.
  • Get out.

Sometimes it’s not possible to prepare.

  • Get Children
  • Get Out
  • Call the Police
  • IN this Order.

Domestic Violence is real, knows no class boundaries and happens.

Don’t accept it.

Matthew Thompson is a Chancery Court Attorney in Mississippi and advises victims of Domestic Violence to seek protection and press charges.

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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Update: Mississippi Judge Pleads GUILTY

As an update from a prior blog, former Mississippi Chancery Judge Joe Dale Walker, has pleaded guilty to Federal charges.

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Walker, formerly of the 13th Chancery Court district which includes; Covington, Jefferson Davis, Lawrence, Simpson and Smith counties, was on suspension by the Mississippi Supreme Court for his on-the-bench conduct. He pleaded guilty this week to federal charges that included that he instructed a federal grand jury witness to destroy documents and then lied to FBI agents about it.

According to the FBI, Walker directed an attorney (the witness) he had appointed for a Conservatorship to solicit bids for the construction of a home for the ward. Of the bids obtained, one was from the Judge’s nephew.  The Judge reviewed the bids in his office and instructed his nephew to increase his bid. Walker then transferred the case to the other Judge in the district for the limited purpose of accepting and approving the bid because of his nephew’s involvement. After the contract was awarded to Walker’s nephew, the case was transferred back to Walker by the second Judge.

Walker, knowing that a Grand Jury subpoena was outstanding for information concerning the bidding process, spoke with the witness about instructing his nephew to increase his bid and the original bid and any existing copies.

When interviewed by the FBI, Walker denied  talking with the witness about his nephew’s  bids and denied telling the witness that the original low bid needed to be “somewhere else.”

U.S. District Judge David C. Bramlette III will sentence Walker Jan. 8. He faces up to 20 years in prison and a $250,000 fine.

Read more: http://www.washingtontimes.com/news/2014/oct/7/ex-chancery-judge-joe-dale-walker-pleads-guilty/#ixzz3Ff16e0Ll

The Judge’s suspension, resignation, and guilty plea were a result of the joint efforts of the Mississippi Judicial Performance Committee and the FBI- Public Corruption Unit.

Matthew Thompson is a Family Law Attorney in Mississippi and warns you to NOT lie to the FBI!

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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Mississippi State & Ole Miss College Game Day Tickets; Getting Scalped

The Mississippi State Bulldogs are ranked #3 in the Country.  The University of Mississippi is as well.  The tickets for their upcoming games are the hottest seat around!

Sell outs are a given, but you can still get tickets.  However, if you are selling your tickets to make a quick buck or $1,000.00 be aware of the law!

MCA § 97-23-97. Scalping of admission tickets at college events held on state property: 
It shall be unlawful for any admission ticket to any athletic contest of any college or university of the State of Mississippi or for any admission ticket to any entertainment event held on state property to be sold for a price in excess of the price printed on the face of the ticket.

    It shall be unlawful to sell any such admission tickets at any place or in any manner except at such places and in such manner as designated by the proper authorities issuing such tickets.

    Nothing in this section shall prohibit a private individual from selling tickets bought for personal use at a price not to exceed the price on the face of the ticket.

    Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

HISTORY: SOURCES: Laws, 1990, ch. 342, § 1, eff from and after July 1, 1990.

So, just selling your tickets at “market value” may well get you charged with a crime, a misdemeanor.  Go, enjoy the game!

Matthew Thompson is a Family Law Attorney in Mississippi and recommends you not run afoul of the law.

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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FLAG on the PLAY; NFL is NO Moral Authority

Moral authority is authority premised on principles which are independent of written laws. As such, moral authority necessitates the existence of and adherence to truth. Because truth does not change, the principles of moral authority are immutable or unchangeable.

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The world has been abuzz the last week over two NFL scandals.  The first involved Ray Rice assaulting his then-fiancee, committing heinous acts of domestic violence, and the NFL’s wrist-slapping until the video of the act came to light.  The second was Adrian Petersen taking a switch to his 4-year old child, leaving numerous switch marks, welts and breaking the skin on the child.

There has been much attention on both and the good from this will be the light shined on domestic violence and proper child discipline.  Neither of these incidents were proper, nor excusable.  However, what the NFL does or does not do should not change your view on either incident.

The NFL is there to make money and provide entertainment.  That’s it.  If you are looking to the NFL to have a true moral compass or for real role models you are looking in the wrong place.  Look to your local neighborhoods, communities and own family for true role models. The professionals, pastors, educators, mothers and fathers – those that give back and do the right thing when no one is looking.  Those are the ones to emulate, if anyone.

The NFL is not designed nor equipped to be role models- they are designed to make money and entertain.

Don’t want to be constantly disappointed? Aim higher.

Matthew Thompson is a Family Law Attorney in Mississippi, coach of the U7 Girl’s Purple Rush, assistant den leader and involved in numerous community activity groups. 

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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