Category Archives: General Legal

HOW NOT TO TESTIFY IN COURT!

Courtroom testimony is nerve-wracking.  You’re under oath, in the spotlight and half of the time you are being questioned by someone who is likely out to get you.  However, there is one thing to NOT do.

imagerymajestic/ freedigitalphotos.net

Do NOT interrupt.

Do NOT interrupt the person examining you. Do not interrupt whoever is asking the question and do NOT interrupt the Judge.  It never ends well, even if what you have to say is very relevant and important. Wait. Say it when asked or when explaining your answer.  Also, do NOT just volunteer information.  A Question is asked, an Answer is given.  If there is a moment of silence or a pause while the next question is being formulated there is no need to fill in the silence with talking.  Be still.

Read more on testimonial war stories here and child testimony here.

Matthew Thompson is a Family Law Litigation Attorney in Mississippi and does his best to not interrupt the Judge.

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.

black bow

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.

vectorolie/freedigital photos.net

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.

black bow

 

The #1 Reason Why Friends Vanish During Your Divorce.

Sure, you may be losing a spouse, but you still have your friends, right?

download

Divorces are hard, messy, time-consuming, energy and money draining. They impact not only your relationship with your spouse and children, but also your relationships with your friends.

Friends, all of a sudden, become witnesses.  That time that Jimmy drank too much at the BBQ and screamed and cursed at you.  Well, Paul witnessed the whole thing, thought Jimmy was out of line and even said as much. It made him wonder what Jimmy was like behind closed doors. But, given some time and the threat of a witness subpoena and Paul does not really “remember” exactly who said what.

When Maggie finds out she may be deposed about what you told her, she all of a sudden is an expert on hearsay and probably won’t be allowed to testify anyway

The #1 reason on why friends vanish…THEY DO NOT WANT TO GET INVOLVED.

They do not want your problems to become their problems.  They do not want to “pick sides.”  They may be willing to be there for moral support, but when faced with Court, and cross examination – most would prefer not to.

Matthew Thompson is a Family Law Attorney and reminds you that friends don’t let friends go into Court unprepared.

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.

black bow

Leaked Photos!

The headlines have been abuzz of leaked celebrity photos in compromising positions, including Jennifer Lawrence and Kate Upton.

lady-in-yellow-100177022

 

 

 

 

 

 

 

 

However, celebrities aren’t the only targets of this type of conduct.  All too often these are threatened to be made public or sent to your mother by your former significant other when pitted against one another in a heated divorce or custody case.  You mean your soul-mate may turn on you?  In a second!

In addition to being embarrassing the pictures can influence a Court’s determination on contributions to the stability of the marriage and custody.  I am not saying you lose your kids because you took naughty photos, but depending on what they depict and whether they include illegal activity they may well impact your case and may also impact negotiations. You may settle for less than you should to prevent them from being used.

So, how do I keep these from being used against me? Easy, don’t allow them to exist in the first place.

What if they already do?  Tread carefully…

Matthew Thompson is a Divorce Lawyer in Mississippi and cautions you to NOT put yourself in compromising positions.

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.

black bow

 

The Dirtiest Secret of Lawyer Advertising!

One call.  That’s all.”

Gone are the days when Lawyers do not advertise.  While some lawyers still think it’s a faux pas, most accept that lawyer’s advertising is just like any other industry and to some extent is a public service…

Regardless of whether or not you approve of lawyer advertising it is here to stay. However, there is one trap to be careful to avoid;

  • Bought and Paid for Search Rankings.

I get numerous Search Engine Optimization (SEO) proposals every week.  These groups claim they can have me at the top of Google searches, for a fee, in any legal category I choose. The SEO people Google specific terms and if you are not in the top 5, or on the first page, then the solicitations come. Sometimes you may even be on the first page organically and they still try to solicit you.

So what does this mean for you, the person looking for a lawyer? Be careful. Just because a lawyer shows up on your search does not mean he/she is the one for you or that they even handle the type of case you have.  Read more on How to Hire an Attorney.

Matthew Thompson is a Family Law Attorney in Mississippi cautioning you to do your research before you hire an attorney.

Follow the blog: BowTieLawyer 

You may also contact Matthew with your family law case, question or concern at 

img_6390

Getting UnMarried Without a Divorce (Death is NOT the Only Way Out)

There are ways to end a “Marriage” other than divorce, and no, I am not talking about death…

http://eofdreams.com/ death.html

I have previously blogged on Annulment and the very limited circumstances that one may be requested.  However, I recently had another Annulment scenario arise that is worth mentioning.

Mississippi has specific licensing requirements to get married.  You have to have a licensed issued, you have to have a ceremony and cohabit.  The license is issued by the Clerk, the Ceremony is the thing you have at the beach, or the church, or the Court House and Cohabiting is living together.

But, what happens when there is a failure of one of the (3) requirements?

Typographical errors in the license do not invalidate a marriage when the marriage is consummated and you are living together.  Failure to comply with licensure requirements and NOT living together does not a marriage make. This situation would result in an Annulment.

But, what if there was no ceremony? 

Failure to have a Ceremony is fatal.  It does not matter if the license was issued. It doe not matter if you shacked up.  If you did NOT have a ceremony; at the beach, church, Court House, or backyard, if you did not jump the broomstick, you are not married.  A Ceremony, of some type, is required.

So, want your marriage to Count- get a license, have a ceremony and live as husband and wife.

Matthew Thompson is a Divorce/Annulment Lawyer in Mississippi and reminds you to act fast if you are seeking an Annulment.

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.

black bow

Child Support, FaceBook and Poor Judgment = Rich Consequences

Pay your Child Support.  It’s been said and blogged before, but a few payors have yet to get the message…

Newly Internet famous, John McCroy, reportedly paid his $100.00 per month child support only one time.  He allegedly refused to pay because he  died and could not afford it.  Neither appears true.  Above is the recent photo of himself with at least $100.00 and being alive.

Social media like FaceBook (also, don’t do this on FB) and other sites are now routinely reviewed in determining a potential party’s whereabouts, goings-on and can be used as a snap shot into their financial status.

I have personally prepared to use FaceBook photos of an ex, severely behind on their obligations, claiming they cannot afford it, but had numerous pictures of their new car and the recent vacation they just took to the beach.  Certainly, there are circumstances where persons cannot afford their obligations when life gets in the way, but pictures of your new car and recent vacation are proof positive you are choosing to not pay your obligations.

Just like McCroy, it was proof they could meet the obligation, but chose not to.  McCroy posted numerous photos and comments once his “story” broke. He noted that no one in the media has mentioned that his Baby’s Mama was keeping the child away from him.  If true he should seek Contempt against her or specified visitation rights, it is not a basis to not pay your child support.

Matthew Thompson is a Child Support Lawyer in Mississippi and reminds you that as a parent you have a moral and legal obligation to pay Child Support.

Follow the blog: BowTieLawyer 

You may also contact Matthew with your family law case, question or concern at (601) 850-8000

Gun Myths Debunked

People make a lot of assumptions about guns.  Most of them are wrong…

NPS photo

Mississippi has fairly straight forward gun laws.

Can I purchase a gun from a dealer

Yes, if you are 18 or older for a long gun (ie: shotgun, rifle, muzzle loader)

or

Yes, if you are 21 or older for a hand gun (ie: pistol, revolver)

and

have not been convicted of domestic violence, a felony and have not been committed for alcohol or drugs, and are not under the influence at the time of purchase.

What about Possessing a Firearm?

Possession as opposed to purchasing has lesser restrictions.  There is not minimum age for possession of a long gun. It’s not uncommon for 9-year-olds and up to have a shotgun for dove or duck hunting.  It’s legal, and assuming proper supervision, safe.  The law is a little more restrictive on a youngster possessing a handgun, but you can possess one if you are 18 or older, and if younger than 18 you may possess one for hunting purposes, at a shooting range or on private property with permission of the landowner.

Do I need a Permit or License?

No.

Do I have to Register my Firearm?

No.

What about Concealed Carry?

MS has recently adopted new laws concerning concealed carry vs. open carry and a license is required for Concealed Carry.

Where can I have this gun?

Your home, your business and your car and a lot of other places too, unless there is a Federal restriction against it, or if your local entity has the proper signage, unless of course you have the instructor certified endorsement (though the endorsement does not override Federal restrictions). Confused yet?

I would suggest you consult with your local law enforcement office if you have specific questions, though reading the law for yourself may prove more beneficial.  Also, the laws are ever-changing.  Confer with an attorney if you have any questions concerning the use, purchase or possession of a firearm in Mississippi before you have an issue.

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.

black bow