Category Archives: General Legal

General Legal

Recording the Police (and this has nothing to do with Sting)

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“It is perfectly legal to record on-duty police in every state in the country. That includes states that require all parties to a conversation to consent in order for that conversation to be recorded. Those laws all also contain a provision that the non-consenting party has a reasonable expectation of privacy. So far, every court to rule on this issue has found that on-duty cops in public spaces have no expectation of privacy and that recording them is protected by the First Amendment. (The U.S. Supreme Court has yet to weigh in on the matter.) In nearly all cases, the charges are eventually dismissed…”

– Radley Balko, Washington Post, The Watch

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State.  

Follow the blog:#BowTieLawyer

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

Crime, divorce, General Legal

“I did not have sexual relations with that woman, Ms. Lewinsky.” – Bill Clinton

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“Monicagate, Lewinskygate, Tailgate, Sexgate, or Zippergate”

Whatever you call it, it’s the case that parsed words over what the definition of “is” is and put a focus on what is and is not sex-and ergo adultery.

Mississippi defines Adultery as uncondoned Sexual intercourse with a person of the opposite sex, not your spouse.  To be adultery you have to be legally married, then have  intercourse with a person, not your spouse, of the opposite sex, without permission of your spouse before or forgiveness of your spouse if after.  What a definition!

Uncondoned – is the part that requires it not be with permission or forgiveness, whether before or after.

Sexual Intercourse – is the part that requires sex, and what Bill Clinton based his testimony on.

Opposite sex – is the part which requires the other person be the opposite gender from the adulterer.  This one is interesting as technically speaking a same-sex rendezvous does not meet the definition of adultery, maybe for a number of reasons.

Not your spouse – is obvious.

A Valid marriage – usually obvious, but every now and again that issue comes up.  If you are not legally married, then it is not adultery.  Mississippi abolished common law marriage over 50 years ago.

“I did not have sexual relations with that woman, Ms. Lewinsky.” – Bill Clinton

Whether is means now or is mean was, consult an attorney if you find yourself in precarious or Lewinsky-like situations.

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State.  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 

Crime, divorce, General Legal

Pleading the 5th in Divorce

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“I plead the 5th!”

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. –5th Amendment to the U.S. Constitution

In divorce cases pleading the 5th is not often invoked.  The reason is divorce cases are civil matters, by their nature.  Not civil in the sense that everyone is always nice, but civil as opposed to criminal.

When Can you Plead the 5th in a Divorce Matter?

When answering the question would involve you admitting to a crime.  Interestingly, adultery, or habitual fornication rather, is a crime in Mississippi. It is rarely prosecuted, but is a crime nonetheless.  Due to this you may invoke the 5th. However, you have not outsmarted the system.  Pleading the 5th in a civil matter creates a presumption that you did what was asked.  Or, at least the Chancellor can use it against you.

So, how does this play out? (envision a Courtroom)

Attorney:  Mr. Smith, it’s true isn’t is that you have committed adultery during your marriage to Mrs. Smith?

Mr. Smith:  I plead the 5th.

Attorney:  Let the record reflect that Mr. Smith has invoked his 5th amendment right against self-incrimination as it relates to a question about adultery and the Court may make an adverse inference against Mr. Smith for doing so.

Judge:  Duly noted.

Why do it then?  The witness does not have to disclose  the dirty details, name names, places, locations, or positions.

Pleading the 5th may not stop you from getting a divorce, but it may prevent bringing other persons down with you.

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State. Follow the blog:#BowTieLawyer 

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divorce, General Legal

When to Have a “LIE” Ready to Go.

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It seems that in Family Law everybody lies…

I have blogged on the Top 5 Lies of Divorce Clients, as well as It’s ok to Lie to your Children (sometimes). But, there are times where you should have a “lie” ready to go.

When are the Times When you NEED a Response Ready to Go?

  • When you are first meeting with the attorney and are not ready to disclose that to the other side.  Have a story ready. If you are a terrible liar also take a short shopping trip or have lunch with someone so you can truthfully say that is what you were doing.
  • When you are investigating/following/checking up on the other side.  Have a story ready for when you get spotted. I use several PIs for various aspects of what I do.  They always have a detailed, believable cover story ready to explain their presence.
  • When you are not ready to “Show your Cards.” The other side wants to create a ceiling for what you want out of the divorce and you are not ready to say what you want.  Have some response ready, however.

Should you lie? No.  Are there times when it is in your own best interest to do so? You better believe it! 

Matthew Thompson is a Family Law Attorney in Mississippi.  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 

Child Custody, divorce, General Legal, Opinion

Don’t Trash Your Ex Publicly.

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Sure they probably deserve it, but what is the old saying?

Never wrestle with a pig because YOU get dirty and the pig likes it. –

George Bernard Shaw

It is hard, sometimes seemingly impossible to pass up a good opportunity to besmirch the ex, however telling the Homeroom teacher you are unsure about how you are going to pay for Jr.’s field trip because his dad is a deadbeat isn’t right, especially when it’s not true.  The problem is, even when it is true, it is still NOT right.

Saying negative and hurtful things about the other parent always backfires.  In the day and age of twitter, FaceBook, texting and digital recorders- assume all conversations are heard, overheard, recorded and shared.  This means it gets back to the other parent, back to the kids and is as bad as the tattled-upon conduct.

Also, don’t assume your anonymous blog posting is really anonymous.  You have a unique ISP#, your online activity, site visits, time of the visit and duration of the visit are retrievable information.

Matthew Thompson is a Family Law Attorney in Mississippi and cautions you that if you would not say it your Mom, then you should not be saying it to someone else about your Ex.

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

 

Child Custody, Child Support, divorce, General Legal, Grandparent Visitation, Irreconcilable differences, Marriage, Modifications, Opinion, Property Division, Visitation

Judge’s Race Just Got Interesting- 11th District Chancery Election is Now Contested

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Previously we blogged about “We the People” getting to pick our Judges.  This year is an election year for most Judgeships in Mississippi and only a few were contested.

img_6390Now, the Sub District One Seat for Madison, Leake, Holmes and Yazoo counties is contested. (See the full candidate list here, current as of April 16, 2014.)  This Court hears matters involving wills and estates, support and custody of minor children, divorces and alimony, and lunacy or commitment hearings.  The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children’s welfare funds, and other projects.

Attorneys Robert Clark, III, of Lexington, and Barbara Ann Bluntson, of Ridgeland, have both qualified to run for the seat currently held by the retiring Judge Janace Harvey-Goree.  The prevailing candidate will serve as Chancellor over all matters filed in Chancery Court in Holmes and Yazoo Counties and approximately 1/4 of the matters filed in Madison County, if past practice holds true.

Attorney Clark has served as a Youth Court Judge and Municipal Court Judge in Lexington/Holmes County and private practitioner.

Attorney Bluntson has served as the City Prosecutor for Jackson, handling criminal matters, violation of city ordinances and matters pertaining to Domestic Violence.

The qualifying deadline is May 9, so stay tuned to see if any other hats are thrown in the ring.  The election will be November 4, 2014.

Matthew Thompson is a Family Law Attorney in Mississippi, practices frequently in the district at issue above, and is very interested in watching this election and learning more about each candidate. Stay tuned!

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

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General Legal, Opinion

The Difference Between a Lawyer and a Catfish…

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John Q. Lawyer v. J. Whiskers Catfish, 123 So.2d 456 (Miss. 2014)

Also, catfish taste delicious…

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

Child Custody, divorce, General Legal, Grandparent Visitation, Visitation

Go to Your Kid’s Programs.

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When can I go to my Child’s school?

Being divorced impacts all aspects of life. A lot of times you can keep certain aspects quiet or private, but when children are involved issues spill over into school.

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Under normal circumstances, regardless of the custody arrangement, you can go to your child’s school programs. It doesn’t have to be “your” time.

About the only times this is not true is if the Court has imposed specific restrictions preventing this or if the event is not open to all parents or you’re otherwise not welcome at the school.

So, if you can go, Go!

Matthew Thompson is a Family Law Attorney and does his best to put Family First.

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