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WELCOMING A BRIGHTER FUTURE IN 2017

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Happy New Year North Mississippi!

New Year’s Resolutions, New Year’s Plans, New Year’s Opportunities!

This is a great time of year to make a new start, begin a new chapter in your life, and stop procrastinating on resolving legal issues. Here are just a few of the areas Dabar Law can quickly and at a low cost help you begin 2017 the right way.  We proudly serve DeSoto County, including Hernando, Horn Lake, Southaven, Olive Branch and Walls, Mississippi. We also proudly serve Mississippi counties such as Marshall, Tunica, Tate, Lafayette and Panola and other great towns such as Tunica, Byhalia, Holly Springs, Senatobia, Batesville, Coldwater, Oxford, Sardis and Water Valley. Call us today at 662-469-4411 to discuss one or more of the following ways we may help you:

EXPUNGEMENT…Let us help you clean up your arrest and conviction record so that you can get a better job, begin a new career and not worry as much about future background checks.

WILLS & ESTATE PLANNING…Let us help you plan the distribution of your assets and even the custody of your children and pets at a very affordable cost before your death.

POWER OF ATTORNEY…A Power of Attorney can be a great means to get help to take care of your business matters if you are not able to do so, either now or in the future.

LIVING WILL & ADVANCED HEALTH CARE DIRECTIVES…You do not have much control over when you die but you have a tremendous amount of control over how you die.  We can help alleviate stress on your loved ones and you by making these decisions early; we can help explain all your options and make this decision process easy.

CRIMINAL CASES…Take advantage of our free consult in any criminal matter, whether misdemeanor or felony, including DUIs, shoplifting, simple assault, aggravated assault, disturbing the peace, possession of paraphenalia, possession of any illegal drug, sale of drugs, prostitution, sexual assault, etc.  Ask about our payment plans.

UNCONTESTED DIVORCE…Take advantage of our low payment plans for uncontested divorce.

STEP PARENT ADOPTION & NAME CHANGES…Make it final this year for your family. We’re ready to help you make things official and offer affordable pricing.

AGREED CUSTODY ORDERS…If you can successfully work things out between all parties, let Dabar Law help you save money and draft an order to memorialize your agreement for entry of an order with the Court.

CAR WRECKS, PERSONAL INJURY, MALPRACTICE…Call us today for a free consultation for questions of liability.

Happy 2017 from Dabar Law.  We pray 2017 proves to be your best year yet and filled with the best life has to offer.  Please let us know if we can help you start 2017 the right way, ease your stress by answering legal questions or help you with any legal issues that may later arise.  If we do not personally handle your type of case, we will do our very best to refer you to another competent or more experienced attorney in that legal area.

Kindest regards,  Melissa Dabar

WHEN YOUR LOVED ONE IS ARRESTED

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(This is general information about getting someone recently arrested out of jail in Mississippi only.  Contact a local bondsman of your choice for further and more precise information on the local bonding process.)

When your loved one is arrested, they will be calling you, someone, anyone that will answer the phone to help them get out of jail.  Sometimes, the arresting officer will allow your loved one to use a personal cell phone to notify family or make a brief courtesy call prior to being transported to the jail but that call is not a right or guarantee.  During the arrest, however, your loved one’s personal belongings found during the arrest will be seized, secured, inventoried and held until their release, including their cell phone, money, keys, medication and other valuables.

Communication between your loved one and you while at the jail will likely be very costly and more precious than normal. Typically, your loved one will ask you to add money to their account or books at the jail for not only necessities such as extra food, snacks, white underwear, hygiene items but also money for phone calls and emails from the jail.  Please keep in mind that these telephone calls and emails are not private and could be used against your loved one in their case so avoid trying to get them to discuss or confess any illegal activities.  Some numbers may be free calls from the jail.  For instance, my number is a free call from the DeSoto County Detention Center.

Your loved one will not be allowed to leave the jail until a bond is set and the bond is made or issued.  Some common charges have a standard bond amount in some jurisdictions that can quickly and easily be set.  For other charges, your arrested loved one, the “defendant”, may have to appear before a judge either in person or by video to have a bond set.  Once the bond amount is set, then either the whole cash bond amount can be paid or a local bondsman can write the bond along with a willing cosigner with the necessary reduced amount of bond.  The bond is necessary to insure that your loved one comes to scheduled court appearances.  If your loved one does not go to court and you are the cosigner on the bond, you could be liable for additional costs including the cost to the bonding agency in recapturing your loved one.

When your loved one is arrested and you know that you want to help them get out of jail on bond, you can begin to contact local bonding companies for assistance.  If a bond is set, then you can immediately begin to work with a bondsman to get your loved one out of jail.  If a bond is not set, you can either wait for a bond to be set or contact an attorney to help you with trying to get a bond set, consult with your loved one privately or even petition for a bond reduction if the current bond amount seems too high.

When your loved one is arrested, it is normal for you to be anxious, fearful and unsure about the proper steps to take to help your loved one.  Hopefully some of this information will help prepare you to know what to do, assist someone else going through this or help in a current situation.  If we can further assist you with a loved one that has been recently arrested in Mississippi, please don’t hesitate to contact us.

New Mississippi DUI or Implied Consent Law…Part III

EFFECTIVE OCTOBER 1, 2016

EXPUNGEMENT

  • any person convicted under subsection (2) or (3) of Mississippi Implied Consent 63-11-30 of 1st offense DUI AND
  • not a holder of commercial driver’s license or commercial permit
  • MAY petition the circuit court of the county where conviction occurred for an order to expunge the record at least five (5) years after completion of all terms and conditions of the sentence
  • will only be available if completed all terms and conditions of sentence imposed at conviction
  • will only be available if did not refuse to submit to a test of blood or breath
  • will only be available if blood alcohol concentration tested below 0.16% if test results available
  • will only be available if has not been convicted of and does not have pending any other offense of driving under the influence
  • will only be available if has provided the court with justification as to why the conviction should expunged AND
  • will only be available if has not previously had a nonadjudication or expungement of a violation of this section
  • a person is eligible for only one (1) expungement under this subsection
  • eligibility for expungements is determined by the Department of Public Safety which maintains a confidential registry of all cases of expungements and nonadjudication
  • court in its order of expunction shall state in writing the justification for expunction being granted and forward the order to the Department of Public Safety within five (5) days of the entry of the order

NONADJUDICATION

  • NONADJUDICATION means that the court withholds adjudication of guilt and sentencing, either at the conclusion of a trial on the merits or upon entry of a plea of guilt by a defendant, and places the defendant in a nonadjudication program conditioned upon the successful completion of the requirements imposed by the court under Section 63-11-30
  • a person is eligible for nonadjudication of an offense under Section 63-11-30 only one (1) time AND
  • only for an offender who has successfully completed all terms and conditions imposed by the court after placement of the defendant in a nonadjudication program
  • only for an offender who was not operating a commercial vehicle at the time of the offense
  • only for an offender who has not previously been convicted of and does not have pending any former or subsequent charges under Section 63-11-30
  • only for an offender who has provided the court with justification as to why nonadjudication is appropriate
  • may be initiated by filing a petition for nonadjudication
  • court may withhold adjudication of guilt, defer sentencing, and upon the agreement of the offender to participate in a nonadjudication program, enter an order imposing requirements on the offender for a period of court supervision before the order of nonadjudication is entered
  • failure to successfully complete a nonadjudication program subjects the person to adjudication of the charges against him and to imposition of all penalties previously withheld due to entrance into a nonadjudication program
  • the court shall order the person to pay the nonadjudication fee
  • the court shall order the person to payn all fines, penalities and assessments that would have been imposed for conviction
  • the court shall order the person to attend and complete an alcohol safety education program within six (6) months of the date of the order
  • IF DUI ALCOHOL–if the person violates this section with alcohol or intoxicating liquor, the person must install an ignition-interlock device on every motor vehicle operated by the person, obtain an interlock-restricted license, and maintain that license for one hundred twenty (120) days or suffer a one-hundred-twenty-day suspension of the person’s regular driver’s license, during which time the person must not operate any vehicle
  • IF DUI DRUGS–if the person violates this section by operating a motor vehicle when under the influence of a substance other than alcohol that has impaired the person’s ability to operate a motor vehicle, including any drug or controlled substance which is unlawful to possess under the Mississippi Controlled Substances Law, the person must submit to a 120 day period of nonadjudication program that includes court-ordered drug testing at the person’s own expense not less often than every thirty (30) days, during which time the person may drive if compliant with the terms of the program, or suffer a 120 day suspension of the person’s regular driver’s license, during which time the person will not operate any vehicle
  • other conditions that may be imposed by the court include, but are not limited to, alcohol or drug screening, or both, proof that the person has not committed any other traffic violations while under court supervision, proof of immobilization or impoundment of vehicles owned by the offender if required, and attendance at a victim-impact panel
  • the court may enter an order of nonadjudication only if the court finds, after a hearing or after ex parte examination of reliable documentation of compliance, that the offender has successfully completed all conditions imposed by law and previous orders of the court

New Mississippi DUI or Implied Consent Law…Part II

EFFECTIVE OCTOBER 1, 2016

IN-DEPTH DIAGNOSTIC ASSESSMENT

  • if DUI 2nd or subsequent, then SHALL receive an in-depth diagnostic assessment and if determined to be in need of treatment for alcohol or drug abuse, the person MUST successfully complete treatment at a program site certified by Department of Mental Health
  • person who receives diagnostic assessment SHALL pay a fee for cost of the assessment
  • person who participates in treatment program SHALL pay a fee representing cost of treatment

ZERO TOLERANCE FOR MINORS

  • SHALL apply only when a person under 21 years of age has a blood alcohol concentration (BAC) of 0.02% or more, but lower than 0.08%, then eligible for nonadjudication
  • if BAC is greater than 0.08%,
  • SHALL be fined $250.00
  • SHALL attend and complete alcohol safety education program, see 63-11-32 within 6 months
  • MAY require victim impact panel
  • if under 21 and convicted of DUI 2nd within 5 years, then fine SHALL be not be more than $500.00
  • if under 21 and convicted of DUI 3rd or subsequent within 5 years, then SHALL be fined not more than $1,000.00
  • if under 21 and convicted of DUI 3rd or subsequent, then MUST complete treatment of an alcohol or drug abuse program at a site certified by the Department of Mental Health

DUI TEST REFUSAL

  • in addition to other penalties in 63-11-30
  • every person refusing a law enforcement officer’s request to submit to a chemical test of the person’s breath, or who is unconscious at the time of a chemical test and refused to consent to the introduction of the results of the test in any prosecution, SHALL suffer additional administrative suspension of driving privileges, see 63-11-23

AGGRAVATED DUI

  • Driving under the influence and in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another SHALL, upon conviction, be guilty of a separate felony for each victim who suffers death, mutilation, disfigurement or other injury & SHALL be committed to MDOC of not less than 5 years and not more than 25 years for each death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, SHALL commence at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction. Any person charged with causing the death of another as described in this subsection SHALL be required to post bail before being released after arrest.
  • CDL DRIVER–holder of commercial driver’s license who is convicted of operating a commercial motor vehicle with an alcohol concentration of 0.08% or more SHALL be guilty of a felony and SHALL be committed to the custody of MDOC for not less than 2 years and not more than 10 years

OUT OF STATE PRIOR CONVICTIONS

  • convictions in other states, territories etc occurring within 5 years before an offense shall be counted for the purpose of determination of 2nd, 3rd, 4th or subsequent offenses

CHARGING OF SUBSEQUENT OFFENSES

  • for purposes of determining how to impose sentence for 2nd, 3rd, 4th or subsequent conviction, the affidavit or indictment SHALL NOT be required to enumerate previous convictions
  • SHALL ONLY be necessary that the affidavit or indictment states the number of times that the defendant has been convicted and sentenced within the past 5 years under this section to determine if an enhanced penalty SHALL be imposed.
  • The amount of fine and imprisonment imposed in previous convictions SHALL NOT be considered in calculating offenses to determine a 2nd, 3rd, 4th or subsequent offense of this section

LICENSE ELIGIBILITY FOR UNDERAGE OFFENDERS

  • if underage to obtain a license to operate a motor vehicle at the time of the offense and is convicted under this section SHALL NOT be eligible to receive a driver’s license until the person reaches the age of 18 years old

LICENSE SUSPENSIONS AND RESTRICTIONS TO RUN CONSECUTIVELY

  • suspensions or restrictions of driving privileges for any person convicted of or nonadjudicated for violations of this subsection (1) of this section SHALL run consecutively to and not concurrently with any other administrative license suspension

IGNITION INTERLOCK

  • see Section 63-11-31
  • if convicted or nonadjudicated and court orders installation and use of ignition-interlock device, then each device shall be installed, maintained and removed as indicated in Section 63-11-31

New Mississippi DUI or Implied Consent Law…Part I

EFFECTIVE OCTOBER 1, 2016

Mississippi Code Annotated 63-11-30, is the specific statute regarding operating  a motor vehicle while under the influence of alcohol or drugs.

It is unlawful for any person to operate a motor vehicle if under the influence of alcohol

It is unlawful to drive or operate a motor vehicle in Mississippi if the person is

  • is under the influence of liquor
  • is under the influence of any other substance that has impaired the person’s ability to operate a motor vehicle
  • is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law OR
  • has an alcohol concentration of 0.08% or more for a person who is 21 years of age, shown by the person’s breath, blood or urine sample
  • has an alcohol concentration of 0.02% or more for a person who is less than 21 years of age, shown by the person’s breath, blood or urine sample
  • has an alcohol concentration of 0.04% or more for a person operating a commercial motor vehicle

DUI 1ST CONVICTION, for either DUI alcohol/drugs

  • Fine SHALL be not less than $250.00 nor more than $1,000.00 OR
  • Jailed for not more than 48 hours OR
  • BOTH fine & jail, as above
  • SHALL attend alcohol safety education classes within 6 months of sentencing
  • Court MAY substitute attendance at victim impact panel instead of 48 hours in jail
  • Suspension of commercial driver’s license, see Section 63-1-216
  • non-adjudication is possible for DUI 1st offense but not for commercial driver’s license holders
  • interlock-restricted license, see Section 63-11-31
  • suspension of regular driving privilege, see Section 63-11-23

DUI 2nd CONVICTION within 5 years, for either DUI alcohol/drugs

  • SHALL be guilty of misdemeanor
  • Fine SHALL not be less than $600.00 nor more than $1,500.00
  • SHALL be Jailed not less than 5 days nor more than 6 months AND
  • Community Service not less than 10 days nor more than 6 months
  • Minimum penalties SHALL NOT be suspended or reduced by the court
  • Prosecutor SHALL NOT offer any suspension or sentence reduction as part of plea bargain
  • Suspension of commercial driving privileges, see Section 63-1-216
  • Interlock-restricted license, see Section 63-11-31
  • Suspension of regular driving privileges, see Section 63-11-23

DUI 3rd CONVICTION within 5 years, for either DUI alcohol/drugs

  • SHALL be guilty of a felony
  • Fine SHALL not be less than $2,000.00 nor more than $5,000.00
  • SHALL be Jailed not less than 1 year nor more than 5 years in Mississippi Department of Corrections (MDOC)
  • If offense does not result in serious injury or death to any person, the sentence MAY be served in the county jail instead of MDOC at the discretion of the circuit court judge
  • Minimum penalties SHALL NOT be suspended or reduced by the Court
  • Prosecutor SHALL NOT offer any suspension or sentence reduction as part of a plea bargain
  • Suspension of commercial driving privilege, see Section 63-1-216
  • Suspension of regular driving privileges, see Section 63-11-23

DUI 4TH CONVICTION for either DUI alcohol/drugs

  • regardless to time period which violation occurred
  • SHALL be guilty of a felony
  • Fine SHALL not be less than $3,000.00 nor more than $10,000.00
  • SHALL be Jailed not less than 2 years nor more than 10 years in Mississippi Department of Corrections (MDOC)
  • Suspension of commercial driving privileges, see Section 63-1-216
  • if convicted of DUI 4th or subsequent DUI, the person is ineligible to exercise the privilege to operate a motor vehicle unless it is equipped with an ignition-interlock device for 10 years

When You’re Stopped By The Police

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You have the following RIGHTS

  • Right to remain silent
  • Right to calmly and safely leave if you are not under arrest
  • Right to know why if you are arrested
  • Right to a lawyer if arrested
  • Right to refuse a search of your home without a search warrant
  • Right to refuse a search of your car unless the officer believes it contains evidence of a crime committed
  • Right to make a local phone call if arrested
  • Right to consult with your attorney without the officer listening

You should

  • Remain calm and courteous with the officer at all times
  • NOT talk too much or admit guilt without first talking to your attorney
  • NOT lie or provide false information to the officer
  • Try to notify a friend or loved one if you are arrested
  • NOT fight with the police or interfere with police procedures
  • Keep your hands where the police can see them at all times
  • NOT run away or flee from the police
  • stop the car in a safe place as soon as reasonably possible
  • turn off the vehicle ignition
  • if asked, show your driver’s license, vehicle registration and proof of insurance
  • NOT lie about your immigration status or produce false documents
  • NOT discuss your immigration status with anyone except your lawyer
  • NOT say anything or sign anything upon being arrested without consulting a lawyer

 

 

Mississippi Grounds for Divorce

Mississippi continues to have a public policy against divorce and stronger interest in the preservation of marriages and family, as reflected in the limited statutory grounds for divorce and in the strict application of the grounds for divorce in granting divorces.  The spouse that files for divorce has the burden to prove the grounds for divorce and usually needs corroborating evidence from other credible sources than just the testimony of the spouse filing for divorce.

A divorce is granted in Mississippi either by agreement of the Husband and Wife in a “no-fault divorce” or by proving at least one of the 12 fault-based  grounds for divorce in court before a judge.  Most divorces in Mississippi, however, are granted based on “irreconcilable differences”, the no-fault divorce, meaning the parties mutually agree that the marriage is over and submit an agreed property settlement for the Court’s approval. If the Husband and Wife cannot agree on the terms of the divorce and the judge finds that a grounds for divorce does not exist, then the divorce will be dismissed at trial.

NO FAULT DIVORCE (Irreconcilable Differences)    The divorcing couple agrees to divorce and to the settlement of such issues as child custody and support, alimony and property division

12 FAULT GROUNDS FOR DIVORCE

1.Desertion.  Spouse’s willful abandonment of the marriage for at least 1 year without consent, just cause, excuse, or intention to return

2.Natural Impotency

3.Insanity

4.Idiocy

5.Wife’s pregnancy by another man

6.Adultery

7.Imprisonment in Mississippi Department of Correction

8.Bigamy

9.Incest

10.Habitual Drunkenness

11.Habitual and Excessive Drug Use

12.Habitual, Cruel, and Inhuman Treatment, must endanger life, limb or health