Question 1

How long has Lowrey, Fortner, & Miri been in Hattiesburg?

Accepted Answer

We have proudly served the Pine Belt since 1980 — more than 46 years of trusted legal service in Hattiesburg and throughout Mississippi.

Question 2

Will you go to the jail to meet with clients?

Accepted Answer

Yes. Our criminal defense attorneys regularly travel across Mississippi to meet clients in jails and detention centers, giving every case the personal attention it deserves.

Question 3

What makes your firm different?

Accepted Answer

We are a close-knit team of seven attorneys who combine personalized, small-firm attention with the depth to handle complex litigation. You are never just another case to us.

Question 4

How long will my case take?

Accepted Answer

Every case is different. Some matters resolve in a matter of weeks, while more complex cases can take longer. We’ll give you a clear, realistic timeline during your consultation.

Question 5

What should I expect during a divorce case?

Accepted Answer

We guide you through every step with compassion and clarity — from filing through property division, custody, and support. Our goal is to protect your rights while reducing conflict and stress wherever possible.

Question 6

What is your retainer fee?

Accepted Answer

Our retainer is tailored to the needs and complexity of your case. It ensures your legal team has the resources to be responsive, strategic, and effective in pursuing your goals.

Question 7

Will you update me about my case?

Accepted Answer

Yes. We keep you informed through scheduled calls, emails, and copies of important documents as your case moves forward.

Question 8

Do you handle cases outside of Hattiesburg?

Accepted Answer

Yes. Although we are based in Hattiesburg, we proudly represent clients throughout the Pine Belt and across Mississippi.

Question 9

How much does a divorce cost in Mississippi?

Accepted Answer

The cost of a divorce depends on the complexity of your case, whether it is contested or uncontested, and the issues involved such as property division, child custody, and support. We provide a clear retainer structure after your initial consultation.

Question 10

Can I change attorneys in the middle of my case?

Accepted Answer

Yes. You have the right to change attorneys at any time. We frequently help clients who are unhappy with their current representation and want a fresh perspective and more attentive service.

Question 11

What is the difference between a direct appeal and post-conviction relief (PCR) in Mississippi?

Accepted Answer

A direct appeal must be filed within 30 days of sentencing and reviews the existing trial record for errors made by the judge or prosecution. Post-conviction relief (PCR) is a separate civil action filed later that allows a defendant to introduce new facts outside the original trial record, such as newly discovered evidence, constitutional violations, or claims of ineffective assistance of trial counsel.

Question 12

What is the deadline for filing a Post-Conviction Relief (PCR) petition in Mississippi?

Accepted Answer

Under the Mississippi Uniform Post-Conviction Collateral Relief Act, a defendant generally has a strict three-year deadline to file a PCR petition. For a guilty plea, the timeline starts from the entry of the judgment of conviction. For a case that went to trial, it starts from the date the direct appeal is formally resolved and affirmed. Exceptions apply for newly discovered evidence or significant retroactive changes in constitutional law.

Question 13

What is a Federal Writ of Habeas Corpus under 28 U.S.C. Section 2254?

Accepted Answer

A 2254 petition is a federal lawsuit filed by an individual currently held in state prison. It asks a federal district court to review their state court conviction solely to determine if their federal constitutional rights were violated. Before filing a 2254 motion, the defendant must completely exhaust all available state-level remedies, including the Mississippi Supreme Court appellate processes.

Question 14

What is a 28 U.S.C. Section 2255 petition, and how does it differ from Section 2254?

Accepted Answer

While a Section 2254 petition challenges a state court conviction in federal court, a Section 2255 motion is used by individuals convicted in a federal district court (such as the Southern District of Mississippi) who are currently serving time in federal prison. A 2255 petition asks the original federal sentencing judge to vacate, set aside, or correct the sentence due to fundamental constitutional or jurisdictional errors.

Question 15

What is the difference between state and federal criminal charges in Mississippi?

Accepted Answer

State charges involve violations of the Mississippi criminal code and are prosecuted by local District Attorneys in county circuit courts. Federal charges involve violations of United States federal statutes or crimes committed across state lines or on federal property. Federal cases are investigated by agencies like the FBI or DEA and prosecuted by the U.S. Attorney's Office in federal district courts, such as the Southern District of Mississippi.

Question 16

What kinds of cases does Mississippi Youth Court handle?

Accepted Answer

Youth Court in Mississippi has exclusive original jurisdiction over matters involving minors under the age of 18. This includes delinquency cases (acts that would be crimes if committed by an adult), Children in Need of Supervision or CHINS (status offenses like truancy or running away), and dependency, abuse, or neglect proceedings.

Question 17

Can a juvenile in Mississippi be transferred and tried as an adult?

Accepted Answer

Yes. Under Mississippi Code § 43-21-157, a child who is 13 years or older can be transferred from Youth Court to adult circuit court. This transfer can occur for serious felony allegations (such as murder or armed robbery), or if the youth committed a felony involving a deadly weapon, in which case the circuit court may have original jurisdiction.

Question 18

Are Mississippi Youth Court records and hearings open to the public?

Accepted Answer

No. By law, Youth Court hearings in Mississippi are closed to the public and conducted without a jury to protect the confidentiality and privacy of the minor involved. Records are strictly confidential, and an attorney is required to help families navigate these closed-door proceedings.

Question 19

What is a CPS or child neglect case in Youth Court?

Accepted Answer

When the Mississippi Department of Child Protection Services (CPS) investigates allegations of child abuse or neglect, they can petition the Youth Court for intervention. These civil proceedings focus on the safety and best interests of the child, and parents have the right to legal representation to advocate for family reunification.

Question 20

Does Mississippi default to 50/50 child custody in divorce cases?

Accepted Answer

Mississippi courts evaluate child custody using the Albright factors, prioritizing the best interests of the child. While recent updates lean more heavily toward maximizing parenting time for both parents, there is no absolute automatic default to a strict 50/50 split. The court examines age, health, home stability, and parenting history.

Question 21

What qualifies as Ineffective Assistance of Counsel in post-conviction legal actions?

Accepted Answer

Under the constitutional Strickland standard, proving ineffective assistance requires showing that your trial lawyer's professional performance fell below an objective standard of reasonableness, and that this poor performance directly prejudiced the case, creating a reasonable probability that the trial outcome would have been different had competent representation been provided.

Question 22

Why do many criminal defense lawyers avoid taking federal cases?

Accepted Answer

Federal criminal defense requires distinct procedural knowledge, specific admission to federal bar districts, and extensive experience navigating the United States Sentencing Guidelines. Unlike state courts, federal law enforcement agencies spend months or years building highly technical cases before filing an indictment, resulting in high conviction rates that demand a specialized defense approach.

Question 23

What happens if you refuse a breathalyzer test in Mississippi?

Accepted Answer

Under Mississippi's Implied Consent law, operating a vehicle means you consent to chemical testing if an officer has probable cause. Refusing a breath test results in an automatic administrative suspension of your driver's license, typically for 90 days for a first offense, regardless of the ultimate court outcome of the DUI charge.

Question 24

How do the Federal Sentencing Guidelines work in a criminal case?

Accepted Answer

The Federal Sentencing Guidelines utilize a structured uniform point scale based on the offense level and the defendant's criminal history category. While the guidelines are advisory rather than mandatory, federal judges rely heavily on this mathematical framework to determine prison terms, making detailed guideline calculations a core component of federal defense advocacy.

Question 25

What should I do if a federal agent contacts me for an interview or investigation?

Accepted Answer

If contacted by federal investigators (such as the FBI, DEA, ATF, or IRS-CI), you should politely decline to answer substantive questions and state that you wish to consult an attorney. Statements made to federal agents can be used against you, and providing false information to a federal officer is an independent felony offense under 18 U.S.C. Section 1001.

Question 26

What is the difference between legal custody and physical custody in Mississippi family law?

Accepted Answer

Legal custody grants a parent the right to make significant long-term decisions regarding the child's education, health, and general welfare. Physical custody dictates where the child physically resides. Either type of custody can be awarded solely to one parent or shared jointly between both parents depending on the court's evaluation of the child's best interests.

Question 27

What should I do immediately if I discover there is an active warrant out for my arrest?

Accepted Answer

Contact an experienced criminal defense attorney immediately before making direct contact with law enforcement. An attorney can verify the details of the warrant, coordinate a voluntary and controlled surrender to protect your safety, and arrange an immediate bond or preliminary bail hearing to minimize time spent in detention.

Question 28

How long do you have to live in Mississippi before filing for divorce?

Accepted Answer

To satisfy the state's jurisdictional residency mandate, at least one spouse must be a continuous, bona fide resident of the state of Mississippi for a minimum of six full months immediately preceding the initial filing date of the divorce action.

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