A directory of 129 real questions our clients ask, from arrests and DUI to divorce and custody. Every question links to a full answer on this site.
When something goes wrong, most people do not start by calling a lawyer. They start by asking questions. What happens at the first court date. Whether a record can be cleared. How child support actually works. This page gathers those questions in one place, sorted by topic, so you can find yours fast.
Every question below links to a full page on this site, written and reviewed by the attorneys at Lowrey, Fortner, & Miri P.A. The one-line notes give you the short version. The full pages give you the statutes, the numbers, and the local court details behind each answer.
If your question is not listed here, that does not mean we have not heard it before. Call (601) 582-5015 and ask us directly.
Misdemeanors mean up to a year in county jail; felonies mean state prison exposure. Read the full answer →
There is no hard indictment deadline, but speedy trial rights still protect you. Read the full answer →
Politely decline and call a lawyer first. Friendly interviews are built to lock in admissions. Read the full answer →
Only with your consent, plain view, or probable cause. You can refuse. Read the full answer →
No. It can keep your statements out, but the case usually continues. Read the full answer →
First-time offenders can finish probation and see the charge dismissed with no conviction entered. Read the full answer →
It decides probable cause in secret; you and your lawyer do not appear. Read the full answer →
Often yes, through plea negotiation or a motion, especially early in the case. Read the full answer →
The state only needs a preponderance of the evidence, but you can fight back. Read the full answer →
Yes, though § 47-7-37 caps technical violations at 90, 120, then 180 days. Read the full answer →
Yes, serious offenses can move a child from youth court to adult court. Read the full answer →
Yes, everything except attorney calls, and the recordings can show up in court. Read the full answer →
It is 0.08 for adults, 0.04 for CDL drivers, and 0.02 under 21. Read the full answer →
A misdemeanor: $250 to $1,000 fine, up to 48 hours in jail, MASEP, and a 120-day suspension. Read the full answer →
Complete the conditions under § 63-11-30(14) and no conviction goes on your record. Read the full answer →
You can, but implied consent means a 90-day suspension, or a year with a prior. Read the full answer →
The officer takes it on the spot, and the suspension starts 30 days after notice. Read the full answer →
No. They are voluntary, subjective, and designed to build evidence against you. Read the full answer →
Yes. Keys in the ignition or a running engine can mean physical control. Read the full answer →
You have 10 days to ask a court to review a refusal suspension. Read the full answer →
120 days for a first offense, unless an interlock license keeps you driving. Read the full answer →
Within five years, yes: one to five years in prison under § 63-11-30(2)(c). Read the full answer →
One to five years for a third offense, two to ten for a fourth. Read the full answer →
Yes. Any DUI conviction disqualifies your CDL for one year, even off duty. Read the full answer →
Yes. Zero tolerance covers .02 up to .08 for drivers under 21. Read the full answer →
Bond must be set within 48 hours, and cash bonds post right away. Read the full answer →
Judges weigh the charge, your record, and community ties under Rule 8. Read the full answer →
Yes, a motion to reduce bond can follow changed circumstances or a too-high bond. Read the full answer →
Bail can be denied for capital charges when the proof is evident. Read the full answer →
You sign a promise to appear and go home without posting money. Read the full answer →
One means a new charge; the other means you missed court or payments. Read the full answer →
No. A warrant stays active until it is served or recalled. Read the full answer →
Often yes, with a motion showing good cause and a planned safe surrender. Read the full answer →
Your lawyer arranges the surrender, the timing, and the argument for release. Read the full answer →
It seals the record from public view under § 99-19-71. Read the full answer →
Dismissals and dropped charges qualify, plus first-offender misdemeanors and certain felonies. Read the full answer →
One eligible felony per lifetime, five years after your sentence is complete. Read the full answer →
No wait for many first-offense misdemeanors; five years for eligible felonies. Read the full answer →
The filing fee is $150; attorney fees depend on the case. Read the full answer →
Mostly. A nonpublic record survives for first-offender decisions in later cases. Read the full answer →
No. Firearm rights need a pardon, federal relief, or a certificate of rehabilitation. Read the full answer →
One stops a conviction at the plea stage; the other clears a closed case. Read the full answer →
A first misdemeanor DUI can qualify after five years under strict conditions. Read the full answer →
Yes, many youth court records can be sealed or expunged over time. Read the full answer →
Different prosecutors, different courts, and generally much harsher mandatory minimum sentences. Read the full answer →
A point system that produces the advisory sentencing range federal judges start from. Read the full answer →
No. Federal parole ended in 1987; expect to serve about 85 percent. Read the full answer →
It means prosecutors expect to indict you. Get counsel before speaking to anyone. Read the full answer →
Let them search, say nothing, and call a federal defense lawyer immediately. Read the full answer →
Yes. Separate sovereigns can each prosecute the very same conduct. Read the full answer →
Appeals attack trial record errors; PCR raises new facts and constitutional claims. Read the full answer →
30 days from the final judgment to file the notice of appeal. Read the full answer →
Generally three years, with limited exceptions, under § 99-39-5(2). Read the full answer →
Direct appeals are mostly barred, but PCR can challenge the plea itself. Read the full answer →
You must meet the two-part Strickland standard: deficient work plus real prejudice. Read the full answer →
Yes for most adults, but never for felons or prohibited persons. Read the full answer →
One to ten years in prison under § 97-37-5, plus fines. Read the full answer →
Sometimes, through a certificate of rehabilitation, a pardon, or federal relief. Read the full answer →
Five extra years for using a gun in a felony; ten for felons. Read the full answer →
You can be charged without holding the gun if control is alleged. Read the full answer →
Small marijuana amounts bring fines; other drugs can bring felony prison time. Read the full answer →
Personal use versus intent to sell, with far harsher penalties for distribution. Read the full answer →
Threshold amounts trigger 10 to 40 years with a 10-year mandatory minimum. Read the full answer →
Injury or fear is simple assault; weapons or serious injury make it aggravated. Read the full answer →
It can be, if the injuries are serious enough for aggravated assault. Read the full answer →
The $1,000 property value line separates a misdemeanor from a felony. Read the full answer →
A third conviction can be a felony carrying up to three years. Read the full answer →
Non-adjudication or diversion can keep a first offense off your record. Read the full answer →
Twelve fault grounds under § 93-5-1, plus irreconcilable differences by agreement. Read the full answer →
Mississippi's no-fault option when both spouses agree the marriage is over. Read the full answer →
The complaint must sit on file 60 days before the final decree. Read the full answer →
Usually yes. Most uncontested cases finish on paperwork alone. Read the full answer →
Yes, by proving a fault ground; Mississippi has no unilateral no-fault divorce. Read the full answer →
Through opportunity and inclination: records, messages, witnesses, and investigator testimony. Read the full answer →
Typically 6 to 18 months, depending on discovery and the trial calendar. Read the full answer →
Custody, support, the house, debts, and attorney fees can be set early. Read the full answer →
Repeat filings, abuse allegations, alienation claims, and constant hostility mark these cases. Read the full answer →
Yes, posts and messages come into evidence when authenticated and relevant. Read the full answer →
By the child's best interest, weighed through the Albright factors. Read the full answer →
Decision-making authority versus where the child actually lives day to day. Read the full answer →
An unanticipated change in the custodial home that adversely affects the child. Read the full answer →
At age 12, a child's preference can be considered, though not controlling. Read the full answer →
A court-appointed investigator who reports on the child's best interest. Read the full answer →
Read your custody order first; a move can trigger a modification fight. Read the full answer →
There is no mileage rule. Courts ask how the move affects the child. Read the full answer →
Courts recognize PCS orders, but you still need a workable visitation plan. Read the full answer →
Yes, by statute, through two separate paths under § 93-16-3. Read the full answer →
Guardianship can give grandparents custody when parents cannot care for the child. Read the full answer →
14 percent of adjusted gross income for one child, up to 26 for five. Read the full answer →
Generally until age 21, or earlier if the child is emancipated. Read the full answer →
Not by itself. Wage withholding usually needs a court order to end. Read the full answer →
Arrears survive emancipation and become judgments that can still be enforced. Read the full answer →
Yes. Civil contempt can jail a nonpaying ex until payment purges it. Read the full answer →
No. Support and visitation are separate orders; self-help invites your own contempt. Read the full answer →
Yes, a signed acknowledgment establishes paternity, but not custody or visitation rights. Read the full answer →
Without a court order, none that he can actually enforce. Read the full answer →
A 98 percent probability creates a rebuttable presumption of paternity. Read the full answer →
Yes, but limited to the one year before the case was filed. Read the full answer →
A path out for legal fathers who are not biological fathers, with strict rules. Read the full answer →
No. Alimony is discretionary, decided case by case under the Armstrong factors. Read the full answer →
Income, health, earning capacity, marriage length, fault, and more guide the award. Read the full answer →
Four kinds: periodic, lump-sum, rehabilitative, and reimbursement alimony. Read the full answer →
Yes, it is a factor, but not an automatic bar to alimony. Read the full answer →
Cohabitation creates a presumption of support that can end periodic alimony. Read the full answer →
Equitably, not automatically 50/50, using the Ferguson factors. Read the full answer →
Contributions, waste, asset values, and each spouse's separate estate shape the split. Read the full answer →
Marital portions are divided, often through a QDRO to avoid tax penalties. Read the full answer →
Yes, when signed voluntarily with full financial disclosure by both sides. Read the full answer →
Duress, fraud, or hidden finances can sink it; child issues never bind courts. Read the full answer →
Courts have enforced waivers made voluntarily with full disclosure and separate lawyers. Read the full answer →
An emergency ex parte order can issue the same day you file. Read the full answer →
A sworn petition showing immediate danger; later, abuse proven by a preponderance. Read the full answer →
A knowing violation is a misdemeanor with up to six months in jail. Read the full answer →
It is enforceable now, and your hearing comes within ten days. Read the full answer →
Yes. Federal law restricts firearms, and the order can set temporary custody. Read the full answer →
Not automatically. The State prosecutes, and it can continue without the accuser. Read the full answer →
In nearly all cases yes, under federal law, with no built-in end date. Read the full answer →
Six months in jail versus felony exposure when weapons or serious injury appear. Read the full answer →
Yes. The accusation alone can surface later in a custody case. Read the full answer →
A first simple DV misdemeanor may qualify; aggravated DV does not. Read the full answer →
The judge reads the charges, covers your rights, and sets bond. Read the full answer →
City misdemeanors, traffic, first-offense DUI, and felony first appearances. Read the full answer →
Felonies and civil suits go to circuit; divorce and estates go to chancery. Read the full answer →
Much of Hattiesburg and Oak Grove sits in unincorporated Lamar County. Read the full answer →
Expect a bench warrant and possible bond forfeiture. Act fast. Read the full answer →
Dress professionally. Judges and juries notice how you present yourself. Read the full answer →
Your formal circuit court appearance after indictment, where you enter a plea. Read the full answer →
No. Rule 5.1 requires a judge within 48 hours of arrest. Read the full answer →
You are released and the charge is dismissed, though not acquitted. Read the full answer →
Reading answers is a good start. Talking through your own facts is better. Call us and tell us what happened. We have served Hattiesburg and the Pine Belt since 1980, and we will give you a straight answer about where you stand.
Offices at 525 Corinne Street in Hattiesburg, minutes from the Forrest County courthouses.