Monthly Archives: June 2014

Mississippi’s Non-Adjudication Process for First-Time Criminal Offenses

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Most states have non-adjudication or diversion programs that allow first-time criminal offenders to go through a probationary-type process in order to prevent a criminal conviction. The individual may have to attend driving school, drug and substance abuse education, community service, among other programs or courses that relate to the crime the individual was charged with. Non-adjudication allows Mississippi residents to prevent a criminal charge from scarring their record, but all requirements must be followed in order to successfully complete the process.

Am I Eligible for Non-Adjudication in Mississippi?

You may be eligible for non-adjudication probation if you are a first-time offender, however, the following crimes in Mississippi are NOT eligible:

  • Crimes against a person (such as assault, battery, or rape, among others);
  • Embezzlement by a person in public office;
  • Possession of more than one kilogram of marijuana;
  • A driving under the influence (DUI) charge, except in cases where the accused is under the age of 21; and
  • Selling a controlled substance, except in cases where the substance in question is marijuana and the amount is very small.

If you have been charged with a crime not listed above, and you are not able to get the charge dismissed, your attorney can seek non-adjudication probation so that you can meet certain requirements to avoid a conviction on your record. However, you cannot have any prior non-adjudications of other crimes, and no prior felonies on your record. Mississippi’s non-adjudication process is a good way for first time offenders to have a second chance before imposing jail time and leaving the convicted with a blemished criminal record. Even though the non-adjudication process is a good alternative when dismissal of the crime you are charged with is not an option, you still must follow all of the court’s instructions as far as meeting with a probation officer (if applicable), attending required meetings, performing community services as directed, paying all fines, undergoing drug tests, among many other obligations the court may impose upon you.

If you believe non-adjudication may be an option for you or a loved one, you will need to consult with a skilled and seasoned Mississippi Criminal Defense Attorney who can take the steps necessary to achieve non-adjudication of your criminal charge. If you are not able to have your criminal charge set aside, and this results in a conviction on your record, you may have trouble getting the job you want or attending the college or university you want. If you defend yourself in court, you may not be aware that non-adjudication is an option for you. As such, speaking with an attorney now is the most important step you can take to seeking non-adjudication of your criminal charge.

Contact Turk Law Firm, PLLC Today to Schedule Your Free Consultation

If you or a loved one is facing criminal charges, the experience is undoubtedly frightening and stressful, especially for first-time offenders. Whether you have been charged with drug possession, driving under the influence (DUI) as a minor, or another non-violent first-time offense, you may be eligible for Mississippi’s non-adjudication program. Because there are fairly strict requirements and not all crimes can be a part of the program, it is essential that you speak with a Mississippi Criminal Defense Attorney right away. A qualified attorney will use all resources available to help you qualify for Mississippi’s non-adjudication program. Mississippi Criminal Defense Attorney Lindsey McGee Turk of Turk Law Firm, PLLC has the skill and dedication to provide you with excellent legal representation. To speak with Lindsey McGee Turk about your criminal charge(s), contact Turk Law Firm, PLLC today by calling (601) 214-1471 to schedule your free consultation.

When Your Last Will and Testament May be Found Invalid in Mississippi

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All states have their own laws regarding the validity of a will and what requirements must be met to ensure that a last will and testament will hold up in court if the document is ever contested. Because state law varies, it is important that you and your loved ones understand what is required under Mississippi law. Even the slightest mistake could mean that a judge will determine that your last will and testament is invalid, preventing your intentions from being carried on after your passing.

Even though many Mississippi residents draft and execute their own wills and can find valid boilerplate forms online, it is still important to speak with a Mississippi Wills & Trusts Attorney who can help you make clear what your wishes are. This will ensure that there is only one meaning that can be determined from your last will and testament. For example, if you name your brother as the administrator of your estate upon your passing, and you do not specify that this individual is your brother, if there is another family member (such as a son) with the exact same name, it may be difficult for a judge to determine which individual is supposed to be the administrator of your estate. This small mistake could be disastrous for your loved ones as they will have to fight over the meaning of your last will and testament in court.

Last Will and Testament – Requirements Under Mississippi Law

In order for your last will and testament to be valid under Mississippi law, the following requirements must be satisfied:

  • You, the testator, must sign the last will and testament, however, you may direct another individual to sign on your behalf if you are not able sign your name by yourself;
  •  You must have at least two witnesses attest to the validity of your will, acknowledging that you are in fact the person who executed the last will and testament;
  • By attesting to your will, the witnesses must sign the last will and testament when you are present;
  • The witnesses must be credible individuals, meaning that they are honest and are individuals that you would trust to validate or attest to your last will and testament; and
  • The witnesses cannot be individuals who will inherit from you upon your passing.

While Mississippi law only requires that the witnesses actually sign the last will and testament, it is a good idea to include a clause that states the witnesses have formally attested to the last will and testament, affirming its validity and that you are in fact the testator. Even if the above-listed requirements seem rather simple, you would be surprised at how minor mistakes have caused so much trouble. A seasoned Mississippi Wills & Trusts Attorney will thoroughly review and/or draft your last will and testament and provide suggestions for how you can clearly state your intentions so that a judge will not need to interpret what the true meaning of your last will and testament is if the document ever becomes disputed after your passing.

Contact Turk Law Firm, PLLC Today to Schedule Your Free Consultation

Your last will and testament is one of the most important documents you may ever write. When so much is at stake upon your passing, you want to feel rest assured in knowing that your assets and other property will be distributed in accordance with your wishes. It is not uncommon for wills to be found invalid if they do not comply with Mississippi law. As such, to ensure that your last will and testament will be found valid in a court of law, it is important that you work with a skilled Mississippi Wills & Trusts Attorney who helps individuals just like you on a regular basis. The sooner you are able to have an attorney review or draft your last will and testament, the sooner you can have peace of mind in knowing that you have taken a very important step in your life that will protect your wishes and interests after your passing. At Turk Law Firm, PLLC, Mississippi Wills & Trusts Attorney Lindsey McGee Turk has helped numerous Mississippians draft wills, ensuring they comply with Mississippi law. To schedule your free consultation with Lindsey McGee Turk, contact Turk Law Firm, PLLC today by calling (601) 214-1471.

Grounds for Modifying Custody Orders in Mississippi

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Children who have lived in a stable environment are often negatively affected when their parents split up, whether they are married or not. If both parents have been present for a child’s entire life, that child may have a very difficult time when one parent no longer lives in the child’s home. Custody matters can become very heated when parents are fighting over who should have physical custody of their child. Many children suffer emotionally when they are no longer able to see both parents on a regular basis.

When determining which parent is to have primary physical custody, a family court judge will consider a number of factors such as each parent’s income, where the child goes to school, and how close the child is with each parent, among other factors. If the child is old enough, he or she may have a choice of which parent to live with. If the child is too young, a family court judge will make the decision that is in the best interests of the child. The goal of any custody order is to make the custody arrangements final and maintain a steady environment for the child. However, if there is a lawful need to modify the custody order, a family court judge may do so if he or she believes such modification is in the best interests of the child.

Filing a Petition to Modify an Existing Custody Order

If you are a parent wishing to modify a custody order, you will need to file a petition with the family court. It is not always easy to modify a custody order, but a judge may do so in situations where there has been a significant change of circumstances including, but not limited to, the following:

  • One parent has a substance or drug abuse problem that creates a dangerous environment for the child;
  • One parent and/or that parent’s spouse or significant other is physically abusive to either or both the parent and the child;
  • The parent with primary physical custody no longer has the financial ability to meet the daily needs of the child;
  • The parent with primary physical custody becomes ill or disabled, and is no longer able to physically care for the child;
  • One parent moves to another state; and
  • The parent with primary physical custody is preventing the other parent from visiting the child.

The process for modifying an existing child custody order is complex and numerous factors are considered to ensure the child’s environment remains as stable as possible. It is essential to have qualified legal representation to demonstrate to the family court judge that there is a legitimate need to modify a child custody order that will further the best interests of the child.

Contact Turk Law Firm, PLLC Today to Schedule Your Free Consultation

There are certainly situations where it may be necessary to modify a custody order. However, before a custody order can be changed, you should speak with a Mississippi Family Law Attorney who can help you through the process of seeking the modification of a custody order. Before a custody order can be modified, you must prove that there are valid grounds under Mississippi law for having the custody order modified. Mississippi Family Law Attorney Lindsey McGee Turk of Turk Law Firm, PLLC devotes a portion of her law practice to helping parents and children address difficult domestic matters and learn to overcome them. Lindsey McGee Turk is always working to meet the needs and interests of all of her clients. If you are a parent or guardian and you believe there are grounds for having a child custody order modified, contact Turk Law Firm, PLLC today to schedule your free consultation by calling (601) 214-1471.

Will Mississippi Legalize Marijuana for Medical Use?

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As of today, there are currently twenty-two (22) states in addition to the District of Columbia that allow for the use of medical marijuana. Two states, Colorado and Washington, have legalized the use of marijuana for recreational purposes. While it does not appear that many states will follow suit in the near future as far as the legalization of the use of marijuana for recreational purposes, it is quite possible that Mississippi and other states may lean towards legalizing marijuana for widespread medical use. Currently, Mississippi does have a law that allows for the very limited use of high-CBD, low-THC cannabis extracts that are often used to treat debilitating seizure disorders. While this certainly is a move in the right direction for those in support of the legalization of medical marijuana, this is a small part of a much larger push to reach a wide range of patients.

Ole Miss Currently Grows Medical Marijuana

What many Mississippians do not know is that Ole Miss has been producing federally legal medical marijuana since 1968. However, the school has not been allowed to use most of what is produced for its own clinical research programs. It takes a number of steps in order to receive approval to conduct necessary testing that is the precursor for the legalization of medical marijuana on a broader scale. Given that the process for legalizing marijuana, both at the medical level and at the recreational level, will take a substantial amount of time, Mississippians should not expect our legislature to pass a bill that affirmatively legalizes marijuana for any particular use except the high-CBD, low-THC cannabis extracts that are used to treat debilitating seizure disorders.

The Decriminalization of Marijuana in Mississippi

While Mississippi is one of our country’s more conservative states, the legislature has decriminalized small amounts of marijuana such that possession of less than thirty (30) grams will not result in jail time as a first offense. However, Mississippi law enforcement officials are still fighting drug crimes and taking marijuana possession as seriously as it always has. In fact, many states are cracking down on marijuana possession even more now that Colorado and Washington have legalized marijuana for recreational use, as individuals may be more likely to transport marijuana from those states to other states where marijuana is not legal for either medicinal or recreational use.

The younger generation has a much more liberal view on marijuana than our older generations, and this has certainly influenced many states to change their laws. Mississippi is a state where there certainly could be a time when marijuana becomes legal for medical use beyond the very limited use discussed above. Until the time has come, you and your loved ones need to be very alert of the current marijuana laws and take all steps possible to prevent being charged with marijuana possession in Mississippi.

Contact Turk Law Firm, PLLC Today to Schedule Your Free Consultation

If you or a loved one has been charged with marijuana possession in Mississippi, you could be facing jail time and hefty fines based on the amount of marijuana in question. Even though marijuana has become much more acceptable across the United States, Mississippi law still enforces its marijuana laws in the same way. As long as the law remains the same, you or your loved one could face criminal charges that leave you with a blemished criminal record. To ensure you are fighting your or your loved one’s marijuana possession charge to the fullest extent possible, it is imperative that you speak with a skilled Mississippi Marijuana Possession Defense Attorney right away. At Turk Law Firm, PLLC, Lindsey McGee Turk has the dedication and experience to provide you with the best legal representation possible. To schedule your free consultation with Lindsey McGee Turk, contact Turk Law Firm, PLLC today by calling (601) 214-1471.

What You Should Know About Mississippi Open Container Laws

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A majority of the United States implements and enforces open container laws that prohibit the possession of an open container of alcohol in public and/or in a motor vehicle. More often than not, an individual walking down the street with an open container of beer or other form of alcohol will not be arrested and charged with having an open container. However, when the open container is related to a motor vehicle in some way, such as a passenger holding an open container of alcohol while another person is driving, it is quite possible that you may be facing other alcohol-related charges, such as driving under the influence (DUI) if you are ultimately pulled over and undergo a Breathalyzer test.

How an Open Container Can Lead to a DUI Charge

Even though the state of Mississippi does not have a specific open container law that prohibits an individual from having an open container of alcohol in a motor vehicle, it is still possible to be charged with driving under the influence (DUI). This is possible because police officers may pull you over if they have probable cause to believe you have been drinking and driving.

While Mississippi law does not specifically prohibit the consumption of alcohol while operating a motor vehicle, if the blood-alcohol content (BAC) of the driver is .08 or greater, you may be convicted of driving under the influence (DUI). If you are driving a motor vehicle, and a police office is able to clearly see that a passenger has an open container of alcohol (i.e., a bottle of beer or wine clearly seen through the passenger window), then the police officer may have probable cause to believe you, as the driver, have been drinking and driving.

A Breathalyzer test or a blood test will ultimately determine whether or not your BAC level is above the legal limit, however, regardless of what your BAC level is, being pulled over by a police officer is preventable if the police officer has no probable cause to believe you are driving under the influence. No probable cause will exist if the police officer does not visibly see an open container in your vehicle.

The bottom line is that Mississippi is a little more lax when it comes to open containers of alcohol in public and/or in a vehicle. However, even with lax laws, there is still a chance that you may be pulled over and ultimately charged with a DUI or some other alcohol-related charge if you or a passenger has an open container present in your vehicle.

To help prevent a DUI charge, you should take all steps possible to eliminate any reason why a police officer may pull you over – especially in cases where a passenger may be in possession of an open container of alcohol. Whether you have been charged with a DUI or other alcohol-related charge, the sooner you are able to discuss your case with an attorney, the sooner you will be able to fight your criminal charge and put it behind you.

Contact Turk Law Firm, PLLC Today to Schedule Your Free Consultation

While the state of Mississippi does not have a specific open container law that prohibits having an open container of alcohol in public and/or in a vehicle, it is still important to be aware that anytime alcohol is involved in a motor vehicle, you could be facing other potential alcohol-related criminal charges. As such, if you have been charged with a DUI or other criminal charge, it is essential that you speak with a skilled Mississippi DUI and Criminal Defense Attorney right away. Lindsey McGee Turk of Turk Law Firm, PLLC takes pride in helping accused individuals fight a wide variety of criminal charges, especially when it comes to DUIs and other alcohol-related charges. To speak with Lindsey McGee Turk about the criminal charges you are facing, contact Turk Law Firm, PLLC today by calling (601) 214-1471 to schedule your free consultation.

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Mississippi Oil & Gas Royalties – Why You Need an Attorney

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Most oil and gas leases contain provisions regarding the distribution of royalty payments to the owner of the land being mined. If you have ever had royalty interests outlined in an oil and gas lease agreement, you know all too well how important it is to protect your rights and ensure you are receiving what you are entitled to in accordance with a valid oil and gas lease under Mississippi law. While many individuals and businesses involved in the Mississippi oil and gas industry work with attorneys to negotiate leases and ensure they are valid and represent the true interests of all parties involved, many do not, and this may lead to a host of problems, as described below.

Potential Problems Associated with Oil & Gas Royalties

Without the help of a highly experienced Mississippi Oil & Gas Attorney, problems involving the payment of oil and gas royalties include, but certainly are not limited to, the following:

  • Underpayment of agreed-upon royalties – This may occur when the market value of the oil and/or gas at issue may be improperly measured, deflating the true value of your royalty interests;
  • Manipulation of the agreed-upon contract – If you do not have an attorney standing by when you sign a contract regarding your oil and gas royalties, you may not notice if the other party or parties involved have manipulated the contract in some way, whether this is changing the percentage or value of the royalty interest, or removing a royalty provision entirely;
  • Failure to produce oil and/or gas in accordance with the lease agreement – By having oil and gas royalties, you rightfully expect that if any oil and/or gas is extractable, and can be produced, then you will receive royalty payments in accordance with the production of the oil and/or gas at issue; and
  • Failure to drill and/or explore within a certain time period – Oftentimes, there are deadlines for which drilling and production of oil and/or gas must be complete. If such deadlines are not met, this could mean you are not receiving your complete royalty payments in accordance with the oil and gas lease.

Regardless of what problems you may currently be experiencing, or may experience in the future regarding oil and gas royalty payments in Mississippi, it doesn’t hurt to speak with a seasoned Mississippi Oil & Gas Attorney who can thoroughly investigate your potential case to determine if another party or parties have breached an oil and lease agreement, preventing you from receiving the royalty payments you deserve.

Contact Turk Law Firm, PLLC Today to Schedule Your Free Consultation

Given that Mississippi plays a large role in America’s oil and gas industry, it is no surprise that businesses and individuals within the industry will disagree from time to time on a wide variety of issues. Because disputes regarding oil and gas royalties are fairly common, it is important that businesses and individuals seeking to lease property do so with the assistance of a qualified Mississippi Oil & Gas Attorney. If you believe you have not received the royalty payments you are entitled to, or have a dispute regarding your oil and gas lease provisions, you should speak with an attorney right away. At Turk Law Firm, PLLC, Lindsey McGee Turk helps clients in the oil and gas industry resolve disputes on a regular basis. While she certainly advocates for her clients, Lindsey McGee Turk believes amicable negotiation to meet the needs and interests of all parties involved is the first step to resolving your oil and gas dispute. To schedule your free consultation with Mississippi Oil & Gas Attorney Lindsey McGee Turk, contact Turk Law Firm, PLLC today by calling (601) 214-1471 to schedule your free consultation.

Avoiding Probate in Mississippi

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Losing a loved one is not only an emotional and saddening experience, but can also be a stressful situation when dealing with probate matters. Probating a will to determine how a loved one’s property should be distributed can be time-consuming and costly, as there are court fees. A way in which you can avoid probate upon a loved one’s passing is to create a living trust. A living trust is somewhat like a last will. Your assets are placed in trust for the benefit of those listed as beneficiaries of your living trust. A trustee manages your living trust to ensure all assets are distributed fairly according to your intended distribution. Many people are not aware of this option for estate planning, and if utilized, it can relieve your loved ones of unnecessary stress during a difficult time.

The Importance of Having a Living Trust

Once a loved one passes on, there is no way to go back in time to ensure your loved one documented his or her intentions in a written will and testament or in a living trust. Preparing now by creating a living trust will reflect your intentions as to how your property and assets are to be distributed. If the living trust is clear and not ambiguous in any way, then it will be very easy for the trustee to distribute the property to the beneficiaries.

Having a living trust significantly decreases the risk that a lawsuit may arise regarding the distribution of your property. A living trust is a better option for some individuals, because even though a last will and testament states your clear intent as to how your property is to be distributed to your loved ones, a living trust created while you are still alive prevents any questions as to what your intent is. Probating a will has caused family members to part ways if they fight over what the last will and testament means.

How a Mississippi Wills, Trusts & Estates Attorney Can Help You

Whether your loved one has passed away with or without a last will and testament, and you need assistance with the probate process, or if you are considering the creation of a living trust, a qualified Mississippi Wills, Trusts & Estates Attorney can guide you through the process and ensure that your living trust is valid under Mississippi law. Many individuals handle estate matters without the assistance of an attorney. While it is not required that an attorney assist you in the estate planning process, it is important that the process is done correctly. While there are other ways to avoid probate, a living trust is an easy way to plan for the distribution of your property now to make the process as seamless as possible once the time comes.

Contact Turk Law Firm, PLLC Today to Schedule Your Free Consultation

If you have recently lost a loved one who died without a living trust, you may be involved with probate proceedings to determine how your loved one’s property is to be distributed. Having a qualified Mississippi Wills & Trusts Attorney help you through probate will make the process much less stressful, and can also help you avoid probate for your own estate by planning now for the future. If you have dealt with probate matters before, you already understand how much is at stake and how a living trust could prevent many of the problems the probate process carries with it. Lindsey McGee Turk of Turk Law Firm, PLLC helps families with a variety of estate planning needs on a regular basis, and has the skill you need in a qualified and dedicated attorney. To speak with Lindsey McGee Turk about your estate or probate matter, contact Turk Law Firm, PLLC today by calling (601) 214-1471 to schedule your free consultation.

Mississippi Businesses – Considering a Non-Compete Agreement for Your Employees

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The Mississippi business sector is highly competitive these days, and some markets have become smaller than they used to be, especially with the job cuts that have plagued many Mississippians over the past decade. Because industries are more specialized now, business owners are utilizing non-compete agreements much more now than they used to. Non-compete agreements protect your business’s proprietary information and trade secrets. Your company’s unique assets contribute to the equity of your company, and if those assets are shared or disseminated to others in some way, competitors may replicate your product, or seek to improve it, using your design or methodology as a footprint. Whatever industry your business focuses on (i.e., legal services, oil and gas, investments and trading, among others), fair competition is essential to the success of the industry as a whole.

What Does a Non-Compete Agreement Do?

For employees or executives with specialized knowledge or skill, employers may request that this individual sign a non-compete agreement, which limits the individual’s ability to immediately begin working for another similar company in a similar position and in the same geographical area. If a former employee is able to work for a competitor, he or she may be taking confidential and proprietary information that could threaten the company’s success. As such, non-compete agreements can be a good tool to protect your company’s goodwill and intellectual property. However, some employers have very strict non-competition clauses that are so broad that the individual may have trouble obtaining a job that even fits within his or her general career field.

When non-compete provisions are too restrictive, a Mississippi court may find those provisions to be unconscionable. A former employee must be allowed to work in the same career field in order to make a living and advance his or her career interests. It is not uncommon for employees to sign non-compete agreements that essentially sign away their right to work anywhere else remotely related to the same industry, and their right to work in the same geographical area. Even though there is supposed to be room for negotiation when parties enter into contracts, employees often feel they have no choice but to sign a non-compete agreement, no matter what the provisions are, because they want the job. If an employee refuses to sign a non-compete agreement, he or she may not land the desired job, and someone else willing to sign the non-compete agreement will get the job.

How a Business Law Attorney Can Help You

Individuals and businesses enter into agreements on a daily basis, both by words alone, often called “handshake” deals, and by written contract. While oral contracts may be held valid in a court of law, having a written contract is considered the most valid evidence of an agreement. Non-compete agreements are no different than any other contract that identifies the rights and obligations of two or more parties in furtherance of the agreement. Written contracts drafted by employers may or may not be held valid in a court of law given that a Mississippi Business Law Attorney has not reviewed the document to ensure it conforms with Mississippi law. If you are an employer and you are considering having your employees sign non-compete agreements, it is important to consult with an attorney who can help you draft an agreement that is fair and reasonable to both the employer and the employee. This will prevent many issues from arising in court if the non-compete agreement is ever the subject of a lawsuit.

Contact Turk Law Firm, PLLC Today to Schedule Your Free Consultation

Having well-written and valid contracts to protect your business and your employees is absolutely essential to the success of a business and it certainly streamlines the management of the company. Non-compete agreements provide a way to protect your business after an employee leaves so long as they are fair and reasonable under Mississippi law. At Turk Law Firm, PLLC, Lindsey McGee Turk uses her prior business experience to help her clients formulate fool-proof contracts to protect all parties involved in any particular transaction. Lindsey McGee Turk can provide your business with the legal assistance you need and deserve in Mississippi. To schedule a free consultation with Jackson, Mississippi Business Law Attorney Lindsey McGee Turk, contact Turk Law Firm, PLLC today by calling (601) 214-1471.