Byron practices mainly in the Third Chancery District (DeSoto, Tate, Panola, Yalbousha, Grenada and Montgomery counties) handling divorce, child custody and support matters. He also has a growing criminal law practice within the Seventeenth Circuit (DeSoto, Tate, Panola, Tallahatchie and Yalabousha counties). He also routinely appears in Southaven and Olive Branch Municipal courts as well as Desoto County Justice Court
PRODUCTS & SERVICES
GROUNDS FOR DIVORCE:
In Mississippi a divorce can be granted either as an Irreconcilable Differences or under one of the fault grounds recognized by the state. In order to be granted a divorce under Irreconcilable Differences both parties have to agree on the divorce.
A divorce on Irreconcilable Differences must be on file for 60 days prior to being granted. During that 60 day period it is typical that the parties enter into an agreement on all issues. If such an agreement is not reached and if both parties agree a Judge can hear a trial on the division of marital assets and child custody.
The Fault grounds in Mississippi are:
habitual cruel and inhuman treatment
Habitual drug use
Insanity at time of marriage
Incest at time of marriage
Pregnancy of wife by another at the time of marriage
Sentenced to state penitentiary
In Mississippi the Court considers the best interest of the child to be the polestar consideration in deciding custody.
In order to decide what is in the Child's best interest the Judge will consider a number of factors which the Mississippi Supreme Court laid out in 1983 in the case of Albright v. Albright. These factors are:
Age of the child,
Sex of the child,
Health of the child,
Which parent had more continuity of care of the child prior to separation,
Which parent has the best parenting skills,
Which parent has the willingness and capacity to provide primary child care,
Employment of the parent and the responsibilities of that employment,
Physical health, mental health and age of the parents,
Emotional ties of parent and child,
Moral fitness of parents,
Home, school and community record of child,
Child’s preference to select custodial parent if 12 years or older,
Stability of the home environment and employment of each parent, and
Other factors relevant to the parent-child relationship.
The average person comes into contact with law enforcement by way of a traffic violation. That simple exposure can lead to some major problems. Here are a few things to keep in mind next time you are pulled over:
You must identify yourself. In Mississippi you will need to also have proof of insurance.
If you are asked if you know why you were pulled over your answer can be used in court as an admission of guilt. You will rarely talk your way out of a ticket by admitting guilt.
You do not have to consent to a search of your car. If you consent to a search you have waived your rights against illegal search and seizure. If the police have a reason to search they do not need to ask permission. The same is true of your home.
Do not admit to drinking ANY alcohol. In Mississippi telling the officer you have been drinking along with the officers testimony that you smelled like alcohol, had red eyes and slurred your speech is enough for a DUI conviction.
You do not have to take a field sobriety test - you will be threatened with arrest if you don't take it, but you will fail if you do take it, get arrested for DUI and those test results will be used against you at trial.
You do not have to take a Breathalyzer test. If you refuse the test your license will be suspended for 90 days on a 1st offense but there will not be any test results to be used at trial.
When it comes to a felony charge, hire the best criminal attorney you can afford.
Some things to keep in mind:
The police do not have to read you your Miranda rights UNTIL you are in a custodial environment.
The police CAN and most likely will lie to to you.
If you are a witness the police will likely come to you to ask questions to make you feel at ease. If you are a suspect you will be invited to come down to the police station to answer a few questions. This is to place you in an environment the police can control. You will probably not get to leave.
The coffee, cokes and snacks are not given to be polite - it is an interrogation tactic. When you need to go to the bathroom you will be told you cannot leave until after you talk to them - i.e. confess.
You have the right to be silent - use it
You have the right to have an attorney there - use it