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L. Grant Bennett

L. Grant Bennett’s Answers

7 total

  • Can i move out?

    i am about to be 16 in march. i live with my grandparents, they legally adopted me. real parents have no custody. i want to move out of their house without my grandparents having the right to keep me here. i want to move in with my 21 year old si...

    L. Grant’s Answer

    Miss. Code Ann. 93-19-3 and following statutes deal with how to petition the Chancery Court to remove disabilities of minority (emancipation) and who shall be made required parties to the Petition - in this case your adoptive grandparents will have to be named and served as defendants. You may consider petitioning the Chancery Court in the county you reside or where you may happen to own real property. When a child becomes fully emancipated they are asking the judge to grant them authority to do the same things as a person who has reached the Age of Majority which is 21 in the State of Mississippi. You will be effectively "on your own" if the court grants you full emancipation. However, the Court can impose limits on which disabilities of minority are removed, meaning you may be emancipated to do some things on your own, but not others - it is situational dependant and is according to the Chancellor's Order. This is one option to consider, but not the only one. You may also consider petitioning the Court to grant a change of custody to your sister, if sufficient grounds exist to warrant that being done. The court will have to hear sufficient evidence and do what is "in the best interest of the minor" which is not always simply what the minor desires,

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  • How do I go about Emancipation?

    Emancipation information

    L. Grant’s Answer

    Miss. Code Ann. 93-19-3 and following statutes deal with how to petition the Chancery Court to remove disabilities of minority and who shall be made required parties to the Petition. You will need to petition the Chancery Court in the county you reside or where you may happen to own real property. When a child becomes fully emancipated they are asking the judge to grant them authority to do the same things as a person who has reached the Age of Majority which is 21 in the State of Mississippi. You will be effectively "on your own" if the court grants you full emancipation. However, the Court can impose limits on which disabilities of minority are removed, meaning you may be emancipated to do some things on your own, but not others - it is situational dependant and is according to the Chancellor's Order.

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  • As we all know there are good police and bad ones, so why is it that what the police say in court in true and your a lair?

    I know that when some people see this post is from Mississippi they may say oh why bother? Some counties here are not so bad but some are crazy. In Forrest county mostly Hattiesburg, MS the police will pull you over for no reason and say something...

    L. Grant’s Answer

    The trier of facts in Mississippi is allowed to evaluate and weigh the credibility of witnesses and other admissible evidence presented to it. Most people are familiar with a jury as being the trier of facts in trials. However, some trials in Mississippi are conducted without a jury. In those cases tried without a jury, the judge acts as the sole trier of facts. Traffic violations in municipal court are handled this way and it appears that the judge found the credibility of the officer and other admissible evidence presented against you to outweigh the opposing evidence (most likely your testimony). Our justice system has allowed the trier of fact to judge the credibility of witnesses and other evidence for centuries, and unfortunately the decision did not go in your favor. A police officer is allowed to refresh his memory with the ticket.

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  • Is it possible to have charges thrown out for not receiving a speedy trial?

    almost two years ago i was charged with aggravated domestic assault. i served 5 days in jail before i bailed out and made an initial appearance in justice court. i have been told my case would be reviewed by the next grand jury but havent heard an...

    L. Grant’s Answer

    You generally are not to be prosecuted for an offense, with some exceptions, unless the prosecution is "commenced" within two years after the commission of the offense as provided for by Miss. Code Ann. 99-1-5. Aggravated assault is one of the exceptions and there is no applicable statute of limitations so the passage of time shall never bar prosecution against any person for the offense of aggravated assault. An arrest has been interpreted to mean that the prosecution has "commenced", or by the issuance of a warrant, or by binding the defendant over, or by indictment or affidavit. Under Mississippi Speedy Trial rights (MCA 99-17-1), you need to be tried within 270 days after you have been arraigned on an indictment, unless there is good cause for delay or a continuance was granted by the court. You also have a right to a speedy trial under the Sixth Amendment of the U.S. Constitution, which requires that trials be held within a certain time frame after a person has been charged with a crime. Both of these rights can be waived by asking for additional time for the preparation of your defense. There are many factors that come into play, both on a statutory and constitutional basis for a speedy trial defense. I would not advise pinning your hopes and dreams on a speedy trial issue that may be present in your case. Not many defenses are successful on this issue alone. I suggest a competent criminal defense attorney will need to review your case for each and every potential issue that will be of benefit to you, and advise you accordingly. However, based on the limited information you have provided, you are still subject to indictment and prosecution subject thereafter to speedy trial defense depending on delay after the indictment and if you waive any speedy trial rights by seeking a continuance or other factor to be considered by the court to get beyond the 270 day statutory speedy trial defense.

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  • Can i leave my home at 16 or what can i do to get emancipated

    im 16 and me and my mom are getting into alot of fights and i wish to leave but i dont noe what to do please help

    L. Grant’s Answer

    Obtaining emancipation at age 16 can be difficult. When a child becomes fully emancipated they are asking the judge to grant them authority to do the same things as a person who has reached the Age of Majority which is 21 in the State of Mississippi. You will be effectively "on your own" if the court grants you full emancipation. However, the Court can impose limits as to which disabilities of minority are removed, meaning you may be emancipated to do some things on your own, but not others - it is situational dependant and is according to the Chancellor's Order. Miss. Code Ann. 93-19-3 and following statutes deal with how to petition the Chancery Court to remove disabilities of minority and who shall be made requisite parties to the Petition. You will need to petition the Chancery Court in the county you reside or where you may happen to own real property.

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  • What is a lawsuit called where the children possibly sue their father and his paramour for the loss of their family?

    Dad abandoned 4 children for other woman, can they sue their father & mistress?

    L. Grant’s Answer

    Alienation of affections is still a viable cause of action in Mississippi for a spouse to pursue, not children. The tort of alienation of affections was recognized in Mississippi as early as 1926 in McRae v. Robinson, 145 Miss. 191, 110 So. 504 (1926). Several years ago, the Mississippi legislature sought to abolish this action, but the bill died in committee. In recent years, several verdicts have been rendered in favor of those filing a suit for alienation of affection and one large one upheld on appeal (see, Fitch v. Valentine awarding verdict for alienation of affection in amount of $756.500). The Mississippi Supreme Court held in part that "Alienation of affections is the only available avenue to provide redress for a spouse who has suffered loss and injury to his or her marital relationship against the third party who, through persuasion, enticement, or inducement, caused or contributed to the abandonment of the marriage and/or the loss of affections by active interference." In an alienation of affection lawsuit, fault is placed on the third-person involved in the affair, not the alleged cheating spouse. If the four children are minors, and the father is not helping to care for them financially, the mother could possibly seek a divorce (if mother an abadoning father are married) and request the Court order alimony and child support be paid by the father.

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  • I am letting a friend take over my car payments whats the best legal contract to us

    I need help on where to find a contract an will it hold up in court

    L. Grant’s Answer

    Watch out! It is important that you first review your financing agreement (Miss. Code Ann. 63-19-3 defines this agreement as a "Retail Installment Contract") to see whether or not the contract allows for an assignment of the obligor's (i.e. you) obligation for payments and other contracted for obligations under the agreement with the financing company. Once the question is determined if your obligation can be assigned to, and assumed by another, the contract will have a Notice provision that must be followed to give the financing company notice of the change and what must be done to accomplish substitution of a new obligor. You would need to obtain written authorization and acceptance from the financing company for a new obligor in place of you under the binding contractual terms. A review of your financing agreement and other documentation by an attorney here in Mississippi should provide you with the answers you are looking for.

    This response does not create an attorney-client relationship nor does the exchange of emails alone create an attorney-client relationship. This response is for general guidance and education and you should not rely on this information for legal advice.

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