Maggio Law Firm, PC Maggio Law Firm, PC 2026-10-07T18:53:47Z https://www.sjmaggio.com/feed/atom/ WordPress /wp-content/uploads/sites/1500854/2020/04/cropped-favicon-min-1-32x32.png On Behalf of The Maggio Law Firm, PC <![CDATA[Was there reasonable suspicion for your DUI stop?]]> https://www.sjmaggio.com/?p=48259 2026-10-05T13:56:54Z 2026-10-05T13:56:54Z One key component of a DUI stop is that a police officer needs to have reasonable suspicion in order to stop the vehicle. There needs to be a valid reason for that initial traffic stop. In other words, police officers are prohibited from randomly stopping vehicles with the express purpose of looking for someone who seems to be impaired. This is why police officers do not just wait outside of a bar, for example. Even though they know that people coming from the bar may have been drinking, they need to have reasonable suspicion before they can stop that vehicle.

What are some examples?

There are many different examples of things that could constitute reasonable suspicion, often revolving around driving mistakes that are more common with impaired drivers. Examples include:
  • Driving at night with the headlights off
  • Swerving back and forth within the traffic lane
  • Driving the wrong way down an interstate or one-way street
  • Straddling the centerline
  • Slowly reacting to traffic signals, such as green lights or red lights
  • Having a near miss or almost being involved in a traffic accident
  • Making unsure or unsteady maneuvers, such as an unnecessarily wide turn
  • Excessively speeding or driving well below the posted speed limit
Once an officer sees these types of mistakes, they can then institute the traffic stop. This may lead to more evidence of impaired driving, such as when the officer asks the driver to perform field sobriety tests or take a breath test. But if there was no reasonable suspicion, then the stop itself may have been illegal. This is an important detail to consider when facing charges and looking into all of your legal defense options.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[Can a new work schedule justify changing child custody?]]> https://www.sjmaggio.com/?p=48257 2026-09-29T13:40:31Z 2026-09-29T13:40:31Z When can a work change matter? To modify custody, a parent generally must show a major shift in the family’s circumstances that results in an adverse impact on the child and that a modification is in the child's best interest. The court must also find that changing custody serves the child’s best interests. Courts look at the family’s situation as a whole rather than one fact alone. Because of this standard, taking a night-shift job may not be enough by itself. The same may apply when a parent starts traveling for work or accepts offshore employment. Instead, the key question is what the schedule means for the child. For example, problems may arise if the schedule regularly leaves the child without proper care. A court may also consider whether the child starts missing school, loses a stable routine or spends much less time with the parent who has custody.

How can the schedule affect custody?

If a work change harms the child, the court can consider several factors before changing custody. Mississippi courts use the Albright factors to examine the child’s best interests after the required adverse material change has been shown. These factors include each parent’s employment and job duties. They also consider the parents’ ability to provide care and the stability of their homes and employment. Therefore, the details matter. A parent who works nights but has reliable child care may present a different situation from a parent who repeatedly leaves a child with different caregivers. Likewise, frequent offshore rotations could matter more if they make the current custody schedule difficult to follow. Mississippi’s child custody law also addresses custody arrangements and their modification.

How can parents handle the change?

Parents should first consider whether smaller schedule changes can protect the child’s routine. Adjusting exchanges or parenting time may solve some problems without changing primary custody. Still, work arrangements can create complicated custody questions. A family law attorney can review the existing order and explain whether the new schedule may support a modification. Legal guidance can also help parents focus on the child’s needs rather than the job change alone.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[2 job changes that can increase divorce odds]]> https://www.sjmaggio.com/?p=48255 2026-09-21T16:32:38Z 2026-09-21T16:32:38Z Job changes can have a dramatic impact on someone’s relationship. A person’s employment plays a big role in their life, and any sudden changes can have a ripple effect in other areas. For example, some studies have found that a person’s odds of divorcing increase if they lose their job. Stability in employment equals stability in marriage, these studies suggest. In one case, there was a 54% increase in divorce odds if a plant closed, meaning that there were layoffs affecting numerous workers. If an employee was dismissed from their position specifically, the risk was even higher, at 74%. In both cases, job loss can lead to financial strain and other issues that may, in turn, lead to divorce.

A long commute

Another issue to consider is if one person takes a job that has a long commute. According to one study, a couple’s divorce odds go up by 40% if that commute exceeds 45 minutes. The couple spends a significant amount of time apart, and this affects their relationship. One thing to note is that divorce odds change most dramatically when this is a new development. If someone used to have a short commute and then takes a job with a long commute, the divorce odds go up. But couples who had been living with a long commute for years did not see the same divorce odds, as they had already adjusted to it. This helps to show how changes to your employment situation could be red flags for divorce. If your marriage does end, be sure you know what legal options you have.  ]]> On Behalf of The Maggio Law Firm, PC <![CDATA[What are the main field sobriety tests?]]> https://www.sjmaggio.com/?p=48254 2026-10-07T18:49:52Z 2026-09-03T18:12:29Z There are three main field sobriety tests that police may use during a drunk driving stop. These are the one-leg stand, the walk-and-turn and the horizontal gaze nystagmus test. They all have a different focus. The HGN test looks at eye movement and a person’s ability to track objects within their vision. The walk-and-turn test helps to gauge their ability to perform simple tasks and follow instructions. The one-leg stand, of course, just measures a person’s ability to maintain their balance. In many cases, police officers may ask a person to perform all three tests.

These tests are not 100% reliable

One important thing to note about these tests is that they are not 100% reliable. False arrests can and do happen. For instance, one study looked at traffic stops involving 297 different drivers. Researchers determined that the field sobriety tests produced 24 false positives. Even though most of the arrests were correct, this means that 24 people did face a wrongful arrest. When looking at the HGN test in particular, 81 of the drivers showed four HGN cues, even though it later turned out that they were actually below the BAC threshold of 0.08%. In other words, 37% of the drivers who triggered the HGN test did not actually violate the legal limit. This does not mean that these tests are worthless, but it does mean that they should be taken with a grain of salt. They do not guarantee a conviction, and they are not always accurate. Those who are facing DUI charges need to know exactly what defense options they have.  ]]> On Behalf of The Maggio Law Firm, PC <![CDATA[Can a cup of coffee help you avoid a DUI?]]> https://www.sjmaggio.com/?p=48253 2026-08-22T18:42:25Z 2026-08-22T18:42:25Z common myth that can sometimes get people in legal trouble because they believe that the coffee has reduced their blood alcohol concentration (BAC). In reality, they could still be over the legal limit if they get pulled over by the police. There is a basis for this myth, which is that caffeine can help to wake you up. Many people who have been drinking alcohol, especially if they consume a significant amount, are feeling fatigued. The jolt of caffeine can make them feel awake and more aware of their surroundings, so they think that it has sobered them up. In reality, their BAC is at relatively the same level that it was before they drank a cup of coffee, so this would not prevent a DUI charge.

How do you actually reduce your BAC?

Coffee cannot reduce your BAC, and neither can drinking water, eating a meal, taking a cold shower or any of these other common myths. The only thing that really works is time. Your body metabolizes the alcohol you have consumed, and your BAC drops naturally. This does take more time than many people realize. While there can be some differences from one individual to the next, the typical rate of decline is 0.015% per hour. If someone was trying to go from 0.06% all the way back down to zero, for instance, it would take four hours.

What are your legal options?

If you find yourself facing a DUI charge, you could lose your driver’s license and face financial fines, jail time and other such ramifications. It can help to work with an experienced attorney to explore all of your legal defense options.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[Divorce rates spike when kids go back to school]]> https://www.sjmaggio.com/?p=48252 2026-08-11T02:40:14Z 2026-08-11T02:40:14Z Over the course of the year, there are often certain spikes in divorce filings. While divorce does happen every month, all year round, some months see a significant rise in the number of divorce cases that begin. One such spike happens in the late summer. Divorce may be more likely near the end of August or the beginning of September. This coincides with the time when many children return to school for the year.

Time to address the divorce

On one hand, this is just an organic time for parents to begin talking about divorce. They may have been thinking about it over the summer, but it can be hard to carve out the appropriate time with the responsibilities of parenting children who are home all day. After those children go back to school, the parents have more time when they can have adult conversations without distraction.

The summer is the last straw

Some reports also speculate that many parents find themselves moving toward divorce because of the increased family time over summer vacation. Parents who experience a lot of conflict may have more time apart when the kids are in school and they are at work, but a conflict-ridden summer makes them realize that divorce is the only option. Additionally, people often want to avoid the holidays, such as Thanksgiving and Christmas. Therefore, filing for divorce in August or September is a proactive way to get ahead of it and avoid filing in November or December.

Moving through the divorce process

Do you believe that you and your spouse are getting closer to a divorce this year? Take the time to carefully consider all of the legal options you have.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[How is a mortgage divided during a Mississippi divorce?]]> https://www.sjmaggio.com/?p=48248 2026-07-09T13:56:48Z 2026-07-27T13:54:21Z Common ways to divide the marital home Mississippi follows the principle of equitable distribution. This means the court divides marital property fairly based on the facts of the case, although the result is not always an equal division. Depending on the circumstances, the court or the spouses may choose one of these approaches for the family home:
  • Allow one spouse to keep the home by refinancing the mortgage into their own name if they qualify.
  • Sell the home and use the proceeds to pay off the mortgage before dividing any remaining equity or debt.
  • Allow both spouses to remain on the mortgage temporarily when refinancing is not available or the spouses delay selling the home.
  • Delay the sale of the home until an agreed-upon event, such as a child finishing school.
The outcome will depend on the property, the spouses' financial circumstances and any agreement they reach during the divorce.

The deed and the mortgage are not the same

The deed shows who owns the home. The mortgage identifies who is responsible for repaying the loan. During a divorce, ownership of the home may change without changing the mortgage. That distinction can affect both spouses because the lender is not bound by the terms of the divorce decree. If both names remain on the mortgage, both borrowers can remain responsible for the loan.

What happens if both names stay on the mortgage?

If both spouses remain on the mortgage after the divorce, late or missed payments may affect both credit histories, even if only one spouse lives in the home. Keeping both names on the mortgage may also limit one spouse's ability to qualify for another home loan. For that reason, property settlements frequently address whether one spouse will refinance the mortgage, the spouses will sell the home or they will choose another arrangement. The outcome will depend on the terms of the property division and the circumstances of the divorce.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[What does it mean that marijuana has been decriminalized?]]> https://www.sjmaggio.com/?p=48250 2026-07-24T11:42:31Z 2026-07-24T11:42:31Z In Mississippi, there is a medical marijuana program. People who have a qualifying condition can get a medical marijuana card from a doctor, and they are then allowed to use marijuana products in this fashion. It is viewed similarly to other types of controlled substances, such as painkillers, which can be authorized by a doctor. That being said, Mississippi has not yet legalized the use of recreational marijuana. Instead, the state has simply decriminalized marijuana possession. How exactly does this affect a person's options when facing certain charges?

A civil offense

The biggest change is that a first offense for possession of marijuana is generally a civil offense, rather than a criminal offense. There is an upper limit of 30 grams, so having more than that could trigger criminal penalties. But as long as it is at or under this level, the person can avoid arrest and jail time if they appear in court and pay a $250 fine. This does not mean that recreational possession is fully legal, as it would be in a state like Colorado. But it does mean that it is not addressed as strictly as it is in other states, where incarceration and other criminal penalties apply. However, it is important to note that marijuana paraphernalia can still trigger criminal charges. This is considered a loophole in the marijuana possession laws. If a person is found with paraphernalia along with marijuana products, they may still be arrested on criminal charges.

What are your defense options?

Marijuana laws can be complicated in Mississippi and across the United States, especially because they have been changing in recent years. If you find yourself facing drug charges, you need to know what legal defense options you have.  ]]> On Behalf of The Maggio Law Firm, PC <![CDATA[Can grandparents seek visitation rights in Mississippi?]]> https://www.sjmaggio.com/?p=48249 2026-07-22T12:21:28Z 2026-07-22T12:21:28Z When grandparents may ask for visitation Grandparents may seek visitation if a parent has died or parental rights ended. They also may seek it if the parents are divorced, separated or were never married. First, the court checks if the grandparent meets the legal rules under Mississippi Code Annotated Section 93-16-3. If they qualify, the court decides if visitation is in the best interest of the child.

How courts decide these cases

Even if a grandparent qualifies to petition for visitation, the court will not automatically grant it. Instead, the judge looks at whether visitation would serve the child's best interests. The court may consider factors such as:
  • The existing relationship between the grandparent and the child
  • Whether regular contact would benefit the child's emotional well-being
  • The reasons the parents have limited or denied visitation
  • Whether visitation would interfere with the parent-child relationship
Mississippi courts also recognize that parents generally have the right to make decisions about their children's upbringing. Under Mississippi Code Annotated Section 93-16-3 and established case law, grandparents seeking visitation must present evidence demonstrating statutory standing and that visitation serves the child's best interests. These standards help courts balance parental rights with the child's needs.

Why each family situation is different

No two families are alike. The outcome depends on the child’s relationship with the grandparent, the parents’ concerns, and the evidence presented to the court.. Knowing how Mississippi courts approach these decisions can help families better understand what to expect.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[4 types of child custody]]> https://www.sjmaggio.com/?p=48247 2026-07-02T07:43:51Z 2026-07-02T07:43:51Z It is important to understand the basics of child custody if you are a parent going through a divorce. Child custody rights refer to a parent’s legal right to care for their child and make decisions on their behalf. There are a few basic terms to know about when learning about child custody. Here is what you should know:

1. Sole legal custody

Legal custody refers to a parent’s right to decide what is in their child’s best interests, including education, diet, religious upbringing and medical care. Sole legal custody means that one parent is responsible for deciding what is best for their child. 

2. Joint legal custody

Joint legal custody means that both parents decide what is best for their child’s upbringing. This often means that parents have to maintain constant communication about their child’s life. 

3. Sole physical custody

Physical custody refers to where a child lives and a parent’s responsibility to care for their child’s daily needs. Sole physical custody means that a child lives with only one of their parents. This parent is entirely responsible for providing food, clothing and shelter for their child.

4. Joint physical custody

Joint physical custody means that a child lives with both parents. Parents can create a child custody schedule to determine when each of them is responsible for caring for their child. Many co-parents rotate physical custody every day, week or month to help ensure equal custody time. You may need to reach out for legal guidance if you are seeking child custody. Legal guidance can help you learn more about the different forms of child custody and what type of documents you need to file. ]]>