Maggio Law Firm, PC Maggio Law Firm, PC 2026-08-22T18:42:25Z 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[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. ]]> On Behalf of The Maggio Law Firm, PC <![CDATA[What if you refuse a DUI chemical test?]]> https://www.sjmaggio.com/?p=48240 2026-06-21T08:30:58Z 2026-06-21T08:30:58Z When an officer asks you to take a blood, urine or saliva test during a DUI investigation, refusing may seem like the safer option. Many drivers worry that a chemical test will provide evidence against them, so they decline in the hope of protecting themselves from a DUI conviction. What many people do not realize is that declining a chemical test doesn’t mean the state cannot prove intoxication. Additionally, refusing a chemical test can create a different set of problems. 

Mississippi implied consent laws

When you obtain a Mississippi driver's license and operate a vehicle on public roads, you are generally considered to have given implied consent to chemical testing if lawfully arrested for suspected DUI. You have the right to refuse a chemical test, but that decision is consequential. In Mississippi, refusing a test can trigger an automatic driver's license suspension, even before your DUI case is resolved. A first refusal can result in a 90-day suspension, while a second refusal may lead to a one-year suspension. You could also face harsher legal penalties than someone who submitted to testing if you’re found guilty. Judges have broad discretion when sentencing in most DUI cases, and your refusal can be a factor they consider when deciding how to resolve the case.

Why the details matter

Most people focus on the outcome of chemical tests, but there is much more than meets the eye from a legal perspective. How the officer approached you, what was said and whether procedure was followed correctly are some seemingly minor details that can determine if the evidence can be used against you in court. If you’ve refused a chemical test or taken one after an arrest, reaching out for urgent legal guidance is in your best interests. DUI cases often take shape in the early stages, and the sooner your defense strategy begins, the better positioned you may be to protect your interests.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[3 times it may be necessary to modify a custody order]]> https://www.sjmaggio.com/?p=48239 2026-06-04T10:07:42Z 2026-06-04T10:07:42Z update the custody order when it no longer adequately addresses the needs of the children. There are many scenarios in which modifying a custody order might be necessary, with the three below accounting for a large percentage of formal modification requests.

1. Relocation scenarios

If either parent intends to move a substantial distance from the other or their current residence, a custody modification might be necessary. Larger distances translate to more costly and less frequent custody exchanges, making a schedule adjustment necessary.

2. Substantial scheduling changes

Teenagers participating in high school sports and parents beginning new jobs could also significantly alter the best division of parenting time. When the family faces a noticeable and lasting change in schedules, the custody order may need to evolve to reflect those new circumstances.

3. Changes in children's needs

Sometimes, children fall ill or acquire injuries that increase the level of support they need. Other times, the emotional reaction to divorce can lead to declining academic performance and social withdrawal, which are issues that may require more hands-on parenting, as well as professional support. When the needs of the children change or the ability of the parents to meet those needs changes, the custody arrangements for the family may also need to change. Working cooperatively to pursue an uncontested child custody modification or petitioning the courts for a contested modification can be helpful for parents who recognize that a custody order does not meet their family’s needs effectively anymore.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[Can one spouse empty a joint account before divorce?]]> https://www.sjmaggio.com/?p=48238 2026-05-28T15:53:04Z 2026-05-28T15:53:04Z What can happen if you remove joint funds Your bank may allow either listed owner to make withdrawals. That could make the withdrawal possible under the bank’s rules, but it does not mean the move is fair or harmless in court. A judge can look closely at major withdrawals, especially if the funds disappear, get hidden or are spent for reasons unrelated to normal household needs. This raises questions about whether one spouse wasted or disposed of shared assets. Depending on the facts, the court may:
  • Count the withdrawn amount against your share of the marital estate
  • Order the withdrawn amount returned or accounted for
  • Question whether you acted unfairly during the divorce
  • Enforce any existing order that limits large transfers or withdrawals
In some divorce cases, these orders may take effect early in the case and can restrict either party from moving substantial sums, changing accounts or disposing of marital property without court approval.

How to protect yourself before moving money

Before you make a major withdrawal, focus on protecting the financial record. Save recent bank statements, take screenshots of account balances and keep receipts for necessary expenses. You should also avoid transferring funds to someone else, closing accounts without warning or spending large sums out of anger. Those actions can make your position more difficult to explain later. Mississippi chancery courts require spouses to submit financial disclosures. Accurate records help show where the money went and why.

Secure your access before problems grow

Shared funds may feel like the first place to act when divorce becomes real, but moving funds without a clear plan might create more problems than it solves. Protecting records, tracking necessary expenses and avoiding sudden transfers can help you explain your choices if questions come up later.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[Your constitutional rights during a Mississippi DUI stop]]> https://www.sjmaggio.com/?p=48236 2026-05-25T03:44:52Z 2026-05-25T03:44:52Z Fourth and Fifth Amendments The Fourth Amendment protects you from unreasonable searches and seizures. This means that police officers can’t stop your vehicle on a whim. They must have reasonable suspicion that a traffic violation or criminal offense has occurred.
  • In terms of a DUI, an officer may claim the stop was based on behavior, such as:
  • Swerving or drifting across lanes
  • Erratic braking
  • Slowing down and speeding up
  • Running a stop sign or stop light
You also have your Fifth Amendment right against self-incrimination. While you may be required to provide identification and basic vehicle documentation, you don’t have to answer questions like:
  • “Have you been drinking tonight?”
  • “How many drinks have you had?”
  • “Where are you coming from?”
Your answers could be incriminating and later used by prosecutors. The police officer may ask you to perform field sobriety tests, which may include balancing exercises, walking in a straight line or following an object with your eyes. These tests are highly subjective, and you are within your rights to decline. However, due to Mississippi’s implied consent law, any driver lawfully arrested for DUI may face penalties for refusing certain chemical tests, such as breath or blood testing. It’s essential to remember that a DUI arrest doesn’t automatically mean a conviction. Therefore, it’s important to speak with a legal representative. They can evaluate whether your constitutional rights were violated, challenge improperly obtained evidence and work to protect your future.]]>