Mississippi Criminal Law Blog

It Was Just A Slap: The Simple Domestic Violence Charge in Mississippi

Published on: March 24, 2023 | by Vic Carmody Jr., P.A.

Domestic Violence is an issue that impacts all parts of society, regardless of a person’s race, gender, or income level. Recently, UFC (Ultimate Fighting Competition) President Dana White made headlines for slapping his wife at a nightclub. According to reports, White and his wife were seen arguing before he slapped her in the face. A video of the altercation quickly surfaced on social media, drawing outrage and criticism from across the sports world. While both parties supposedly apologized to one another, many are saying that White committed an act of domestic violence and should be removed as UFC head. White, himself, is even quoted as saying that, “there’s one thing you never bounce back from, and that’s putting your hands on a woman.”

White is the most recent public figure to be cast into the spotlight for a domestic violence issue. When looking at statistics, the impact and frequency of these issues on everyday people is staggering. According to the National Coalition Against Domestic Violence (NCADV), one in three women and one in four men have experienced some form of physical violence by an intimate partner. This includes a range of behaviors, including actions as simple as slapping, shoving, and pushing.

How is Simple Domestic Violence Defined in Mississippi?

Practical Tips for Sharing Child Custody

Published on: March 23, 2023 | by Vic Carmody Jr., P.A.

Sharing child custody can be a challenging process for parents who have separated or divorced. It is important to prioritize the well-being and best interests of the child while navigating this process. In this blog, we will discuss practical tips for sharing child custody that can help make the process smoother and less stressful for both parents and children.

Keep Essential Items at Both Homes – One way to make the transition between homes easier for your child is to keep essential items at both homes. This can include things like a toothbrush, pajamas, and school supplies. It can also be helpful to have a set of clothes and toys that stay at each home, so your child doesn’t have to pack a bag every time they switch homes.
Inform Your Child’s School – It’s important to inform your child’s school about the separation or divorce, so they know who is allowed to pick up your child from school. You should also provide the school with copies of any legal documents regarding custody and visitation rights. It might be helpful to tell your child’s teacher that you are in the process of getting a divorce or have recently gotten a divorce so that they can better deal with any behavioral problems that might come up.

The Verdict is in for the Alex Murdaugh Trial

Published on: March 21, 2023 | by Vic Carmody Jr., P.A.

South Carolina lawyer, Alex Murdaugh, was once a respected figure in the legal community. He came from a prominent family of lawyers, with his father and grandfather both having successful careers in the legal profession. Alex himself was known for his skill and success in the courtroom. However, in 2021, the seemingly perfect life of Alex Murdaugh began to unravel. In June of that year, he discovered the bodies of his wife and son at their family home. At the time, it was believed that they had been killed in a botched robbery attempt, and Alex himself became a key figure in the investigation.

As the investigation unfolded, the story became more complicated. It was revealed that Alex had been involved in a number of shady financial dealings. He was heavily in debt and had even misappropriated funds from a settlement for a client. It was also discovered that he had arranged for a former client to kill him in order to collect a life insurance payout, but that the hitman had botched the job.

As the evidence mounted against him, it became clear that Alex Murdaugh was not the victim he had claimed to be. In fact, he appeared to be a master manipulator who had orchestrated a web of lies and deceit in order to cover up his own crimes. The prosecution presented compelling evidence against Alex Murdaugh in his murder trial. There were inconsistencies in his story about discovering the bodies of his wife and son, and the forensic evidence did not support his version of events. The prosecution also presented evidence of his financial troubles and the failed hit on his own life, suggesting that he had a motive to kill his wife and son.

Extortion & Sextortion on the Rise in Jackson County, Mississippi

Published on: March 21, 2023 | by Vic Carmody Jr., P.A.

According to WDAM-7, Jackson County, Mississippi is beginning to see an uptick in child pornography extortion, or “sextortion” cases. Jackson County Sheriff, Mike Ezell, has taken it upon himself to try to warn parents about a social media scam that has been circulating and has resulted in an increase in child pornography extortion cases. According to Ezell, fake Snapchat accounts are created, and the account holder pretends to be a child. The account holder then asks other children for nude photographs, and once the photographs are sent, the child in the picture is then instructed to send money or it will be leaked.

As of late, the sheriff’s department has not been able to charge anyone yet because so far all of the cases have involved scammers from other countries, which is a problem in itself. Ezell added that, “it’s almost impossible to find, prosecute, or arrest them.”

What is Extortion?

Can I Divorce My Pregnant Wife?

Published on: March 16, 2023 | by Vic Carmody Jr., P.A.

Under Mississippi law, a divorce cannot be granted while the wife is pregnant. This is because the state recognizes the importance of preserving the family unit during this time, and believes that the couple should make every effort to work out their differences and preserve their marriage. If a couple decides to proceed with a divorce while the wife is pregnant, they must wait until after the baby is born before they can file for divorce. This means that the couple will be legally married throughout the pregnancy, and will need to make arrangements for the care of their child after the divorce is finalized.

It’s important to note that there are exceptions to this rule. If the pregnancy is the result of infidelity, the husband may be able to file for divorce on the grounds of adultery. However, this can be a difficult case to prove and should be discussed with an experienced divorce attorney. In addition, if the wife’s health is in danger, the court may grant an expedited divorce. This is rare, but it may be possible if the pregnancy is putting the mother’s life at risk.

It’s also worth noting that Mississippi law allows for temporary separations, which can be granted during a pregnancy. This means that the couple can live apart during the pregnancy, but they will still be legally married.

Don’t let the Green Beer Cause You to See the Blue Lights

Published on: March 14, 2023 | by Vic Carmody Jr., P.A.

Every year, it seems like the annual St. Patrick’s Day party gets bigger, more fun, and even more wild than the year before. Millions of Americans enjoy celebrating Irish heritage, Catholic traditions, and green beer every March. It can be a lot of fun, but sometimes those emerald lagers can turn into clover-shaped, beer-tinted glasses that prevent you from driving safely.

At the Carmody Law Firm, we hope that anyone who gets behind the wheel is sober so that the road is safe for everyone. However, if you do get pulled over and are accused of drunk driving in Mississippi, we’re prepared to defend you.

Hal’s St. Paddy’s Parade and Festival

Internet Pornography Equals a Long Prison Sentence And Much More

Published on: March 13, 2023 | by Vic Carmody Jr., P.A.

Recently, the United States Attorney’s Office for the Western District of Texas announced that an El Paso man was sentenced in federal court to 160 months (13 years) in prison for receipt and distribution of a visual depiction involving the sexual exploitation of a minor.

According to court documents, the man used a fake social media account to share dozens of files containing Child Sexual Exploitation Material (CSEM) in a group chat over a three-day period between December 31, 2020 and January 2, 2021.

Investigators located the man’s residence and identified additional online accounts where he kept files containing CSEM. In a statement to media, the Office noted, “Predators contemplating to exploit children should heed this Homeland Security Investigations (HSI) investigation and the sentence handed down . . . . HSI and our law enforcement partners continue to work tirelessly to protect our greatest asset–our children–and focus on arresting and prosecuting those who seek to victimize them.”

Termination of Parental Rights

Published on: March 9, 2023 | by Vic Carmody Jr., P.A.

When a child is born, the parents have fundamental parental rights under the law. Termination of Parental Rights (TPR) is the process that occurs when a parent’s rights are taken away by the court or signed away by the parent themself. There are two types of TPR: you can voluntarily sign away your parental rights (this is called voluntary TPR) or the court can take away your parental rights (this is called involuntary TPR). Either way, TPR is permanent and should be taken very seriously. The decision should not be made lightly, and the judge will have to consider all the evidence to decide what is in the best interest of the child long-term.

Voluntary TPR

A parent can voluntarily terminate their own parental rights by signing a form called a Written Voluntary Release of Parental Rights. The parent must show that they are waiving their parental rights knowingly, intelligently, and voluntarily. A person who is considering terminating their own parental rights is strongly encouraged to talk to an attorney because TPR is permanent and cuts of all of the parent’s legal rights and obligations to the child forever. Do not sign a voluntary TPR without fully understanding what you are signing and what this will mean for the future.

Cyberbullying & Cyberstalking

Published on: March 7, 2023 | by Vic Carmody Jr., P.A.

Bullying has always been a cause for concern among young people in our country. However, in the era of social media and constant internet use, that concern has become heightened. Cyberbullying, which has become more prevalent in recent years, is a form of bullying that occurs through electronic devices such as phones or computers, and often takes place over social media, text, email, and gaming platforms according to Security.org. Additionally, cyberbullying often take the form of sending or sharing harmful or malicious content about someone to embarrass them. Often times, the content is shared anonymously, which makes cyberbullying not only concerning, but difficult to punish. In fact, as of January 2020, 44 percent of all internet users in the U.S. said that they’ve experienced online harassment or a form of cyberbullying. Under Mississippi law, an individual who engages in cyberbullying can face charges for cyberstalking, sending obscene or harassing electronic communications, stalking, and aggravated stalking.

What is Cyberstalking?

Similar to cyberbullying, cyberstalking is a related crime that involves the use of electronic communication to harass or threaten someone with some type of physical harm. Cyberstalking occurs when an offender uses any form of electronic communication (most commonly email, messaging, or texting) to:

“Reward.” How Far Does it Really Go?

Published on: March 3, 2023 | by Vic Carmody Jr., P.A.

In 2021, Lady Gaga’s dogwalker was robbed at gunpoint, and two of her purebred French Bulldogs were stolen. Lady Gaga advertised a $500,000 reward upon the return of her dogs, “no questions asked.” The lady who returned the dogs, Jennifer McBride, is suing the popstar for not delivering on her promise of the reward. McBride was later charged in connection to the theft with receiving stolen property and being an accessory to the crime. She allegedly dated the father of one of the men responsible for assaulting Gaga’s dog walker, Ryan Fischer. McBride received two years of probation as a result of her part in the crime.

At the time of the shooting, Lady Gaga offered a $500,000 reward for the dogs’ safe return. “My beloved dogs Koji and Gustav were taken in Hollywood two nights ago,’ Gaga wrote. “My heart is sick and I am praying my family will be whole again with an act of kindness. I will pay $500,000 for their safe return.” According to a complaint filed in Los Angeles Superior Court, “the unilateral offer to pay the reward of $500,000 ‘no questions asked’ was communicated to the public through numerous news outlets.” The complaint continued, “the Plaintiff relied on Defendants’ unilateral oral offer, communicated through numerous news outlets.” The plaintiff alleges that by contacting defendants and delivering Lady Gaga’s bulldogs to defendants at a Los Angeles police station that McBride accepted the defendants’ unilateral offer.

Rewards are usually considered “unilateral contracts” in which the only way an offer can be accepted is through performance—such as returning the stolen dogs in exchange for money.