Mississippi Criminal Law Blog

Truth Without Consequences

Published on: September 26, 2022 | by Vic Carmody Jr., P.A.

Folks will lie to get what they want if they think they can get away with it. It may seem completely unbelievable to the average person but there are people out there that have no hesitations about accusing others of molestation or rape. Although official numbers have never been accurately determined, there are estimates that accusations of a crime as serious as sexual molestation or rape are falsified or exaggerated by up to 40%. The question then becomes why would someone want to lie about being molested or sexually assaulted.

There are three main reasons why false molestation or rape accusations come about, such as:

Monetary gain: Based on the details of the case and the emotional and physical harm allegedly inflicted, a judge may order restitution be paid by the offender to the “victim.”

Pre-Divorce Planning

Published on: September 23, 2022 | by Vic Carmody Jr., P.A.

When a marriage is breaking down and it becomes obvious that divorce may be approaching, it can be emotional and overwhelming for everyone involved. However, there are several things that spouses can do to prepare for divorce if they know that they are likely headed in that direction. It is never a bad idea to prepare ahead of time so that the divorce process runs as smoothly as possible.

Basic Divorce Requirements

The first part of starting the divorce process is determining whether you meet the state residency requirement. To file for divorce in Mississippi, you must be a Mississippi resident for at least six months at the time of filing. Most people satisfy this condition easily, but if you have not lived in Mississippi for at least six months, you may need to wait until that six-month period has passed. Residency may be proved in many ways including but not limited to filing for a homestead exemption, registering to vote, purchasing an in-state drivers’ license, and so on.

Shoplifting Crimes are on the Rise in Mississippi

Published on: September 21, 2022 | by Vic Carmody Jr., P.A.

Not all crimes are created equally, but they can all potentially result in serious consequences for an offender, including fines, probation, jail time, and a criminal record. Shoplifting is one of those crimes that people often view as a minor, non-violent criminal offense. Stealing a snack from a convenience store may not be thought of on the same level as robbery, but it can result in the offender having to deal with extreme consequences in the state of Mississippi.

Mississippi Shoplifting Laws

Before we get into the potential consequences of shoplifting, let’s define what it means.

How Does the Sex Offender Registry Work in Mississippi?

Published on: September 19, 2022 | by Vic Carmody Jr., P.A.

Few states are as tough on sex crime and sexual assault-related offenses as Mississippi. Mississippi sexual assault law is extensive and if you are convicted of sexual assault in Mississippi, you will carry a heavy burden for a long period. The list of “registrable offenses” in the state of Mississippi contains 23 items ranging from rape to the neglect of a child who was sexually abused by another person. In Mississippi, it is not uncommon to find oneself on a registry for a crime that the “offender” never knew was a crime, let alone a crime that results in a long-standing presence on a sex offender list. If you are on a sex offender registry, many aspects of privacy that many citizens of the USA hold dear no longer apply to you. Convictions for sexual offense crimes are difficult to fight post-conviction, so you will want to fight the conviction with the best legal defense possible or possibly seek a plea deal. In all circumstances, you do not want to end up on a sex offender registry as this will negatively impact all aspects of your life and perhaps even seriously damage them.

What Offenses Can Place Me on a Sex Offender Registry?

As referenced above, Mississippi has a long list of registrable offenses. Many of them are typical and intuitive and can be accessed in detail here. Below we will discuss some of the more atypical offenses which are considered registrable offenses. These include:

How the Insanity Defense Works in Mississippi.

Published on: September 15, 2022 | by Vic Carmody Jr., P.A.

You may be familiar with the insanity defense for those charged with a serious crime like murder, rape, robbery and other crimes that carry the death penalty, but you may not understand how it works. A defendant may be found not guilty by reason of insanity for serious crimes. However, what the outcome of such a ruling is that the Defendant is not insane. An insanity defense does not claim that a defendant is innocent, but rather that they did commit the criminal act, but are not legally culpable (viable) for their conduct because of their poor mental health.

Mississippi’s rules of criminal procedure are very clear that a person’s competency to stand trial is completely separate from whether a person was sane at the time of an alleged defense. Both competency and sanity require that there be a mental evaluation of the defendant. But whereas a competency evaluation determines whether the client understands the nature and seriousness of the crime, a sanity evaluation goes much deeper. It is at the sanity evaluation stage that an inexperienced lawyer fails to consider.

The biggest problem with asserting insanity, and therefore having a sanity evaluation, is that to assert the defense, a defendant and his lawyer are effectively admitting that the person committed the crime, but that the defendant suffered from such a mental disorder that they could not understand the gravity of their actions or the consequences. Not only that, but when the person goes for their mental evaluation, they must reveal all of the details of the underlying crime, and that information must be turned over to the prosecution if the lawyer continues to assert insanity as his client’s defense.

What are the Two Types of Divorce in Mississippi?

Published on: September 13, 2022 | by Vic Carmody Jr., P.A.

There are two types of divorce in Mississippi: Irreconcilable Differences divorce (sometimes called “ID divorce”) and Contested or Fault-Based divorce. The type of divorce you choose depends on whether or not you and your spouse can agree to a divorce. If you and your spouse cannot agree to a divorce, one spouse must prove the other is guilty of marital fault such as adultery, untreated addiction, or domestic violence.

Irreconcilable Differences Divorce

Irreconcilable differences (ID) divorce is also sometimes called uncontested divorce. This type of divorce is used where both spouses agree that they want to get a divorce. If one spouse does not want a divorce and will not agree to the divorce, ID divorce cannot be used, and the spouse who does want the divorce will have to file for fault-based divorce. Sometimes, a couple will agree that they both want to get a divorce, but cannot agree on certain terms like child custody or how to divide the marital property. In this type of situation, the couple can still file for irreconcilable differences divorce as long as they agree that the court will determine any remaining terms of disagreement. 

Representing Yourself in Court Is Not a Do-It-Yourself Project

Published on: September 7, 2022 | by Vic Carmody Jr., P.A.

In the practice of law, defendants have the option of pro se (Latin for “on behalf of themselves”), Meaning they represent themselves in a civil or criminal case in court. Although this practice can save the offender the cost of hiring an attorney, the results are almost always disappointing and leave offenders wishing that they had retained a qualified attorney. Pro se defendants rarely win, and it’s not hard to see why. Oftentimes attorneys can turn to current court decisions to help them answer difficult questions regarding the law. Let’s see what the courts have to say about this issue of offenders deciding to represent themselves in court on criminal charges. The assistance of counsel is essential to putting your best foot forward on your day in court. United States v. Gonzalez -Lopez, 548 U.S. 140 (2006). The Court’s decision stated that representation by counsel is critical to the ability of the adversarial system to produce just results. Strickland v. Washington, 466 U.S. 668 (1984). The untrained defendant is in no position to defend himself, even when there are no complexities surrounding the defendant’s case. State v Sugar, 417 A.2D 474 (1980). Without the guiding hand of counsel, an innocent defendant may lose his or her freedom because he or she does not know how to establish his or her innocence.

As one can clearly see, our courts say that offenders should seek counsel when dealing with issues in court. Our attorneys at the Carmody law firm believe in the importance of the right to counsel and will work zealously to defend your rights in court.

What Are Some Advantages of Hiring a Qualified Criminal Defense Attorney?

Dui Death Charges for An Unborn Child

Published on: September 6, 2022 | by Vic Carmody Jr., P.A.

An ap report out of Charleston, West Virginia on July 21, 2022, indicates that a man has been charged with a felony in connection with a drunk driving wreck that resulted in the death of an unborn child. Often, we hear of people getting charged with and convicted of a double homicide when the victim is a pregnant woman because the offender is being punished for ending the life of the mother as well as the unborn child. It seems much less often that an expecting mother is injured by someone committing a criminal act resulting in the death of the unborn child. In West Virginia the penalty for a DUI resulting in an injury to someone other than the intoxicated driver is no less than a day in jail and no more than a year, making it a misdemeanor offense. For an offense to be considered a felony it must carry a possible sentence of more than a year in prison. The penalty for a DUI resulting in the death of another in west Virginia is a minimum of two years in prison and a maximum of ten, making it a felony. DUI resulting in a death is the charge being pursued against this West Virginia man for the death of the unborn child, not the DUI resulting in injury to the mother.

What Are Mississippi’s DUI Penalties for Injury or Death Laws?

Mississippi’s DUI laws are much more aggressive than the West Virginia laws. We should first look to the Mississippi code to determine what “driving under the influence” really means. The statute makes clear that in Mississippi it is illegal to operate a vehicle while under the influence of intoxicating liquor, under the influence of any other substance that has impaired the person’s ability to operate a motor vehicle, under the influence of any controlled substance, or has a blood alcohol or breath alcohol concentration of 0.08 and above. Note that there are no exceptions for legal prescriptions in the driver’s name and that driver may still be found to be under the influence of their legal prescription even if they have a bac of below 0.08. According to the Mississippi code, any person driving under the influence that negligently causes a serious injury or death to another may be sentenced to prison for a minimum of five years and a maximum of twenty-five years for each person injured or killed. Since this drunk driving accident resulted in the death of the unborn child and serious injury to the mother, under Mississippi law, he could be facing fifty years in prison.

Stalking is Not Always About Relationships

Published on: September 1, 2022 | by Vic Carmody Jr., P.A.

When most of us hear the word “stalker,” we imagine a disgruntled ex-boyfriend who follows a woman around and spies on her. But stalking is not always about relationships. In Mississippi, you can be charged with stalking someone who is not your ex, such as a public official, a celebrity, or anyone else for that matter. This is definitely something to keep in mind if you face stalking charges, since many people assume that this law only applies to romantic relationships. One recent example of stalking in Mississippi highlights the fact that it is much more universal.

Man Faces Felony Stalking After String of Incidents with Oxford Mayor

On July 6th, it was reported that the Lafayette County Circuit Court had denied bail for a man facing felony stalking charges. He was not stalking an ex-partner but rather the mayor of Oxford, Robyn Tannehill. This incident really began all the way back in 2017, when the defendant appeared in the town square armed with a military-style rifle and a Confederate flag.

Mississippi is the World’s Leader in Mass Incarceration

Published on: August 30, 2022 | by Vic Carmody Jr., P.A.

Mississippi is known for many things, including blues music, agriculture, and catfish. But the Magnolia State is also earning a somewhat less impressive reputation for incarcerating more people than any other place on the planet. Mississippi even beats highly authoritarian nations such as North Korea, believe it or not. Why is this, and what can you do if you are one of the many people who face prison or jail time in this state?

If you are facing the possibility of incarceration, get in touch with a defense attorney as soon as possible. Although enlisting the help of a public defender is always an option, a private defense attorney is usually highly motivated and less likely to accept plea deals. This increases the chances of you avoiding incarceration altogether. No matter what you choose to do, the most important thing is to act quickly and start developing a defense strategy as soon as possible.

Mississippi Has More Inmates Per Capita Than Any State or Nation