Mississippi Criminal and Family Law Blog

What Are Potential Sentences for DUI Causing Death in Mississippi?

Published on: July 23, 2024 | by Vic Carmody Jr., P.A.

DUI defendants may assume that convicts rarely receive the maximum sentence for their crimes. You may think that although a crime is punishable by decades in prison, these penalties rarely occur in reality. However, Mississippi courts do issue maximum sentences for DUI-related crimes, and a recent example involves the death of a mother and a small child. This case may provide some insights as to when criminal courts issue maximum sentences for DUI offenses in Mississippi.

Woman Receives 110 Years in Prison After Fatal DUI

In May of 2024, ABC News reported that a Mississippi woman had been sentenced to 110 years in prison for causing the death of a mother and child while driving drunk. She faced four counts of aggravated DUI and a single count of fourth-offense DUI. The first four aggravated DUI counts had a maximum sentence of 25 years each, while the fourth-offense DUI count had a maximum sentence of 10 years. She received the maximum sentence for all five counts, leading to a total of 110 years behind bars. The sentences will run concurrently, meaning the woman will probably die in prison.

Attacks on Mail Carriers Lead to Serious Penalties in Mississippi

Published on: July 19, 2024 | by Vic Carmody Jr., P.A.

Simple assault is a relatively serious offense in Mississippi, and it may lead to up to six months in jail. However, the penalties for assault crimes vary depending on the victim. If you assault certain people in Mississippi, you face more serious consequences. These “protected individuals” include children, seniors, and police officers. However, postal workers also fall into this general category. Even a “simple assault” on a postal worker can result in federal charges and prison time. If you have been accused of assaulting a mail carrier, you may want to get in touch with an experienced criminal defense attorney in Mississippi as soon as possible.

Mississippi Man Gets 20 Years for Threatening Mail Carrier

Even if you do not physically harm a mail carrier, you could still face decades in prison. In May of 2024, the Justice Department announced that a man from Sledge had been sentenced to 20 years in prison for threatening a mail carrier with an unspecified “dangerous weapon.” The fact that the Justice Department did not specifically state that this was a firearm suggests that it may have been something more along the lines of a baseball bat or knife. The incident occurred in 2022, and the defendant has been in custody since he made the threat.

Successful Co-Parenting During Back-to-School: Essential Tips for a Smooth Transition

Published on: July 16, 2024 | by Vic Carmody Jr., P.A.

As the back-to-school season approaches, parents across the globe are gearing up for a new phase of life that brings with it the hustle and bustle of school schedules, extracurricular activities, and homework assignments. For co-parents, navigating this transition can be both challenging and rewarding. Effective co-parenting during back-to-school requires clear communication, collaboration, and a shared commitment to the well-being of your children. In this blog, we’ll explore essential tips to help co-parents thrive during the back-to-school period and provide a stable and supportive environment for their children.

Open and Honest Communication

The cornerstone of successful co-parenting is open and honest communication. Before the school year begins, sit down with your co-parent to discuss schedules, routines, and expectations. Ensure that both parents are on the same page regarding drop-off and pick-up times, transportation arrangements, and any important dates such as parent-teacher conferences or school events. Keep lines of communication open throughout the year to address any concerns or changes that may arise.

Can You Get a Felony DUI Reduced to a Misdemeanor in Mississippi?

Published on: July 12, 2024 | by Vic Carmody Jr., P.A.

There is a clear incentive to reduce felony DUIs to misdemeanors in Mississippi. Not only does a felony lead to more serious criminal consequences, but it also affects your rights in many ways. A felony represents an obvious blemish on your record, while a misdemeanor may affect your future in much less drastic ways. The real question is whether this is even possible. How do you reduce your felony to a misdemeanor in Mississippi? What is the legal process behind this, and how can a criminal defense lawyer in Mississippi help you achieve this goal?

Accepting a Plea Deal

Perhaps the most obvious way to reduce a felony DUI to a misdemeanor is by accepting a plea deal. For those who do not know, a plea deal requires you to plead guilty. In exchange, the prosecution may promise some degree of leniency – and this may include misdemeanor charges instead of felony charges. But a plea deal may not always lead to a misdemeanor instead of a felony. If you are facing serious felony charges, a plea deal could simply reduce the number of years you spend in prison – and you might still be convicted of a felony. Defendants must carefully consider the pros and cons of plea deals based on their unique situations. In some cases, it makes more sense to fight the charges in court. That being said, a plea deal can provide optimal results in other situations.

What to Do After Hitting a Pedestrian in Mississippi

Published on: July 9, 2024 | by Vic Carmody Jr., P.A.

It is all too easy to let your emotions get the better of you after hitting a pedestrian in Mississippi. This can be one of the most shocking incidents a motorist can experience, and you may feel unsure of how to react. Unlike colliding with another vehicle, there is something inherently more violent and horrific about hitting a human being. Despite these nerve-wracking elements, however, it is important to react in a calm, professional manner. If you do not react carefully, you could face various criminal charges – including hit-and-run, aggravated DUI, or even manslaughter.

Pull Over

After striking a pedestrian, you should pull over as soon as possible. If you continue driving, you could be charged with leaving the scene of an accident. In the case of a serious injury or death, this can easily lead to felony charges in Mississippi. That being said, it is important to pull over in a safe location. If you need to drive a few hundred yards before pulling over, you are perfectly justified in doing so. Parking in an unsafe location will only put you in danger, especially if you are on a dark highway or blind corner. The police will not hold this against you, and it is not illegal to drive a reasonable distance in search of a safe spot.

What Happens If You File for Divorce and Later Change Your Mind?

Published on: July 5, 2024 | by Vic Carmody Jr., P.A.

Filing for divorce is a significant and often emotionally charged decision. However, life is unpredictable, and it’s not uncommon for individuals to reconsider their choices. If you file for divorce in Mississippi but later change your mind and decide you want to stay married, there are several steps and considerations to be aware of.

Understanding the Divorce Process in Mississippi

Before diving into the specifics of reversing a divorce filing, it’s important to understand the basics of the divorce process in Mississippi. The state allows for both “uncontested” and “fault-based” divorces. In an uncontested divorce, the grounds are irreconcilable differences, while fault-based divorces can be granted for reasons such as adultery, cruelty, desertion, and others.

The Kombucha Defense for Mississippi DUIs

Published on: July 2, 2024 | by Vic Carmody Jr., P.A.

Alcohol isn’t the only substance that can raise your BAC level. All kinds of other beverages, foods, and medications may also trigger a BAC reading – even if you never consumed any alcohol. In certain situations, this can lead to a false positive BAC result and serious consequences. One example is kombucha, a fermented beverage that could create the impression that you are intoxicated. But is the “kombucha defense” really viable? How do you prove that your BAC result was triggered by fermented foods and not alcohol? These are questions you can ask one of our lawyers during your free consultation.

Why Kombucha Can Trigger Positive BAC Results

To be clear, the average person would need to drink an excessive amount of kombucha to trigger a BAC result even close to normal illegal levels. The average bottle of kombucha contains less than 0.5% alcohol, making it roughly 10 times less powerful than a bottle of beer. However, various factors could make a problematic BAC result more likely after drinking kombucha.

Social Media Usage Can Lead to Criminal Charges

Published on: June 28, 2024 | by Vic Carmody Jr., P.A.

There is no question that social media outlets, like Facebook, Twitter, or Snapchat, play a major role in our everyday lives. People use social media to keep up with friends, post pictures, videos, and stay on top of current events. Social media plays such an important role in our lives, that it has become a central player in some of the most recent happenings around the world. However, without a doubt, social media can also be a force used for good.

Did you know that social media can also be used as a tool by law enforcement to investigate and ultimately bring criminal charges against people? Social media posts and even private messages regularly end up being used in criminal cases as evidence against an offender. Everything that is posted on social media or even words and phrases searched on your computer are subject to being found by law enforcement and being used against you in a court of law.

Here are a few examples of charges that typically arise from social media:

Why Are Youth Courts Confidential?

Published on: June 25, 2024 | by Vic Carmody Jr., P.A.

Youth court, often referred to as juvenile court, plays a crucial role in the justice system by handling cases involving minors. A pivotal aspect of youth court is its commitment to confidentiality. This principle ensures that the records and proceedings involving minors are kept private, which is fundamental for several reasons. In this blog, we’ll explore why confidentiality in youth court is essential and how it is maintained.

Why is Confidentiality in Youth Court Important?

Protecting the Minor’s Identity: Youths involved in legal issues are often at a vulnerable stage in their lives. Confidentiality protects their identity, shielding them from potential stigma and the long-term negative consequences that public exposure might bring. This protection is crucial for their reintegration into society as productive and responsible citizens.

Types of Family Violence in Mississippi

Published on: June 4, 2024 | by Vic Carmody Jr., P.A.

Domestic violence is a serious offense in Mississippi. If you are accused of this crime, it is important to understand your rights. More importantly, it is crucial that you understand exactly how these alleged crimes are handled in the state of Mississippi. There are many types of crimes that may be classified as domestic violence, and penalties may vary as a result. An obvious first step is to book a consultation with a criminal defense attorney and determine how best to proceed based on your unique situation.

While there are many types of family violence in Mississippi, they all involve crimes committed against members of your household or your family. This might include:

Your current spouse