Mississippi Criminal Law Blog

Distracted Driving and Electronic DUI Laws

Published on: August 11, 2022 | by Vic Carmody Jr., P.A.

Distracted driving is a dangerous activity to undertake, and the modernization of the cell phone has made the issue worse by providing every driver the ability to surf the internet, make phone calls, text, and stream music or podcasts. This coupled with the fact that almost 303 million people in the United States own cell phones means that the opportunities to be distracted behind the wheel are seemingly endless. Not only are our roads much more dangerous, but also Mississippi drivers are opened up to criminal liability.

According to King 5 News out of Seattle, Washington, King County recently celebrated the five-year anniversary of their Electronic DUI law which completely bans the use of cellphones while behind the wheel of a vehicle, even at a stop sign or a red light. According to the head of the king county target zero task force, distracted driving is the third leading cause of wrecks behind speeding and impairment due to alcohol or drugs which is why they saw fit to enact legislation that would subject distracted drivers to criminal liability in the same way that other impaired drivers are charged.

The electronic dui law has seemed to work. As traffic accidents due to distracted drivers has continuously declined year over year. In 2017, the last year before the e-dui law took effect, 13,758 crashes occurred in king county, Washington due to distracted driving which dwarfs the 4,988 crashes seen in 2021. According to the Washington traffic safety commission, 30% of crash fatalities are a result of distracted driving and drivers are three times as likely to get in an accident when they are talking on the phone. While the law seems to be having the desired effect, the fact remains that another law banning a certain behavior opens each individual up to more possibility to be criminally charged and convicted for committing what most people think is a safe act, like checking some email notification before the light turns green.

What Happens if You Commit Credit Card Fraud in Mississippi?

Published on: August 9, 2022 | by Vic Carmody Jr., P.A.

Credit card fraud is quite common across the United States, and Mississippi is no exception. People may be tempted to commit this crime for a number of reasons, including economic pressures or outstanding debts. Some may even commit credit card fraud without fully realizing it. But what happens if you are caught in the Magnolia State while committing credit card fraud? What kind of penalties can you expect, and how can you mitigate these legal consequences?

The answer to the second part of that question is quite simple: In order to mitigate legal consequences, you should get in touch with an experienced criminal defense attorney at your earliest convenience. Our legal professionals in Mississippi can guide you toward a positive outcome as quickly and as effectively as possible. Mississippi may take credit card fraud seriously, but there is no reason to accept needlessly excessive penalties.

Credit Card Fraud is Reported Extremely Quickly

Arson is Common in Mississippi: What Happens if You are Caught?

Published on: August 3, 2022 | by Vic Carmody Jr., P.A.

Arson is a relatively common pastime in Mississippi, with at least three arsonists setting fire to structures within the past week alone. Before you get involved in this pastime yourself, you might want to consider the potential penalties for this offense. Mississippi takes arson seriously. It does not matter whether you were setting fire to something as part of a political protest or whether you were simply bored. You may go to prison for a long time if you commit arson.

The good news is that with help from a criminal defense attorney in Mississippi, you have your best chance at protecting your rights, avoiding prison time, and mitigating any legal issues you might be facing. With all that said, it is difficult to strive for a positive outcome if you wait too long to get started, so get in touch with a defense attorney right away if you are serious about fighting for your rights.

Keokuk Woman Charged With Arson

A Violent Charge Conviction Can Have A Lasting Impact

Published on: July 29, 2022 | by Vic Carmody Jr., P.A.

Any criminal charge can have life-altering consequences, but if you’re convicted for a violent crime, the consequences will be even greater. Violent crimes are considered a threat to society, which is why the courts aim to punish those convicted with harsh penalties. However, crimes of violence are rarely as black and white as they appear on paper. Our attorneys at the Carmody Law Firm understand that a close inspection/investigation soon after is extremely important when dealing with cases of a violent nature. Simply being charged with armed robbery, murder, assault, kidnapping, or a sexual offense also carries a certain stigma in the community that will have a lasting impact on the offender’s life, even if there is no conviction.

In addition, the repercussions for a conviction can be hefty, and will include lengthy prison times, large fines, and a damaging mark on your criminal record. Anyone charged with a crime of violence should seek out a qualified criminal defense attorney as soon as possible to evaluate their case.

What Should an Offender do When Being Charged with a Violent Crime Prior to Speaking to their Criminal Defense Attorney?

“Red flag laws” and mass shootings

Published on: July 27, 2022 | by Vic Carmody Jr., P.A.

Another week in the United States and once again, there is another mass shooting that is covering the headlines. With any mass shooting tragedy, the national conversation almost automatically changes to gun laws, gun rights, mental health, and ways to prevent mass shootings from continuing to occur. Red flag laws are increasing in popularity across the county yet face heavy opposition from gun right and 2nd amendment advocates. As of July 1, 2020, 19 states have some sort of red flag law. Red flag laws are state laws that can go by various names, including “extreme risk protection orders (erpos),” “gun-violence restraining orders” and “risk warrants.” These laws allow law enforcement, family members, and even medical professionals in some states, to petition the court to temporarily remove firearms and ammunition from a person who is believed to present a danger to himself or herself or others.

Uvalde, Texas 4th of July shooting

The most recent mass shooting occurred this past 4th of July weekend when a solo gunman opened fire on onlookers of a holiday parade near Chicago, Illinois. Seven people were killed while more than 30 others were wounded. The gunman, twenty-one-year-old Robert Crimo III, has since been arrested in connection with the shootings and has been charged with seven counts of first-degree murder.

Police Reform and Traffic Stops

Published on: July 22, 2022 | by Vic Carmody Jr., P.A.

Nationwide police reforms limiting traffic stops may contribute to a rise in dui fatalities in recent years. Since the George Floyd incident, subsequent protests and public outcry, police reform has spread to many states throughout the country. Although there is another clear reason for the increase, that being the increase in alcohol consumption during the pandemic. However, police reform in cities like New York City and Philadelphia have insisted on policies to pull back on traffic stops for minor violations, often missing signs of an impaired driver. Https://www.foxnews.com/us/police-reforms-limiting-traffic-stops-contributed-rise-dui-fatalities-experts-say

Philadelphia Limits Stops for Minor Traffic Violations

Philadelphia is the first major city in the United States to ban police officers from pulling over drivers for minor traffic violations. The low-level offenses are those such as expired registration for 60 days or less, a single brake or headlight out, minor bumper damage, or using the car without an official certificate of inspection.

Robberies Involving Controlled Substances

Published on: July 18, 2022 | by Vic Carmody Jr., P.A.

While robbing a bank is obviously illegal, the items stolen are legal. In other words, there is nothing wrong with owning paper money. But what happens if you steal something that is illegal, such as a controlled substance? In the case of one drug dealer stealing another dealer’s stash at gunpoint, the police rarely get involved. Why? Because it is not like the drug dealer is going to call the police. But what happens when controlled substances are stolen from a location that is actually allowed to store them – such as a pharmacy? As it turns out, there is a law specifically put in place for these situations.

If you have been charged with a robbery involving a controlled substance, it is imperative that you get in touch with a criminal defense attorney as soon as possible. Our legal professionals can help you strive for the best possible outcomes, and there is no sense in accepting a needlessly harsh penalty. Book your consultation with a private defense attorney right away, and you can begin fighting for your rights and developing an effective defense strategy.

Robberies and Burglaries Involving Controlled Substances

Understanding the Definition of Aggravated Assault

Published on: July 12, 2022 | by Vic Carmody Jr., P.A.

Aggravated assault is a very serious criminal charge. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find housing. When a person has been accused of this crime of violence, they are being accused of some type of crime against a person. However, the assault charge that the offender will be subject to will depend on the exact circumstances regarding the level of force used. Aggravated assault is a type of crime that is much more serious than simple assault. If you have been accused of aggravated assault, it is important that you do everything that you can to defend yourself from this accusation. Our attorneys at the Carmody Law Firm will work tirelessly to ensure that your rights are protected and that your side of the story is heard in court.

What Makes an Assault an Aggravated Assault?

In order for any offender to be charged with assault or aggravated assault, they do not have to have caused injury to another person. Instead, simply the behavior of causing sufficient fear that harm could or would be caused can constitute assault. The thing that differentiates assault and aggravated assault is the use or presence of a deadly weapon. It is possible for a person to be charged with aggravated assault even if they did not cause any physical harm whatsoever. What does need to have happened however, is for an offender carrying a deadly weapon to have caused fear for another person’s safety, or to have threatened a person with a deadly weapon.

Independence Day Travel and Safety

Published on: July 8, 2022 | by Vic Carmody Jr., P.A.

Independence Day, more commonly known as the “Fourth of July”, is one of the nation’s most respected and popular national holidays. People across the country celebrate amongst family and friends, with hot dogs and burgers over the grill, usually with a soda or ice-cold beer. Additionally, it is very common for people to travel to lakes, beaches, or any body of water to cool off in the overbearing July heat.

The Downside of the Fourth of July Holiday

However, the week of the holiday is not only known for its celebrations, but also for the number of DUI’s and fatal car crashes that occur. Considering the amount of travel that people do over the holiday week, along with the type of celebrations that are happening, it is no wonder why there is an increase in DUI’s and fatal car crashes.

Do I Need an Attorney for a Domestic Violence Charge?

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

A domestic violence charge comes with serious consequences, which is why it’s vital to protect your rights with the help of well qualified criminal defense attorney. Many people believe that if they are innocent, they do not need legal representation because the truth will come out in court. However, this is not the case, especially if there isn’t an experienced criminal defense attorney working for you. When you are innocent, or even when you believe that the facts in your case would show your innocence, you still need legal counsel to get those facts to the court.

Domestic violence is a serious charge and can result in serious consequences. In the state of Mississippi, domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, stalking, kidnapping, even putting someone in fear of an assault, or any criminal offense resulting in physical injury or death of one family or household member. If you have been accused of domestic violence, it is crucial to have an experienced criminal defense attorney on your side who will guide you through the process and obtain the best possible results for your case.

The criminal defense attorneys at the Carmody Law Firm will work quickly to help develop a personalized defense strategy for your case. We plan for the worst while we try for the best outcomes.