Mississippi Criminal Law Blog

Possible Defenses to Bigamy

Published on: June 14, 2021 | by Vic Carmody Jr., P.A.

The above incident shows how normal citizens may unwittingly commit bigamy. This man legitimately believed that his casino wedding had no legal basis, and this is an understandable point of view in many ways. In order to get married in Mississippi, you need to go through a lengthy process to get a marriage license from a court, which takes at least 24 hours.

The exact wording of the law against bigamy suggests that intent is important. In order to commit bigamy, you have to actually be aware of what you are doing. On the one hand, the man might be able to argue that he was not of sound body and mind when he committed to the first marriage, having been heavily intoxicated at the time. He might also argue that he had a reasonable belief that this marriage was not legally binding.

An Example of Bigamy

Published on: June 14, 2021 | by Vic Carmody Jr., P.A.

In June of 2021, it was reported that a man in Jacksonville was facing bigamy charges after it was revealed that he had married two different women in the past. In his defense, the man stated that his first marriage was at a casino when he was heavily intoxicated. He was under the impression that the casino marriage was not legally binding, and he described it as a “tourist novelty.”

Unfortunately, the marriage was in fact legal. When he married another woman in 2020, he technically committed bigamy. His first wife actually tried to get a divorce multiple times, but she could not locate him. This meant that she could not serve him with the divorce papers. In addition, his second wife found out about his previous marriage and called the police, reporting this to the authorities. The man was then arrested and charged with bigamy.

Penalties for Bigamy in Mississippi

Published on: June 14, 2021 | by Vic Carmody Jr., P.A.

Mississippi is one of many states in the United States with strict penalties for the crime of bigamy. If you engage in bigamy in Mississippi, you face up to 10 years in prison

Is Bigamy Legal in Mississippi?

Published on: June 14, 2021 | by Vic Carmody Jr., P.A.

Bigamy is the act of marrying someone while you are still legally married to someone else. In Mississippi, Bigamy is not legal, and you might be surprised at the legal consequences that can arise from this crime. While Mississippi is much more progressive and modern than it was a few decades ago, the state still looks upon these kinds of offenses with a relatively strict mindset.

If you have been charged with bigamy in the state of Mississippi, it is probably a good idea to get in touch with a qualified, experienced criminal defense attorney as soon as possible. With an attorney by your side, you can fight for your rights in an effective manner and pursue a positive legal outcome.

A Constitutional Loophole

Published on: May 26, 2021 | by Vic Carmody Jr., P.A.

Under normal circumstances, the people of a state would vote on an issue, and new laws would be passed. But this did not happen when Mississippi citizens voted in favor of marijuana legalization. Due to a strange constitutional loophole, lawmakers and citizens alike have been left scratching their heads. Back in November, citizens supported the legalization of medical marijuana.

But in May of 2021, the Mississippi Supreme Court ruled in favor of a man who sued the state over the implementation of the ballot initiative. Now, questions are being raised as to whether or not the medical marijuana dispensaries will even open as expected this year.

Why is this happening? The exact laws on ballot initiatives are quite simple. They become valid if whoever registers the proposal can get one-fifth of their signatures from each of the state’s five congressional districts. There is only one problem: Mississippi only has four congressional seats. This means that it is constitutionally impossible to validate any ballot initiative. The court’s justices accepted that the situation was difficult, but they said that they were forced to follow the law as it had been written.

New Court Decision Leaves Voters Guessing About Marijuana Legality

Published on: May 26, 2021 | by Vic Carmody Jr., P.A.

Voters have spoken in Mississippi, and the prospect of legalizing marijuana is clearly an attractive one. By legalizing this drug, Mississippi would join many other states in the nation that have decided to allow responsible citizens to enjoy marijuana recreationally without fear of legal action. However, it seems like the will of the people and the legislative branch are not acting in unison. Despite support from voters, Mississippi does not look like it is getting any closer to legalization.

If you are facing criminal charges because of marijuana possession, you are likely frustrated and concerned about your future. While the state delays over this monumental decision, you may be facing serious consequences in the short term. The only thing you can do in this situation is hire a qualified, experienced criminal defense attorney. We will help you fight for your rights and avoid needless penalties.

Will My Child Go to Jail for Cyberbullying in Mississippi?

Published on: May 24, 2021 | by Vic Carmody Jr., P.A.

Cyberbullying is a serious offense in Mississippi, and state legislators impose harsh penalties on those who are guilty of this crime, regardless of their age. These penalties have become more strict in recent years, and as a result, more people are being charged with cyberbullying. What will happen to your child if they are charged with this crime? Could they be sent to jail?

If your child has been charged with cyberbullying, you need the help of a qualified, experienced criminal defense attorney in Mississippi. Although you might assume that this is just “kids being kids,” the state may take this crime much more seriously than you would expect. A Mississippi criminal defense attorney can help ensure your child’s rights and future are protected.

What are the Penalties for Cyberbullying?

Published on: May 24, 2021 | by Vic Carmody Jr., P.A.

An act of cyberbullying against a student is a misdemeanor in Mississippi, and it traditionally results in a fine of up to $500 and a jail sentence of up to six months. However, the case is handled by the juvenile court when a defendant is younger than 17.

Stalking is another related crime and this misdemeanor can result in a one-year jail sentence and a fine of up to $1,000. Aggravated stalking is a felony that may result in a five-year prison sentence. Once again, different sentences may apply if the defendant is younger than 17. However, this crime also has the potential to become more serious if the victim was younger than 18 years old.

Cyberstalking can be even more serious than stalking in the state of Mississippi. If convicted, your child faces a felony conviction and a prison sentence of up to two years.

Mississippi’s Urine Ban

Published on: May 19, 2021 | by Vic Carmody Jr., P.A.

While it might not be illegal to attempt to cheat on a drug test in the Magnolia State, it is illegal to help others cheat. There is actually an entire industry built around helping people cheat on drug tests. A simple online search will reveal plenty of websites and companies that sell “detoxifying” substances designed specifically to help people hide their drug use.

In Mississippi, the state has focused on one specific aspect of this test-cheating industry — the sale of human urine. There are certain companies that market real or fake human urine that helps individuals pass drug tests. In 2021, Mississippi introduced a new law that would ban the sale of real or fake human urine. You can also be found guilty of this crime if you simply give away your urine. The first offense comes with a fine of $1,000 and up to six months in jail. Repeat offenders can face up to three years in jail.

There are No Federal Laws Against Cheating on a Drug Test

Published on: May 19, 2021 | by Vic Carmody Jr., P.A.

Currently, there are no federal laws that make it illegal to cheat on a drug test. Some studies suggest that up to 10% of all drug samples have been altered in some way, which means that the number of drug users who are getting away with their habit is actually quite high. While the federal government is not really doing anything to address this issue, individual states are. States like Texas, South Carolina, and Oregon have made it illegal to cheat on a drug test, and guilty individuals can face significant fines and even jail time. However, Mississippi is not one of these states, and cheating on a drug test is still legal.