Mississippi Criminal Law Blog

What Is a Habitual Offender? A habitual offender is a person whose prior criminal convictions trigger a longer sentence under a state or federal repeat-offender law. Most states – including Mississippi – have habitual-offender laws. These laws raise the penalty for a defendant with a qualifying record of prior felonies. The habitual offender label can…

What Is the Crime of Mayhem? Mayhem is a violent criminal law offense. It involves intentionally disfiguring, dismembering, or disabling another person's body. It ranks among the oldest charges in Anglo-American criminal law. A conviction may carry years of imprisonment. The crime of mayhem traces its roots to English common law. Courts originally designed the…

What Mississippi's Unnatural Intercourse Statute Says Mississippi's unnatural intercourse statute is the state law long called the "sodomy" law. On its face the statute carries a serious penalty. A conviction can result in imprisonment in the penitentiary for up to ten years. That penalty reaches only conduct the statute may still constitutionally punish, because Lawrence…

What Does Pandering Mean? Pandering in criminal law generally means procuring, soliciting, or arranging another person to engage in prostitution or related sexual conduct. The benefit goes to a third party. The meaning of pandering in criminal law is narrow and specific, and it differs sharply from the common use of the word. In common…

What Is Criminal Trespass in Mississippi? Criminal trespass in Mississippi means entering or remaining on another person's property without permission or legal authority. Mississippi law does not have a single unified trespass statute. Instead, several provisions under Mississippi Code Title 97 criminalize different types of trespassing conduct. Four sections cover most trespass charges in Mississippi:…

Understanding What "Beating" a DUI Really Means No lawyer can promise a result in a DUI case. Every case turns on its own facts, on how strong the evidence is, and on how the court applies the law. Under Mississippi Rule of Professional Conduct 7.1, lawyers may not create unjustified expectations about outcomes. Be careful…

What Is a Pretrial Hearing? A pretrial hearing is a court proceeding held before trial where the judge addresses procedural matters, evidentiary disputes, plea negotiations, and case-management issues. It is distinct from an arraignment – where the defendant enters an initial plea – and from the trial itself, where a jury or judge decides guilt.…

What Is a Motion of Discovery? A motion of discovery is a formal written request filed by the defense in a criminal case. It asks the prosecution to turn over evidence it plans to use at trial. It also requests exculpatory material – evidence favorable to the defense. The terms "motion of discovery" and "motion…

Can You Get a Felony Expunged in Mississippi? In Mississippi, certain felonies can be expunged under state law. But eligibility is limited. You must file a petition in the court where the conviction occurred. Under Mississippi law, a person convicted of a felony may petition for expungement of one conviction from all public records. Not…

What Counts as a Probation Violation in Mississippi? A probation violation is any failure to follow the terms of probation set by a Mississippi court. The judge who sentenced you sets those terms. The judge can also change them at any time while you are on probation. Breaking even one term can bring serious results.…