MS Criminal Laws

Sit Down and Shut Up! Protecting Your Fifth Amendment Rights

Published on: April 22, 2025 | by Vic Carmody Jr., P.A.

When it comes to criminal law, one of the most important parts of the U.S. Constitution is the Fifth Amendment. This amendment helps protect people who are accused of crimes and makes sure they’re treated fairly. In this post, we’ll break down what the Fifth Amendment means and why it matters so much.

The Right to Stay Silent

The Fifth Amendment gives you the right to remain silent when the police or government ask you questions. This is called the right against self-incrimination. It means you don’t have to say anything that might be used against you in court. You’ve probably heard someone say, “I plead the Fifth.” That’s what they’re doing—using their right to stay silent. This protection applies during police questioning, before trial, and even during the trial itself. And most importantly, the government can’t assume you’re guilty just because you don’t want to talk. This helps stop people from being forced or pressured into saying things that aren’t true or that could hurt their case.

Understanding the Statute of Limitations in Mississippi Criminal Law

Published on: April 15, 2025 | by Vic Carmody Jr., P.A.

Statutes of limitations play a crucial role in the criminal justice system. They set the time limit for prosecutors to bring criminal charges. In Mississippi, the statute of limitations varies depending on the nature of the crime. While certain serious offenses like murder and rape have no statute of limitations, others have specific timeframes within which charges must be filed. When a crime has no statute of limitations the prosecutor can bring a charge any time after the alleged crime has been committed. Attorneys can make the statute of limitations work for their clients by getting cases dismissed, if that time limit has passed. In Mississippi, the statute of limitations for criminal cases is outlined in Section 99-1-5 of the state’s legal code. The timeframes to charge crimes as set out in this statute differ depending on the specific offense.

Offenses with No Statute of Limitations

Crimes such as murder, manslaughter, rape, arson, burglary, aggravated domestic violence, and certain sex crimes have no statute of limitations. This means that prosecution can be initiated at any time, regardless of how much time has passed since the alleged incident.

How Do I Protect Myself from a Threat of Physical Harm? Seeking a Protection Order in Mississippi

Published on: April 11, 2025 | by Vic Carmody Jr., P.A.

If you’re facing threats of physical harm in Mississippi, you have legal options to protect yourself. One of the most effective tools is a protection order, sometimes referred to as a restraining order. Mississippi law offers protection orders based on the nature of the threat and your relationship to the individual involved. Below is an updated and accurate guide to help you understand how the process works in Mississippi. However, legal matters can be complex, and it is always best to consult a qualified attorney for personalized advice.

1. Gather Essential Information

To strengthen your petition, you’ll need to gather the following information: full names, addresses, and phone numbers for both you (the petitioner) and the respondent, and detailed incident documentation. Be sure to include specific accounts of abuse, threats, harassment, or violence. Include dates, times, locations, and any evidence such as text messages, photos, police reports, or witness statements.

High Blood Sugar Could Cause a D.U.I. Conviction

Published on: April 9, 2025 | by Vic Carmody Jr., P.A.

Law enforcement officers commonly use breathalyzer tests to determine the level of intoxication in individuals suspected of driving under the influence (DUI). Many people believe that these tests are foolproof and always accurate. However, diabetes, a common medical condition, may lead to false positive results on breathalyzer tests. In this blog, we will explore the hidden link between diabetes and breathalyzer tests, shedding light on how high and low blood sugar levels in individuals with diabetes can impact the results of these tests, leading to wrongful DUI charges.

How High Blood Sugar Affects Breathalyzer Test Results

Diabetes is a condition that affects the body’s ability to produce or use insulin, a hormone that regulates blood sugar levels. When blood sugar levels are too high, individuals with diabetes may exhale a chemical called acetone. Acetone can also convert into other chemicals that resemble isopropyl alcohol, which is the type of alcohol detected by breathalyzer tests. As a result, individuals with high blood sugar levels may trigger a false positive on a breathalyzer test, indicating a higher blood alcohol content (BAC) than their actual consumption.

What is Bail and How Does it Work?

Published on: December 17, 2024 | by Vic Carmody Jr., P.A.

Bail is a financial arrangement that allows a person who has been arrested and charged with a crime to be released from jail while awaiting trial. The purpose of bail is to ensure that the defendant will appear in court for all required hearings and proceedings. If the defendant fails to appear, they forfeit the bail amount, and a warrant may be issued for their arrest.

In Mississippi, the process of bail and the specific rules surrounding it can vary depending on the offense, the severity of the crime, and the defendant’s criminal history. Here’s a general overview of how it works:

Initial Arrest and Bail Hearing:

Post-Conviction Relief in Mississippi: A Path to Correcting Wrongful Convictions

Published on: December 13, 2024 | by Vic Carmody Jr., P.A.

In Mississippi, as in other states, a conviction is not always the final word on an individual’s guilt or innocence. Post-conviction relief (PCR) can offer an essential legal remedy for those who have been wrongfully convicted or sentenced. This process allows individuals to challenge their convictions after their trial is over and the appeal process has been exhausted, providing an opportunity to correct errors or injustices that may have occurred during their trial.

What is Post-Conviction Relief in Mississippi?

Post-conviction relief (PCR) in Mississippi is a legal process that allows individuals who have been convicted of a crime to challenge their conviction after the trial is over and their initial appeal (if any) has been decided. PCR in Mississippi is governed by Mississippi Rule of Appellate Procedure 22, and it provides a mechanism for raising issues that were not available during the original trial or direct appeal.

Silence is Golden: Understanding and Exercising Your Right to Remain Silent

Published on: November 18, 2024 | by Vic Carmody Jr., P.A.

The right to remain silent is a crucial protection that individuals have when facing criminal accusations. It is enshrined in the Fifth Amendment to the United States Constitution and ensures that individuals are not compelled to provide testimony that could incriminate them.

When individuals are being questioned by law enforcement officials, they can invoke their right to remain silent and refuse to provide statements. This protection gives them the assurance that they cannot be coerced into providing evidence against themselves.

Invoking the right to remain silent is particularly important when facing criminal charges. Law enforcement officials and prosecutors can use everything an individual says – even seemingly harmless statements – to build a case against them. Officials might twist an individual’s words to fit their narrative and obtain the evidence they seek.

The State of Murder in the U.S.: A Look at 2024 Homicide Trends and Statistics

Published on: November 14, 2024 | by Vic Carmody Jr., P.A.

The issue of murder in the United States is one that captures national attention, especially during times of crisis or when high-profile cases make headlines. But behind the sensational stories and media coverage is a complex, often troubling trend that reveals a lot about the state of violence, crime, and public safety in the U.S. In this post, we’ll dive into the latest U.S. murder statistics, explore the trends over recent years, and look at the factors that contribute to the country’s homicide rates.

Murder in the U.S. by the Numbers

As of the most recent available data, the murder rate in the United States remains alarmingly high, though it’s important to note the fluctuations over time. According to the FBI’s Uniform Crime Reporting (UCR) Program, the U.S. murder rate in 2021 was around 6.9 homicides per 100,000 people. This was essentially on par with the previous year, though it still marked a significant increase from the previous decade.

Understanding the Felon in Possession of a Firearm Law in Mississippi

Published on: November 7, 2024 | by Vic Carmody Jr., P.A.

In Mississippi, the issue of felons possessing firearms is a significant legal topic that has garnered attention due to its implications for public safety and individual rights. Understanding the laws surrounding this matter is essential for both residents and those interested in the legal landscape of the state.

What Does the Law Say?

Mississippi law prohibits individuals with felony convictions from possessing firearms. This is governed by both state law and federal regulations, which aim to reduce the potential for gun violence by limiting access to firearms for those with a history of serious crimes.

Defenses to Domestic Violence Charges in Mississippi

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

Domestic violence may be a common offense in Mississippi, but it is also one with serious potential consequences. If you have been accused of domestic violence in Mississippi, you might be wondering how you can defend yourself against such allegations. In truth, there is no single “best” defense strategy in regard to domestic violence allegations. The most effective approach depends entirely on your unique circumstances, and you may need to discuss your situation alongside a defense lawyer before moving forward. That said, numerous defense strategies have the potential to provide results for domestic violence defendants – and they may all be worth considering.

Insufficient Proof

The first thing you must understand about domestic violence allegations in Mississippi is that the accuser has the burden of proof. This is true with all criminal cases in the Magnolia State, and it means that you are innocent until proven guilty beyond reasonable doubt. If the alleged altercation occurred behind closed doors and with no other witnesses, it becomes very difficult to prove that the incident ever occurred at all. “He said, she said” evidence does not stand up to scrutiny in court, and you are perfectly justified in exercising your right to remain silent. If the prosecution fails to establish that you committed some form of domestic violence beyond reasonable doubt, the court should have no choice but to drop all charges against you.