MS Criminal Laws

Beyond the Gavel: Fighting for Justice through Criminal Appeals

Published on: June 13, 2023 | by Vic Carmody Jr., P.A.

The appeals process can be a complex and lengthy legal process. It involves asking a higher court to review the lower court’s verdict and determine if there were any legal errors made during the initial trial that could have impacted the outcome of the case.

To start the appeals process, the defendant must file a notice of appeal within a specific timeframe (usually 30 days) of the lower court’s judgment. This notice secures the right to appeal and initiates the process of assembling the trial record, which includes all the relevant documents, transcripts, and exhibits from the initial trial. This record is important because it provides the appellate court with a complete understanding of the events that took place during the trial.

Once the trial record has been assembled, the defendant’s lawyer will review it and identify any potential errors that occurred during the trial that may have impacted the verdict. Common grounds for appeal may include:

Mississippi State Trooper Charged after Allegedly Shooting and Killing Neighbor’s Dog

Published on: June 12, 2023 | by Vic Carmody Jr., P.A.

According to WLBT-TV, a Mississippi State Patrol trooper is currently under investigation in Calhoun County, Mississippi for the alleged killing of his neighbor’s dog. The neighbors are accusing the trooper of shooting and ultimately killing their 9-year-old dog. It has been reported that the trooper is currently on administrative leave without pay pending the outcome of the investigation. According to investigators, the trooper has since been charged with aggravated cruelty to an animal, specifically a dog.

How Does Mississippi Define Aggravated Cruelty to a Dog?

The Mississippi legislature enacted the “Mississippi Dog and Cat Pet Protection Law of 2011” to provide for the protection of domesticated dogs and cats which serve as the loyal and beloved pets citizens of the state of Mississippi. Under this law, if a person intentionally tortures, mutilates, maims, burns, starves to death, crushes, disfigures, drowns, suffocates, or impales any domesticated dog or cat, or causes another person to do the same, then he or she will be guilty of the offense of aggravated cruelty to a domesticated dog or cat.

Walmart Arsonist Gets Double the Normal Sentence

Published on: June 7, 2023 | by Vic Carmody Jr., P.A.

Arson is a serious offense in Mississippi, and you can expect stiff penalties if you are convicted of this crime. But your penalties depend on various factors, including the judge’s approach to your case. Some judges act in a predictable manner, while others make decisions that seem to go against patterns set by past arson cases. Such was the case when a Walmart arsonist received double the recommended sentence in Mississippi.

But why did this arsonist receive a sentence that was so different from the recommendations of the prosecutors? What made this judge act in such an unpredictable manner? At the end of the day, this is simply the unpredictable nature of the justice system. Sometimes, things just do not turn out the way we expect them to. On the other hand, all defendants can pursue more predictable and positive results by working with qualified, experienced criminal defense attorneys in Mississippi.

Arsonist Gets 18 Years in Federal Prison for String of Targeted Walmart Attacks

What to do if you’ve been stopped by the Police

Published on: June 5, 2023 | by Vic Carmody Jr., P.A.

Police have one mission in their role as officers—to serve and protect. As officers of the law, we look to the police in times of need to help and keep us safe. For some, an encounter with the police may invoke feelings of nervousness or fear, regardless of circumstance. Here are some general things to know about being stopped by police regarding your rights.

If stopped in your car, here are some things to know. Officers cannot legally pull you over without probable cause. Probable cause means there is a very good reason to believe a person has committed a crime, or that evidence of a crime can be found in a specific space. Some examples of this include suspicious behavior that a driver is under the influence, swerving, or a clear violation of the law. If pulled over, it is important to comply with the officer and remember the stated reason for pulling you over.

When stopped, be sure to quickly pull your car over in a safe, well-lit place. You can pre-emptively roll down the window, and have your driver’s license, registration, and proof of insurance ready to show the officer should they ask. If an officer asks to look inside your car, you can refuse to consent to the search unless they have a warrant. However, if police believe your car contains evidence of a crime, your car can be searched without your consent. Same as being pulled over, officers must have probable cause to search your car, such as smelling drugs or alcohol, or seeing open beer bottles, firearms, or drug paraphernalia in plain view.

Demystifying Felony Murder in Mississippi

Published on: June 2, 2023 | by Vic Carmody Jr., P.A.

Introduction

Criminal law can often be challenging to comprehend, and felony murder is no exception. In this blog post, we aim to explain the felony murder rule in Mississippi without unnecessary complications. Felony murder differs significantly from “regular murder,” and prosecutors often pursue felony murder charges because they can be easier to prove. Moreover, felony murder can escalate to capital murder, carrying the potential for the death penalty or life imprisonment without parole.

Understanding Felony Murder

Down to the Wire – What is Wire Fraud and What are Mississippi Laws Surrounding It?

Published on: May 31, 2023 | by Vic Carmody Jr., P.A.

According to Forbes, a cast member of Bravo’s Real Housewives of Salt Lake City, was sentenced to six and a half (6.5) years in prison and five (5) years of supervised release after pleading guilty for the role she played in running a nationwide telemarketing fraud scheme. The cast member and her right-hand man were arrested in 2021 and charged with conspiracy to commit wire fraud in connection with telemarketing. The Department of Justice stated that the cast member “defrauded hundreds of victims” and “generated and sold ‘lead lists’ of innocent individuals for other members of their scheme to repeatedly scam.” The Department of Justice continued on to say that the cast member built her lavish lifestyle “at the expense of vulnerable, often elderly, working-class people.”

Wire fraud is quickly becoming an epidemic. According to an FBI report, in 2021, over $6.9 billion was lost to cybercrime, far surpassing the previous year’s by nearly $2 billion. Some common examples of wire fraud include but are not limited to online phishing scams, unauthorized payments, and telemarketing schemes.

What is Wire Fraud Legally Speaking?

Accused Of A Sex Crime? Shut Up And Lawyer Up!

Published on: May 24, 2023 | by Vic Carmody Jr., P.A.

If I’m Accused of a Sex Crime, Will It Make Me Look Guilty If I Hire a Lawyer?

This is a question a lot of people ask themselves when they are being investigated for, or they are arrested for sex crimes. Often times, they call our criminal defense attorneys to ask that very same question. Even if the crime they’ve been accused of isn’t a sex crime, like possession of an illegal drug, or assault, most people still wonder if they’re doing the right thing by hiring an attorney.

And why would they waste time wondering if they’re making the right choice by protecting themselves and exercising their Sixth Amendment rights? Why Should I hire an attorney if I did nothing wrong? The police will treat me fairly and I can just tell them my side of the story. They will surely know that I am innocent and drop these charges. This completely incorrect idea that only guilty people need legal help is repeatedly proven wrong. As with any kind of criminal case, having a good lawyer on your side is critical!

It Just is Not Me!! Exonerate Yourself from False Accusations

Published on: May 12, 2023 | by Vic Carmody Jr., P.A.

Exonerate Yourself from False Accusations

False accusations of sexual assault or molestation are a serious problem that can have devastating consequences for the accused individual. Although the actual prevalence of false accusations is difficult to determine, estimates suggest that up to 40% of sexual assault or molestation accusations may be false or exaggerated. The reasons why someone may falsely accuse another person of these crimes are varied and complex, and may include motivations such as monetary gain, advantage in a divorce case, or a desire to damage someone’s reputation out of jealousy or pettiness.

For someone who has been falsely accused of sexual assault or molestation, the situation can be incredibly overwhelming and traumatic. Not only must they contend with the emotional fallout of being falsely accused of a terrible crime, but they must also navigate the legal system to prove their innocence. This can be an incredibly daunting process, but with the help of an experienced and qualified criminal defense attorney, it is possible to gather the necessary evidence to support an argument of innocence.

Possessing Stolen Property In Mississippi

Published on: May 11, 2023 | by Vic Carmody Jr., P.A.

Two Teens Charged After Driving Stolen Truck and Causing Crash

According to WLOX, two teens are facing a slew of charges after crashing a stolen vehicle into a school bus in D’lberville and attempting to evade arrest. Reports indicate that the incident began when officers received an alert that a stolen 2021 Chevrolet Silverado was traveling eastbound on I-10. Around the same time the initial alert was put out, another officer in the area spotted a vehicle matching the description of the stolen truck and attempted to stop it. Rather than stopping, the vehicle accelerated which led to a pursuit. According to reports, the driver attempted to turn at a high rate of speed causing the said driver to lose control and crash into another driver, which subsequently struck a school bus. Both the driver and the passenger are under the age of 18, and were charged with receiving stolen property, minor in possession of a firearm, and simple possession of marijuana. The driver was also charged with eluding.

How Does Mississippi Define Receiving Stolen Property?

Capital Murder In Mississippi

Published on: May 5, 2023 | by Vic Carmody Jr., P.A.

Grand Jury Indicts 22-Year-Old on Capital Murder Charges

According to Mississippi Today, a Lafayette County grand jury indicted a 22-year-old Ole Miss graduate for the alleged murder of an LGBTQ+ student, Jimmie “Jay” Lee. According to a filing from the Lafayette County Circuit Court, the jurors indicted the young man on a charge of capital murder because he allegedly killed Lee while kidnapping him. The young man was originally arrested for the alleged murder back in July of 2022. Lee’s disappearance caught national attention during this time, in part because of the fear it sparked in Oxford’s tight knit LGBTQ+ community. Because of the severity of the charge, if convicted, the young man could potentially receive the death penalty. However, the young man and his family remain optimistic, as he continues to maintain his innocence.

How Does Mississippi Define Capital Murder?