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When a marriage is breaking down and it becomes obvious that divorce may be approaching, it can be emotional and overwhelming for everyone involved. However, there are several things that spouses can do to prepare for divorce if they know that they are likely headed in that direction. It is never a bad idea to prepare ahead of time so that the divorce process runs as smoothly as possible. 

 Basic Divorce Requirements 

 The first part of starting the divorce process is determining whether you meet the state residency requirement. To file for divorce in Mississippi, you must be a Mississippi resident for at least six months at the time of filing. Most people satisfy this condition easily, but if you have not lived in Mississippi for at least six months, you may need to wait until that six-month period has passed. Residency may be proved in many ways including but not limited to filing for a homestead exemption, registering to vote, purchasing an in-state drivers’ license, and so on.  

You may be familiar with the insanity defense for those charged with a serious crime like murder, rape, robbery and other crimes that carry the death penalty, but you may not understand how it works. A defendant may be found not guilty by reason of insanity for serious crimes. However, what the outcome of such a ruling is that the Defendant is not insane. An insanity defense does not claim that a defendant is innocent, but rather that they did commit the criminal act, but are not legally culpable (viable) for their conduct because of their poor mental health. 

Mississippi’s rules of criminal procedure are very clear that a person’s competency to stand trial is completely separate from whether a person was sane at the time of an alleged defense. Both competency and sanity require that there be a mental evaluation of the defendant. But whereas a competency evaluation determines whether the client understands the nature and seriousness of the crime, a sanity evaluation goes much deeper. It is at the sanity evaluation stage that an inexperienced lawyer fails to consider.  

The biggest problem with asserting insanity, and therefore having a sanity evaluation, is that to assert the defense, a defendant and his lawyer are effectively admitting that the person committed the crime, but that the defendant suffered from such a mental disorder that they could not understand the gravity of their actions or the consequences. Not only that, but when the person goes for their mental evaluation, they must reveal all of the details of the underlying crime, and that information must be turned over to the prosecution if the lawyer continues to assert insanity as his client’s defense.  

There are two types of divorce in Mississippi: Irreconcilable Differences divorce (sometimes called “ID divorce”) and Contested or Fault-Based divorce. The type of divorce you choose depends on whether or not you and your spouse can agree to a divorce. If you and your spouse cannot agree to a divorce, one spouse must prove the other is guilty of marital fault such as adultery, untreated addiction, or domestic violence. 

 Irreconcilable Differences Divorce 

 Irreconcilable differences (ID) divorce is also sometimes called uncontested divorce. This type of divorce is used where both spouses agree that they want to get a divorce. If one spouse does not want a divorce and will not agree to the divorce, ID divorce cannot be used, and the spouse who does want the divorce will have to file for fault-based divorce. Sometimes, a couple will agree that they both want to get a divorce, but cannot agree on certain terms like child custody or how to divide the marital property. In this type of situation, the couple can still file for irreconcilable differences divorce as long as they agree that the court will determine any remaining terms of disagreement.  

In the practice of law, defendants have the option of pro se (Latin for “on behalf of themselves”), Meaning they represent themselves in a civil or criminal case in court. Although this practice can save the offender the cost of hiring an attorney, the results are almost always disappointing and leave offenders wishing that they had retained a qualified attorney. Pro se defendants rarely win, and it’s not hard to see why. Oftentimes attorneys can turn to current court decisions to help them answer difficult questions regarding the law. Let’s see what the courts have to say about this issue of offenders deciding to represent themselves in court on criminal charges. The assistance of counsel is essential to putting your best foot forward on your day in court. United States v. Gonzalez -Lopez, 548 U.S. 140 (2006). The Court’s decision stated that representation by counsel is critical to the ability of the adversarial system to produce just results. Strickland v. Washington, 466 U.S. 668 (1984). The untrained defendant is in no position to defend himself, even when there are no complexities surrounding the defendant’s case. State v Sugar, 417 A.2D 474 (1980). Without the guiding hand of counsel, an innocent defendant may lose his or her freedom because he or she does not know how to establish his or her innocence.  

 As one can clearly see, our courts say that offenders should seek counsel when dealing with issues in court. Our attorneys at the Carmody law firm believe in the importance of the right to counsel and will work zealously to defend your rights in court.  

 What Are Some Advantages of Hiring a Qualified Criminal Defense Attorney?  

Mississippi is known for many things, including blues music, agriculture, and catfish. But the Magnolia State is also earning a somewhat less impressive reputation for incarcerating more people than any other place on the planet. Mississippi even beats highly authoritarian nations such as North Korea, believe it or not. Why is this, and what can you do if you are one of the many people who face prison or jail time in this state? 

If you are facing the possibility of incarceration, get in touch with a defense attorney as soon as possible. Although enlisting the help of a public defender is always an option, a private defense attorney is usually highly motivated and less likely to accept plea deals. This increases the chances of you avoiding incarceration altogether. No matter what you choose to do, the most important thing is to act quickly and start developing a defense strategy as soon as possible.  

Mississippi Has More Inmates Per Capita Than Any State or Nation 

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 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 

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? 

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. 

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 

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