Mississippi Criminal and Family Law Blog

Something for Nothing? – Shoplifting in Mississippi

Published on: February 16, 2023 | by Vic Carmody Jr., P.A.

Shoplifting remains one of the most frequent crimes committed by adults and juveniles in our country, according to the National Association for Shoplifting Prevention. In fact, approximately 1 in 11 Americans shoplift, and those individuals report that on average, they are caught only once for every 49 times they steal. Shoplifting is most commonly associated with younger teens who are perhaps in their rebellious years, but it can continue into adulthood. For example, many adult shoplifters report that their habit of shoplifting began when they were children, as it can be chronic and addictive.

Additionally, there were more than 548,000 shoplifting cases in 2021, a noticeable decrease from the 835,000 shoplifting cases in 2020, according to the FBI crime data report. Importantly, these are only representative of individuals who are caught shoplifting, and then subsequently turned in – meaning the numbers could potentially be much higher.

How Does Mississippi Define Shoplifting?

Super Bowl Sunday: Which Eagles Player Will Not be in Attendance?

Published on: February 10, 2023 | by Vic Carmody Jr., P.A.

A rookie player for the Philadelphia Eagles has been indicted on rape and kidnapping charges, according to Dave Zangaro with NBC Sports. The Eagles player, offensive lineman Josh Sills, was signed by the Eagles as an undrafted free agent out of Oklahoma State this past spring and is just finishing up his rookie season in the NFL. Sills played in just one game this season. He has been inactive for the Eagles’ two playoff games this season.

Sills was indicted by a Guernsey County (Ohio) Common Pleas Court grand jury on one count of rape and one count of kidnapping at the age of 25. Both charges are first-degree felonies. According to a press release from the Ohio Attorney General’s office, these charges stem from an incident that occurred in December 2019. The indictment says, “Sills engaged in sexual activity that was not consensual and held a victim against her will. The crime was immediately reported, and the Guernsey County Sheriff’s Office conducted a detailed investigation.” Sills has been placed on the Commissioner Exempt List by the NFL. While on the list, he will not be permitted to practice, play, or travel with the Eagles, but he will still be paid. Before the NFL placed Sills on this list, the Eagles released the following statement: “The organization is aware of the legal matter involving Josh Sills. We have been in communication with the league office and are in the process of gathering more information. We have no further comment at this time.”

The details of the incident from the alleged victim are graphic and some may find them triggering. A woman told police that a male, whom she later identified as Sills, dropped her and her cousin off at her cousin’s place, where they were staying. According to the woman, after her cousin exited the vehicle, Sills grabbed her by her ponytail and tried to kiss her. When another vehicle pulled up behind them, he grabbed her by her neck, throwing her down and getting on top of her so no one would see. The woman stated that she repeatedly told Sills to stop and to let her go inside, but he forced her to perform oral sex on him. The woman identified the man who did this to her as Sills, someone she had gone to high school with and has known for 7 or 8 years.

Don’t Let a Criminal Charge Impact Your Whole Life

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

Criminal charges and accusations are serious matters. Even something as simple as a traffic ticket can have a lasting impact on your business and your personal life. The Carmody Law Firm can help you by vigorously defending your case so that you can go back to living your life.

Our criminal defense lawyers have decades of combined experience, and our firm has been trusted in the state of Mississippi for well over 43 years. When it comes to criminal law, experience is everything – and our attorneys at the Carmody Law Firm have the experience necessary to protect your rights in any court room.

Why Do You Need a Criminal Defense Attorney to Help Defend Your Rights?

Former Ole Miss and NFL Football Player Arrested on Kidnapping Charge

Published on: February 3, 2023 | by Vic Carmody Jr., P.A.

A couple of weeks ago, Jerrell Powe, a former standout and six (6) year NFL player, appeared in court and was charged with kidnapping and conspiring to commit a crime. The Ridgeland Police Chief disclosed that the incident began in Laurel, Mississippi and ended after the alleged victim was able to contact Ridgeland police. According to WLBT-TV, the individual stated that he was not only kidnapped “against his will,” but “forced to withdraw” money at a local bank.

According to a spokesperson for Powe, however, the entire incident was the result of a scam. Apparently, Powe had loaned money to the alleged victim and was only trying to get his money back. Whether Powe believes he was in the wrong or not, the charges he faces are very serious and could carry severe consequences.

How Does Mississippi Define Kidnapping?

Domestic Violence in Mississippi

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

Valentine’s Day is right around the corner, and for some couples it isn’t always sunshine and roses. According to the National Coalition Against Domestic Violence (NCADV), one in three women and one in four men in the United States have experienced some form of physical violence at the hands of an intimate partner, also referred to as domestic violence.

What is Domestic Violence?

The United States Department of Justice defines domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence may be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior.

Attorney Seeks to Overturn Nevada’s Forfeiture Laws

Published on: January 27, 2023 | by Vic Carmody Jr., P.A.

Asset forfeiture allows police to seize money or other possessions that they think are connected to a crime. When Nevada lawyer John Fortin came across a woman who claimed her house had been wrongly seized by police in an asset forfeiture proceeding, not only did he see a woman who had been wronged; he saw a winnable case.

According to Jenna Greene at Reuters, in 2012 Elvin Fred settled a civil rights lawsuit against Carson City Sheriff’s Office deputies for allegedly beating him during a wrongful arrest. Elvin took the $60,000 that he won from the case and used it to buy a modest, one-story home. He was about $12,000 short, so his sister Sylvia supplied the balance to make the purchase in all cash. Three years later, in 2015, Elvin was charged with drug trafficking. He pleaded guilty and was sentenced to life in prison with the possibility of parole.

Before Elvin went to prison, he added Sylvia to the title of the home he had previously purchased. Sylvia did not live in the home, but she graciously took over paying property taxes and utility bills on behalf of the other family members who did live there. The state of Nevada initiated forfeiture proceedings to seize the house in 2015 but paused the matter while Elvin’s criminal case for drug trafficking proceeded. Not notified of the proceedings, the Fred family only learned about the forfeiture when sheriff’s deputies put an eviction notice on the front door. Representing herself, Sylvia protested the seizure of the home, but lost in the district court.

Historically Long Sentence for a Sex Crime

Published on: January 26, 2023 | by Vic Carmody Jr., P.A.

A man in Virginia just received what is believed to be the longest sentence in the history of Wythe County. One may wonder how many people he must have killed or what terroristic act he must have committed to deserve an historically long prison sentence. In fact, Curtis Spurlock is a sexual predator, not a murderer or a terrorist. He was found guilty of several sexual offenses committed against his own children, earning him a sentence of six consecutive life sentences with an additional twenty year sentence.

What to Expect During a DUI Traffic Stop

Published on: January 26, 2023 | by Vic Carmody Jr., P.A.

Getting pulled over by law enforcement can be nerve-wracking. Like many drivers at a traffic stop, you often may have no idea why an officer pulled you over or what will happen to you next.

When an officer starts asking questions about your activities earlier in the evening, you may worry that the next step will be a field sobriety test, especially if you were unsure if you were ok to drive. In general, there are three tests’ officers will use to decide if they should investigate the driver further.

What are the officers looking for during the three main field sobriety tests?

Police Department Under Fire in Wake of DUI Cover-Up

Published on: January 20, 2023 | by Vic Carmody Jr., P.A.

Recently, the police department of Portland, Tennessee came under fire for its handling of a routine DUI stop. One night, after pulling over a vehicle for driving without headlights on, officers began conducting a standard field sobriety test. During the test, officers noticed that the driver had slurred speech, glassy eyes, and smelled of alcohol. Based on standardized field sobriety test results, the driver failed. However, one of the officers noticed that the driver of the vehicle was a city employee. A short time later, the driver was picked up from the scene and driven home. No charges were filed and no arrest was made.

While unfortunate, this “cover-up” is not at all routine among the nation’s police departments. The rules that officers must follow when conducting a DUI traffic stop are incredibly strict. Failure to appropriately follow these rules can result in dire consequences. In the State of Mississippi, law enforcement follows these rules exceptionally well.

How Does Mississippi Define Driving Under The Influence?

What to Expect During a DUI Traffic Stop

Published on: January 16, 2023 | by Vic Carmody Jr., P.A.

Getting pulled over by law enforcement can be nerve-wracking. Like many drivers at a traffic stop, you often may have no idea why an officer pulled you over or what will happen to you next.

When an officer starts asking questions about your activities earlier in the evening, you may worry that the next step will be a field sobriety tests, especially if you were unsure if you were ok to drive. In general, there are three tests’ officers will use to decide if they should investigate the driver further.

What are the officers looking for during the three main field sobriety tests?