Mississippi Criminal and Family Law Blog

The DUI Stop, Is it Time to Cut Bait or Fish?

Published on: October 24, 2022 | by Vic Carmody Jr., P.A.

Things You Must Not Say or Do When Stopped for A DUI!

There are many things that people should consider when being pulled over for a driving under the influence charge. It always helps to be respectful, obey any of the officer’s legal commands, and try to say and do as little as possible during the police encounter. Now, it is true that abiding by these guidelines does not always mean that the officer will treat you with the same kind of respect, but it will at least not start the police stop on a bad foot. Beyond that, the circumstances of every encounter will be different, and uniformity cannot always be the expected outcome. There are a couple for sure things that should never be done during a traffic stop.

Not the Time to Dance

Gun Crimes are Steady on the Rise in Mississippi

Published on: October 21, 2022 | by Vic Carmody Jr., P.A.

The U.S. Constitution’s Second Amendment grants American citizens the right to bear arms. However, with that right comes certain responsibilities to use the gun appropriately. In the U.S., theft is the most common property crime, and assault is the most common violent crime.

According to the Centers for Disease Control and Prevention, Mississippi has had a higher gun mortality rate than any other state in the country. In 2020, Mississippi had a death rate of 28.6%, and with all of the gun related deaths that are on the news, it is likely that this number hasn’t decreased since 2020.

The Most Common Gun Crime Charges in Mississippi

What Happens if You Buy or Sell Fake IDs in Mississippi?

Published on: October 17, 2022 | by Vic Carmody Jr., P.A.

Fake IDs are more common today than ever before. While some might argue that there is nothing wrong with a high school student using a fake ID to buy a six-pack of beer, this is still against the law. If Mississippi were to become lenient on this area of the law, we would soon be overwhelmed by fraud and deception. These laws exist because there are criminals out there who want to commit much worse crimes than simply buying a six-pack of beer while underage. A fake ID can allow you to steal someone’s identity, access prohibited areas, or even carry out terror attacks.

So, what are the crimes associated with buying a fake ID in Mississippi? Is it true that you can go to jail if you were simply trying to purchase alcohol while underage? What happens if you are caught running a fake ID operation? What if you are engaging in identity theft?

Examples of Fake ID Crimes

“Lock’em Up” Mississippi’s New State Slogan

Published on: October 14, 2022 | by Vic Carmody Jr., P.A.

According to Mississippi Today, more people are being placed in prison in Mississippi per capita than any state or nation, including China, Russia, and Iran, according to the world population review.

Across the U.S., the number of those in prison in the U.S. is 16% lower today that before the pandemic, according to the vera institute of justice, but Mississippi’s rate is skyrocketing, rising more than 1,500 in less than six months. That population now exceeds 18,000—the highest rate since April 2020. “We have perfected throwing people away for long periods of time, and yet after decades and decades of this approach, Mississippians are more fearful about violent crime than any time i can remember” said cliff Johnson, director of the Macarthur Justice Center at the University of Mississippi School of Law.

How Many Inmates are Incarcerated in Mississippi?

Drinking Booze and Driving Boats Don’t Mix

Published on: October 10, 2022 | by Vic Carmody Jr., P.A.

Boating Under the Influence

A hot summer day under the sun, while boating on the lake, can be one of the best experiences a person can enjoy and is often regarded as a classic American pastime. Often, these experiences are accompanied by fun, good food, and possibly alcohol. However, these joyous experiences can quickly turn negative when the operator of the boat is arrested for boating under the influence. Operating any vehicle while under the influence, either on land or water, is extremely dangerous and could result in serious injury or death. However, even if no one is physically harmed, the watercraft operator could be faced with fines, possible jail time, and loss of boating permit, if they are found to be boating under the influence.

Operating a vessel on Mississippi public waters while intoxicated is a serious offense with potentially serious legal consequences. The Mississippi Alcohol Boating Safety Act has made it unlawful to operate a watercraft on the public waters of the state of Mississippi while under the influence of intoxicating liquor or any other substance which has impaired the person’s ability to operate a watercraft. Much like while operating a motor vehicle, there are potential long-lasting penalties if convicted of boating under the influence.

I Was Not Driving and Still Got a DUI?

Published on: October 7, 2022 | by Vic Carmody Jr., P.A.

Alcohol consumption in Mississippi and the United States in general is a time-honored tradition. However, as with anything, overindulging in alcohol or being irresponsible when consuming alcohol can lead to both personal and legal problems. Far too often, when adult beverages are consumed, many people still decide it’s “ok” to drive home. Additionally, there are those who instead choose to “sleep it off” in their vehicle. Though not driving is definitely a better option, sleeping after drinking while behind the wheel, even on private property, can still result in a DUI arrest.

Why Can’t I “Just Sleep It Off?”

It is a common misconception across the county that if you are intoxicated, you can “sleep it off” in your vehicle and be safe from a Dui arrest. Anyone’s vehicle can be stopped, the transmission put in park, and the engine turned and can still be arrested for a dui. Nation-wide there are states that recognize this as the “Shelter Doctrine”; i.e., I suddenly feel that I can no longer drive and I have pulled off the road to seek shelter in my vehicle. However, in most states like in Mississippi, this “shelter doctrine” is not recognized as a defense to driving under the influence.

“Rin Tin Tin” is Your Furry Friend, Think Twice Before Injuring a Police Animal

Published on: October 3, 2022 | by Vic Carmody Jr., P.A.

Most people around the world treat and value animals with dignity and respect. This is especially true for pet owners or owners of service animals. Service animals in particular, hold a high regard in the community whether they are personal service animals to assist in daily life, or if they are police agency service animals. Most people are familiar with animals being used to help police and other agencies do their job. However, some are unaware that if you injure one of these police service animals, there are heavy consequences that may follow.

In August 2022, a 19-year-old police horse named Eton, was struck by a drunk driver for the second time in Wilmington, North Carolina. Eton, a 16-year police veteran, is known for boosting the departments work in public relations as well as crowd control. The horse only had minor injuries in both instances and thankfully the horse is ok and back on the job. However, the driver not only had the dui to worry about, but also a potential felony for injuring a police service animal.

https://www.newsweek.com/police-horse-hit-drunk-driver-second-time-16-year-career-north-carolina-1741194

Sex Crimes- Talking Yourself Right into Prison

Published on: September 30, 2022 | by Vic Carmody Jr., P.A.

In today’s time of victim empowerment where the police, prosecutors, and even juries are flipping the due process and fairness by presuming the credibility of the accuser in sex crimes cases. You will be presumed guilty simply by being charged with a sex crime. Your silence is more important than ever when charged or investigated with a sex crime. Never agree to speak with police or detectives before consulting with an experienced criminal defense lawyer. Even then, there is virtually no scenario where an offender should agree to speak with law enforcement about sex crimes accusations. Your reliable alibi or mistaken identity simply means nothing and you will not be believed.

Why Should an Offender Refuse to Talk to Law Enforcement in any Sex Case Investigation?

The reason criminal defense lawyers advise against speaking to police in sex crimes cases is because law enforcement officers seldom reach out to a suspect to rule him out. Instead, their motivation is to gather evidence to charge or convict suspects. This is because they do not care about the accused’s “side of the story” until they have interviewed the accuser (usually several times) and, in most instances, deemed his/her credible. More often than not, the result of speaking with the police is that the information given inadvertently supplies details that the police are seeking to use to help charge or convict the accused. The police or investigators are often looking for statements such as: “yes, I was with her but I didn’t do anything”; or “yes, we had sex, but it was consensual”; or “I can’t recall because we were both drinking”. While meant to profess innocence, such statements are more likely viewed as admissions to help build or provide evidence of the sex crime. At the same time, nerves, faulty memory, pressure, and intimidation can, and do, result in misstatements or inconsistencies which the police will use as evidence of untruthfulness. In short, the police are not your friends and are not looking to help you. They are instead motivated to make and prove their case, and let the jury decide.

Truth Without Consequences

Published on: September 26, 2022 | by Vic Carmody Jr., P.A.

Folks will lie to get what they want if they think they can get away with it. It may seem completely unbelievable to the average person but there are people out there that have no hesitations about accusing others of molestation or rape. Although official numbers have never been accurately determined, there are estimates that accusations of a crime as serious as sexual molestation or rape are falsified or exaggerated by up to 40%. The question then becomes why would someone want to lie about being molested or sexually assaulted.

There are three main reasons why false molestation or rape accusations come about, such as:

Monetary gain: Based on the details of the case and the emotional and physical harm allegedly inflicted, a judge may order restitution be paid by the offender to the “victim.”

Shoplifting Crimes are on the Rise in Mississippi

Published on: September 21, 2022 | by Vic Carmody Jr., P.A.

Not all crimes are created equally, but they can all potentially result in serious consequences for an offender, including fines, probation, jail time, and a criminal record. Shoplifting is one of those crimes that people often view as a minor, non-violent criminal offense. Stealing a snack from a convenience store may not be thought of on the same level as robbery, but it can result in the offender having to deal with extreme consequences in the state of Mississippi.

Mississippi Shoplifting Laws

Before we get into the potential consequences of shoplifting, let’s define what it means.