Mississippi Criminal and Family Law Blog

Jackson Announces New “Carjacking Task Force”

Published on: May 21, 2024 | by Vic Carmody Jr., P.A.

Authorities in Jackson are attempting to crack down on carjackings with a new task force. With this new development, it is likely that more suspects will be apprehended by police and charged with felonies. If you are facing carjacking charges in Mississippi, it is important to review potential defense strategies alongside a carjacking defense lawyer in Jackson. With help from legal professionals, you can push back against excessive penalties.

Department of Justice Announced New Carjacking Task Force in Jackson

In April of 2024, the Mississippi Department of Justice announced the formation of an official “carjacking task force” in the Jackson metro area. US Attorney Todd Gee explained:

Multiple High-Ranking Mississippi Officials Face DUI Offenses

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

As with all States, everyone is equal under the law in Mississippi. This includes not only average motorists but also Councilwomen, sheriffs, and other officials. In the past few weeks, many of these officials have been charged with DUI-related offenses, proving that no one gets special treatment. These defendants arguably face more serious consequences than average motorists due to the high-profile nature of their jobs. A single DUI offense can be enough to end a political or law-enforcement career. What can you do if you face a DUI charge in Mississippi?

Wayne County Sheriff Arrested for DUI and Reckless Driving

On March 11, 2024, it was reported that a former Wayne County Sheriff had been arrested on suspicion of drunk driving and reckless driving. Although this individual had previously retired from the force back in 2023, it is unlikely that he will ever return. The individual was spotted driving in what police say was a “reckless fashion” in Waynesboro. Police then pulled him over and concluded that he was driving under the influence.

What Happens When You Shoot at Officers During a Pursuit?

Published on: May 10, 2024 | by Vic Carmody Jr., P.A.

Many suspects exchange fire with police officers during pursuits in Mississippi. To some extent, it makes sense to shoot back at someone who is firing at you. However, things are very different if the person shooting at you is a police officer. The normal principles of self-defense may no longer apply in this situation, and you may face serious consequences for exchanging fire with the law. What can you do if you find yourself in this situation? How can you defend yourself from criminal consequences in the most effective way possible?

Man From Jackson Gets 10 Years for Shooting at Officers During Pursuit

In March of 2024, the Justice Department announced that a Jackson man had been sentenced to 10 years behind bars for his conduct during a high-speed pursuit. In 2021, the defendant refused to pull over when approached by officers with the Clinton Police Department – sparking what the Justice Department described as a “high-speed pursuit.” During this pursuit – which veered straight through the City of Jackson – the defendant fired numerous rounds at officers on his tail.

What is the Difference Between a Blood Test and a Breathalyzer in a Mississippi DUI?

Published on: May 3, 2024 | by Vic Carmody Jr., P.A.

Test results are crucial in proving DUIs. If the authorities fail to obtain results that suggest intoxication, it is difficult for them to convict alleged drunk drivers. Not all DUI tests are the same. Two of the most common types are breath tests and blood tests. When defending yourself against DUI allegations, it may help to understand the differences between these two tests. Which test is more accurate? Can you refuse either test? How can a DUI defense attorney in Mississippi help you avoid charges despite convincing test results?

Blood Tests are More Accurate Than Breathalyzer Tests

Generally speaking, blood tests are more accurate compared to breathalyzer tests. In addition, they can test for a wider range of substances. Aside from detecting alcohol, a blood test can identify illegal or prescription drugs. When you take a blood test, few substances will fall under the radar.

Understanding Bail in Mississippi: Your Guide to Pretrial Release

Published on: April 30, 2024 | by Vic Carmody Jr., P.A.

Bail is a term used to describe the bond or conditions of pretrial release for someone who has been charged with a crime. In Mississippi, with few exceptions, anyone charged with a crime is entitled to a reasonable bail. The purpose of setting bail is twofold: to ensure the person shows up for all court hearings, including trial, and to ensure that they will not be a danger to themselves or others if released before trial.

How Does Bail Work?

After someone is arrested, they should be taken before a judge without delay for an initial appearance. During this appearance, the judge will inform them of the charges and set a reasonable bond. The Mississippi Rules of Criminal Procedure require that judges use the least restrictive bond when possible. This means that judges should consider releasing a person on their own recognizance before resorting to more restrictive means, such as requiring a bondsman or placing the person on an ankle monitor.

How Does Mississippi Define Sexual Battery?

Published on: April 23, 2024 | by Vic Carmody Jr., P.A.

According to the Rape, Abuse, & Incest National Network (RAINN), every 68 seconds, an American is sexually assaulted. The majority of sexual assault victims are between the ages of 18 and 34. Sexual assault is a serious crime that can have significant legal and personal consequences for both the victim and the accused.

In the state of Mississippi, sexual assault is defined as any non-consensual sexual act, including rape, molestation, and unwanted touching. This remains the case even if the two individuals are married. The legal definition of sexual assault in Mississippi is based on the concept of consent. In order for a sexual act to be consensual, both parties must freely and willingly agree to engage in the act. If one person is coerced or forced into the act, then it is considered sexual assault.

In Mississippi, the age of consent is 16 years of age. However, sexual battery is also known as a status crime. This means that if the age differential between the accuser and the defendant is more than 2 years for an individual under 14, and 3 years for an individual under 16, they cannot legally consent. It is also important to note that the legal definition of consent varies from state to state, so it is important to consult with an attorney who is familiar with Mississippi law.

Potential Defense Strategies for DUI Child Endangerment in Mississippi

Published on: March 15, 2024 | by Vic Carmody Jr., P.A.

While there are many aggravating factors associated with DUIs in Mississippi, perhaps one of the most notable involves child endangerment. If you had a child in your vehicle at the time of your DUI arrest, you face enhanced penalties that can be quite severe. It is obviously in your best interests to fight these charges in the most effective way possible – but how exactly do you accomplish this goal? With the right defense strategy, this might be easier than you realize. With that said, it is important to realize that the most appropriate defense strategy depends entirely on the unique circumstances surrounding your arrest – and it’s always best to consult with an attorney.

The Passenger Was Not a Child

If the circumstances regarding the underlying DUI offense seem impossible to fight, it may be worth establishing that there was no child in your vehicle at the time of your DUI. Many police officers take a quick look inside vehicles and determine an occupant’s age simply by glancing at them. However, this is not an accurate way of determining a child’s age. Some children look much younger than they actually are, and some look much older. Sometimes, the easiest way to beat a DUI child endangerment offense is to simply provide the court with a copy of the minor’s birth certificate.

Simple Assault is Not So Simple in Mississippi

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

A term like “simple assault” is extremely vague, especially when one considers the plethora of possible violent crimes in Mississippi. What exactly makes a simple assault “simple?” Is it the straightforward nature of the crime? Is it the lack of a deadly weapon? Could it be the minor nature of the resulting injuries? Many defendants ask these questions when they learn that they have been charged with simple assault in the State of Mississippi. The answers are not always clear, and it may take an experienced defense attorney to explain this deceptively complex crime in more detail. What exactly is simple assault in Mississippi?

Penalties for Simple Assault in Mississippi

The first thing you need to know about simple assault in Mississippi is that this crime is considered a misdemeanor. In other words, it is not a felony, and as such, the maximum penalties are lower. For most instances of simple assault, the longest period you can spend in jail is six months. In addition, you can face a fine of up to $500 for simple assault.

Potential Defenses to Fleeing or Eluding a Law Enforcement Officer in Mississippi

Published on: February 29, 2024 | by Vic Carmody Jr., P.A.

If you have been charged with fleeing or eluding a law enforcement officer in a motor vehicle, you should know that you face serious consequences. Felony charges are possible, and you could spend years in prison. However, you should also know that there are a number of viable defenses to this crime. Of course, the most optimal defense strategy will depend on your unique circumstances – but these potential defenses highlight the possibilities:

No Reasonable Suspicion

The most obvious defense in this scenario for many defendants is the lack of reasonable suspicion. If you were not committing a crime and the police had no reason to believe that you were doing anything illegal, it may be unconstitutional for police officers to attempt to pull you over. As such, you may be legally justified in eluding or failing to stop based on the Fourth Amendment of the Constitution of the United States against unreasonable searches and seizures. MS Code § 97-9-72 (2020) specifically states that someone is only guilty of fleeing if the officer is “acting in the lawful performance of duty” and they have a “reasonable suspicion to believe that the driver in question has committed a crime.”

Which Convictions Take Away Your Gun Rights in Mississippi?

Published on: February 23, 2024 | by Vic Carmody Jr., P.A.

Most people are aware that if you commit a felony in Mississippi, you will lose your gun rights. However, there are a number of additional offenses that can also take away your right to bear arms – including certain misdemeanors. In addition, federal felonies that you may not even be aware of can prohibit you from purchasing or owning a firearm. Fortunately, it may be possible to regain your firearms rights under certain circumstances.

Any Felony in Mississippi Can Affect Second Amendment Rights

Any felony conviction will prevent you from owning, purchasing, or using firearms and ammunition in Mississippi. Examples of common felonies in Mississippi include: