Mississippi Criminal and Family Law Blog

Mississippi Addresses Mental Health with House Bill 1222

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

The week of March 13, 2023, Mississippi passed House Bill 1222, also called the Mississippi Collaborative Response to Mental Health Act. This bill, which passed unanimously, was sent to the governor for his signature. It requires each municipality and county law enforcement agency to provide mental health training to all officers by 2031. It also requires that these law enforcement agencies must employ at least one Crisis Intervention Team Officer by the year 2025.

In the wake of police brutality and the broad media coverage it has gained, many states are looking at ways to curb deaths caused by police. For most, this looks like some sort of intervention program such as the one proposed here in Mississippi. According to the Journal of the American Academy of Psychiatry and the Law, of the 1,000 people fatally shot by police in 2018, 25% were mentally ill. The type of training looking to be introduced here aims to reduce the risk of serious injury or death during an emergency interaction between people with mental illness and police officers. Studies show this type of training leads to beneficial officer-level outcomes, such as officer satisfaction and self-perception of a reduction in use of force. It would also likely lead to prebooking diversion from jails to psychiatric facilities. This way, those suffering from mental illness can get the help they need rather than being thrown in a stressful environment like jail which would only make the matter worse.

Mental Illness in the Mississippi

Auto Thefts and Carjackings on the Rise

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

Motor vehicle thefts across 30 major cities have increased by 59% from 2019 to 2022, according to the statistics released by the Council on Criminal Justice earlier this year. CBS News reported that according to a criminologist, Dr. Richard Rosenfeld, “motor vehicle thefts had been plummeting” for decades and were on their way down, due largely in part to the fact newer technology made stealing a car more difficult. However, Dr. Rosenfeld disclosed that the downward trend quickly began reversing “right at the start” of the pandemic, and “has persisted through the end of 2022 with no sign of letting up.”

According to the Department of Justice, Bureau of Justice Statistics, motor vehicle theft is the third most common property crime in the United States. Data from the city of Chicago indicates that most citywide carjackers are young adults, but that carjackings by juveniles has more than doubled, from 18% to 41%, between 2016 and 2021. Additionally, the National Insurance Crime Bureau reported that there were more than 936,000 vehicle thefts in 2021, a 27% increase since 2019. Crime analysts like Dr. Rosenberg stress that “recent increases in property crime and carjacking require immediate action from law enforcement and policy makers.”

How Does Mississippi Define Carjacking?

Navigating Divorce: Exploring Your Options Regarding Your Home

Published on: November 23, 2023 | by Vic Carmody Jr., P.A.

Divorce is undoubtedly one of the most challenging life events one can experience. It brings forth a host of emotional, financial, and logistical decisions that can feel overwhelming. Among these, the fate of the marital home often emerges as a significant concern. Many individuals wonder whether they must sell their home during a divorce. In this blog, we will delve into this complex question and shed light on the various options available to divorcing couples.

Emotional Attachment to the Family Home

The family home often holds sentimental value, serving as a bank of memories and shared experiences. For this reason, deciding whether to sell the home can be emotionally charged. Couples must carefully assess the emotional impact of selling or keeping the home, considering factors such as children’s attachment, future living arrangements, and the potential for starting anew.

Navigating Mississippi’s Youth Court System

Published on: November 21, 2023 | by Vic Carmody Jr., P.A.

Youth Court is a specialized court system in Mississippi that deals with cases involving children and teenagers. The Youth Court system is made up of judges, prosecutors, defense attorneys, probation officers, and social workers who all work together to provide services to juveniles who have been referred to the court. In Mississippi, there are two types of Youth Court cases: delinquency cases and child protection cases.

Delinquency

Delinquency cases involve juveniles who have committed a delinquent act or a status offense. Delinquent acts are activities that would be considered a crime if they were committed by an adult. This could include things like theft, burglary, drug offenses, assault, and vandalism. In these cases, the juvenile is accused of breaking the law and is charged with a delinquent act. Status offenses are things that would not be considered a crime if committed by an adult. The most common status offenses are truancy (skipping school), underage drinking, and running away from home, but this also includes things like “disturbing the family peace” and breaking curfew.

Can AI Be Used as Evidence in Mississippi Criminal Trials?

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

Both defendants and prosecutors can call upon witnesses to testify during criminal trials – but what happens if that witness is an artificial intelligence rather than a human being? One might argue that AIs are inherently more reliable witnesses, and they are not subject to factors like bias or faulty memories. On the other hand, you might argue that AIs are fully capable of making mistakes, misinterpreting facts, and generally providing unreliable information. Whatever the case may be, prosecutors and authorities are already beginning to rely on AI for law enforcement purposes. How does this affect Mississippi residents?

The Authorities are Already Using AI to Pursue Suspects

The truth is that the use of AI in law enforcement is not a “theory” – it is already being used in states like Mississippi. There is a wide range of AI tools currently being used by law enforcement officials throughout the nation.

What is Rehabilitative Alimony?

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

Rehabilitative alimony is a type of financial support that helps one spouse become self-sufficient after a divorce. It acts as a boost to help them get back on their feet and become independent. Unlike typical forms of alimony, rehabilitative alimony is not permanent support. It is only given for a specific amount of time to give one spouse the education, training, or work experience they need to become financially independent.

When Would Someone Need to Ask for Rehabilitative Alimony?

The most common situation where someone might need rehabilitative alimony is if they were a stay-at-home parent during their marriage, and now they need to go back to school or get additional training in order to get a job and support themselves after divorce.

Current Challenges Facing Same Sex Couples in Mississippi

Published on: November 8, 2023 | by Vic Carmody Jr., P.A.

Same-sex sex marriage is a controversial and divisive issue in the United States, and Mississippi is no exception. While same-sex marriage is now fully legal in Mississippi, there are still many challenges facing same-sex couples.

Discrimination

Same-sex couples in the southern United States often face discrimination and prejudice due to the region’s conservative cultural and religious values. One of the main challenges facing same-sex couples in Mississippi is discrimination in the workplace. Though there are federal protections in place, Mississippi law has not adopted those and in fact, our state laws state it is still legal to fire or refuse to hire someone based on their sexual orientation or gender identity. This of course can make it difficult for LGBTQ+ individuals to find and keep employment. Additionally, many southern businesses and organizations have been known to refuse service to same-sex couples. This discrimination can make it difficult for same-sex couples to find housing, employment, and healthcare, as well as access to other essential services. Furthermore, hate crimes against LGBTQ+ individuals are disproportionately high in the south. These factors can make it hard for same-sex couples to live openly and safely in states like Mississippi.

When Halloween Fun Leads to Criminal Charges in Mississippi

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

Halloween is a wild night for many – representing an opportunity to embrace the spookiness and our darker sides. However, the rule of law does not suddenly cease to exist on Halloween night. On the morning of November 1, many people wake up and are confronted with the consequences of their activities during the previous night. There are endless possibilities when it comes to criminal charges after Halloween night, and people of all ages may experience consequences for their actions.

Crime Statistics on Halloween

According to various reports, violent crime rates increase by about 50% above the daily average on Halloween. In addition, pedestrian deaths are much more common on Halloween night for obvious reasons. With more pedestrians on the streets, it is easier for trick-or-treaters to be struck and killed by vehicles.

Don’t Let the Bird of Peace Be the Reason Why You Receive a DUI

Published on: September 8, 2023 | by Vic Carmody Jr., P.A.

Dove hunting, an outdoor activity enjoyed by many, presents an opportunity to connect with nature and friends while showcasing hunting skills. However, amidst the excitement, it’s crucial to address a less-discussed aspect: the potential correlation between driving under the influence (DUI) and dove hunting. In this blog post, we’ll be shedding light on the importance of responsible behavior both on the hunting grounds and behind the wheel.

The Thrill of the Hunt and Celebratory Behavior: Dove hunting season often brings a sense of camaraderie and celebration among hunters. After a successful day in the field, it’s common to gather and share stories of the hunt. Unfortunately, this celebratory atmosphere can sometimes lead to the consumption of alcohol. While enjoying the camaraderie, it’s important to maintain a responsible approach to alcohol consumption, avoiding the temptation to overindulge and impair your judgment.
Alcohol Consumption and Impaired Judgment: Alcohol impairs cognitive functions and motor skills, affecting the ability to make rational decisions. The effects of alcohol can be exacerbated by outdoor activities like dove hunting, where coordination and concentration are crucial. Impaired judgment can lead to unsafe behaviors on the hunting grounds, putting not only the hunter at risk but also others in the vicinity.

Why are DUIs So Common Over Labor Day Weekend

Published on: September 8, 2023 | by Vic Carmody Jr., P.A.

According to the National Safety Council, about 450 people die on US roads over the Labor Day holiday each year. 41% of these fatalities involve an alcohol-impaired driver. But why is Labor Day such a dangerous weekend for driving? What is it about this holiday that leads to such a high level of intoxicated driving? Perhaps most importantly, what should you do if you have been accused of a DUI over the Labor Day weekend?

Mississippi Highway Patrol Makes 141 DUI Arrests Over Labor Day Weekend

On September 5, it was reported that the Mississippi Highway Patrol had arrested over 140 DUI suspects over the preceding Labor Day Weekend. They also reported four confirmed deaths related to auto crashes. However, this represents a notable decline compared with 2022, when the MHP made over 270 DUI arrests over the Labor Day Weekend. However, there were only three auto deaths that year.