Mississippi Criminal Law Blog

Not Everyone Gets to Post Bail, Not Even a Highschooler

Published on: July 12, 2023 | by Vic Carmody Jr., P.A.

According to WLBT, a high school graduation party at the Mount Olive Community Center took a tragic turn when two teenagers were shot. One victim sustained gunshot wounds to the hand, arm, and leg, while the other was shot in the stomach. Although one victim has been released from the hospital, the other remains in critical condition. The immediate response from the Covington County Sheriff’s Office led to the identification of potential witnesses, who provided vital information about the suspected shooter. Based on the information provided by witnesses, Javion Carney was arrested in Collins. In addition to being charged with attempted murder, aggravated assault, and possession of a firearm by a convicted felon, Carney also faced an additional hold from the Mississippi Department of Corrections for a prior case in Gulfport. The eighteen-year-old appeared in Covington County Justice Court for his initial hearing. Judge John Laz Sanford made the crucial decision to deny Carney’s bond, considering the severity of the charges brought against him, which include attempted murder, aggravated assault, and possession of a firearm by a convicted felon. In denying the bond, the Court is saying Carney poses a continued threat to the public.

Bails & Their Denial in Mississippi

In Mississippi, the definition of “bail” is found under Miss. Code Ann. § 83-39-1. In this context, it means the use of money, property, or other security to release a defendant from custody and secure his appearance in criminal court proceedings. Bail bonds in Mississippi may not be excessive, and they may also be revoked or denied. The law governing denials is found in the Mississippi Constitution Art. 3, § 29. If someone is charged with committing any offense punishable by death or life imprisonment, they may be held without granting bail. If that person is arrested for a felony committed while on felony bail, the court revokes their bail, ordering the individual to be detained. It should be noted that “felony” under this bail statute means any offense punishable by death, life imprisonment, or imprisonment for more than five years under the laws of the jurisdiction in which the crime is committed.

Putting the Brakes on Trendy Thieves

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

TikTok No Kia’s or Hyundais on Your Block:

A viral TikTok trend exposing gaps in security has led to a surge in car thefts involving specific models of Hyundai and Kia vehicles. In response to the alarming trend, Hyundai and Kia have developed theft deterrent software and are offering it free to millions of vehicle owners. Additionally, the companies are collaborating with law enforcement agencies and providing steering wheel locks to enhance vehicle protection. This blog post delves into the impact of the TikTok security challenge, the measures taken by Hyundai and Kia, and the broader implications for car manufacturers, consumers, and car thieves.

The TikTok Challenge:

Walmart Arsonist Gets Double the Normal Sentence

Published on: July 5, 2023 | by Vic Carmody Jr., P.A.

Arson is a serious offense in Mississippi, and you can expect stiff penalties if you are convicted of this crime. But your penalties depend on various factors, including the judge’s approach to your case. Some judges act in a predictable manner, while others make decisions that seem to go against patterns set by past arson cases. Such was the case when a Walmart arsonist received double the recommended sentence in Mississippi.

But why did this arsonist receive a sentence that was so different from the recommendations of the prosecutors? What made this judge act in such an unpredictable manner? At the end of the day, this is simply the unpredictable nature of the justice system. Sometimes, things just do not turn out the way we expect them to. On the other hand, all defendants can pursue more predictable and positive results by working with qualified, experienced criminal defense attorneys in Mississippi.

Arsonist Gets 18 Years in Federal Prison for String of Targeted Walmart Attacks

The Role of Mediation in Family Law: Resolving Conflicts Amicably in Mississippi

Published on: June 30, 2023 | by Vic Carmody Jr., P.A.

Family disputes can be emotionally and financially draining, often leaving lasting scars on all parties involved. However, an alternative dispute resolution method called mediation offers a valuable opportunity to resolve conflicts amicably, particularly in the realm of family law. In this blog post, we will explore the role of mediation in family law, focusing on the specific mediation laws and practices in Mississippi.

Understanding Mediation in Family Law

Mediation is a voluntary process in which a neutral third party, known as a mediator, facilitates communication and negotiation between disputing parties. The goal of mediation is to assist individuals in reaching mutually acceptable agreements and resolving conflicts without the need for adversarial litigation.

Dogs Are Women’s Best Friend?!

Published on: June 28, 2023 | by Vic Carmody Jr., P.A.

According to WLBT, the Jones County Sheriff’s Department (JCSD) arrested a woman for having sexual intercourse with a dog. It is reported that the dog was her own “service dog”. The action was videoed and posted to social media to which a concerned citizen reported it. The woman claims that although she is paid to video her sexual intercourse, she was coerced into making the video with her dog, against her will. She was charged with unnatural intercourse and aggravated cruelty to an animal, with a $25,000 bond and ordered to stay away from animals. JCSD states they have several videos that are too graphic to share or discuss, and some were made in other counties with separate charges to follow. The dogs have been seized and under medical treatment.

What is unnatural intercourse and aggravated cruelty?

Unnatural intercourse can be defined as any sexual intercourse that is not penile-vaginal. Aggravated cruelty to animals occurs when a person with malice, intentionally tortures, mutilates, maims, burns, starves or disfigures any domesticated dog or cat.

Criminal Law in Mississippi’s State Circuit Courts: A Comprehensive Overview

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

Introduction:

When it comes to handling felony criminal prosecutions, Mississippi’s Circuit Courts play a vital role. In this blog post, we will explore the key aspects of criminal law within the state’s Circuit Courts, shedding light on their jurisdiction, appellate processes, and essential rules and procedures.

Jurisdiction and Appellate Processes:

All dressed up and looking for a war? Or just a squirrel hunter?

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

A student at St. Olaf College in Minnesota, Waylon Kurts, was charged with conspiracy to commit second-degree assault and conspiracy to commit threats of violence, among other charges. According to the charges, the items found in Kurts’ dorm room included a tactical vest, empty boxes for ammunition and magazines, a tactical knife, a folding knife, firearm earmuffs, six propane canisters, fireworks, lighter fluid, a battery with wires and a lock pick set. The Star Tribune reported that police also confiscated notebooks with writings that included a plot to steal ammunition from a retailer, police radio frequencies, and a hand-drawn map of the recreational facility on campus. The map included an arrow indicating a travel route and apparent exit path, the charges said.

Kurts’ attorney, Paul Rogosheske, said Kurts “has some things that look funny,” but said there is nothing that poses a threat to anyone. Rogosheske said his client is a hunter who shoots a lot, and noted there were no guns or ammunition taken from Kurts’ room or vehicle. He said Kurts drew the map for someone else. Northfield Police Chief Mark Elliot said authorities are trying to determine what, if anything, Kurts had in mind. St. Olaf officials said they became suspicious of Kurts when a custodian saw two empty packages for high-capacity magazines in a garbage can. The college then reached out to officers at the Northfield Police Department to report items “connected to potential acts of violence” found in the student’s dorm room. The student was arrested a day later on suspicion of threats of violence.

The criminal complaint also notes that, outside of the items found in Kurts’ room and vehicle, they also found texts between him and someone about buying a gun from unlicensed sellers. Kurts had also texted photos of a box filled with rifle magazines on a bench with the words “Kids’ve got no idea whats in here.” Further, some of the notes in Kurts’ vehicle allegedly said “combat is much faster and closer than you think” and “the average door takes 2.5 kicks”. The notes also contained training directions for where to shoot a person on their body.

What are Status Offenses?

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

As a parent or guardian, it can be alarming to learn that your child has been charged with a status offense. Status offenses are a unique type of offense that only apply to juveniles, and they can carry serious consequences for both the child and their family. In this blog post, we’ll explore what status offenses are, provide examples of common status offenses in Mississippi, and discuss why it’s important to speak with an attorney if your child has been charged with one.

What is a Status Offense?

A status offense is an act that would not be considered a crime if committed by an adult, but that is considered illegal when committed by a juvenile. In other words, it’s an offense that only applies to children under a certain age. Status offenses are typically considered less serious than other types of offenses, but they can still have serious consequences for the child and their family.

The Maze of Mississippi’s Court System Made Simple

Published on: June 22, 2023 | by Vic Carmody Jr., P.A.

Introduction:

The Mississippi court system plays a crucial role in administering Mississippi law. The system is complicated, and today we will break everything into understandable chunks. We will introduce you to the key components of the Mississippi court system, ranging from the Supreme Court and Court of Appeals to Circuit, Chancery, County, Justice, Special, Municipal, and Youth Courts. By understanding the structure and functions of each court, you can feel confident that these courts are here to serve you. Rather than having to fight it out in the streets court, the courts can become your way of leaning towards settling your difficulties.

The Supreme Court:

13-Year-Olds’ Are Not Exempt

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

According to WLBT, a Mississippi teenager has pleaded guilty to murder after the death of a 13-year-old boy. On June 27, 2021, the 13-year-old was intentionally set on fire behind a shop in Coldwater, Mississippi. He was rushed to Le Bonheur Children’s Hospital and later flown to Little Rock, where he died from his injuries.

Campbell, also 13 at the time, was tried as an adult in this case. He was originally indicted for capital murder, but now, two years later, he has plead guilty to a lesser offense of second-degree murder. He was sentenced to 20 years in prison to be followed by an additional 20 years of supervised probation for a total of 40 years under the Mississippi Department of Corrections.

Trying Juveniles as Adults in Mississippi: