Articles Posted in MS Criminal Laws

In November of 2020, a woman was arrested after being accused of a drive-by shooting in Mississippi. Although no one was hurt during the incident, it represents yet another instance of this dangerous crime in the Magnolia State. Because of the connection between drive-by shootings and gang activity, lawmakers in Mississippi have created special laws that govern this crime.

If you have been charged with a drive-by shooting offense, you face considerable legal consequences. In order to give yourself the best possible chance of a favorable outcome, it is important to hire a qualified, experienced criminal defense lawyer who can fight for your freedoms and your rights.

What is the Definition of a Drive-By Shooting in Mississippi?

Credit card fraud is a serious offense in the state of Mississippi, and you may face serious consequences if you are found guilty. There are several laws that govern credit card fraud in the Magnolia State; in certain circumstances, you may even face felony charges. There are many crimes that fall under the general category of credit card fraud, and you may have committed one of these crimes without even being aware of it.

If you have been charged with credit card fraud in Mississippi, it is always a good idea to seek legal assistance as soon as possible. Ideally, you should enlist the help of a criminal defense attorney who has considerable experience with these matters. With the right lawyer by your side, you can mitigate any consequences and face fewer penalties for your alleged crimes.

What Constitutes Credit Card Fraud?

For many bored teens and children in Mississippi, going out and vandalizing someone’s property might sound like a good time. Unfortunately, these acts may result in serious legal consequences. If your child is a minor, you may be liable for damages if they vandalize someone else’s property. Although this might seem unfair, the state must ensure that people are compensated for damage done to their houses, cars, or livestock. Since a child typically does not have the financial means to compensate a property owner for these damages, the responsibility falls instead on the parents. 

When am I Liable for My Child’s Vandalism?

There are a number of situations in which you may be held liable for your child’s property damage and vandalism. According to Mississippi Code section 93-13-2, parents are held liable when their children “maliciously or willfully” damage another person’s property. 

If you are facing criminal charges in Mississippi, you may not be sure about the difference between burglary and larceny. While both of these crimes involve theft, they also have many

differences. It is always a good idea to educate yourself on these matters if you think you may be facing either a burglary or larceny charge. That being said, the best course of action is to consult with a legal expert who can explain these matters in more detail. A qualified, experienced attorney can also guide you through the next steps of your criminal defense case.

What is Larceny? 

In incidents that lead to someone’s death, there can often be a fine line between manslaughter and murder; however, there is a big difference in punishment. In the state of Mississippi, courts will look at every aspect of the case to determine the difference between murder and manslaughter.

In simple terms, the difference between murder and manslaughter in Mississippi is that manslaughter is unintentional, while murder is intentional. Specifically, the term used to define murder is “malice aforethought,” or the intent to kill. Generally speaking, if an intent to kill cannot be proven, then the courts will opt for a manslaughter charge.

Depending on the circumstances, there can be multiple levels of each crime.

Getting accused of a hate crime in the state of Mississippi is a serious situation that needs to be assessed wisely. Because of the subjective matter of what can be categorized as a hate crime by the victim, simply saying the wrong words in the wrong way can result in years of prison time. If you have been accused of a hate crime, you will need to know if the victim has a case and whether you can defend against it. The first step is to learn a little bit more about how hate crimes are handled in Mississippi.

How Is a Hate Crime Defined in Mississippi?

A hate crime in Mississippi is defined as a felony or misdemeanor that is perceived to be motivated by the following things:

Have the police ever seized your property? Would you know what to do if they did?

The Mississippi Legislature is back in session and committees are considering new bills. Currently, a new piece of legislation regarding asset forfeiture is being deliberated.  Presently, law enforcement can seize property when there is a probability that the property was used in connection with a crime.

According to The Clarion Ledger, the proposed bill would create:

An officer of the law in Lake County, Indiana, faces the charges of Driving Under the Influence and is the cause of a hit-and-run accident.

The Indiana State Police stated that “Lieutenant Guy Mikulich was in an unmarked police car” while driving on Sunday at 4:48 p.m. when he hit a 34-year-old man who was standing outside by his vehicle on Oak Avenue in Miller Beach.

Officer Mikulich is a 16-year veteran of the sheriff’s department and had been working the Gary Air Show the day of the accident.

Society (potential employers) will all check your background prior to allowing you to  pass on that path of your life that brought you to them. This includes employers, military, and literally everyone in your future involving employment, finance, life insurance, car insurance, credit report, house and vehicle purchases; schools, both primary and college and professional schools. These background checks may be by both law enforcement and private sector data bases. Arrest/ Conviction records are absolute career ending events.

Most folks do not know that once you are arrested it is just like posting something on Facebook©. One, like Facebook, this arrest/conviction information goes everywhere; and two, it can last forever. There are two separate sets of Data Bases that records and stores arrest/conviction records 1) Law Enforcement, and 2) Private Sector Date Bases.  The “Government” data bases discussed here are: 1) the Local Law Enforcement (City, County, State) who’s officers arrested you; 2) the state agency which collects arrest information, from local law enforcement and ours is called: “The Mississippi Criminal Information Center”. All states have such a central criminal information centers who then transmits this arrest information to 3) The National Criminal Information Center, which is a part of the Federal Bureau of Investigation. These organizations act as depositories of arrest information, in the form of “Rap” sheets. Should you also be convicted, that conviction information will also be added to the arrest information already on file. This arrest/conviction information stays in your file forever, unless and until a court order allows removal.

In addition, some three (3) thousand private data bases around the world will also collect; store; and for a fee, publish, this arrest and conviction information. New private sector data base are being created daily.  Anyone with a computer or a cell phone can access this information with a small credit card payment. It is these private sector data bases that most potential employers, outside of government, turn to for back-ground searches. Almost all pre-employment applications require you to sign documents allowing background searches to divulge this information. Prospective employers hire applicants, in part, based upon background searches.  These employment application forms usually question the prospective employee on: 1) Have you ever been arrest for a crime; 2) Have you ever pled guilty to, or were you found guilty of a crime by a court or jury; 3) Have you ever been granted a deferred sentence after having pled guilty; and 4) Any other wording which will have placed you in the criminal justice process at any time in your life. The presence of an arrest/conviction record disqualifies most job applicants. The only sure records cleaning remedy for having been arrested for a crime is to be found NOT GUILTY and have your records EXPUNGED. Any arrest or conviction record of a crime/ conviction will always affect the rest of your life.

I am a lawyer, and in this post I will point out some of the things a good consumer will do to get the most bang for their buck. All lawyers are not created equal. In this post, I will specifically address criminal defense lawyers.

When choosing a lawyer to defend you of a crime, one probably looks to see how successful the attorney has been in court. Many attorneys have a great “record” which they will boast about every chance they get. However, there are no scoreboards in the field of criminal defense. Moreover, what is a “win” in criminal law? Is a not guilty verdict a win? Of course! Is a case where the attorney negotiates 30 days in jail when the charge carried 5 years of incarceration a win? Sure! “Wins” come in all shapes and sizes and attorneys take advantage of this. Pay less attention to the part where the attorney talks record and more about how they address your case. Billy-Jo’s case isn’t important when it is your case that matters to you.

A good consumer knows what to ask. Ask the attorney if they will be the ones coming to court. Some law firms take the approach that “ringer” sales people will speak to the potential client first, and then stick another attorney on the case later as the need arises. This is potentially a very bad thing as it means your case is not a personal investment with a specific attorney. Typically these actions occur at larger legal factories rather than small law firms.