Articles Posted in MS Criminal Laws

House Bill 412 contains numerous changes to Mississippi’s DUI laws, and the bill takes effect on October 1, 2014. One of the most significant changes is that it makes nonadjudication available to persons over 21 years of age, something previously unavailable. To learn more about these nonadjudications, please read our more detailed blog here.

Earlier this month the United States Supreme Court issued its opinion in Salinas v. Texas, 570 U.S. ___ (2013).  Before Salinas was arrested, police asked him a few questions.  In response to one particular question, he remained silent and said nothing; he argued that this was his way of exercising his 5th Amendment right to remain silent.  At trial, however, the prosecutor made reference to his silence, implying his guilty to the jury, and Salinas was obviously convicted.

The Supreme Court held that there was nothing wrong with using Salinas’s silence against him.  In reaching this conclusion, the Court said that there is no right to silence; rather, there is only the right against self-incrimination.  However, the court found that Salinas did not properly invoke his 5th Amendment right and, therefore, his silence was not protected.

For more information, please visit this link.

Here are a few tips when looking for a good defense attorney:

Shop Around – Lawyers use advertising and advertising works but do not be suckered into hiring an attorney just because they have flexible payment plans or a picture of them looking mean.  When looking for a good defense attorney ask your friends and family if they know someone.  If they do, go talk to that attorney.  Also, go talk to the attorney that you saw in the ad.  Bottom line is to go and talk to a few attorneys so you can make an educated decision.

Look for Specialists – No two cases are the same just as no two defense lawyers are the same.  Just because an attorney does criminal defense does not mean he may be the best for your type of criminal case.  Certain areas of criminal law are highly technical and general defense attorneys may not know all the ins and outs of a particular area like DUI.

Prosecutors in Hinds and Rankin counties Justice Courts are accused of concealing information that could prove defendants innocent of alleged crimes.  A lawsuit was filed this April seeking an injunction against Hinds County Prosecutor Sherri Flowers and Rankin County Prosecutor Richard Wilson.  Take a further look at the article:

“The suppression of evidence favorable to persons accused of crimes is intentional on the part of the defendants,” the lawsuit says.  “The defendants have been repeatedly warned and placed on notice that the United States Constitution requires that such evidence not be hidden or suppressed.

Despite these warnings, the defendants have asserted that they simply do not have time to comply with these constitutional requirements.”