MS Criminal Laws

Understanding Spousal Testimonial Privilege in Mississippi

Published on: October 28, 2024 | by Vic Carmody Jr., P.A.

When it comes to legal proceedings, the rules surrounding what can and cannot be disclosed often become complex. One important legal concept to understand is spousal testimonial privilege, especially in the context of Mississippi law. This privilege can significantly affect the outcomes of criminal and civil cases, so it’s crucial to grasp its implications.

What is Spousal Testimonial Privilege?

Spousal testimonial privilege is a legal principle that protects the confidentiality of communications between spouses. In essence, it allows one spouse to refuse to testify against the other in a court of law. This privilege is rooted in the idea that marriage should be a safe haven for open and honest communication, free from the fear of legal repercussions.

The Haunting Truth: DUI Statistics in Mississippi on Halloween

Published on: October 24, 2024 | by Vic Carmody Jr., P.A.

Halloween is a time for costumes, candy, and celebrations. However, it also brings an increase in alcohol consumption, making it one of the riskiest nights of the year for drivers. In Mississippi, this trend is particularly concerning. Let’s delve into the statistics surrounding DUIs in the state during Halloween, highlighting the importance of safe driving and responsible celebration.

The Grim Numbers

Historically, Halloween sees a significant spike in DUI incidents across the United States, and Mississippi is no exception. According to data from the National Highway Traffic Safety Administration (NHTSA), Halloween ranks among the deadliest nights for impaired driving. In Mississippi, the numbers are especially troubling.

Two Fishermen Face Over $10,000 in Fines in Mississippi

Published on: August 2, 2024 | by Vic Carmody Jr., P.A.

From the moment the Mississippi was first inhabited by humans, it immediately became clear that this was one of the best fishing spots in the entire nation. Most fishing enthusiasts today consider the Magnolia State to be one of the best in terms of fishing, providing an ample supply of bass, trout, reddish, snappers, and much more. However, fishermen have the potential to catch fines as well as fish when they venture into Mississippi waters. Not only are these fines easier to incur than many realize, but they are also much more extensive. As a recent criminal case in Mississippi illustrates, it is possible to rack up tens of thousands of dollars in fines for a single fishing trip.

Two Fisherman Ordered to Pay $10,550 for Illegal Crappie Fishing

In late October of 2023, the Justice Department announced that two fishermen in Tennessee were facing serious fines and restitution obligations for an illegal fishing trip. In total, the two individuals were ordered to pay a sum of $10,550. Their crime was harvesting too many crappies during a trip in January of 2023. During this trip, the pair headed out into the Enid Lake Spillway and proceeded to catch a total of 171 crappie. As the Justice Department notes, the pair were only allowed to capture 30 crappies that day – and so they exceeded the limit by 141 fish. Their situation became even worse due to the fact that they used oversized hooks. Finally, they used too many hooks per line, representing a third violation.

Can You Face Vandalism Charges for Destroying Historical Sites in Mississippi?

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

Mississippi has some of the richest historical traditions of all US states, and it is home to numerous museums and historical sites. Due to the lasting legacy of the Civil War, many of these sites and museums are highly controversial. Activist groups on both sides of the political spectrum may attempt to vandalize, damage, or completely destroy certain historical sites – but the criminal penalties can be quite serious. In some cases, this can even lead to hate crime charges in Mississippi. What can you do if you face these charges, and what is the best way to defend yourself?

Can You Face More Serious Charges for Destroying Historical Monuments?

There are various laws in Mississippi that can lead to more serious penalties for destroying or vandalizing historical monuments. For many years, Mississippi has enforced a law against removing monuments or memorials from public property. The general consensus in Mississippi is that even if a monument has certain political connotations, it should remain standing. In the view of numerous lawmakers, history is an important part of Mississippi culture – and even the negative chapters of the state’s story should remain in clear view for educational purposes. Regardless of whether you agree with this sentiment, you should know that there are legal consequences for attempting to tear down or destroy monuments. These include statues or memorials related to Confederates, slave owners, or the Civil War in general.

Attacks on Mail Carriers Lead to Serious Penalties in Mississippi

Published on: July 19, 2024 | by Vic Carmody Jr., P.A.

Simple assault is a relatively serious offense in Mississippi, and it may lead to up to six months in jail. However, the penalties for assault crimes vary depending on the victim. If you assault certain people in Mississippi, you face more serious consequences. These “protected individuals” include children, seniors, and police officers. However, postal workers also fall into this general category. Even a “simple assault” on a postal worker can result in federal charges and prison time. If you have been accused of assaulting a mail carrier, you may want to get in touch with an experienced criminal defense attorney in Mississippi as soon as possible.

Mississippi Man Gets 20 Years for Threatening Mail Carrier

Even if you do not physically harm a mail carrier, you could still face decades in prison. In May of 2024, the Justice Department announced that a man from Sledge had been sentenced to 20 years in prison for threatening a mail carrier with an unspecified “dangerous weapon.” The fact that the Justice Department did not specifically state that this was a firearm suggests that it may have been something more along the lines of a baseball bat or knife. The incident occurred in 2022, and the defendant has been in custody since he made the threat.

Can You Get a Felony DUI Reduced to a Misdemeanor in Mississippi?

Published on: July 12, 2024 | by Vic Carmody Jr., P.A.

There is a clear incentive to reduce felony DUIs to misdemeanors in Mississippi. Not only does a felony lead to more serious criminal consequences, but it also affects your rights in many ways. A felony represents an obvious blemish on your record, while a misdemeanor may affect your future in much less drastic ways. The real question is whether this is even possible. How do you reduce your felony to a misdemeanor in Mississippi? What is the legal process behind this, and how can a criminal defense lawyer in Mississippi help you achieve this goal?

Accepting a Plea Deal

Perhaps the most obvious way to reduce a felony DUI to a misdemeanor is by accepting a plea deal. For those who do not know, a plea deal requires you to plead guilty. In exchange, the prosecution may promise some degree of leniency – and this may include misdemeanor charges instead of felony charges. But a plea deal may not always lead to a misdemeanor instead of a felony. If you are facing serious felony charges, a plea deal could simply reduce the number of years you spend in prison – and you might still be convicted of a felony. Defendants must carefully consider the pros and cons of plea deals based on their unique situations. In some cases, it makes more sense to fight the charges in court. That being said, a plea deal can provide optimal results in other situations.

What to Do After Hitting a Pedestrian in Mississippi

Published on: July 9, 2024 | by Vic Carmody Jr., P.A.

It is all too easy to let your emotions get the better of you after hitting a pedestrian in Mississippi. This can be one of the most shocking incidents a motorist can experience, and you may feel unsure of how to react. Unlike colliding with another vehicle, there is something inherently more violent and horrific about hitting a human being. Despite these nerve-wracking elements, however, it is important to react in a calm, professional manner. If you do not react carefully, you could face various criminal charges – including hit-and-run, aggravated DUI, or even manslaughter.

Pull Over

After striking a pedestrian, you should pull over as soon as possible. If you continue driving, you could be charged with leaving the scene of an accident. In the case of a serious injury or death, this can easily lead to felony charges in Mississippi. That being said, it is important to pull over in a safe location. If you need to drive a few hundred yards before pulling over, you are perfectly justified in doing so. Parking in an unsafe location will only put you in danger, especially if you are on a dark highway or blind corner. The police will not hold this against you, and it is not illegal to drive a reasonable distance in search of a safe spot.

The Kombucha Defense for Mississippi DUIs

Published on: July 2, 2024 | by Vic Carmody Jr., P.A.

Alcohol isn’t the only substance that can raise your BAC level. All kinds of other beverages, foods, and medications may also trigger a BAC reading – even if you never consumed any alcohol. In certain situations, this can lead to a false positive BAC result and serious consequences. One example is kombucha, a fermented beverage that could create the impression that you are intoxicated. But is the “kombucha defense” really viable? How do you prove that your BAC result was triggered by fermented foods and not alcohol? These are questions you can ask one of our lawyers during your consultation.

Why Kombucha Can Trigger Positive BAC Results

To be clear, the average person would need to drink an excessive amount of kombucha to trigger a BAC result even close to normal illegal levels. The average bottle of kombucha contains less than 0.5% alcohol, making it roughly 10 times less powerful than a bottle of beer. However, various factors could make a problematic BAC result more likely after drinking kombucha.

Social Media Usage Can Lead to Criminal Charges

Published on: June 28, 2024 | by Vic Carmody Jr., P.A.

There is no question that social media outlets, like Facebook, Twitter, or Snapchat, play a major role in our everyday lives. People use social media to keep up with friends, post pictures, videos, and stay on top of current events. Social media plays such an important role in our lives, that it has become a central player in some of the most recent happenings around the world. However, without a doubt, social media can also be a force used for good.

Did you know that social media can also be used as a tool by law enforcement to investigate and ultimately bring criminal charges against people? Social media posts and even private messages regularly end up being used in criminal cases as evidence against an offender. Everything that is posted on social media or even words and phrases searched on your computer are subject to being found by law enforcement and being used against you in a court of law.

Here are a few examples of charges that typically arise from social media:

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: