MS Criminal Laws

Divorce Process for Mississippi Inmates

Published on: May 7, 2024 | by Vic Carmody Jr., P.A.

Divorce is always a challenging process, marked by emotional strain and legal complexities. But for individuals who find themselves navigating this journey from behind bars in Mississippi, the hurdles can seem insurmountable. However, despite the unique challenges posed by incarceration, it is possible to sign divorce papers and move forward with a divorce while incarcerated.

In Mississippi, being incarcerated does not automatically prevent you from divorcing your spouse. However, the process does require careful navigation and adherence to specific procedures. Here’s a brief guide on how to sign divorce papers while incarcerated in Mississippi:

Initiate the Divorce Process: The divorce process begins with filing the necessary paperwork with the appropriate court. Talk to your lawyer about your goals, and your lawyer will be able to file the appropriate paperwork in the correct court on your behalf.

What is the Difference Between a Blood Test and a Breathalyzer in a Mississippi DUI?

Published on: May 3, 2024 | by Vic Carmody Jr., P.A.

Test results are crucial in proving DUIs. If the authorities fail to obtain results that suggest intoxication, it is difficult for them to convict alleged drunk drivers. Not all DUI tests are the same. Two of the most common types are breath tests and blood tests. When defending yourself against DUI allegations, it may help to understand the differences between these two tests. Which test is more accurate? Can you refuse either test? How can a DUI defense attorney in Mississippi help you avoid charges despite convincing test results?

Blood Tests are More Accurate Than Breathalyzer Tests

Generally speaking, blood tests are more accurate compared to breathalyzer tests. In addition, they can test for a wider range of substances. Aside from detecting alcohol, a blood test can identify illegal or prescription drugs. When you take a blood test, few substances will fall under the radar.

Understanding Bail in Mississippi: Your Guide to Pretrial Release

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

Bail is a term used to describe the bond or conditions of pretrial release for someone who has been charged with a crime. In Mississippi, with few exceptions, anyone charged with a crime is entitled to a reasonable bail. The purpose of setting bail is twofold: to ensure the person shows up for all court hearings, including trial, and to ensure that they will not be a danger to themselves or others if released before trial.

How Does Bail Work?

After someone is arrested, they should be taken before a judge without delay for an initial appearance. During this appearance, the judge will inform them of the charges and set a reasonable bond. The Mississippi Rules of Criminal Procedure require that judges use the least restrictive bond when possible. This means that judges should consider releasing a person on their own recognizance before resorting to more restrictive means, such as requiring a bondsman or placing the person on an ankle monitor.

Potential Defense Strategies for DUI Child Endangerment in Mississippi

Published on: March 15, 2024 | by Vic Carmody Jr., P.A.

While there are many aggravating factors associated with DUIs in Mississippi, perhaps one of the most notable involves child endangerment. If you had a child in your vehicle at the time of your DUI arrest, you face enhanced penalties that can be quite severe. It is obviously in your best interests to fight these charges in the most effective way possible – but how exactly do you accomplish this goal? With the right defense strategy, this might be easier than you realize. With that said, it is important to realize that the most appropriate defense strategy depends entirely on the unique circumstances surrounding your arrest – and it’s always best to consult with an attorney.

The Passenger Was Not a Child

If the circumstances regarding the underlying DUI offense seem impossible to fight, it may be worth establishing that there was no child in your vehicle at the time of your DUI. Many police officers take a quick look inside vehicles and determine an occupant’s age simply by glancing at them. However, this is not an accurate way of determining a child’s age. Some children look much younger than they actually are, and some look much older. Sometimes, the easiest way to beat a DUI child endangerment offense is to simply provide the court with a copy of the minor’s birth certificate.

Simple Assault is Not So Simple in Mississippi

Published on: March 4, 2024 | by Vic Carmody Jr., P.A.

A term like “simple assault” is extremely vague, especially when one considers the plethora of possible violent crimes in Mississippi. What exactly makes a simple assault “simple?” Is it the straightforward nature of the crime? Is it the lack of a deadly weapon? Could it be the minor nature of the resulting injuries? Many defendants ask these questions when they learn that they have been charged with simple assault in the State of Mississippi. The answers are not always clear, and it may take an experienced defense attorney to explain this deceptively complex crime in more detail. What exactly is simple assault in Mississippi?

Penalties for Simple Assault in Mississippi

The first thing you need to know about simple assault in Mississippi is that this crime is considered a misdemeanor. In other words, it is not a felony, and as such, the maximum penalties are lower. For most instances of simple assault, the longest period you can spend in jail is six months. In addition, you can face a fine of up to $500 for simple assault.

Potential Defenses to Fleeing or Eluding a Law Enforcement Officer in Mississippi

Published on: February 29, 2024 | by Vic Carmody Jr., P.A.

If you have been charged with fleeing or eluding a law enforcement officer in a motor vehicle, you should know that you face serious consequences. Felony charges are possible, and you could spend years in prison. However, you should also know that there are a number of viable defenses to this crime. Of course, the most optimal defense strategy will depend on your unique circumstances – but these potential defenses highlight the possibilities:

No Reasonable Suspicion

The most obvious defense in this scenario for many defendants is the lack of reasonable suspicion. If you were not committing a crime and the police had no reason to believe that you were doing anything illegal, it may be unconstitutional for police officers to attempt to pull you over. As such, you may be legally justified in eluding or failing to stop based on the Fourth Amendment of the Constitution of the United States against unreasonable searches and seizures. MS Code § 97-9-72 (2020) specifically states that someone is only guilty of fleeing if the officer is “acting in the lawful performance of duty” and they have a “reasonable suspicion to believe that the driver in question has committed a crime.”

The Role of Expert Witnesses in DUI Defense

Published on: February 15, 2024 | by Vic Carmody Jr., P.A.

In the complex landscape of criminal law, defending individuals charged with driving under the influence (DUI) requires a comprehensive approach. One crucial aspect that can significantly impact the outcome of DUI cases is the testimony of expert witnesses. Expert witnesses play a pivotal role in DUI defense by providing specialized knowledge and objective analysis. In this blog, we will delve into the importance of expert witnesses and how their testimony can shape the defense strategy in DUI cases.

Understanding Expert Witnesses

Expert witnesses are professionals with specialized knowledge, training, education, or experience in a particular field relevant to the case at hand. In DUI defense, expert witnesses can include toxicologists, forensic chemists, accident reconstruction experts, field sobriety test specialists, and more. These individuals possess the expertise necessary to examine scientific evidence, evaluate the reliability of law enforcement procedures, and provide professional opinions regarding the defendant’s sobriety, the accuracy of test results, and any potential errors or inconsistencies.

States Cracking Down on DUIs

Published on: February 8, 2024 | by Vic Carmody Jr., P.A.

South Carolina is taking stricter measures to combat drunk driving, potentially creating a larger number of drivers who will have to use ignition interlock devices. These devices are breath-analysis systems integrated into a vehicle’s electrical system to prevent individuals under the influence from starting the car until they pass a breath test with a blood-alcohol level below 0.02%.

Here are the key points:

Expansion of the Program: South Carolina recently updated its laws, requiring anyone convicted of a DUI with a blood alcohol level of 0.08% to install an ignition interlock device. This represents a significant expansion from the previous requirement, which applied to those with a blood alcohol level of 0.15% or repeat offenders.

The Death Penalty in Mississippi: A Closer Look at Capital Punishment

Published on: January 25, 2024 | by Vic Carmody Jr., P.A.

The death penalty is a highly debated topic in Mississippi. It raises important questions about whether it is a fair and effective way to administer justice. In this blog, we will explore the history, legal framework, controversies, and ongoing discussions surrounding the use of the death penalty in Mississippi.

The Historical Context

Mississippi has a long history of using different methods, such as hanging, electrocution, and lethal injection, for carrying out the death penalty. Over time, the state has made changes to its approach based on legal reforms and changing public opinions.

How Does Mississippi Handle Armed Robbery?

Published on: January 18, 2024 | by Vic Carmody Jr., P.A.

Armed robbery is a serious criminal offense in Mississippi, punishable by imprisonment, fines, and other penalties. If you or a loved one has been charged with armed robbery, it is crucial to act quick and seek the help of an experienced criminal defense attorney who can provide you with effective legal representation.

How Does Mississippi Define Armed Robbery?

In Mississippi, every person who feloniously takes or attempts to take from another person or entity against his will through the use of force or the threat of force, while in possession of a deadly weapon or firearm is considered to be guilty of armed robbery. The state considers this to be a serious offense that can result in significant prison time and other severe penalties.