MS Criminal Laws

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.

Locked and Loaded: Navigating Gun Violence and Legal Challenges in Mississippi

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

The 2023 St. Paddy’s Day parade in downtown Jackson took a tragic turn when two people were shot and killed. The suspect, Jordan Kyle Cummins, was arrested by Capitol Police. This incident sheds light on the gun violence problem in Mississippi. According to WAPT News, two victims were shot and killed around 1:00 p.m. during the parade festivities. Authorities said that Cummins was taken into custody without incident.

According to the Centers for Disease Control and Prevention, Mississippi has had a higher gun mortality rate than any other state in the country. In 2020, Mississippi had a death rate of 28.6%, and with all of the gun related deaths that are on the news, it is likely that this number hasn’t decreased since 2020.

The Most Common Gun Crime Charges in Mississippi

Mississippi Addresses Mental Health with House Bill 1222

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

The week of March 13, 2023, Mississippi passed House Bill 1222, also called the Mississippi Collaborative Response to Mental Health Act. This bill, which passed unanimously, was sent to the governor for his signature. It requires each municipality and county law enforcement agency to provide mental health training to all officers by 2031. It also requires that these law enforcement agencies must employ at least one Crisis Intervention Team Officer by the year 2025.

In the wake of police brutality and the broad media coverage it has gained, many states are looking at ways to curb deaths caused by police. For most, this looks like some sort of intervention program such as the one proposed here in Mississippi. According to the Journal of the American Academy of Psychiatry and the Law, of the 1,000 people fatally shot by police in 2018, 25% were mentally ill. The type of training looking to be introduced here aims to reduce the risk of serious injury or death during an emergency interaction between people with mental illness and police officers. Studies show this type of training leads to beneficial officer-level outcomes, such as officer satisfaction and self-perception of a reduction in use of force. It would also likely lead to prebooking diversion from jails to psychiatric facilities. This way, those suffering from mental illness can get the help they need rather than being thrown in a stressful environment like jail which would only make the matter worse.

Mental Illness in the Mississippi

Auto Thefts and Carjackings on the Rise

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

Motor vehicle thefts across 30 major cities have increased by 59% from 2019 to 2022, according to the statistics released by the Council on Criminal Justice earlier this year. CBS News reported that according to a criminologist, Dr. Richard Rosenfeld, “motor vehicle thefts had been plummeting” for decades and were on their way down, due largely in part to the fact newer technology made stealing a car more difficult. However, Dr. Rosenfeld disclosed that the downward trend quickly began reversing “right at the start” of the pandemic, and “has persisted through the end of 2022 with no sign of letting up.”

According to the Department of Justice, Bureau of Justice Statistics, motor vehicle theft is the third most common property crime in the United States. Data from the city of Chicago indicates that most citywide carjackers are young adults, but that carjackings by juveniles has more than doubled, from 18% to 41%, between 2016 and 2021. Additionally, the National Insurance Crime Bureau reported that there were more than 936,000 vehicle thefts in 2021, a 27% increase since 2019. Crime analysts like Dr. Rosenberg stress that “recent increases in property crime and carjacking require immediate action from law enforcement and policy makers.”

How Does Mississippi Define Carjacking?

Can AI Be Used as Evidence in Mississippi Criminal Trials?

Published on: November 16, 2023 | by Vic Carmody Jr., P.A.

Both defendants and prosecutors can call upon witnesses to testify during criminal trials – but what happens if that witness is an artificial intelligence rather than a human being? One might argue that AIs are inherently more reliable witnesses, and they are not subject to factors like bias or faulty memories. On the other hand, you might argue that AIs are fully capable of making mistakes, misinterpreting facts, and generally providing unreliable information. Whatever the case may be, prosecutors and authorities are already beginning to rely on AI for law enforcement purposes. How does this affect Mississippi residents?

The Authorities are Already Using AI to Pursue Suspects

The truth is that the use of AI in law enforcement is not a “theory” – it is already being used in states like Mississippi. There is a wide range of AI tools currently being used by law enforcement officials throughout the nation.

When Halloween Fun Leads to Criminal Charges in Mississippi

Published on: November 2, 2023 | by Vic Carmody Jr., P.A.

Halloween is a wild night for many – representing an opportunity to embrace the spookiness and our darker sides. However, the rule of law does not suddenly cease to exist on Halloween night. On the morning of November 1, many people wake up and are confronted with the consequences of their activities during the previous night. There are endless possibilities when it comes to criminal charges after Halloween night, and people of all ages may experience consequences for their actions.

Crime Statistics on Halloween

According to various reports, violent crime rates increase by about 50% above the daily average on Halloween. In addition, pedestrian deaths are much more common on Halloween night for obvious reasons. With more pedestrians on the streets, it is easier for trick-or-treaters to be struck and killed by vehicles.