Articles Posted in MS Criminal Laws

Lance O. Mixon of the Carmody Law Office recently completed two series of advanced criminal defense training & continuing legal education (CLE) from the National Association of Criminal Defense Lawyers (NACDL), totaling over 25 hours of instruction and workshops.  In August, he attended the NACDL’s Annual National Meeting in West Palm Beach, Florida, as the only attorney from the State of Mississippi to be in attendance:

At this conference, titled You Can’t Win a Plea:  Winning Trial Techniques from the Masters, Lance participated in courses ranging from cutting edge Preliminary Hearing strategies, to breakout groups with exercises in crafting compelling Closing Arguments, and every component of the trial in between, for all types of criminal defense cases.

In November, Lance attended the NACDL’s Annual Defending Sex Crimes Seminar in Las Vegas, Nevada, as 1 of just 3 attorneys from Mississippi, which included associate Thomas Shaw from the Carmody Law Office.

While the ethical aspect of an abortion ban is a subject of much debate, the reality is that it is now against the law in the Magnolia State. This is one of the most notable changes in our state’s legal system within recent memory, and individuals must be aware of what this means going forward. This is especially true if you are a medical professional or anyone who provides medical services to pregnant women. If you choose to ignore these new laws, you face considerable consequences. A conscientious objection to the law is not a viable defense, and the state of Mississippi will show you no mercy. In fact, they will probably attempt to make an example of you in order to send a message to other citizens. But what do you need to know about Mississippi’s new abortion law, and what kind of penalties can you expect?

When is Abortion Legal in Mississippi?

Despite the fact that abortion is now illegal in Mississippi, there are a few exceptions to this rule. First, abortions are legal if they are carried out in order to save the pregnant mother’s life. If you participate in one of these procedures, you will not face criminal consequences as long as you can prove that the abortion was truly a life-saving measure. Secondly, women can get abortions if they were raped. However, they must report the rape to the authorities before getting the abortion. You cannot simply claim that you were raped after the abortion if there is no official documentation of the crime.

Churches are important religious symbols for many Mississippi communities, and seeing a church burn to the ground can be a truly disturbing sight. Unfortunately, churches are also common targets for arsonists. Whether these individuals wish to make political statements or simply engage in mischief, they face serious consequences for these crimes. But will the authorities charge higher penalties compared to the arson of less symbolic buildings, like offices or houses? What are the consequences of burning down a church in Mississippi, and how can you defend yourself if you have been charged with this crime?

Examples of Church Arson in Mississippi

 On November 8th, it was reported that a manhunt was underway for a suspected arsonist who had set fires in two churches near Jackson. In total, the individual set seven fires during a short period of time. One of the churches burned to the ground, and a baseball diamond at Jackson State University was also damaged. Fortunately, no injuries were reported – although one of the church elders was severely traumatized after watching his religious center burn to the ground. The church that was destroyed had just been renovated earlier in the year. Initially, authorities offered a $5,000 reward for anyone with information that led to an arrest.

As any defense lawyer worth their salt will tell you, police officers need a search warrant if they want to enter your home to search your property. If they enter your home anyway without a search warrant, their actions will likely be deemed unconstitutional in court. This means that anything that results from that search cannot be used against you, and any related charges must be dropped. For example, if the police search your home without a warrant and find an unlicensed firearm or a bag of illicit drugs, they cannot press charges related to these alleged offenses.

With all that said, “no-knock warrants” allow police to sidestep this important constitutional protection in some situations. The very concept of a no-knock warrant is highly controversial and a matter of intense debate throughout the nation. Critics not only point out the unconstitutionality of these actions, but they also highlight the fact that innocent people can be harmed or even killed by police officers who enter homes and assault alleged suspects. There have been many past instances where victims have been shot or suffocated after a no-knock warrant.

What makes this situation even more controversial in Mississippi is the fact that many search warrants mysteriously go missing after the fact. As a recent report pointed out, this makes scrutinizing the legitimacy of no-knock warrants much more difficult than it needs to be.

According to Mississippi Today, one year after a law expanded parole eligibility to more people incarcerated in Mississippi prisons, the state’s parole grant rate has declined by more than a third, a sign criminal justice reform advocates say show the law isn’t being fully implemented. Senate Bill 2795, known as the Mississippi Earned Parole Eligibility Act, became law in July 2021 with the goal of giving more people the opportunity to be heard by the Mississippi Parole Board and potentially be released from prison. As a result, about 5,700 additional people are expected to become parole eligible within the next five years, according to an estimate in the Corrections and Criminal Justice Oversight Task Force’s January report.

FWD.us, a criminal justice and immigration reform group, supported SB 2795. Once the law was implemented, results were encouraging; the parole grant rate climbed and the prison population rate declined to its lowest point in more than 20 years, the governor said. By November 2021, the parole grant rate reached a high of 93% and the board held over 1,000 parole hearings, according to numbers from the Mississippi Department of Corrections obtained by Mississippi Today. But soon after, parole rates and hearings began dropping each month. In July 2022, the most recent data available, the grant rate was 40% and the board held 633 hearings.

What are the Parole Rates as of Now?

Halloween is a fun family holiday that involves hundreds of years of tradition and enjoyment for those who participate. Halloween first originated from the ancient Celtic festivals where people would light bonfires and wear costumes to ward off ghosts. This day has its importance in other areas as it is often marked as the end of summer and the summer harvest. October 31^st has long been considered the beginning of the cold dark winter. Similar to the Celtics, Hispanic cultures have long celebrated “Día de los Muertos” or the “day of the dead” on November 1^st. All though that sounds menacing, it is considered a time where relatives and ancestors visit loved ones here on earth. Additionally, here in the United States, in the early 1900’s when more and more people moved to the cities, and Halloween became a night of mischief and pranks.  Today, Halloween is for little children to go trick or treating, communities to get together, and people having parties and celebrations. However, remnants of the old traditions remain and even though the costumes and decorations can be spooky, the real horror is the rise in crime and the punishment some pay face for those crimes.

https://www.history.com/topics/halloween/history-of-halloween

According to the NHTSA, 40% of the car accident fatalities are due to drinking and driving. Property crime is the most popular crime committed on Halloween and most of the crimes regard theft. Northeastern University, in a recent study, claims that violent crimes increase by as much as 50% on Halloween, two times the daily average.

The U.S. Constitution’s Second Amendment grants American citizens the right to bear arms. However, with that right comes certain responsibilities to use the gun appropriately. In the U.S., theft is the most common property crime, and assault is the most common violent crime.

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

Fake IDs are more common today than ever before. While some might argue that there is nothing wrong with a high school student using a fake ID to buy a six-pack of beer, this is still against the law. If Mississippi were to become lenient on this area of the law, we would soon be overwhelmed by fraud and deception. These laws exist because there are criminals out there who want to commit much worse crimes than simply buying a six-pack of beer while underage. A fake ID can allow you to steal someone’s identity, access prohibited areas, or even carry out terror attacks.

So, what are the crimes associated with buying a fake ID in Mississippi? Is it true that you can go to jail if you were simply trying to purchase alcohol while underage? What happens if you are caught running a fake ID operation? What if you are engaging in identity theft?

Examples of Fake ID Crimes

According to Mississippi Today, more people are being placed in prison in Mississippi per capita than any state or nation, including China, Russia, and Iran, according to the world population review.

Across the U.S., the number of those in prison in the U.S. is 16% lower today that before the pandemic, according to the vera institute of justice, but Mississippi’s rate is skyrocketing, rising more than 1,500 in less than six months. That population now exceeds 18,000—the highest rate since April 2020. “We have perfected throwing people away for long periods of time, and yet after decades and decades of this approach, Mississippians are more fearful about violent crime than any time i can remember” said cliff Johnson, director of the Macarthur Justice Center at the University of Mississippi School of Law.

How Many Inmates are Incarcerated in Mississippi?

Most people around the world treat and value animals with dignity and respect. This is especially true for pet owners or owners of service animals. Service animals in particular, hold a high regard in the community whether they are personal service animals to assist in daily life, or if they are police agency service animals. Most people are familiar with animals being used to help police and other agencies do their job. However, some are unaware that if you injure one of these police service animals, there are heavy consequences that may follow.

In August 2022, a 19-year-old police horse named Eton, was struck by a drunk driver for the second time in Wilmington, North Carolina. Eton, a 16-year police veteran, is known for boosting the departments work in public relations as well as crowd control. The horse only had minor injuries in both instances and thankfully the horse is ok and back on the job. However, the driver not only had the dui to worry about, but also a potential felony for injuring a police service animal.

https://www.newsweek.com/police-horse-hit-drunk-driver-second-time-16-year-career-north-carolina-1741194