Articles Posted in MS Criminal Laws

Folks will lie to get what they want if they think they can get away with it. It may seem completely unbelievable to the average person but there are people out there that have no hesitations about accusing others of molestation or rape. Although official numbers have never been accurately determined, there are estimates that accusations of a crime as serious as sexual molestation or rape are falsified or exaggerated by up to 40%. The question then becomes why would someone want to lie about being molested or sexually assaulted.

There are three main reasons why false molestation or rape accusations come about, such as:

1. Monetary gain: Based on the details of the case and the emotional and physical harm allegedly inflicted, a judge may order restitution be paid by the offender to the “victim.”

Not all crimes are created equally, but they can all potentially result in serious consequences for an offender, including fines, probation, jail time, and a criminal record. Shoplifting is one of those crimes that people often view as a minor, non-violent criminal offense. Stealing a snack from a convenience store may not be thought of on the same level as robbery, but it can result in the offender having to deal with extreme consequences in the state of Mississippi. 

Mississippi Shoplifting Laws 

Before we get into the potential consequences of shoplifting, let’s define what it means. 

You may be familiar with the insanity defense for those charged with a serious crime like murder, rape, robbery and other crimes that carry the death penalty, but you may not understand how it works. A defendant may be found not guilty by reason of insanity for serious crimes. However, what the outcome of such a ruling is that the Defendant is not insane. An insanity defense does not claim that a defendant is innocent, but rather that they did commit the criminal act, but are not legally culpable (viable) for their conduct because of their poor mental health. 

Mississippi’s rules of criminal procedure are very clear that a person’s competency to stand trial is completely separate from whether a person was sane at the time of an alleged defense. Both competency and sanity require that there be a mental evaluation of the defendant. But whereas a competency evaluation determines whether the client understands the nature and seriousness of the crime, a sanity evaluation goes much deeper. It is at the sanity evaluation stage that an inexperienced lawyer fails to consider.  

The biggest problem with asserting insanity, and therefore having a sanity evaluation, is that to assert the defense, a defendant and his lawyer are effectively admitting that the person committed the crime, but that the defendant suffered from such a mental disorder that they could not understand the gravity of their actions or the consequences. Not only that, but when the person goes for their mental evaluation, they must reveal all of the details of the underlying crime, and that information must be turned over to the prosecution if the lawyer continues to assert insanity as his client’s defense.  

In the practice of law, defendants have the option of pro se (Latin for “on behalf of themselves”), Meaning they represent themselves in a civil or criminal case in court. Although this practice can save the offender the cost of hiring an attorney, the results are almost always disappointing and leave offenders wishing that they had retained a qualified attorney. Pro se defendants rarely win, and it’s not hard to see why. Oftentimes attorneys can turn to current court decisions to help them answer difficult questions regarding the law. Let’s see what the courts have to say about this issue of offenders deciding to represent themselves in court on criminal charges. The assistance of counsel is essential to putting your best foot forward on your day in court. United States v. Gonzalez -Lopez, 548 U.S. 140 (2006). The Court’s decision stated that representation by counsel is critical to the ability of the adversarial system to produce just results. Strickland v. Washington, 466 U.S. 668 (1984). The untrained defendant is in no position to defend himself, even when there are no complexities surrounding the defendant’s case. State v Sugar, 417 A.2D 474 (1980). Without the guiding hand of counsel, an innocent defendant may lose his or her freedom because he or she does not know how to establish his or her innocence.  

 As one can clearly see, our courts say that offenders should seek counsel when dealing with issues in court. Our attorneys at the Carmody law firm believe in the importance of the right to counsel and will work zealously to defend your rights in court.  

 What Are Some Advantages of Hiring a Qualified Criminal Defense Attorney?  

When most of us hear the word “stalker,” we imagine a disgruntled ex-boyfriend who follows a woman around and spies on her. But stalking is not always about relationships. In Mississippi, you can be charged with stalking someone who is not your ex, such as a public official, a celebrity, or anyone else for that matter. This is definitely something to keep in mind if you face stalking charges, since many people assume that this law only applies to romantic relationships. One recent example of stalking in Mississippi highlights the fact that it is much more universal.  

Man Faces Felony Stalking After String of Incidents with Oxford Mayor 

On July 6th, it was reported that the Lafayette County Circuit Court had denied bail for a man facing felony stalking charges. He was not stalking an ex-partner but rather the mayor of Oxford, Robyn Tannehill. This incident really began all the way back in 2017, when the defendant appeared in the town square armed with a military-style rifle and a Confederate flag.  

Mississippi is known for many things, including blues music, agriculture, and catfish. But the Magnolia State is also earning a somewhat less impressive reputation for incarcerating more people than any other place on the planet. Mississippi even beats highly authoritarian nations such as North Korea, believe it or not. Why is this, and what can you do if you are one of the many people who face prison or jail time in this state? 

If you are facing the possibility of incarceration, get in touch with a defense attorney as soon as possible. Although enlisting the help of a public defender is always an option, a private defense attorney is usually highly motivated and less likely to accept plea deals. This increases the chances of you avoiding incarceration altogether. No matter what you choose to do, the most important thing is to act quickly and start developing a defense strategy as soon as possible.  

Mississippi Has More Inmates Per Capita Than Any State or Nation 

Anyone can face assault charges in Mississippi – even mayors. After all, everyone is supposed to be equal in the eyes of the law, and no one is above justice. This was proven without a doubt when a mayor in Mississippi was arrested on assault charges. What exactly happened here, and what does this tell us about assault laws in the Magnolia State? 

If you have been charged with assault in Mississippi, your best bet is to get in touch with an experienced criminal defense attorney as soon as possible. Our legal professionals can assess your unique situation during consultation before guiding you toward the best possible outcome. With our help, you can receive personalized legal advice and guidance, allowing you to approach this daunting situation with confidence. 

 Mayor of Magee Arrested on Assault Charges 

The difference between voluntary and involuntary manslaughter is important to know, because this could make the difference between limited time in prison and a lifetime in prison. Our attorneys at the Carmody Law Firm know the difference, and will fight for your rights and your freedom in court.  

What are the Elements of Voluntary Manslaughter? 

In Mississippi, voluntary manslaughter is the intentional killing of another person. However, the act does not need to be premeditated, such as killing during combat or after being provoked by the alleged victim. Note that the provocation has to be reasonable. For example, mere insults are not simply enough to constitute reasonable provocation for you to kill the person. 

Arson is a relatively common pastime in Mississippi, with at least three arsonists setting fire to structures within the past week alone. Before you get involved in this pastime yourself, you might want to consider the potential penalties for this offense. Mississippi takes arson seriously. It does not matter whether you were setting fire to something as part of a political protest or whether you were simply bored. You may go to prison for a long time if you commit arson.  

 The good news is that with help from a criminal defense attorney in Mississippi, you have your best chance at protecting your rights, avoiding prison time, and mitigating any legal issues you might be facing. With all that said, it is difficult to strive for a positive outcome if you wait too long to get started, so get in touch with a defense attorney right away if you are serious about fighting for your rights.  

 Keokuk Woman Charged With Arson 

Any criminal charge can have life-altering consequences, but if you’re convicted for a violent crime, the consequences will be even greater. Violent crimes are considered a threat to society, which is why the courts aim to punish those convicted with harsh penalties. However, crimes of violence are rarely as black and white as they appear on paper. Our attorneys at the Carmody Law Firm understand that a close inspection/investigation soon after is extremely important when dealing with cases of a violent nature. Simply being charged with armed robbery, murder, assault, kidnapping, or a sexual offense also carries a certain stigma in the community that will have a lasting impact on the offender’s life, even if there is no conviction. 

In addition, the repercussions for a conviction can be hefty, and will include lengthy prison times, large fines, and a damaging mark on your criminal record. Anyone charged with a crime of violence should seek out a qualified criminal defense attorney as soon as possible to evaluate their case.  

What Should an Offender do When Being Charged with a Violent Crime Prior to Speaking to their Criminal Defense Attorney?