Mississippi Criminal and Family Law BlogSome people assume that the internet is a place where you are free to do whatever you want, but that is just not the case. Although the web was once described as a “wild west” during the early days, several states have cracked down on internet crime, and Mississippi is certainly one of these states. Some of the most serious digital crimes are of a sexual nature, and you can face serious penalties if you are convicted of these offenses. But what kind of sex crimes can be committed online in Mississippi?
If you have been charged with any crime, it is best to get in touch with a qualified, experienced criminal defense lawyer as soon as possible. Our legal professionals can guide you toward a positive outcome while fighting for your rights in court. After assessing your unique situation, we can help you develop an effective defense strategy.
Revenge Porn
One of the most recent new laws in Mississippi was passed in 2021, and it concerns revenge porn. According to the new law, you are not allowed to disclose intimate material depicting other people without their consent. If you do so, you face a misdemeanor charge with a maximum jail sentence of six months. However, if you commit multiple offenses, you could face a felony and up to one year in prison. You may also face a felony even if it is your first offense – as long as you distribute the photos for profit or gain.
Child Porn
Child pornography is perhaps the most serious web-based sex crime you can commit in Mississippi. In 2020, it was reported that a man had been sentenced to 14 years in prison for possessing more than 70,000 child pornography images. As long as the child is under the age of 18, you cannot possess, produce, or distribute any sexual content depicting that individual. This is a felony offense that carries a maximum penalty of 40 years in prison.
Cyberstalking
Although cyberstalking is not always of a sexual nature, it is often carried out by those who are trying to get close to a victim without their consent. The motives of these acts are often sexual in nature. According to Mississippi law, it is illegal to threaten people online, communicate with people online for the purpose of harassing them, or make false statements about the death or injury of a person’s family or household. If convicted of this crime, you may face up to two years in prison and a $5,000 fine.
If the victim already issued a restraining order against you or you violate your parole, you could face up to five years in prison and a fine of up to $10,000.
Enlist the Help of a Qualified Attorney Today
If you have been searching for a criminal defense attorney in Mississippi, look no further than Vic Carmody Jr, P.A. Over the years, we have helped numerous defendants, including those who have been accused of online sex crimes. With our assistance, you can fight for your rights and mitigate any potential legal consequences you might be facing. Book your consultation today.
Can DNA Evidence be Dismissed?
This year, a man who committed a murder three decades ago was finally brought to justice in Mississippi thanks to DNA evidence. These stories are becoming more and more common as our DNA technology becomes increasingly advanced, giving this type of evidence a near-legendary reputation among the general population. And of course, Hollywood is filled with movies that shine a spotlight on the incredible advantages of DNA testing. But while DNA technology is undeniably advanced, it is not quite as infallible as the general population might think. In fact, there are many situations in which DNA evidence can be dismissed for being too unreliable, and defendants are wrongfully convicted of crimes due to faulty DNA evidence on a fairly regular basis.
If you have been charged with rape or murder, DNA evidence could play a key part in your trial. As a result, you might be wondering whether you can have this type of evidence dismissed. When is DNA evidence inadmissible in Mississippi? These questions are best left answered by a qualified professional – such as a criminal defense attorney. Book a consultation with one of our defense lawyers, and you can closely examine the evidence laid against you while looking for any potential errors. We can fight for your rights effectively, helping you mitigate potential consequences as much as possible.
Standard Principles for DNA Evidence
According to the American Bar Association, there are a number of “standard principles” when it comes to collecting DNA evidence:
- The evidence should be “collected, preserved, tested, and used when it may advance the determination of guilt or innocence.”
- The evidence must be used in a way that is “consistent with the rights of privacy and due process.”
- The evidence should be collected, preserved, tested, and interpreted in a way that “ensures the highest degree of accuracy and reliability.”
- The procedures must be transparent and available to the public for inspection.
When Can DNA Evidence be Dismissed?
DNA evidence can be dismissed whenever the above standards are not carefully followed. If you can successfully argue that the evidence was not tested in a way that ensured the highest possible levels of accuracy, it may be thrown out by the court. As it turns out, this is much more common than you might think. An article by The Atlantic quoted a criminology professor at the University of California, who stated test results were routinely misinterpreted, explaining:
“If this is incompetence, it’s gross incompetence … and repeated gross incompetence. You have to wonder if [the techs] could really be that stupid.”
In fact, DNA evidence has been used to wrongly convict the innocent on many occasions. Commenting on this issue, a biologist named Greg Hampikian stated:
“Just because it’s DNA doesn’t mean it’s good science.”
Enlist the Help of a Qualified Attorney Today
If you have been searching for a qualified, experienced criminal defense attorney in Mississippi, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous defendants with various trials, and we are ready to fight for your rights today. Book your consultation today, and we can get started on an effective defense strategy right away.