Mississippi Criminal and Family Law Blog

Shoplifting–What’s your plan when the getaway car catches on fire?

Published on: June 19, 2023 | by Vic Carmody Jr., P.A.

According to an arrest report, a woman from Florida is facing charges of aggravated child neglect and arson after her car caught fire while she was allegedly shoplifting at a central Florida mall.

The incident occurred on May 26, 2023 at Oviedo Mall, where Alicia Moore, 24, parked her car in a parking lot outside a Dillard’s department store. The arrest report, filed by the Oviedo Police Department, stated that Moore left children inside the vehicle. The names and ages of the children were redacted, but it was reported that two youngsters were present.

Security personnel at the mall witnessed Moore and an unidentified man shoplifting at Dillard’s. After approximately an hour, Moore noticed her car engulfed in flames as she was leaving the store. She dropped the stolen merchandise and fled the scene.

A Game of “Cops & Robbers” Is No Game at All

Published on: June 14, 2023 | by Vic Carmody Jr., P.A.

According to Action News 5, the Olive Branch, Mississippi Police Department has alarmed its residents to be on guard against phone calls from individuals posing as representatives of the City of Hernando Police Department. These impersonators employ tactics designed to deceive unsuspecting victims into believing that they have outstanding warrants or fines that require immediate payment. The Olive Branch Police Department advises against providing any personal information or making any payments in response to such calls, as legitimate law enforcement agencies do not make financial requests over the phone.

Financial Scams and Identity Theft Risks

The impersonation of law enforcement officers for financial gain is a particularly concerning form of fraud. Scammers exploit the trust and authority associated with the police to coerce individuals into providing sensitive personal information or making payments under false pretenses. Victims of these scams can suffer significant financial losses, and their identities may be compromised, leading to further harm. It is crucial to be aware of these risks and to exercise caution when engaging with anyone claiming to be a law enforcement representative.

Beyond the Gavel: Fighting for Justice through Criminal Appeals

Published on: June 13, 2023 | by Vic Carmody Jr., P.A.

The appeals process can be a complex and lengthy legal process. It involves asking a higher court to review the lower court’s verdict and determine if there were any legal errors made during the initial trial that could have impacted the outcome of the case.

To start the appeals process, the defendant must file a notice of appeal within a specific timeframe (usually 30 days) of the lower court’s judgment. This notice secures the right to appeal and initiates the process of assembling the trial record, which includes all the relevant documents, transcripts, and exhibits from the initial trial. This record is important because it provides the appellate court with a complete understanding of the events that took place during the trial.

Once the trial record has been assembled, the defendant’s lawyer will review it and identify any potential errors that occurred during the trial that may have impacted the verdict. Common grounds for appeal may include:

Mississippi State Trooper Charged after Allegedly Shooting and Killing Neighbor’s Dog

Published on: June 12, 2023 | by Vic Carmody Jr., P.A.

According to WLBT-TV, a Mississippi State Patrol trooper is currently under investigation in Calhoun County, Mississippi for the alleged killing of his neighbor’s dog. The neighbors are accusing the trooper of shooting and ultimately killing their 9-year-old dog. It has been reported that the trooper is currently on administrative leave without pay pending the outcome of the investigation. According to investigators, the trooper has since been charged with aggravated cruelty to an animal, specifically a dog.

How Does Mississippi Define Aggravated Cruelty to a Dog?

The Mississippi legislature enacted the “Mississippi Dog and Cat Pet Protection Law of 2011” to provide for the protection of domesticated dogs and cats which serve as the loyal and beloved pets citizens of the state of Mississippi. Under this law, if a person intentionally tortures, mutilates, maims, burns, starves to death, crushes, disfigures, drowns, suffocates, or impales any domesticated dog or cat, or causes another person to do the same, then he or she will be guilty of the offense of aggravated cruelty to a domesticated dog or cat.

“I Want My Kid Back!” – How to Change Your Child Custody Arrangement

Published on: June 9, 2023 | by Vic Carmody Jr., P.A.

When a child custody arrangement is established, it is meant to provide stability and consistency for the child. However, as time passes, circumstances can change, and what once worked for the family may no longer be working. In those types of cases, it might be a good idea to ask the court to modify the custody arrangement.

In Mississippi, there are specific rules and procedures for child custody modifications. In this blog post, we will discuss the rules for custody modifications, how the process works, and the importance of hiring an experienced family law attorney to handle your custody modification case.

Rules for Custody Modifications in Mississippi

Walmart Arsonist Gets Double the Normal Sentence

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

Arson is a serious offense in Mississippi, and you can expect stiff penalties if you are convicted of this crime. But your penalties depend on various factors, including the judge’s approach to your case. Some judges act in a predictable manner, while others make decisions that seem to go against patterns set by past arson cases. Such was the case when a Walmart arsonist received double the recommended sentence in Mississippi.

But why did this arsonist receive a sentence that was so different from the recommendations of the prosecutors? What made this judge act in such an unpredictable manner? At the end of the day, this is simply the unpredictable nature of the justice system. Sometimes, things just do not turn out the way we expect them to. On the other hand, all defendants can pursue more predictable and positive results by working with qualified, experienced criminal defense attorneys in Mississippi.

Arsonist Gets 18 Years in Federal Prison for String of Targeted Walmart Attacks

What to do if you’ve been stopped by the Police

Published on: June 5, 2023 | by Vic Carmody Jr., P.A.

Police have one mission in their role as officers—to serve and protect. As officers of the law, we look to the police in times of need to help and keep us safe. For some, an encounter with the police may invoke feelings of nervousness or fear, regardless of circumstance. Here are some general things to know about being stopped by police regarding your rights.

If stopped in your car, here are some things to know. Officers cannot legally pull you over without probable cause. Probable cause means there is a very good reason to believe a person has committed a crime, or that evidence of a crime can be found in a specific space. Some examples of this include suspicious behavior that a driver is under the influence, swerving, or a clear violation of the law. If pulled over, it is important to comply with the officer and remember the stated reason for pulling you over.

When stopped, be sure to quickly pull your car over in a safe, well-lit place. You can pre-emptively roll down the window, and have your driver’s license, registration, and proof of insurance ready to show the officer should they ask. If an officer asks to look inside your car, you can refuse to consent to the search unless they have a warrant. However, if police believe your car contains evidence of a crime, your car can be searched without your consent. Same as being pulled over, officers must have probable cause to search your car, such as smelling drugs or alcohol, or seeing open beer bottles, firearms, or drug paraphernalia in plain view.

Demystifying Felony Murder in Mississippi

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

Introduction

Criminal law can often be challenging to comprehend, and felony murder is no exception. In this blog post, we aim to explain the felony murder rule in Mississippi without unnecessary complications. Felony murder differs significantly from “regular murder,” and prosecutors often pursue felony murder charges because they can be easier to prove. Moreover, felony murder can escalate to capital murder, carrying the potential for the death penalty or life imprisonment without parole.

Understanding Felony Murder

Co-parenting In The Summer Doesn’t Have To Be A Heated Discussion

Published on: May 31, 2023 | by Vic Carmody Jr., P.A.

Tips for Co-parenting During the Summer

Co-parenting can be a challenging task, especially during the summer when children are out of school and schedules may be less structured. However, with a little bit of planning and communication, co-parenting during the summer can be a fun and rewarding experience for everyone involved. Here are some tips to help you successfully co-parent during the summer months.

Plan ahead: Summer is a busy time for everyone, so it’s important to plan ahead as much as possible. Sit down with your co-parent and create a summer schedule that includes vacation time, camp schedules, and any other activities or events that you want to do with your child. Having a clear plan in place will help to minimize confusion and conflict.

Down to the Wire – What is Wire Fraud and What are Mississippi Laws Surrounding It?

Published on: May 31, 2023 | by Vic Carmody Jr., P.A.

According to Forbes, a cast member of Bravo’s Real Housewives of Salt Lake City, was sentenced to six and a half (6.5) years in prison and five (5) years of supervised release after pleading guilty for the role she played in running a nationwide telemarketing fraud scheme. The cast member and her right-hand man were arrested in 2021 and charged with conspiracy to commit wire fraud in connection with telemarketing. The Department of Justice stated that the cast member “defrauded hundreds of victims” and “generated and sold ‘lead lists’ of innocent individuals for other members of their scheme to repeatedly scam.” The Department of Justice continued on to say that the cast member built her lavish lifestyle “at the expense of vulnerable, often elderly, working-class people.”

Wire fraud is quickly becoming an epidemic. According to an FBI report, in 2021, over $6.9 billion was lost to cybercrime, far surpassing the previous year’s by nearly $2 billion. Some common examples of wire fraud include but are not limited to online phishing scams, unauthorized payments, and telemarketing schemes.

What is Wire Fraud Legally Speaking?