Mississippi Criminal and Family Law Blog

States Look to Impose Stricter DUI Penalties

Published on: May 17, 2023 | by Vic Carmody Jr., P.A.

In Illinois, State senator Steve McClure (R-Springfield), has introduced Senate Bill 1405, also called “Lindsey’s Law”. The motivating factor being this legislator’s desire to toughen law for impaired drivers who kill and injure others is the death of a Springfield woman in 2015. The bill would allow authorities to charge intoxicated drivers with a Class 2 felony if they kill someone while also causing great bodily harm, permanent disability or disfigurement of others while driving a motor vehicle, snowmobile, all-terrain vehicle, or watercraft. A Class 2 felony is punishable by a term of imprisonment of not less than four years and not more than 20 years.

26 year old Lindsey Sharp was hit and killed by a drunken driver in the parking lot of a Springfield Walmart in June 2015. In her memory, McClure has introduced the legislation more than once. “I am doing this for Lindsey’s mom. For her, this is personal. Lindsey’s son, who was severely injured, and her boyfriend, received no justice. It’s wrong for the second and third victims to not get justice,” McClure said. “This issue is being driven by her family; it’s not something I just thought up. We will keep fighting for it and hopefully it will pass this session,” McClure said. “It’s important to them and they want to see a horrible situation made as right as it can be.”

McClure has passed the same bill on at least 3 separate occasions, in hopes of honoring Lindsey’s life. Each time, according to McClure, the bill gets bottled up in committee. The latest version of the bill was referred to the Senate Special Committee on Criminal Law and Public Safety. “If it were called to committee, I believe it would pass. This is a common sense bill. I believe there is wide support for it, but the problem is getting it out of committee and if you have one person who doesn’t want something out of committee, they will hold it up,” McClure said.

Hands Off My iPhone!

Published on: May 15, 2023 | by Vic Carmody Jr., P.A.

Know Your Rights

Face ID and Touch ID are not your friends when it comes to your phone and law enforcement. Recently, in a search warrant that gave law enforcement access to President Trump’s fixer Michael Cohen, federal authorities requested access to Mr. Cohen’s phone and other devices by “use of the fingerprints of the user . . . or by holding the device in front of the user’s face.” The police wanted to obtain access to Mr. Cohen’s data by forcing Mr. Cohen to place his finger on his iPhone’s fingerprint scanner or by forcing Mr. Cohen to look into his iPhone camera so that the Face ID would unlock the phone. The police requested access to Mr. Cohen’s phone in this way because they did not know his passwords.

The police cannot use a search warrant to force you to provide law enforcement your passcode, PIN, or password because they are protected by your Fifth-amendment right against self-incrimination. Essentially, your passwords are material you know, while Face ID, Touch ID, and other biometric data are information you have to protect your phone privacy. It is not a violation of your right against self-incrimination for police to force you to turn over information you have that may help their case against you. Thus, it is crucial to protect yourself. Here are several ways that you can.

It Just is Not Me!! Exonerate Yourself from False Accusations

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

Exonerate Yourself from False Accusations

False accusations of sexual assault or molestation are a serious problem that can have devastating consequences for the accused individual. Although the actual prevalence of false accusations is difficult to determine, estimates suggest that up to 40% of sexual assault or molestation accusations may be false or exaggerated. The reasons why someone may falsely accuse another person of these crimes are varied and complex, and may include motivations such as monetary gain, advantage in a divorce case, or a desire to damage someone’s reputation out of jealousy or pettiness.

For someone who has been falsely accused of sexual assault or molestation, the situation can be incredibly overwhelming and traumatic. Not only must they contend with the emotional fallout of being falsely accused of a terrible crime, but they must also navigate the legal system to prove their innocence. This can be an incredibly daunting process, but with the help of an experienced and qualified criminal defense attorney, it is possible to gather the necessary evidence to support an argument of innocence.

Possessing Stolen Property In Mississippi

Published on: May 11, 2023 | by Vic Carmody Jr., P.A.

Two Teens Charged After Driving Stolen Truck and Causing Crash

According to WLOX, two teens are facing a slew of charges after crashing a stolen vehicle into a school bus in D’lberville and attempting to evade arrest. Reports indicate that the incident began when officers received an alert that a stolen 2021 Chevrolet Silverado was traveling eastbound on I-10. Around the same time the initial alert was put out, another officer in the area spotted a vehicle matching the description of the stolen truck and attempted to stop it. Rather than stopping, the vehicle accelerated which led to a pursuit. According to reports, the driver attempted to turn at a high rate of speed causing the said driver to lose control and crash into another driver, which subsequently struck a school bus. Both the driver and the passenger are under the age of 18, and were charged with receiving stolen property, minor in possession of a firearm, and simple possession of marijuana. The driver was also charged with eluding.

How Does Mississippi Define Receiving Stolen Property?

Capital Murder In Mississippi

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

Grand Jury Indicts 22-Year-Old on Capital Murder Charges

According to Mississippi Today, a Lafayette County grand jury indicted a 22-year-old Ole Miss graduate for the alleged murder of an LGBTQ+ student, Jimmie “Jay” Lee. According to a filing from the Lafayette County Circuit Court, the jurors indicted the young man on a charge of capital murder because he allegedly killed Lee while kidnapping him. The young man was originally arrested for the alleged murder back in July of 2022. Lee’s disappearance caught national attention during this time, in part because of the fear it sparked in Oxford’s tight knit LGBTQ+ community. Because of the severity of the charge, if convicted, the young man could potentially receive the death penalty. However, the young man and his family remain optimistic, as he continues to maintain his innocence.

How Does Mississippi Define Capital Murder?

Where’s The Rum Cake?! How Foods With Hidden Alcohol Can Be Bad News

Published on: May 4, 2023 | by Vic Carmody Jr., P.A.

Food Cooked in Alcohol Can Land You in Trouble

You enjoy eating meals with wine reductions and desserts soaked in rum. You like to try anything with alcohol, but you always believed that when cooked and eaten in food, alcohol was no longer a concern. The truth is much more complicated. Foods that are mixed with alcohol may end up with an alcohol content, but they may also retain enough alcohol that you could become legally under the influence after a few servings. Let’s say hypothetically that you went out to eat with friends and made sure you didn’t drink, because you had to be the one to drive home sober. Not long after you started your drive home, you noticed that you weren’t feeling quite right. Shortly thereafter, a police officer pulled you over to the side of the road. He asked you to complete a Breathalyzer test and you agreed, because you knew you hadn’t had anything to drink that evening. To your surprise, you were shocked when the results came back indicting that your blood alcohol content (BAC) was over .08 percent. Interestingly, you can get legally intoxicated from eating food made with alcohol.

Don’t fall for the myth of food-based alcohol sobriety

Your Child’s Sex Change

Published on: May 3, 2023 | by Vic Carmody Jr., P.A.

Your Child’s Gender Transition in Mississippi Could Lead To Your Arrest

Transgenderism is an extremely controversial topic in Mississippi and across the United States. Everyone seems to have a different opinion, and various states have created very different laws that govern transgender people and their ability to transition to their identified sex. Mississippi is no exception, and this Republican state has taken a firm stance against youths transitioning to a different gender. State legislators have already created laws that would penalize anyone assisting children who want to transition. But what happens if you are the parent of a transgender child? Could you really face legal penalties for helping them? Is it true that you might even face child abuse charges if you help your transgender child in Mississippi? Let’s find out.

The Current Penalties for Assisting Child Transitions in Mississippi

“The Burning Man” – Not Just a Social Event or a Problem Solver

Published on: April 28, 2023 | by Vic Carmody Jr., P.A.

A 63-year-old Mobile, Alabama woman was accused of setting her husband on fire earlier this week, according to WLBT-TV. Reports by the Mobile Police Department indicate that officers responded to the scene around 6:30 in the evening in reference to a medical emergency. Once on the scene, officers discovered that the woman seemingly doused her husband with flammable liquid and set him on fire. The woman was present on the scene when the authorities arrived, and her husband was taken to the hospital with life-threatening injuries. The woman is facing an aggravated domestic violence charge, and reports indicate that her bond has been set at $7,500. In addition, the judge has ordered that the woman have no contact with her husband.

Domestic violence is a pervasive problem in Mississippi, and aggravated domestic violence is a particularly serious subset of this crime. According to the Mississippi Coalition Against Domestic Violence, in 2020:

There were 19 domestic violence-related fatalities in Mississippi.

Livestock Theft in Mississippi

Published on: April 28, 2023 | by Vic Carmody Jr., P.A.

According to WLBT-TV Channel 3, a horse ran to safety after a group of people attempted to steal it from a pasture in Clay County, Mississippi. Sheriff Eddie Scott claims that one of the offenders saw the horse and hatched a plan with two juveniles and another man to help load the horse into a trailer. Reports indicate that the group allegedly walked the horse down the road, but it broke free from and ran back to its pasture. One of the offenders has since been charged with livestock theft.

Livestock theft is a serious crime that is unfortunately common in the state of Mississippi. With a significant portion of the state’s economy relying on agriculture and farming, livestock theft can have a devastating impact on the livelihoods of farmers and ranchers.

How Does Mississippi Define Livestock & Livestock Theft?

DNA Test Confirms Man Fathered Child of Teenage Victim

Published on: April 26, 2023 | by Vic Carmody Jr., P.A.

A DNA test shows that a man from Hancock County, Mississippi fathered the 18-month-old child of his teenage victim, according to WLBT-TV. Officials say that the investigation began in early January 2023 when deputies were called to speak with a 16-year-old girl who alleged that she had been molested and raped over the past several years. After obtaining DNA samples and running a paternity test, investigators obtained evidence that the man was in fact the father of the child.

Additionally, reports indicate that deputies learned of additional sex crimes allegedly committed by the man in other jurisdictions, such as Louisiana. The man has since been arrested and charged with sexual battery as well as molestation. He is currently being housed at the Hancock County Adult Detention Center on a $200,000 bond in addition to a hold for Vernon Parrish Sheriff’s Office.

How Does Mississippi Define Sexual Battery?