Mississippi Criminal and Family Law Blog

Stand Your Ground, Don’t Back Down – When is Violence Considered Self-Defense?

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

Generally, the law frowns upon acts of violence against another person or persons that results in injury or death. However, there are certain circumstances in which an individual may defend themselves against the assault of another if, for example, they are acting in self-defense of themselves or others, so long as certain standards are met.

There are conditions that an individual must satisfy for their use of force to be found as legally justifiable self-defense. First, the individual who claims to have acted in self-defense must have actually perceived an imminent threat of bodily harm and justify their perception. The individual must also demonstrate that he or she did not provoke the threat. You now may stand your ground and defend yourself in your home, your vehicle, or in your business. However, it is important to note that different states have different statutes that govern what does and what does not qualify as self-defense.

What is Justifiable Homicide in Mississippi?

Texas Man Arrested for Trafficking Pills Laced with Fentanyl in Mississippi

Published on: April 6, 2023 | by Vic Carmody Jr., P.A.

According to WLBT-TV, a Texas man has been charged with aggravated trafficking in Mississippi in mid-January. The man was allegedly arrested for trafficking over 10,000 pills, which consisted of fentanyl. As most are aware, fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger than morphine. It is extremely addictive and small doses of it can be deadly.

The incident occurred back in April when a Rankin County Sheriff’s Department Deputy stopped a Chevrolet Tahoe driven by the man as a result of a traffic violation. Reports indicate that a woman and child were also inside the vehicle at that time. Upon approaching the vehicle, the deputy reportedly observed that the back panel of the passenger seat was lying on the floor. The deputy also saw two large packages that were wrapped in electrical tape bulging from the altered passenger seat as well as a few blue M30 – commonly known as counterfeit oxycodone – pills on the floor.

After further investigation, the packages found in the vehicle were revealed to contain over 10,000 counterfeit blue M30 pills, containing both oxycodone and fentanyl. The man has since pled guilty to trafficking fentanyl and will serve 10 years at the Mississippi Department of Corrections without parole.

When Might You Face DUI Manslaughter Charges in Mississippi?

Published on: April 6, 2023 | by Vic Carmody Jr., P.A.

Facing manslaughter charges in Mississippi is a serious matter. People often face these charges in connection with DUIs. But when exactly might you face manslaughter charges for a DUI in Mississippi? If you kill someone while intoxicated and behind the wheel, does this automatically lead to manslaughter charges? These are just a few examples of questions that you might consider if you face a manslaughter DUI charge. Let’s explore this topic in more depth:

An Example of DUI Manslaughter

On February 1, it was reported that a man from Lauderdale County had been indicted for DUI manslaughter for a crash that occurred in 2021. Not only did he crash into an innocent motorist and kill them while intoxicated, but he was also found with a firearm despite the fact that he is a convicted felon. Finally, he was also charged with possession of a controlled substance. All of these charges mean that this individual will likely spend many years behind bars if convicted.

Divorce Based on Incarceration

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

Divorce is a difficult and emotional process, and when one spouse is incarcerated, it can add an additional layer of complexity to an already challenging situation. In Mississippi, divorce based on incarceration is a possibility, but it requires specific procedures and considerations.

How It Works

In Mississippi, a spouse may file for a divorce based on one or more fault grounds. These fault grounds include things like habitual cruel and inhuman treatment, adultery, habitual drunkenness, or willful desertion for at least one year. In addition to these grounds, a spouse may also file for divorce if their partner has been sentenced to prison for a crime, and they were not pardoned before they were incarcerated.

What is a Hate Crime and How Does Mississippi Handle Them?

Published on: March 30, 2023 | by Vic Carmody Jr., P.A.

According to the National Law Review, on January 10, 2023, a federal grand jury in Boise, Idaho returned an indictment charging an Idaho man with a hate crime. The indictment alleges that on October 12, 2022, a thirty-one (31) year old man attempted to cause bodily injury to two individuals in Boise by driving his car at them. The indictment further alleges that the attack was motivated by the actual and perceived sexual orientation of the victims. The Boise Police Department as well as the FBI Salt Lake City Field Office are the two agencies who investigated the case. Notably, it is crucial to mention that an indictment is merely a criminal charge, and the Idaho man charged is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

In 2021, the Federal Bureau of Investigation (FBI) released that there were 7,759 reported hate crimes in the US – by far the highest level in twelve (12) years. However, according to National Public Radio, some experts have expressed that the exact number of hate crimes in the US is likely higher as not every crime is reported to law enforcement, not every agency reports its data to the FBI, and many agencies report no incidents.

What is a Hate Crime?

Disorderly Conduct: Police Charged in Car Chase Disaster

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

Four Hawaii police officers have been charged for their involvement in a September, 2021 car crash on the island of Oahu that injured six people, two of them severely.

According to Courthouse News Service, the prosecutor overseeing the case filed felony charges against the officers. Officials say the officers chased down a vehicle without using their squad cars’ lights or sirens, ran the vehicle off the road, causing it to crash, and then left without helping.

Based on indictment papers, the four officers responded to a noise complaint at a beach park around 3:30 a.m. The officers followed a white sedan out form the park onto a highway, where they pursued the car at high speeds without activating their sirens or blue lights at any time as required by law.

It Was Just A Slap: The Simple Domestic Violence Charge in Mississippi

Published on: March 24, 2023 | by Vic Carmody Jr., P.A.

Domestic Violence is an issue that impacts all parts of society, regardless of a person’s race, gender, or income level. Recently, UFC (Ultimate Fighting Competition) President Dana White made headlines for slapping his wife at a nightclub. According to reports, White and his wife were seen arguing before he slapped her in the face. A video of the altercation quickly surfaced on social media, drawing outrage and criticism from across the sports world. While both parties supposedly apologized to one another, many are saying that White committed an act of domestic violence and should be removed as UFC head. White, himself, is even quoted as saying that, “there’s one thing you never bounce back from, and that’s putting your hands on a woman.”

White is the most recent public figure to be cast into the spotlight for a domestic violence issue. When looking at statistics, the impact and frequency of these issues on everyday people is staggering. According to the National Coalition Against Domestic Violence (NCADV), one in three women and one in four men have experienced some form of physical violence by an intimate partner. This includes a range of behaviors, including actions as simple as slapping, shoving, and pushing.

How is Simple Domestic Violence Defined in Mississippi?

Practical Tips for Sharing Child Custody

Published on: March 23, 2023 | by Vic Carmody Jr., P.A.

Sharing child custody can be a challenging process for parents who have separated or divorced. It is important to prioritize the well-being and best interests of the child while navigating this process. In this blog, we will discuss practical tips for sharing child custody that can help make the process smoother and less stressful for both parents and children.

Keep Essential Items at Both Homes – One way to make the transition between homes easier for your child is to keep essential items at both homes. This can include things like a toothbrush, pajamas, and school supplies. It can also be helpful to have a set of clothes and toys that stay at each home, so your child doesn’t have to pack a bag every time they switch homes.
Inform Your Child’s School – It’s important to inform your child’s school about the separation or divorce, so they know who is allowed to pick up your child from school. You should also provide the school with copies of any legal documents regarding custody and visitation rights. It might be helpful to tell your child’s teacher that you are in the process of getting a divorce or have recently gotten a divorce so that they can better deal with any behavioral problems that might come up.

The Verdict is in for the Alex Murdaugh Trial

Published on: March 21, 2023 | by Vic Carmody Jr., P.A.

South Carolina lawyer, Alex Murdaugh, was once a respected figure in the legal community. He came from a prominent family of lawyers, with his father and grandfather both having successful careers in the legal profession. Alex himself was known for his skill and success in the courtroom. However, in 2021, the seemingly perfect life of Alex Murdaugh began to unravel. In June of that year, he discovered the bodies of his wife and son at their family home. At the time, it was believed that they had been killed in a botched robbery attempt, and Alex himself became a key figure in the investigation.

As the investigation unfolded, the story became more complicated. It was revealed that Alex had been involved in a number of shady financial dealings. He was heavily in debt and had even misappropriated funds from a settlement for a client. It was also discovered that he had arranged for a former client to kill him in order to collect a life insurance payout, but that the hitman had botched the job.

As the evidence mounted against him, it became clear that Alex Murdaugh was not the victim he had claimed to be. In fact, he appeared to be a master manipulator who had orchestrated a web of lies and deceit in order to cover up his own crimes. The prosecution presented compelling evidence against Alex Murdaugh in his murder trial. There were inconsistencies in his story about discovering the bodies of his wife and son, and the forensic evidence did not support his version of events. The prosecution also presented evidence of his financial troubles and the failed hit on his own life, suggesting that he had a motive to kill his wife and son.

Extortion & Sextortion on the Rise in Jackson County, Mississippi

Published on: March 21, 2023 | by Vic Carmody Jr., P.A.

According to WDAM-7, Jackson County, Mississippi is beginning to see an uptick in child pornography extortion, or “sextortion” cases. Jackson County Sheriff, Mike Ezell, has taken it upon himself to try to warn parents about a social media scam that has been circulating and has resulted in an increase in child pornography extortion cases. According to Ezell, fake Snapchat accounts are created, and the account holder pretends to be a child. The account holder then asks other children for nude photographs, and once the photographs are sent, the child in the picture is then instructed to send money or it will be leaked.

As of late, the sheriff’s department has not been able to charge anyone yet because so far all of the cases have involved scammers from other countries, which is a problem in itself. Ezell added that, “it’s almost impossible to find, prosecute, or arrest them.”

What is Extortion?