Mississippi Criminal and Family Law Blog

Can I Divorce My Pregnant Wife?

Published on: March 16, 2023 | by Vic Carmody Jr., P.A.

Under Mississippi law, a divorce cannot be granted while the wife is pregnant. This is because the state recognizes the importance of preserving the family unit during this time, and believes that the couple should make every effort to work out their differences and preserve their marriage. If a couple decides to proceed with a divorce while the wife is pregnant, they must wait until after the baby is born before they can file for divorce. This means that the couple will be legally married throughout the pregnancy, and will need to make arrangements for the care of their child after the divorce is finalized.

It’s important to note that there are exceptions to this rule. If the pregnancy is the result of infidelity, the husband may be able to file for divorce on the grounds of adultery. However, this can be a difficult case to prove and should be discussed with an experienced divorce attorney. In addition, if the wife’s health is in danger, the court may grant an expedited divorce. This is rare, but it may be possible if the pregnancy is putting the mother’s life at risk.

It’s also worth noting that Mississippi law allows for temporary separations, which can be granted during a pregnancy. This means that the couple can live apart during the pregnancy, but they will still be legally married.

Don’t let the Green Beer Cause You to See the Blue Lights

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

Every year, it seems like the annual St. Patrick’s Day party gets bigger, more fun, and even more wild than the year before. Millions of Americans enjoy celebrating Irish heritage, Catholic traditions, and green beer every March. It can be a lot of fun, but sometimes those emerald lagers can turn into clover-shaped, beer-tinted glasses that prevent you from driving safely.

At the Carmody Law Firm, we hope that anyone who gets behind the wheel is sober so that the road is safe for everyone. However, if you do get pulled over and are accused of drunk driving in Mississippi, we’re prepared to defend you.

Hal’s St. Paddy’s Parade and Festival

Internet Pornography Equals a Long Prison Sentence And Much More

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

Recently, the United States Attorney’s Office for the Western District of Texas announced that an El Paso man was sentenced in federal court to 160 months (13 years) in prison for receipt and distribution of a visual depiction involving the sexual exploitation of a minor.

According to court documents, the man used a fake social media account to share dozens of files containing Child Sexual Exploitation Material (CSEM) in a group chat over a three-day period between December 31, 2020 and January 2, 2021.

Investigators located the man’s residence and identified additional online accounts where he kept files containing CSEM. In a statement to media, the Office noted, “Predators contemplating to exploit children should heed this Homeland Security Investigations (HSI) investigation and the sentence handed down . . . . HSI and our law enforcement partners continue to work tirelessly to protect our greatest asset–our children–and focus on arresting and prosecuting those who seek to victimize them.”

Cyberbullying & Cyberstalking

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

Bullying has always been a cause for concern among young people in our country. However, in the era of social media and constant internet use, that concern has become heightened. Cyberbullying, which has become more prevalent in recent years, is a form of bullying that occurs through electronic devices such as phones or computers, and often takes place over social media, text, email, and gaming platforms according to Security.org. Additionally, cyberbullying often take the form of sending or sharing harmful or malicious content about someone to embarrass them. Often times, the content is shared anonymously, which makes cyberbullying not only concerning, but difficult to punish. In fact, as of January 2020, 44 percent of all internet users in the U.S. said that they’ve experienced online harassment or a form of cyberbullying. Under Mississippi law, an individual who engages in cyberbullying can face charges for cyberstalking, sending obscene or harassing electronic communications, stalking, and aggravated stalking.

What is Cyberstalking?

Similar to cyberbullying, cyberstalking is a related crime that involves the use of electronic communication to harass or threaten someone with some type of physical harm. Cyberstalking occurs when an offender uses any form of electronic communication (most commonly email, messaging, or texting) to:

“Reward.” How Far Does it Really Go?

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

In 2021, Lady Gaga’s dogwalker was robbed at gunpoint, and two of her purebred French Bulldogs were stolen. Lady Gaga advertised a $500,000 reward upon the return of her dogs, “no questions asked.” The lady who returned the dogs, Jennifer McBride, is suing the popstar for not delivering on her promise of the reward. McBride was later charged in connection to the theft with receiving stolen property and being an accessory to the crime. She allegedly dated the father of one of the men responsible for assaulting Gaga’s dog walker, Ryan Fischer. McBride received two years of probation as a result of her part in the crime.

At the time of the shooting, Lady Gaga offered a $500,000 reward for the dogs’ safe return. “My beloved dogs Koji and Gustav were taken in Hollywood two nights ago,’ Gaga wrote. “My heart is sick and I am praying my family will be whole again with an act of kindness. I will pay $500,000 for their safe return.” According to a complaint filed in Los Angeles Superior Court, “the unilateral offer to pay the reward of $500,000 ‘no questions asked’ was communicated to the public through numerous news outlets.” The complaint continued, “the Plaintiff relied on Defendants’ unilateral oral offer, communicated through numerous news outlets.” The plaintiff alleges that by contacting defendants and delivering Lady Gaga’s bulldogs to defendants at a Los Angeles police station that McBride accepted the defendants’ unilateral offer.

Rewards are usually considered “unilateral contracts” in which the only way an offer can be accepted is through performance—such as returning the stolen dogs in exchange for money.

When the Feds Come Knocking, You Need an Attorney

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

Facing criminal accusations of any kind can be scary as a conviction can result in severe penalties and affect your personal and professional lives. Hiring a criminal defense attorney is key to any sort of accusation that you may be facing in state or federal court. Working with a qualified criminal defense attorney with experience at the federal level can help you avoid a conviction or get reduced penalties.

Although certain crimes can lead to state-level investigations and trials, they may result in federal charges if you have violated any federal laws, affected interstate commerce, crossed state borders, or committed the crime on federal property. If federal agents conducted the investigation, the US Attorney can elect to prosecute you at the federal level.

Federal Prosecution Has More Resources for Investigation

How to Help Your Teenager Cope with Divorce

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

For teenagers, finding out that their parents are getting a divorce can bring many changes. Many teenagers already feel like everything in their life is out of control, and hearing that your parents are getting a divorce only makes this feeling worse. Each teenager is unique and will navigate a divorce differently. Thankfully, young people are extremely resilient, and with the right support, teenagers can cope with their parents’ divorce and come out the other side stronger.

How Your Teen Might React

Teenagers whose parents are going through a divorce will experience a wide range of emotions and may cope with the stress that divorce causes in many different ways. Sometimes teenagers cope with a divorce by engaging in risky behavior. Your teen might start acting out in an effort to get attention, or this type of rebellious behavior might just be their coping mechanism for dealing with the divorce. Drug use and early sexual activity are much more common among teenagers whose parents are divorced or are going through a divorce. Pay attention to who your teenager is hanging out with and what type of activities they might be participating in. Encourage them to participate in things that are a productive use of their time, and try to spend as much quality time with them as you can.

When Should I Call CPS?

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

Every state has a social services department that is responsible for investigating child abuse and neglect. In Mississippi and many other states, this agency is called Child Protection Services or Child Protective Services (CPS), but other states might call it the Department of Children and Family Services (DCFS) or something similar. Some groups of people, like teachers and nurses, are mandatory reporters of child abuse and neglect. But anyone can report child abuse and neglect by calling CPS.

It can be hard to know when you should call CPS. Fear of interfering in someone else’s life or making a false accusation makes some people hesitant to call CPS. But think about what is at stake: a child’s physical safety, and maybe even their life. The most important advice is to follow your gut instinct. If you think something should be reported to CPS, it probably should be.

What Types of Things Should Be Reported to CPS?

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

Published on: February 23, 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?

Should I Reject Field Sobriety Tests or Breathalyzer?

Published on: February 22, 2023 | by Vic Carmody Jr., P.A.

There are many reasons for a police officer to pull you over, with the consequences ranging from a small fine to jail time. If a police officer pulls you over on suspicion of driving under the influence (DUI), they will more than likely ask you to blow into a breathalyzer, which will measure your breath alcohol level (BRAC) or perform field sobriety tests. What some people may not know though, is you can refuse either or both of these. This refusal does not come without risk, of course.

Refusing a Breathalyzer

If you blow into a breathalyzer and results indicate that your BAC is over the legal limit of .08%, that is generally all the probable cause the office needs to arrest you for DUI. However, in Mississippi, you have the option to refuse a breath test. Under Mississippi’s implied consent laws, however, drivers impliedly consent to a breath test in exchange for a driver’s license. What this means is that there are consequences for your refusal. In Mississippi, your driver’s license will be automatically suspended for at least 90 days and up to one year if you refuse to submit to a breath test.