Mississippi Criminal and Family Law Blog

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.

A Child Sex Conviction Can lead to a Life of Misery

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

A child sex abuse charge and conviction can have a lasting impact on your life even when you know you have not committed the crime. Significant penalties and permanent damage to your reputation are direct results of this type of criminal conviction.

A conviction for child molestation can include: jail time, probation, fines, lifetime sex offender registration, loss of employment or professional licenses and/or loss of child custody.

False Accusations

Something for Nothing? – Shoplifting in Mississippi

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

Shoplifting remains one of the most frequent crimes committed by adults and juveniles in our country, according to the National Association for Shoplifting Prevention. In fact, approximately 1 in 11 Americans shoplift, and those individuals report that on average, they are caught only once for every 49 times they steal. Shoplifting is most commonly associated with younger teens who are perhaps in their rebellious years, but it can continue into adulthood. For example, many adult shoplifters report that their habit of shoplifting began when they were children, as it can be chronic and addictive.

Additionally, there were more than 548,000 shoplifting cases in 2021, a noticeable decrease from the 835,000 shoplifting cases in 2020, according to the FBI crime data report. Importantly, these are only representative of individuals who are caught shoplifting, and then subsequently turned in – meaning the numbers could potentially be much higher.

How Does Mississippi Define Shoplifting?

Modern Methods for Paying and Receiving Child Support

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

Child support is a payment made by the parent who does not have custody to the custodial parent to help cover the expenses of raising a child. Child support is typically ordered by a court, but in some cases, the parents can agree to a child support amount outside of court. There are several different methods for paying child support, discussed in detail below.

Common Ways People Pay and Receive Child Support

Personal check: This is a common method for paying and receiving child support payments, as it allows for easy tracking and documentation of the payments. It is important to note that personal checks can be cancelled or bounce, and it is the responsibility of the custodial parent to ensure that the check clears before spending the funds.

Super Bowl Sunday: Which Eagles Player Will Not be in Attendance?

Published on: February 10, 2023 | by Vic Carmody Jr., P.A.

A rookie player for the Philadelphia Eagles has been indicted on rape and kidnapping charges, according to Dave Zangaro with NBC Sports. The Eagles player, offensive lineman Josh Sills, was signed by the Eagles as an undrafted free agent out of Oklahoma State this past spring and is just finishing up his rookie season in the NFL. Sills played in just one game this season. He has been inactive for the Eagles’ two playoff games this season.

Sills was indicted by a Guernsey County (Ohio) Common Pleas Court grand jury on one count of rape and one count of kidnapping at the age of 25. Both charges are first-degree felonies. According to a press release from the Ohio Attorney General’s office, these charges stem from an incident that occurred in December 2019. The indictment says, “Sills engaged in sexual activity that was not consensual and held a victim against her will. The crime was immediately reported, and the Guernsey County Sheriff’s Office conducted a detailed investigation.” Sills has been placed on the Commissioner Exempt List by the NFL. While on the list, he will not be permitted to practice, play, or travel with the Eagles, but he will still be paid. Before the NFL placed Sills on this list, the Eagles released the following statement: “The organization is aware of the legal matter involving Josh Sills. We have been in communication with the league office and are in the process of gathering more information. We have no further comment at this time.”

The details of the incident from the alleged victim are graphic and some may find them triggering. A woman told police that a male, whom she later identified as Sills, dropped her and her cousin off at her cousin’s place, where they were staying. According to the woman, after her cousin exited the vehicle, Sills grabbed her by her ponytail and tried to kiss her. When another vehicle pulled up behind them, he grabbed her by her neck, throwing her down and getting on top of her so no one would see. The woman stated that she repeatedly told Sills to stop and to let her go inside, but he forced her to perform oral sex on him. The woman identified the man who did this to her as Sills, someone she had gone to high school with and has known for 7 or 8 years.

Questions You Should Ask When Talking to a Divorce Attorney

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

Divorce can be an incredibly difficult and emotional experience. It’s important to have the right support and guidance throughout the process to help you navigate the complexities of the legal system and achieve the best outcome for you and your family. Hiring a divorce attorney is one way to get that support. But, how do you know if a divorce attorney is right for you and what questions should you ask to help you make that decision?

Here are some questions you should consider asking when talking with a divorce attorney or when you are considering hiring one.

#1 – What is your experience with divorce cases?

Don’t Let a Criminal Charge Impact Your Whole Life

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

Criminal charges and accusations are serious matters. Even something as simple as a traffic ticket can have a lasting impact on your business and your personal life. The Carmody Law Firm can help you by vigorously defending your case so that you can go back to living your life.

Our criminal defense lawyers have decades of combined experience, and our firm has been trusted in the state of Mississippi for well over 43 years. When it comes to criminal law, experience is everything – and our attorneys at the Carmody Law Firm have the experience necessary to protect your rights in any court room.

Why Do You Need a Criminal Defense Attorney to Help Defend Your Rights?

Former Ole Miss and NFL Football Player Arrested on Kidnapping Charge

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

A couple of weeks ago, Jerrell Powe, a former standout and six (6) year NFL player, appeared in court and was charged with kidnapping and conspiring to commit a crime. The Ridgeland Police Chief disclosed that the incident began in Laurel, Mississippi and ended after the alleged victim was able to contact Ridgeland police. According to WLBT-TV, the individual stated that he was not only kidnapped “against his will,” but “forced to withdraw” money at a local bank.

According to a spokesperson for Powe, however, the entire incident was the result of a scam. Apparently, Powe had loaned money to the alleged victim and was only trying to get his money back. Whether Powe believes he was in the wrong or not, the charges he faces are very serious and could carry severe consequences.

How Does Mississippi Define Kidnapping?

How Do I Tell My Family I’m Getting a Divorce?

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

Divorce can be a difficult and emotional time, not just for you but also for your family and friends. Telling them that you are getting a divorce can be especially challenging. Here are a few tips to make the process a little easier.

Tips for Telling Your Family and Friends

Choose the right time and place – It’s important to choose a time and place that is private and comfortable for you and the people you will be telling. Avoid public places or crowded gatherings where you may feel uncomfortable or where the conversation may be easily overheard.