Mississippi Criminal and Family Law Blog

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.

Domestic Violence in Mississippi

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

Valentine’s Day is right around the corner, and for some couples it isn’t always sunshine and roses. According to the National Coalition Against Domestic Violence (NCADV), one in three women and one in four men in the United States have experienced some form of physical violence at the hands of an intimate partner, also referred to as domestic violence.

What is Domestic Violence?

The United States Department of Justice defines domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence may be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior.

Attorney Seeks to Overturn Nevada’s Forfeiture Laws

Published on: January 27, 2023 | by Vic Carmody Jr., P.A.

Asset forfeiture allows police to seize money or other possessions that they think are connected to a crime. When Nevada lawyer John Fortin came across a woman who claimed her house had been wrongly seized by police in an asset forfeiture proceeding, not only did he see a woman who had been wronged; he saw a winnable case.

According to Jenna Greene at Reuters, in 2012 Elvin Fred settled a civil rights lawsuit against Carson City Sheriff’s Office deputies for allegedly beating him during a wrongful arrest. Elvin took the $60,000 that he won from the case and used it to buy a modest, one-story home. He was about $12,000 short, so his sister Sylvia supplied the balance to make the purchase in all cash. Three years later, in 2015, Elvin was charged with drug trafficking. He pleaded guilty and was sentenced to life in prison with the possibility of parole.

Before Elvin went to prison, he added Sylvia to the title of the home he had previously purchased. Sylvia did not live in the home, but she graciously took over paying property taxes and utility bills on behalf of the other family members who did live there. The state of Nevada initiated forfeiture proceedings to seize the house in 2015 but paused the matter while Elvin’s criminal case for drug trafficking proceeded. Not notified of the proceedings, the Fred family only learned about the forfeiture when sheriff’s deputies put an eviction notice on the front door. Representing herself, Sylvia protested the seizure of the home, but lost in the district court.

Historically Long Sentence for a Sex Crime

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

A man in Virginia just received what is believed to be the longest sentence in the history of Wythe County. One may wonder how many people he must have killed or what terroristic act he must have committed to deserve an historically long prison sentence. In fact, Curtis Spurlock is a sexual predator, not a murderer or a terrorist. He was found guilty of several sexual offenses committed against his own children, earning him a sentence of six consecutive life sentences with an additional twenty year sentence.

What to Expect During a DUI Traffic Stop

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

Getting pulled over by law enforcement can be nerve-wracking. Like many drivers at a traffic stop, you often may have no idea why an officer pulled you over or what will happen to you next.

When an officer starts asking questions about your activities earlier in the evening, you may worry that the next step will be a field sobriety test, especially if you were unsure if you were ok to drive. In general, there are three tests’ officers will use to decide if they should investigate the driver further.

What are the officers looking for during the three main field sobriety tests?

What Happens to Pets in a Divorce?

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

Divorce can be a difficult and emotional process for all parties involved, including family pets. In many cases, pets are considered members of the family and the idea of separating from them can be just as painful as separating from a human loved one. However, unlike human family members, pets do not have a voice in the legal process and their well-being is often overlooked.

Pets are Treated Like Personal Property

When a couple gets a divorce, one of the main concerns is determining who will get custody of the children. But because family pets are not humans, they are not treated like children, but are treated like personal property in a divorce. If the couple can come to an agreement about who will keep the pets after the divorce, the court will usually honor this agreement. But if the couple cannot agree, the court will treat the pet just like it was a car, gun, furniture, or any other piece of personal property.

Police Department Under Fire in Wake of DUI Cover-Up

Published on: January 20, 2023 | by Vic Carmody Jr., P.A.

Recently, the police department of Portland, Tennessee came under fire for its handling of a routine DUI stop. One night, after pulling over a vehicle for driving without headlights on, officers began conducting a standard field sobriety test. During the test, officers noticed that the driver had slurred speech, glassy eyes, and smelled of alcohol. Based on standardized field sobriety test results, the driver failed. However, one of the officers noticed that the driver of the vehicle was a city employee. A short time later, the driver was picked up from the scene and driven home. No charges were filed and no arrest was made.

While unfortunate, this “cover-up” is not at all routine among the nation’s police departments. The rules that officers must follow when conducting a DUI traffic stop are incredibly strict. Failure to appropriately follow these rules can result in dire consequences. In the State of Mississippi, law enforcement follows these rules exceptionally well.

How Does Mississippi Define Driving Under The Influence?

What to Expect During a DUI Traffic Stop

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

Getting pulled over by law enforcement can be nerve-wracking. Like many drivers at a traffic stop, you often may have no idea why an officer pulled you over or what will happen to you next.

When an officer starts asking questions about your activities earlier in the evening, you may worry that the next step will be a field sobriety tests, especially if you were unsure if you were ok to drive. In general, there are three tests’ officers will use to decide if they should investigate the driver further.

What are the officers looking for during the three main field sobriety tests?

School Bus Driver Arrested for DUI After Crashing Bus Into Utility Pole

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

According to WSAZ News Channel, A school bus driver has been arrested by West Virginia State Police following an accident back in September of 2022. Six students were injured and sent to the hospital after a crash in Wayne County involving a school bus, according to Wayne County Schools Superintendent Todd Alexander. “The first thing is safety,” Alexander said. “The safety of the students and the safety of the driver, and unfortunately in this situation we do believe there’s been some injuries. We don’t believe there’s been any serious injuries, but we do have some kids that are being checked out medically.”

Initially, Alexander was quoted saying, “I think there were some reports that there may have been a deer seen, but all of that’s preliminary. We don’t know exactly what happened. We’ll wait for the investigation results.” However, according to West Virginia State Police, Walter Collie, 43, of Genoa, West Virginia, was under the influence of drugs when he crashed his bus into a utility pole on September 12, 2022. Officials say about 40 students were onboard at the time of the accident along Mill Creek Road in Fort Gay.

What Would the Penalty if this Crime was Committed in Mississippi?