Mississippi Criminal and Family Law Blog

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?

Holidays bring DUIs

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

It’s no question that American’s love to party—but how much and at what cost? According to the CDC, in 2018 an alcohol impaired driver got behind the wheel 147 million times. From 2003 to 2012, 2,560 people died as a result of car accidents related to alcohol impaired driving in the state of Mississippi. In 2018, 26.5% of total fatalities in Mississippi were a result of alcohol impaired driving.

We’ve all heard the warning during holidays: “Drive safe, people will be out drinking!” or that there’s going to be a DUI checkpoint tonight. But just how dangerous is it to be out driving during a holiday? As it turns out, it can be very risky during several holidays.

According to MoneyGeek, the 5 most dangerous holidays for DUI are as follows:

How to Escape a Fourth DUI in Mississippi

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

If you commit four DUIs within a few years in Mississippi, you face serious consequences. A first DUI might result in a slap on the wrist, and penalties for a second DUI can be moderately worse. But when the courts see that you have committed four DUIs, they will inevitably come to the conclusion that you have not learned your lesson. This means that the penalties will be much worse. In this situation, it is imperative to explore effective defense strategies to mitigate or even escape legal consequences. But is this even possible? What should you do if you find yourself in this situation?

What are the Penalties for a Fourth DUI in Mississippi?

Sometimes, it is difficult to figure out what the consequences of a fourth DUI actually are for the average citizen. According to Mississippi law, a fourth DUI is considered a felony with a fine of between $3,000 and $10,000. Of course, most people are primarily concerned about prison time. You can expect to face between two and 10 years in prison for a fourth DUI. But this is an incredibly wide scale, and there is a major difference between two and 10 years in prison. So what penalty does the average DUI convict face in Mississippi for this offense?