Mississippi Criminal and Family Law Blog

Many people do not realize the severity of Mississippi’s stalking laws. You might assume that following an ex-girlfriend around or even bugging her on social media is no big deal. Although no one is actually being “hurt” in these scenarios, you may be breaking the law. Read a few news stories about stalking in Mississippi within the past few years, and you will quickly realize that people who engage in these acts run the very real risk of going to prison. But what exactly happens when you stalk people in Mississippi, and what penalties might you face if you are caught?

Examples of Stalking in Mississippi and Across the United States

The most recent example of stalking came in November of 2022. This situation involved an individual who had allegedly used a dating app to stalk a victim. According to the Oxford Police Department, they had received a complaint from a victim who walked into the department to get help from this alleged stalking. No other information was provided about the incident, although the defendant was promptly arrested and issued a $15,000 bond. This shows that modern “stalking” may not simply involve following someone down the street. It may also involve dating apps, social media, and other digital communication tools without any actual direct contact.

The type of defense that you put forth in your criminal case matters. If your legal arguments are poorly made, or if your representation simply isn’t aggressive enough, you might be at an increased risk of being not only convicted but also being hit with the harshest penalties allowable under the law.

That’s why it’s probably in your best interests to carefully consider the type of legal representation that you want on your side. If you qualify, you can be represented by a public defender, but these attorneys are notoriously overworked, which means that they might not be able to give you the time and attention that you and your case need and deserve.

Why You Should Consider Representation by a Private Attorney

It’s no surprise that certain crimes spike around the holidays. Increased alcohol consumption, as well as financial and emotional stress, sometimes causes people to do things they wouldn’t ordinarily do. One example is drinking too much and then driving, or getting into a fight with a loved one, or shoplifting. Unfortunately, a poor decision now can have an impact long after the holidays are over. Here’s a look at a few common holiday crimes that can turn your “Christmas cheer into holiday tears!”

Driving While Intoxicated

During the holiday season, there is no shortage of celebrations and parties. Police often step-up DUI enforcement during this time of year, putting more officers on the roads to ensure the safety of all drivers. Police will be looking for any reason to stop motorists, like simply having a taillight out or failing to use a turn signal.

If you have committed a major crime in Mississippi, you might be wondering whether the court will “take it easy” on you. This is obviously something that all defendants hope for, as no one wants to spend more time in prison than they absolutely have to. But is it true that certain members of the population receive more lenient treatment than others? What about older women? At first, you might assume that almost everyone involved in the legal system would be merciful towards an old woman. But your sentence really depends on your unique circumstances. Some crimes are viewed with such disdain that your gender and your age do not play a role in your sentencing. But what can you do if you face charges in Mississippi?

Examples of Charges Involving Older Women in Mississippi

If you want to know how the legal system in Mississippi deals with older women, you might want to consider a few recent examples. On October 14th of 2022, it was reported that an 80-year-old grandmother in Mississippi has been arrested for possessing meth. She had just two grams when police searched her and discovered the drug in her purse. The elderly individual was immediately charged with possession of a controlled substance and booked into a detention center. At the time of her arrest, the defendant was in a car with her two grandsons. When the drugs were found during a traffic stop, the grandmother admitted that the drugs were hers. However, she might’ve “taken the fall” for her grandsons. In any case, this story illustrates that elderly individuals will still be arrested and charged by police in Mississippi for things like drug possession.

The holiday season is well underway! Decorations are up, stores are crowded with an abundance of shoppers, and holiday parties have commenced. For many, it is a time of happiness and cheer. It’s a time to celebrate and appreciate time with family and friends. For others, the holidays are particularly challenging, bringing up difficult emotions or memories, and increased stress. Whether you are full of holiday spirit or struggling through the season, it is helpful to be aware of some of the top crimes committed during the holiday season:

Shoplifting:

Shoplifting from a retail store is a common crime and it is no surprise that it is even more common during the holidays. Shopping is at a peak during the holiday season. Even with seasonal help, there are frequently not enough employees to be heedful and fully attentive to the holiday crowds. Shoplifters often take advantage of these conditions and rates of theft increase significantly.

Lance O. Mixon of the Carmody Law Office recently completed two series of advanced criminal defense training & continuing legal education (CLE) from the National Association of Criminal Defense Lawyers (NACDL), totaling over 25 hours of instruction and workshops.  In August, he attended the NACDL’s Annual National Meeting in West Palm Beach, Florida, as the only attorney from the State of Mississippi to be in attendance:

At this conference, titled You Can’t Win a Plea:  Winning Trial Techniques from the Masters, Lance participated in courses ranging from cutting edge Preliminary Hearing strategies, to breakout groups with exercises in crafting compelling Closing Arguments, and every component of the trial in between, for all types of criminal defense cases.

In November, Lance attended the NACDL’s Annual Defending Sex Crimes Seminar in Las Vegas, Nevada, as 1 of just 3 attorneys from Mississippi, which included associate Thomas Shaw from the Carmody Law Office.

While the ethical aspect of an abortion ban is a subject of much debate, the reality is that it is now against the law in the Magnolia State. This is one of the most notable changes in our state’s legal system within recent memory, and individuals must be aware of what this means going forward. This is especially true if you are a medical professional or anyone who provides medical services to pregnant women. If you choose to ignore these new laws, you face considerable consequences. A conscientious objection to the law is not a viable defense, and the state of Mississippi will show you no mercy. In fact, they will probably attempt to make an example of you in order to send a message to other citizens. But what do you need to know about Mississippi’s new abortion law, and what kind of penalties can you expect?

When is Abortion Legal in Mississippi?

Despite the fact that abortion is now illegal in Mississippi, there are a few exceptions to this rule. First, abortions are legal if they are carried out in order to save the pregnant mother’s life. If you participate in one of these procedures, you will not face criminal consequences as long as you can prove that the abortion was truly a life-saving measure. Secondly, women can get abortions if they were raped. However, they must report the rape to the authorities before getting the abortion. You cannot simply claim that you were raped after the abortion if there is no official documentation of the crime.