Mississippi Criminal and Family Law Blog

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?

What Happens if You Stalk People in Mississippi?

Published on: December 29, 2022 | by Vic Carmody Jr., P.A.

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.

Press Release

Published on: December 27, 2022 | by Vic Carmody Jr., P.A.

Lance O. Mixon of the Carmody Law Office recently completed a series of advanced criminal defense training & continuing legal education (CLE) from the National Association of Criminal Defense Lawyers (NACDL), totaling over 15 hours of instruction and workshops.

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

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At this conference, he gained the latest information and knowledge of national trends and tactics for defending against these life-changing accusations, from the arrest and through pretrial motions & trial. Specifically, he learned effective cross examination strategies unique to sex offenses as well as helpful facts about forensic DNA evidence.

Why You Should Consider a Private Criminal Defense Attorney

Published on: December 23, 2022 | by Vic Carmody Jr., P.A.

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

Sex Crimes

Published on: December 22, 2022 | by Vic Carmody Jr., P.A.

According to an article from the associated press dated December 20, 2022, Harvey Weinstien was found guilty of sexual assault and rape in a Los Angeles court. Weiinstien is also currently serving a sentence for rape in New York. Weinstien was a big time hollywood executive that became the face of the metoo movement due to allegations surrounding his conduct with much younger female actresses. Weinstien’s sentence in New York is for a term of twenty-three years and he could be sentenced for up to twenty-four in California.

While the metoo movement has given way to other headlines in the last couple of years, the effects are still being seen round the country. Seeing people like Ghislane Maxwell, Jeffery Epstien, and Harvey Weinstien in prison are all public reminders of the movement but it goes much deeper than the rich and famous hollywood elites. All over the country the connotation around a sex crime accusation has shifted. While there was always a taboo and shamefulness attached to an alleged sex crime, it seems that in some instances the presumption of innocence has been flipped on its head and the accused is treated as if they are guilty until they prove their innocence. Of course, the criminal justice system is built on the presumption of innocence until an accused is found to be guilty beyond a reasonable doubt by a jury of his peers. Sex related crimes are also delicate because a conviction not only makes you a felon, it marks you as a convicted sex offender for the rest of your life, and may require you to register on the sex offender registry for the rest of your life. All of this in addition to your inability to own a firearm as a felon and difficulty finding employment.

Mentioned above are facts concerning Weinsstien’s sentencing. Sentencing, of course, varies from state to state. Here in Mississippi, the laws are clear and the punishments for sex crimes are severe. Rape, or forcible sexual intercourse, in Mississippi carries life in prison at the discretion of the jury. Should the jury elect not to sentence the convicted offender to life, the statute allows the judge to sentence the offender to any sentence that may be appropriate. The stakes are simply too high in sex crime cases, especially rape, to roll the dice with an inexperienced lawyer.

Although Taking Cold Medicine Might Be Legal, Operating a Vehicle Could Find You Being Charged With a DUI

Published on: December 20, 2022 | by Vic Carmody Jr., P.A.

Cold and flu season is upon us. Many people often find themselves wondering, is it really possible to get a DUI from consuming cold medicine? Simple over the counter cold medicines can provide great relief to those that are down sick with coughing, sneezing, and congestion. However, there are often side effects that can leave you drowsy and judgment-impaired much the same way that alcohol can.

To answer that question, you really need to take a look at what a DUI offense is really all about. DUI stands for “driving under the influence.” Yes, this commonly refers to an individual operating a vehicle with a blood or breath alcohol content (BAC) of .08 or above. However, the law is intended to prevent driving while under the influence of anything that could impair your ability to safely operate a motor vehicle, including drugs. Driving while impaired by drugs is illegal in Mississippi. The fact that a drug was legally obtained and taken is no defense. If the state prosecutors can prove that you were driving while impaired by any over the counter and/or legal drugs, you could potentially be found guilty of driving under the influence.

Many people will take over-the-counter drugs to stop a headache or relieve cold symptoms. Over-the-counter medications are required to have printed warnings about side effects, including driving risks. The bad news is, many people don’t read the warning or they don’t believe it is meant for them. If you don’t understand these warnings, ask a pharmacist for help. However, some people take larger amounts of over-the-counter drugs to get high and feel good. Of course, this is particularly risky because taking any drug in large quantities results in a higher level of impairment, but it is important to know that even the recommended dosage of an over-the-counter drug can reduce your driving skills. Your coordination, decision-making, and reaction time can all be affected.

The Year is Coming to a Close-Don’t Find Yourself on Santa’s Naughty List

Published on: December 14, 2022 | by Vic Carmody Jr., P.A.

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.

Are Older Women Treated More Leniently for Crimes in Mississippi?

Published on: December 9, 2022 | by Vic Carmody Jr., P.A.

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.

Stay Out of Trouble This Holiday Season

Published on: December 5, 2022 | by Vic Carmody Jr., P.A.

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.