Mississippi Criminal and Family Law Blog

Divorce Based on Habitual Drunkenness

Published on: October 26, 2022 | by Vic Carmody Jr., P.A.

Alcohol addiction can quickly tear a family apart. It is important that people who struggle with addiction get proper treatment to help them overcome their addiction. It is equally important for innocent spouses to consider divorce in instances where the other spouse’s alcohol usage places a heavy burden on the marriage. When you are ready to leave your spouse and file for divorce, one of the ways you can do it is by showing that your spouse is a habitual alcohol user, and this alcohol addiction negatively impacts your marriage and family life.

How to Prove Habitual Drunkenness

One way of filing for divorce in Mississippi is to file based on some marital fault. This simply means that the spouse filing for divorce claims that the other spouse did something wrong or engaged in harmful behavior, and that wrongdoing is the direct cause of the divorce. One of the marital faults that a divorce can be based on is habitual drunkenness. To show habitual drunkenness, the spouse filing for divorce must show that (1) their spouse is frequently (habitually) drunk, and (2) this frequent drunkenness negatively affects the marriage and family life.

The DUI Stop, Is it Time to Cut Bait or Fish?

Published on: October 24, 2022 | by Vic Carmody Jr., P.A.

Things You Must Not Say or Do When Stopped for A DUI!

There are many things that people should consider when being pulled over for a driving under the influence charge. It always helps to be respectful, obey any of the officer’s legal commands, and try to say and do as little as possible during the police encounter. Now, it is true that abiding by these guidelines does not always mean that the officer will treat you with the same kind of respect, but it will at least not start the police stop on a bad foot. Beyond that, the circumstances of every encounter will be different, and uniformity cannot always be the expected outcome. There are a couple for sure things that should never be done during a traffic stop.

Not the Time to Dance

Gun Crimes are Steady on the Rise in Mississippi

Published on: October 21, 2022 | by Vic Carmody Jr., P.A.

The U.S. Constitution’s Second Amendment grants American citizens the right to bear arms. However, with that right comes certain responsibilities to use the gun appropriately. In the U.S., theft is the most common property crime, and assault is the most common violent crime.

According to the Centers for Disease Control and Prevention, Mississippi has had a higher gun mortality rate than any other state in the country. In 2020, Mississippi had a death rate of 28.6%, and with all of the gun related deaths that are on the news, it is likely that this number hasn’t decreased since 2020.

The Most Common Gun Crime Charges in Mississippi

What is the Difference Between Child Abuse and Child Neglect?

Published on: October 19, 2022 | by Vic Carmody Jr., P.A.

We often talk about child abuse and neglect together, so many people may think that abuse and neglect are different words for the same thing. But abuse and neglect are two different things. Abuse is certain behavior that harms the child, and neglect is failure to provide the child with things that they need.

Child Neglect

Neglect happens when a parent is not providing something to their child that they should be providing. Parents are expected and obligated to provide their children with clothing, shelter, food, water, education, and healthcare. If a parent is not providing these things, that is child neglect. Neglect is the absence of something that the child should be experiencing, while child abuse is the presence of something that the child should not be experiencing.

What Happens if You Buy or Sell Fake IDs in Mississippi?

Published on: October 17, 2022 | by Vic Carmody Jr., P.A.

Fake IDs are more common today than ever before. While some might argue that there is nothing wrong with a high school student using a fake ID to buy a six-pack of beer, this is still against the law. If Mississippi were to become lenient on this area of the law, we would soon be overwhelmed by fraud and deception. These laws exist because there are criminals out there who want to commit much worse crimes than simply buying a six-pack of beer while underage. A fake ID can allow you to steal someone’s identity, access prohibited areas, or even carry out terror attacks.

So, what are the crimes associated with buying a fake ID in Mississippi? Is it true that you can go to jail if you were simply trying to purchase alcohol while underage? What happens if you are caught running a fake ID operation? What if you are engaging in identity theft?

Examples of Fake ID Crimes

“Lock’em Up” Mississippi’s New State Slogan

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

According to Mississippi Today, more people are being placed in prison in Mississippi per capita than any state or nation, including China, Russia, and Iran, according to the world population review.

Across the U.S., the number of those in prison in the U.S. is 16% lower today that before the pandemic, according to the vera institute of justice, but Mississippi’s rate is skyrocketing, rising more than 1,500 in less than six months. That population now exceeds 18,000—the highest rate since April 2020. “We have perfected throwing people away for long periods of time, and yet after decades and decades of this approach, Mississippians are more fearful about violent crime than any time i can remember” said cliff Johnson, director of the Macarthur Justice Center at the University of Mississippi School of Law.

How Many Inmates are Incarcerated in Mississippi?

Habitual Cruel and Inhuman Treatment in a Divorce Case

Published on: October 12, 2022 | by Vic Carmody Jr., P.A.

There are two types of divorce in Mississippi: Irreconcilable Differences divorce (sometimes called “ID divorce”) and Contested or Fault-Based divorce. Fault based divorce may be used in situations where one spouse wants to get a divorce, and the other does not. Fault based divorce requires that there be a “fault ground” that the divorce claim is based on. Every state has laws that outline what the fault grounds for divorce are in that state. Mississippi has 12 fault grounds for fault-based divorce, and one of these grounds is called habitual cruel and inhuman treatment. This fault ground typically comes up in situations involving domestic abuse but can also be used as a catch-all for many other types of cruel treatment by one spouse to the other. When a person cannot get their spouse to agree to a divorce, and none of the other eleven fault grounds apply to the situation, the spouse seeking a divorce has only one option left: divorce on the ground of habitual cruel and inhuman treatment.

Proving Habitual Cruel and Inhuman Treatment

To prove habitual cruel and inhuman treatment in Mississippi, the spouse alleging fault (Spouse A) must show that the spouse at fault (Spouse B) repeatedly acted in a way that endangered life, limb, or health or created a reasonable apprehension of danger, such that the relationship was unsafe for Spouse A, or that Spouse B’s actions were so unnatural as to make the marriage revolting to Spouse A. The actions must be done for so long or so frequently that their recurrence could be reasonably expected. Usually, it needs to be systematic and continuous, but even one violent incident can be a basis for divorce if it is shown by a preponderance of the evidence.

Drinking Booze and Driving Boats Don’t Mix

Published on: October 10, 2022 | by Vic Carmody Jr., P.A.

Boating Under the Influence

A hot summer day under the sun, while boating on the lake, can be one of the best experiences a person can enjoy and is often regarded as a classic American pastime. Often, these experiences are accompanied by fun, good food, and possibly alcohol. However, these joyous experiences can quickly turn negative when the operator of the boat is arrested for boating under the influence. Operating any vehicle while under the influence, either on land or water, is extremely dangerous and could result in serious injury or death. However, even if no one is physically harmed, the watercraft operator could be faced with fines, possible jail time, and loss of boating permit, if they are found to be boating under the influence.

Operating a vessel on Mississippi public waters while intoxicated is a serious offense with potentially serious legal consequences. The Mississippi Alcohol Boating Safety Act has made it unlawful to operate a watercraft on the public waters of the state of Mississippi while under the influence of intoxicating liquor or any other substance which has impaired the person’s ability to operate a watercraft. Much like while operating a motor vehicle, there are potential long-lasting penalties if convicted of boating under the influence.

I Was Not Driving and Still Got a DUI?

Published on: October 7, 2022 | by Vic Carmody Jr., P.A.

Alcohol consumption in Mississippi and the United States in general is a time-honored tradition. However, as with anything, overindulging in alcohol or being irresponsible when consuming alcohol can lead to both personal and legal problems. Far too often, when adult beverages are consumed, many people still decide it’s “ok” to drive home. Additionally, there are those who instead choose to “sleep it off” in their vehicle. Though not driving is definitely a better option, sleeping after drinking while behind the wheel, even on private property, can still result in a DUI arrest.

Why Can’t I “Just Sleep It Off?”

It is a common misconception across the county that if you are intoxicated, you can “sleep it off” in your vehicle and be safe from a Dui arrest. Anyone’s vehicle can be stopped, the transmission put in park, and the engine turned and can still be arrested for a dui. Nation-wide there are states that recognize this as the “Shelter Doctrine”; i.e., I suddenly feel that I can no longer drive and I have pulled off the road to seek shelter in my vehicle. However, in most states like in Mississippi, this “shelter doctrine” is not recognized as a defense to driving under the influence.

Mississippi’s Albright Factors for Child Custody: What is in the Child’s Best Interest?

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

During a divorce, courts are often deciding who will have custody of the couple’s children. When a judge decides child custody, they are simply looking to one thing: what would be in the best interest of the child? But determining what is in the child’s best interest can sometimes be tricky, which is why Mississippi courts use a set of factors to help make this decision.

The Albright Factors

Courts look to the best interest of the child to determine custody. Each state uses a list of factors to figure out what would be in the best interest of the child or children. Mississippi uses the following 13 factors (they are called the Albright factors because they come from a Mississippi case called Albright v. Albright):