Mississippi Criminal and Family Law Blog

What are the Two Types of Divorce in Mississippi?

Published on: September 13, 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. The type of divorce you choose depends on whether or not you and your spouse can agree to a divorce. If you and your spouse cannot agree to a divorce, one spouse must prove the other is guilty of marital fault such as adultery, untreated addiction, or domestic violence.

Irreconcilable Differences Divorce

Irreconcilable differences (ID) divorce is also sometimes called uncontested divorce. This type of divorce is used where both spouses agree that they want to get a divorce. If one spouse does not want a divorce and will not agree to the divorce, ID divorce cannot be used, and the spouse who does want the divorce will have to file for fault-based divorce. Sometimes, a couple will agree that they both want to get a divorce, but cannot agree on certain terms like child custody or how to divide the marital property. In this type of situation, the couple can still file for irreconcilable differences divorce as long as they agree that the court will determine any remaining terms of disagreement. 

Representing Yourself in Court Is Not a Do-It-Yourself Project

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

In the practice of law, defendants have the option of pro se (Latin for “on behalf of themselves”), Meaning they represent themselves in a civil or criminal case in court. Although this practice can save the offender the cost of hiring an attorney, the results are almost always disappointing and leave offenders wishing that they had retained a qualified attorney. Pro se defendants rarely win, and it’s not hard to see why. Oftentimes attorneys can turn to current court decisions to help them answer difficult questions regarding the law. Let’s see what the courts have to say about this issue of offenders deciding to represent themselves in court on criminal charges. The assistance of counsel is essential to putting your best foot forward on your day in court. United States v. Gonzalez -Lopez, 548 U.S. 140 (2006). The Court’s decision stated that representation by counsel is critical to the ability of the adversarial system to produce just results. Strickland v. Washington, 466 U.S. 668 (1984). The untrained defendant is in no position to defend himself, even when there are no complexities surrounding the defendant’s case. State v Sugar, 417 A.2D 474 (1980). Without the guiding hand of counsel, an innocent defendant may lose his or her freedom because he or she does not know how to establish his or her innocence.

As one can clearly see, our courts say that offenders should seek counsel when dealing with issues in court. Our attorneys at the Carmody law firm believe in the importance of the right to counsel and will work zealously to defend your rights in court.

What Are Some Advantages of Hiring a Qualified Criminal Defense Attorney?

Dui Death Charges for An Unborn Child

Published on: September 6, 2022 | by Vic Carmody Jr., P.A.

An ap report out of Charleston, West Virginia on July 21, 2022, indicates that a man has been charged with a felony in connection with a drunk driving wreck that resulted in the death of an unborn child. Often, we hear of people getting charged with and convicted of a double homicide when the victim is a pregnant woman because the offender is being punished for ending the life of the mother as well as the unborn child. It seems much less often that an expecting mother is injured by someone committing a criminal act resulting in the death of the unborn child. In West Virginia the penalty for a DUI resulting in an injury to someone other than the intoxicated driver is no less than a day in jail and no more than a year, making it a misdemeanor offense. For an offense to be considered a felony it must carry a possible sentence of more than a year in prison. The penalty for a DUI resulting in the death of another in west Virginia is a minimum of two years in prison and a maximum of ten, making it a felony. DUI resulting in a death is the charge being pursued against this West Virginia man for the death of the unborn child, not the DUI resulting in injury to the mother.

What Are Mississippi’s DUI Penalties for Injury or Death Laws?

Mississippi’s DUI laws are much more aggressive than the West Virginia laws. We should first look to the Mississippi code to determine what “driving under the influence” really means. The statute makes clear that in Mississippi it is illegal to operate a vehicle while under the influence of intoxicating liquor, under the influence of any other substance that has impaired the person’s ability to operate a motor vehicle, under the influence of any controlled substance, or has a blood alcohol or breath alcohol concentration of 0.08 and above. Note that there are no exceptions for legal prescriptions in the driver’s name and that driver may still be found to be under the influence of their legal prescription even if they have a bac of below 0.08. According to the Mississippi code, any person driving under the influence that negligently causes a serious injury or death to another may be sentenced to prison for a minimum of five years and a maximum of twenty-five years for each person injured or killed. Since this drunk driving accident resulted in the death of the unborn child and serious injury to the mother, under Mississippi law, he could be facing fifty years in prison.

Stalking is Not Always About Relationships

Published on: September 1, 2022 | by Vic Carmody Jr., P.A.

When most of us hear the word “stalker,” we imagine a disgruntled ex-boyfriend who follows a woman around and spies on her. But stalking is not always about relationships. In Mississippi, you can be charged with stalking someone who is not your ex, such as a public official, a celebrity, or anyone else for that matter. This is definitely something to keep in mind if you face stalking charges, since many people assume that this law only applies to romantic relationships. One recent example of stalking in Mississippi highlights the fact that it is much more universal.

Man Faces Felony Stalking After String of Incidents with Oxford Mayor

On July 6th, it was reported that the Lafayette County Circuit Court had denied bail for a man facing felony stalking charges. He was not stalking an ex-partner but rather the mayor of Oxford, Robyn Tannehill. This incident really began all the way back in 2017, when the defendant appeared in the town square armed with a military-style rifle and a Confederate flag.

Mississippi is the World’s Leader in Mass Incarceration

Published on: August 30, 2022 | by Vic Carmody Jr., P.A.

Mississippi is known for many things, including blues music, agriculture, and catfish. But the Magnolia State is also earning a somewhat less impressive reputation for incarcerating more people than any other place on the planet. Mississippi even beats highly authoritarian nations such as North Korea, believe it or not. Why is this, and what can you do if you are one of the many people who face prison or jail time in this state?

If you are facing the possibility of incarceration, get in touch with a defense attorney as soon as possible. Although enlisting the help of a public defender is always an option, a private defense attorney is usually highly motivated and less likely to accept plea deals. This increases the chances of you avoiding incarceration altogether. No matter what you choose to do, the most important thing is to act quickly and start developing a defense strategy as soon as possible.

Mississippi Has More Inmates Per Capita Than Any State or Nation

Mayor Charged With Assault in Mississippi

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

Anyone can face assault charges in Mississippi – even mayors. After all, everyone is supposed to be equal in the eyes of the law, and no one is above justice. This was proven without a doubt when a mayor in Mississippi was arrested on assault charges. What exactly happened here, and what does this tell us about assault laws in the Magnolia State?

If you have been charged with assault in Mississippi, your best bet is to get in touch with an experienced criminal defense attorney as soon as possible. Our legal professionals can assess your unique situation during consultation before guiding you toward the best possible outcome. With our help, you can receive personalized legal advice and guidance, allowing you to approach this daunting situation with confidence.

Mayor of Magee Arrested on Assault Charges

Examples of Different Types of DUIs in Mississippi

Published on: August 25, 2022 | by Vic Carmody Jr., P.A.

DUI laws are specific in Mississippi, and each case can be interpreted in different ways according to these laws. Some DUIs are considered minimal offenses, while others may result in serious criminal consequences. There are so many factors that may affect your sentence – to the point where it almost seems like each DUI is unique. These factors include property damage, injuries, aggravating factors, the way you interacted with police, and many more. Sometimes, the best way to get a sense of DUI laws in Mississippi is to examine some real-world examples.

If you have been charged with a DUI in Mississippi, it makes sense to get in touch with an experienced criminal defense attorney as soon as possible. Whether you are facing a light sentence, many years in prison, or anything in between, your lawyer can help you strive for the best possible results. With our help, you can develop a targeted defense strategy based on your unique circumstances. The sooner you get in touch with a defense attorney, the better.

2nd DUI, Possession of Controlled Substances

Voluntary vs. Involuntary Manslaughter in Mississippi

Published on: August 16, 2022 | by Vic Carmody Jr., P.A.

The difference between voluntary and involuntary manslaughter is important to know, because this could make the difference between limited time in prison and a lifetime in prison. Our attorneys at the Carmody Law Firm know the difference, and will fight for your rights and your freedom in court.

What are the Elements of Voluntary Manslaughter?

In Mississippi, voluntary manslaughter is the intentional killing of another person. However, the act does not need to be premeditated, such as killing during combat or after being provoked by the alleged victim. Note that the provocation has to be reasonable. For example, mere insults are not simply enough to constitute reasonable provocation for you to kill the person.

Distracted Driving and Electronic DUI Laws

Published on: August 11, 2022 | by Vic Carmody Jr., P.A.

Distracted driving is a dangerous activity to undertake, and the modernization of the cell phone has made the issue worse by providing every driver the ability to surf the internet, make phone calls, text, and stream music or podcasts. This coupled with the fact that almost 303 million people in the United States own cell phones means that the opportunities to be distracted behind the wheel are seemingly endless. Not only are our roads much more dangerous, but also Mississippi drivers are opened up to criminal liability.

According to King 5 News out of Seattle, Washington, King County recently celebrated the five-year anniversary of their Electronic DUI law which completely bans the use of cellphones while behind the wheel of a vehicle, even at a stop sign or a red light. According to the head of the king county target zero task force, distracted driving is the third leading cause of wrecks behind speeding and impairment due to alcohol or drugs which is why they saw fit to enact legislation that would subject distracted drivers to criminal liability in the same way that other impaired drivers are charged.

The electronic dui law has seemed to work. As traffic accidents due to distracted drivers has continuously declined year over year. In 2017, the last year before the e-dui law took effect, 13,758 crashes occurred in king county, Washington due to distracted driving which dwarfs the 4,988 crashes seen in 2021. According to the Washington traffic safety commission, 30% of crash fatalities are a result of distracted driving and drivers are three times as likely to get in an accident when they are talking on the phone. While the law seems to be having the desired effect, the fact remains that another law banning a certain behavior opens each individual up to more possibility to be criminally charged and convicted for committing what most people think is a safe act, like checking some email notification before the light turns green.

What Happens if You Commit Credit Card Fraud in Mississippi?

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

Credit card fraud is quite common across the United States, and Mississippi is no exception. People may be tempted to commit this crime for a number of reasons, including economic pressures or outstanding debts. Some may even commit credit card fraud without fully realizing it. But what happens if you are caught in the Magnolia State while committing credit card fraud? What kind of penalties can you expect, and how can you mitigate these legal consequences?

The answer to the second part of that question is quite simple: In order to mitigate legal consequences, you should get in touch with an experienced criminal defense attorney at your earliest convenience. Our legal professionals in Mississippi can guide you toward a positive outcome as quickly and as effectively as possible. Mississippi may take credit card fraud seriously, but there is no reason to accept needlessly excessive penalties.

Credit Card Fraud is Reported Extremely Quickly