Mississippi Criminal and Family Law Blog

“Red flag laws” and mass shootings

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

Another week in the United States and once again, there is another mass shooting that is covering the headlines. With any mass shooting tragedy, the national conversation almost automatically changes to gun laws, gun rights, mental health, and ways to prevent mass shootings from continuing to occur. Red flag laws are increasing in popularity across the county yet face heavy opposition from gun right and 2nd amendment advocates. As of July 1, 2020, 19 states have some sort of red flag law. Red flag laws are state laws that can go by various names, including “extreme risk protection orders (erpos),” “gun-violence restraining orders” and “risk warrants.” These laws allow law enforcement, family members, and even medical professionals in some states, to petition the court to temporarily remove firearms and ammunition from a person who is believed to present a danger to himself or herself or others.

Uvalde, Texas 4th of July shooting

The most recent mass shooting occurred this past 4th of July weekend when a solo gunman opened fire on onlookers of a holiday parade near Chicago, Illinois. Seven people were killed while more than 30 others were wounded. The gunman, twenty-one-year-old Robert Crimo III, has since been arrested in connection with the shootings and has been charged with seven counts of first-degree murder.

Police Reform and Traffic Stops

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

Nationwide police reforms limiting traffic stops may contribute to a rise in dui fatalities in recent years. Since the George Floyd incident, subsequent protests and public outcry, police reform has spread to many states throughout the country. Although there is another clear reason for the increase, that being the increase in alcohol consumption during the pandemic. However, police reform in cities like New York City and Philadelphia have insisted on policies to pull back on traffic stops for minor violations, often missing signs of an impaired driver. Https://www.foxnews.com/us/police-reforms-limiting-traffic-stops-contributed-rise-dui-fatalities-experts-say

Philadelphia Limits Stops for Minor Traffic Violations

Philadelphia is the first major city in the United States to ban police officers from pulling over drivers for minor traffic violations. The low-level offenses are those such as expired registration for 60 days or less, a single brake or headlight out, minor bumper damage, or using the car without an official certificate of inspection.

Robberies Involving Controlled Substances

Published on: July 18, 2022 | by Vic Carmody Jr., P.A.

While robbing a bank is obviously illegal, the items stolen are legal. In other words, there is nothing wrong with owning paper money. But what happens if you steal something that is illegal, such as a controlled substance? In the case of one drug dealer stealing another dealer’s stash at gunpoint, the police rarely get involved. Why? Because it is not like the drug dealer is going to call the police. But what happens when controlled substances are stolen from a location that is actually allowed to store them – such as a pharmacy? As it turns out, there is a law specifically put in place for these situations.

If you have been charged with a robbery involving a controlled substance, it is imperative that you get in touch with a criminal defense attorney as soon as possible. Our legal professionals can help you strive for the best possible outcomes, and there is no sense in accepting a needlessly harsh penalty. Book your consultation with a private defense attorney right away, and you can begin fighting for your rights and developing an effective defense strategy.

Robberies and Burglaries Involving Controlled Substances

Understanding the Definition of Aggravated Assault

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

Aggravated assault is a very serious criminal charge. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find housing. When a person has been accused of this crime of violence, they are being accused of some type of crime against a person. However, the assault charge that the offender will be subject to will depend on the exact circumstances regarding the level of force used. Aggravated assault is a type of crime that is much more serious than simple assault. If you have been accused of aggravated assault, it is important that you do everything that you can to defend yourself from this accusation. Our attorneys at the Carmody Law Firm will work tirelessly to ensure that your rights are protected and that your side of the story is heard in court.

What Makes an Assault an Aggravated Assault?

In order for any offender to be charged with assault or aggravated assault, they do not have to have caused injury to another person. Instead, simply the behavior of causing sufficient fear that harm could or would be caused can constitute assault. The thing that differentiates assault and aggravated assault is the use or presence of a deadly weapon. It is possible for a person to be charged with aggravated assault even if they did not cause any physical harm whatsoever. What does need to have happened however, is for an offender carrying a deadly weapon to have caused fear for another person’s safety, or to have threatened a person with a deadly weapon.

Independence Day Travel and Safety

Published on: July 8, 2022 | by Vic Carmody Jr., P.A.

Independence Day, more commonly known as the “Fourth of July”, is one of the nation’s most respected and popular national holidays. People across the country celebrate amongst family and friends, with hot dogs and burgers over the grill, usually with a soda or ice-cold beer. Additionally, it is very common for people to travel to lakes, beaches, or any body of water to cool off in the overbearing July heat.

The Downside of the Fourth of July Holiday

However, the week of the holiday is not only known for its celebrations, but also for the number of DUI’s and fatal car crashes that occur. Considering the amount of travel that people do over the holiday week, along with the type of celebrations that are happening, it is no wonder why there is an increase in DUI’s and fatal car crashes.

Do I Need an Attorney for a Domestic Violence Charge?

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

A domestic violence charge comes with serious consequences, which is why it’s vital to protect your rights with the help of well qualified criminal defense attorney. Many people believe that if they are innocent, they do not need legal representation because the truth will come out in court. However, this is not the case, especially if there isn’t an experienced criminal defense attorney working for you. When you are innocent, or even when you believe that the facts in your case would show your innocence, you still need legal counsel to get those facts to the court.

Domestic violence is a serious charge and can result in serious consequences. In the state of Mississippi, domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, stalking, kidnapping, even putting someone in fear of an assault, or any criminal offense resulting in physical injury or death of one family or household member. If you have been accused of domestic violence, it is crucial to have an experienced criminal defense attorney on your side who will guide you through the process and obtain the best possible results for your case.

The criminal defense attorneys at the Carmody Law Firm will work quickly to help develop a personalized defense strategy for your case. We plan for the worst while we try for the best outcomes.

How Can an Attorney Help My DUI Case?

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

Facing your first Driving Under the Influence (“DUI”) conviction in Mississippi will be overwhelming. This is especially true if you are trying to represent yourself for such a serious traffic offense. When you go to your first court appearance, you will quickly become aware that you need an experienced DUI attorney. DUI courts have their own language and rules; our attorneys speak the language and we know the rules.

In Mississippi, a DUI offense occurs if you are driving, operating, or in control of a motorized vehicle while impaired by alcohol or drugs, including legal prescriptions and illegal substances. Impairment is measured by a .08 percent breath, blood, or urine alcohol level. Other substances in your system can also be measured by a blood or urine test for impairment levels.

Driving with a BRAC (breath alcohol concentration) of greater than .08 percent is against the law. When you obtain your driver’s license in Mississippi, you consent to take a breath test if you are arrested for DUI. A refusal to take the breath test does come with some consequences.  

DUI’s Affect all Walks of Life

Published on: June 28, 2022 | by Vic Carmody Jr., P.A.

When hearing about driving under the influence charges, people likely associate or relate it to people in their own lives, friends, or family who have faced similar charges. However, DUI charges effect people without regard to their age, sex, financial standing, or social status. DUI’s affect all walks of life, from bankers, to teachers, to students. The only difference is that many feel that they must plead guilty just because the police stopped them, while others seek out the help of a qualified DUI defense attorney.

Though having money to pay for representation does play a part in the decision to seek legal help, many law offices have DUI attorney’s at different price points. In fact, according to Lawyers.com, the national average for the cost difference is 1000$ more with a private attorney versus a public defender or self-representation. Additionally, Private attorneys have substantially higher success rates and clients enjoy a higher client satisfaction rating, more than triple when compared with the services of a public defender. https://www.lawyers.com/legal-info/criminal/dui-dwi/does-using-a-dui-lawyer-give-you-a-better-outcome.html

The people with the most power and prestige always seek representation for a DUI charge, so it is fair to assume they feel that having private representation is worth it. Just in 2022, there have been a string of DUI charges for high profile and high society individuals and all of them have qualified legal representation to fight their case.

Rape. Serious Charges Need Serious Representation

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

Anyone facing criminal charges is a traumatic experience. One of the most serious

charges is rape. This charge carries a long prison sentence and the stigma of a felony

conviction based on a violent sexual conviction and a life time sexual offender

Drive-By Shootings in Mississippi

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

It is perfectly legal to carry a handgun while operating a motor vehicle in Mississippi, even if you do not have an open-carry permit or license. But as soon as you start discharging your firearm from a vehicle, you run the risk of serious legal consequences. This is of course known as a “drive-by shooting,” and Mississippi has its own specific laws that deal with this type of crime. What exactly constitutes a “drive-by shooting” in Mississippi? What are some examples of this in real life?

If you have been charged with a drive-by shooting in Mississippi, you need to get in touch with a qualified criminal defense attorney as soon as possible. With our assistance, you can strive for the best possible results and fight for your rights. Gun charges can seem daunting in Mississippi, but the truth is that your chances of a positive outcome might be better than you think. It is best to book your consultation with a defense attorney right away.

Mississippi’s Laws on Drive-By Shootings