Mississippi Criminal and Family Law Blog

The Future of Drunk Driving Penalties

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

Traditionally, the penalty for Driving Under the Influence is similar across the country. A person will usually be faced with jail, costly fines, and court costs. When the charge is elevated due to circumstances such as death or serious bodily injury, the penalties dramatically increase to a felony conviction. However, recently there have been changes in certain states that may pave the way for the future of DUI penalties.

A Tennessee bill that would require drunk drivers to pay child support if they killed a parent of a minor due to intoxication or aggravated vehicular homicide, has passed through the state’s legislature. The bill is named “Ethan, Hailey, and Bently’s Law” after children who lost their parents to intoxicated drivers. Ethan and Hailey are the children of a former Chattanooga police officer who was struck and killed by a drunk driver. The other name in the bill, Bently, is the name of the grandson of a Missouri woman who’s son had been killed by a drunk driver.

The thought process behind the bill is that long-term, financially tangible, penalty’s may act as a better deterrent than the current penalties on the books.

Examples of Fleeing in Mississippi

Published on: June 13, 2022 | by Vic Carmody Jr., P.A.

“Fleeing or eluding a law enforcement officer in a motor vehicle” is a serious offense in

Mississippi. However, most of us know it better as simply “a car chase.” The reason this is

viewed as such a serious crime in Mississippi should be obvious. When you are zooming down

Examples of Disorderly Conduct in Mississippi

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

“Disorderly conduct” may seem like a vague phrase. After all, there are many acts that could potentially be considered disorderly conduct. So, how do you know if you are breaking the law? The truth is that you could face serious legal consequences for committing this crime, so it makes sense to gain a clear understanding of what falls within the parameters of “disorderly conduct.”

If you have been charged with disorderly conduct in Mississippi, get in touch with an experienced criminal defense attorney as soon as possible. Although disorderly conduct might not be the worst crime you can be charged with in Mississippi, the consequences are no laughing matter. To avoid these legal consequences, you can work with an attorney and put a solid defense strategy into action.

The Definition of Disorderly Conduct in Mississippi

Examples of Kidnapping in Mississippi

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

Kidnapping is a serious offense in the state of Mississippi, and it may occur in a number of different ways. When most people think about kidnapping, they picture an armed person in a mask – perhaps pulling up in an unmarked van before grabbing someone off the street and holding them for ransom. But in reality, the vast majority of kidnapping cases are much less spectacular, and they typically involve family members. In fact, many people commit this crime without even fully realizing it.

If you have been charged with kidnapping in Mississippi, you need to get in touch with an experienced criminal defense attorney as soon as possible. With help from a legal professional, you can fight for your rights and your freedom. As you will see, kidnapping can result in significant legal penalties. With the right legal assistance, you can mitigate these consequences as much as possible.

What is the Legal Definition of Kidnapping?

What Happens When I Vandalize Public Buildings in Mississippi?

Published on: May 31, 2022 | by Vic Carmody Jr., P.A.

Many people consider graffiti a form of “street art,” and they appreciate its urban influences and risque style. Unfortunately, the law does not share that opinion, and anyone caught vandalizing property can face serious penalties in the state of Mississippi. Some forms of vandalism are worse than others. For example, vandalizing a public building is considered an especially heinous act, and you may face considerable consequences if caught. But how bad can the penalties be?

If you are facing vandalism charges in Mississippi, you should immediately get in touch with an experienced criminal defense attorney. Our legal professionals can help you strive for the best possible results in your case. If your child has been charged with vandalism, you can book a consultation with a private defense attorney on their behalf. Vandalism is considered a serious offense in Mississippi, and there is no sense in accepting needlessly excessive penalties.

School Prank Gone Wrong

Alcohol and Domestic Violence go Hand in Hand to a Bad Result

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

Although there is no excuse for violence, in many cases alcohol use is what contributes to violence. Studies have shown that as many as one in four victims of violent crimes report being attacked by someone who had previously been consuming alcohol. This is especially prevalent in domestic violence cases where emotions can be escalated by alcohol abuse.

The term “domestic violence” can mean any number of violent offenses against a spouse, family member, current or former parties in a social relationship, or other person living in the same residence. There are so many different crimes that can be committed by an offender, and some are certainly more common than others.

What are the Most Common Offenses Made by Drug and Alcohol abusers?

Will I Lose My Government Job if I Get a DUI in Mississippi?

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

A government job can be exceedingly rewarding, providing job security, decent pay, and a range of notable benefits. Losing that job can be a real blow, especially if you have mouths to feed. So, what happens if you get a DUI in Mississippi? Could you lose your government job? This is what many government workers ask themselves after driving while intoxicated, and it is a legitimate concern.

If you are worried about losing your government job after being charged with a DUI, you need to get in touch with a criminal defense attorney as soon as possible. With our assistance, you can fight for your rights and your employment. The truth of the matter is that your DUI charge does not necessarily need to result in your termination, but you need to work with an experienced defense lawyer if you are serious about keeping your job. It is best to book your consultation as soon as possible to achieve the results you want.

The First DUI is Usually Forgiven

What is a “Romeo and Juliet” law?

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

A “Romeo and Juliet” law is an exception in the law to prevent the prosecution of underage people who engage in consensual sex when both participants are significantly close in age, and one is below the age of consent. Named after William Shakespeare’s young lovers in the Romeo and Juliet play, these exceptions protect young people from criminal charges resulting from consensual sexual activity with other young people. People cannot be prosecuted for statutory rape or sexual battery who have engaged in sexual activity with one another and are within 36 months of each other. In Mississippi, the age of consent is 16 years old. At 16, a person is legally old enough to consent to sexual activity. Individuals aged 15 or younger cannot legally consent to sexual activity, and such action could result in prosecution for statutory rape or sexual battery. In Mississippi, statutory rape laws are violated when a person has consensual sexual intercourse with an individual under 16 and who is not their spouse. A close-in-age exemption exists when the age gap between the parties is less than 36 months.

Statutory Rape in Mississippi:

In Mississippi, a person commits statutory rape by having sexual intercourse with a 14 or 15-year-old child when the defendant is age 17 or older and more than three years older than the child. For example, a 17-year-old who has had consensual sex with a 15-year-old cannot be criminally prosecuted in Mississippi. However, sex with anyone younger than 14 is always a crime and can carry a possible sentence of life imprisonment. (Miss. Code Ann. §§ 97-3-65, 97-3-95 (2018).)

What are Expert Witnesses in Criminal Trials?

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

If you are facing a criminal trial, expert witnesses may play a significant role. But what exactly is an expert witness, and how may they affect your chances? The truth is that there are many different types of expert witnesses that could be called upon, and it all depends on the unique circumstances of your situation. However, you should know that expert witnesses have the potential to help you considerably – or diminish your chances of a positive outcome.

If you are facing charges in Mississippi, you should get in touch with a criminal defense attorney as soon as possible. Although you can always rely on a public defense attorney, a private lawyer can help you strive for better results in a much more efficient manner. The truth is that many criminal cases never reach trial, and skilled attorneys can help you work out certain deals without ever needing to call upon an expert witness.

What is an Expert Witness?

Mississippi DUI Field Sobriety Tests

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

What is a field sobriety test?

Field Sobriety Tests are preliminary tests used by police officers to determine if a driver is impaired. The tests assign tasks that assess the driver’s balance, coordination, and ability to divide attention to more than one task during the field sobriety test. The National Highway Traffic Safety Administration approves three field sobriety tests applied nationally. The tests include the Horizontal Gaze Nystagmus, Walk and Turn, and the One Leg Stand Test.

How are field sobriety tests are performed, and what is being tested?