Mississippi Criminal and Family Law Blog

Is Public Drinking Legal in Mississippi?

Published on: August 26, 2021 | by Vic Carmody Jr., P.A.

Mississippi’s alcohol laws are quite complex. This is largely due to the fact that the state gives tremendous freedom to local counties and municipalities when it comes to creating and enforcing their own alcohol regulations. Essentially, the local authorities get to decide for themselves which rules they wish to follow. An example of this is public drinking. Many residents find public drinking laws incredibly frustrating. This is especially true if they are engaging in innocent behavior, such as enjoying a cold beer or a glass of wine at a park while having a picnic. The exact laws on public drinking vary from state to state.

Mississippi is Unique When it Comes to Alcohol Laws

Mississippi has a long and interesting history when it comes to alcohol laws. Traditionally, the Magnolia State has been a supporter of prohibition since the 1800s. In 1839, the state banned the purchase of more than one gallon of alcohol at any time. Further laws were created over the next few decades.

Examples of Community Service in Mississippi

Published on: July 20, 2021 | by Vic Carmody Jr., P.A.

So what types of community service might you be ordered to carry out in Mississippi? In 2017, it was reported that offenders were carrying out a wide range of tasks as they completed their community service obligations. These included cleaning up the downtown Jackson area, setting up computer labs for a school district in Harrison County, cleaning up after a basketball tournament, washing cars, working at a local dog pound, cleaning up parks, and many other tasks. You’ll notice that the vast majority of these jobs include cleaning up the community, but there are exceptions.

Understanding Community Service

Published on: July 20, 2021 | by Vic Carmody Jr., P.A.

The first thing you need to know about community service is that it is rarely an option for very serious crimes. It may be a stand-alone sentence, or it might be a condition of probation. In addition, community service may be a required punishment for some crimes, such as property damage. In addition, community service is always intended to benefit the community in some way.

Your community service may be closely related to the crime you committed. For example, a DUI offender might be required to help with various programs that help prevent more DUIs from being committed in the future. Someone who sprays graffiti on walls might be required to clean up acts of vandalism around town. A drug offender might be ordered to assist with substance abuse programs, helping other people get clean.

You will never be required to carry out community service that you are not physically capable of doing. For example, you will not be ordered to lift heavy objects if you are an older person or you are dealing with medical conditions.

Court-Ordered Community Service in Mississippi

Published on: July 20, 2021 | by Vic Carmody Jr., P.A.

For many offenders in Mississippi, community service is a welcome alternative to prison. Judges may order convicted criminals to complete a certain amount of community service instead of giving them a prison sentence. Judges may also give offenders reduced sentences that include community service as a condition of their early release. Whatever the case may be, most individuals breathe a sigh of relief at the thought of doing community service. But as that initial relief begins to fade, you might start to ask yourself what your community service will actually involve.

A qualified, experienced criminal defense attorney in Mississippi can explain the details of your community service in a clear, concise manner. Not only that, but working with one of these legal professionals also increases your chances of getting community service instead of prison time.

When Might I be Charged With Perjury?

Published on: July 20, 2021 | by Vic Carmody Jr., P.A.

Here are some common examples of what perjury might look like:

Lying under oath
Providing misleading information in an affidavit

What is the Penalty for Perjury in Mississippi? Part 2

Published on: July 20, 2021 | by Vic Carmody Jr., P.A.

First of all, those convicted of perjury in Mississippi can never be called upon as a witness ever again. The exact penalties depend on the circumstances of the crime. If you committed perjury during a trial or indictment for a capital offense or a felony, you face a prison sentence of up to 10 years. For all other matters, the penalties are relatively less severe, but you still could face up to 10 years behind bars.

What is the Definition of Perjury in Mississippi?

Published on: July 20, 2021 | by Vic Carmody Jr., P.A.

In Mississippi, you are guilty of perjury if you lie under oath. You are also guilty of perjury if you make false declarations in any legal matter, in any court of law, or before any officer of the law. Essentially, you are guilty of this offense if you lie in any situation where an oath or affirmation is required by law. Finally, you may also be charged with perjury if you lie to a tribunal officer, a judicial officer, an executive officer, or an administrative officer. The exact law in Mississippi states that you must “wilfully and corruptly swear” under oath, which means there must be some degree of intent. In other words, you need to be aware that what you are saying is false.

What is the Penalty for Perjury in Mississippi?

Published on: July 20, 2021 | by Vic Carmody Jr., P.A.

While many people are aware on a deep level that lying is wrong, some might not be aware that this is actually a crime in Mississippi. Perjury is a very serious offense in the Magnolia State, and those who commit this offense can face strict penalties. But how exactly is perjury defined in Mississippi? More importantly, when might you be charged with perjury, and what kind of penalties could you face if found guilty?

If you have been charged with perjury or any other crime in Mississippi, it makes sense to get in touch with a qualified criminal defense attorney as soon as possible. Reach out to one of these legal experts, and you can approach this situation in a confident, efficient manner. Many people commit perjury by accident, and there is no reason to face overly severe consequences if you are innocent for all intents and purposes.

The Penalty for Helping Someone Escape

Published on: July 20, 2021 | by Vic Carmody Jr., P.A.

There are a number of laws against helping people escape from the custody of law enforcement officials. These laws fall under the general category of “escape of prisoners.” One of these laws is “aiding escapes from officers.” You are guilty of this crime if you help someone who is attempting to escape from the custody of a sheriff, marshal, constable, or any other law enforcement officer. If you are convicted, you face a jail sentence of one year, a fine of $500, or both.

However, a much more serious offense is “aiding escape of felons generally,” or “rescuing prisoners from custody.” You are guilty of this crime if you assist in the escape of any prisoner who is lawfully detained in a penitentiary, jail, or any “place of confinement.” In order to be convicted of this crime, the prisoner must be detained as the result of a felony charge. You can also face this charge if you “forcibly rescue” a prisoner, regardless of whether the prisoner is a felon. The penalty for this crime is a maximum sentence of 10 years in the penitentiary.

Woman Charged With Aiding an Escape in Mississippi

Published on: July 20, 2021 | by Vic Carmody Jr., P.A.

Prison breakouts might sound unlikely in the modern era, but they are relatively common in Mississippi. Over the years, many inmates have successfully escaped from incarceration, and many have been helped by people on the outside. Such was the case in July of 2020 when a man successfully escaped the Mississippi State Penitentiary and then fled the state. This individual had help from a 28-year-old woman, who picked the inmate up and helped him cross state lines into Tennessee. The man was then recaptured in Nashville after a three-day manhunt.

Speaking about the fact that this inmate had been helped in his escape, Department of Corrections Commissioner Burt Cain stated: “Where we can, people will be charged to the fullest extent of the law because we do not tolerate people assisting fugitives.”