Mississippi Criminal and Family Law Blog

What Happens if You Try to Help a Prisoner Escape From Prison in Mississippi?

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

When many people see their loved ones incarcerated, they tell themselves that they would do anything to get them out. For most people, this is simply wishful thinking. But a few individuals are actually willing to go the extra mile, helping inmates escape from prison and even devising plans to free them. Make no mistake, this is a very serious offense in the state of Mississippi. Those who aid criminals in any way are looked upon extremely unfavorably by courts in the Magnolia State, and you can expect severe legal consequences.

If you have been caught while helping a criminal escape from custody, you should get in touch with a criminal defense attorney as soon as possible. We can help you avoid unnecessary legal consequences as you fight for your rights in court.

It is Not Just HIV

Published on: July 15, 2021 | by Vic Carmody Jr., P.A.

Mississippi does not just punish those who spread HIV. You may also be charged with a criminal offense if you spread other diseases, such as hepatitis B or hepatitis C. This means that if there is the risk of transmitting an STD, criminal charges could be involved.

What if I Disclosed My HIV Status?

Published on: July 15, 2021 | by Vic Carmody Jr., P.A.

You might assume that as long as you disclose your HIV status to another individual, you will not face criminal charges for any subsequent infections that might take place. However, Mississippi case law has clearly demonstrated that this is not the case. A famous example is McCoy v. State, in which a 41-year-old man infected a 15-year-old individual with HIV. The defendant argued that he had disclosed his HIV status, while the victim claimed the opposite. In the end, the court ruled against the defendant. This illustrates how difficult it is to actually prove that you have disclosed your HIV status in court.

Penalty for Exposing Others to HIV

Published on: July 15, 2021 | by Vic Carmody Jr., P.A.

If you knowingly expose other people to HIV, you will be charged with a felony. If convicted, you face a minimum prison sentence of three years and a maximum prison sentence of 10 years. You may also be fined $10,000. There is a subsection in this law that pertains specifically to people in prisons, including inmates, correctional employees, and visitors. If you knowingly cause people to come into contact with bodily fluids containing HIV in a prison, you will also be charged with a crime. In Mississippi, this is known as “endangerment by bodily substance.”

Can You Go to Jail for Giving Someone HIV in Mississippi?

Published on: July 15, 2021 | by Vic Carmody Jr., P.A.

Many people would rather not talk about issues like HIV and AIDS, but these conditions continue to be major issues in Mississippi. While the medical community has made significant advances when it comes to treating these ailments, there is still no known cure. The state of Mississippi has taken a tough stance against the spread of HIV, and legislators have created laws that can punish those who infect others. But what happens if you have infected someone with HIV? Can you really go to jail for this crime?

If you have been charged with any criminal offense in Mississippi, you should get in touch with a skilled defense attorney as soon as possible. Although Mississippi has tough laws when it comes to the spread of HIV, your attorney can help you fight for your rights and avoid jail t

Possible Defenses to Bigamy

Published on: June 14, 2021 | by Vic Carmody Jr., P.A.

The above incident shows how normal citizens may unwittingly commit bigamy. This man legitimately believed that his casino wedding had no legal basis, and this is an understandable point of view in many ways. In order to get married in Mississippi, you need to go through a lengthy process to get a marriage license from a court, which takes at least 24 hours.

The exact wording of the law against bigamy suggests that intent is important. In order to commit bigamy, you have to actually be aware of what you are doing. On the one hand, the man might be able to argue that he was not of sound body and mind when he committed to the first marriage, having been heavily intoxicated at the time. He might also argue that he had a reasonable belief that this marriage was not legally binding.

An Example of Bigamy

Published on: June 14, 2021 | by Vic Carmody Jr., P.A.

In June of 2021, it was reported that a man in Jacksonville was facing bigamy charges after it was revealed that he had married two different women in the past. In his defense, the man stated that his first marriage was at a casino when he was heavily intoxicated. He was under the impression that the casino marriage was not legally binding, and he described it as a “tourist novelty.”

Unfortunately, the marriage was in fact legal. When he married another woman in 2020, he technically committed bigamy. His first wife actually tried to get a divorce multiple times, but she could not locate him. This meant that she could not serve him with the divorce papers. In addition, his second wife found out about his previous marriage and called the police, reporting this to the authorities. The man was then arrested and charged with bigamy.

Penalties for Bigamy in Mississippi

Published on: June 14, 2021 | by Vic Carmody Jr., P.A.

Mississippi is one of many states in the United States with strict penalties for the crime of bigamy. If you engage in bigamy in Mississippi, you face up to 10 years in prison

Is Bigamy Legal in Mississippi?

Published on: June 14, 2021 | by Vic Carmody Jr., P.A.

Bigamy is the act of marrying someone while you are still legally married to someone else. In Mississippi, Bigamy is not legal, and you might be surprised at the legal consequences that can arise from this crime. While Mississippi is much more progressive and modern than it was a few decades ago, the state still looks upon these kinds of offenses with a relatively strict mindset.

If you have been charged with bigamy in the state of Mississippi, it is probably a good idea to get in touch with a qualified, experienced criminal defense attorney as soon as possible. With an attorney by your side, you can fight for your rights in an effective manner and pursue a positive legal outcome.

A Constitutional Loophole

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

Under normal circumstances, the people of a state would vote on an issue, and new laws would be passed. But this did not happen when Mississippi citizens voted in favor of marijuana legalization. Due to a strange constitutional loophole, lawmakers and citizens alike have been left scratching their heads. Back in November, citizens supported the legalization of medical marijuana.

But in May of 2021, the Mississippi Supreme Court ruled in favor of a man who sued the state over the implementation of the ballot initiative. Now, questions are being raised as to whether or not the medical marijuana dispensaries will even open as expected this year.

Why is this happening? The exact laws on ballot initiatives are quite simple. They become valid if whoever registers the proposal can get one-fifth of their signatures from each of the state’s five congressional districts. There is only one problem: Mississippi only has four congressional seats. This means that it is constitutionally impossible to validate any ballot initiative. The court’s justices accepted that the situation was difficult, but they said that they were forced to follow the law as it had been written.