Mississippi Criminal and Family Law Blog

New Court Decision Leaves Voters Guessing About Marijuana Legality

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

Voters have spoken in Mississippi, and the prospect of legalizing marijuana is clearly an attractive one. By legalizing this drug, Mississippi would join many other states in the nation that have decided to allow responsible citizens to enjoy marijuana recreationally without fear of legal action. However, it seems like the will of the people and the legislative branch are not acting in unison. Despite support from voters, Mississippi does not look like it is getting any closer to legalization.

If you are facing criminal charges because of marijuana possession, you are likely frustrated and concerned about your future. While the state delays over this monumental decision, you may be facing serious consequences in the short term. The only thing you can do in this situation is hire a qualified, experienced criminal defense attorney. We will help you fight for your rights and avoid needless penalties.

Will My Child Go to Jail for Cyberbullying in Mississippi?

Published on: May 24, 2021 | by Vic Carmody Jr., P.A.

Cyberbullying is a serious offense in Mississippi, and state legislators impose harsh penalties on those who are guilty of this crime, regardless of their age. These penalties have become more strict in recent years, and as a result, more people are being charged with cyberbullying. What will happen to your child if they are charged with this crime? Could they be sent to jail?

If your child has been charged with cyberbullying, you need the help of a qualified, experienced criminal defense attorney in Mississippi. Although you might assume that this is just “kids being kids,” the state may take this crime much more seriously than you would expect. A Mississippi criminal defense attorney can help ensure your child’s rights and future are protected.

What are the Penalties for Cyberbullying?

Published on: May 24, 2021 | by Vic Carmody Jr., P.A.

An act of cyberbullying against a student is a misdemeanor in Mississippi, and it traditionally results in a fine of up to $500 and a jail sentence of up to six months. However, the case is handled by the juvenile court when a defendant is younger than 17.

Stalking is another related crime and this misdemeanor can result in a one-year jail sentence and a fine of up to $1,000. Aggravated stalking is a felony that may result in a five-year prison sentence. Once again, different sentences may apply if the defendant is younger than 17. However, this crime also has the potential to become more serious if the victim was younger than 18 years old.

Cyberstalking can be even more serious than stalking in the state of Mississippi. If convicted, your child faces a felony conviction and a prison sentence of up to two years.

Mississippi’s Urine Ban

Published on: May 19, 2021 | by Vic Carmody Jr., P.A.

While it might not be illegal to attempt to cheat on a drug test in the Magnolia State, it is illegal to help others cheat. There is actually an entire industry built around helping people cheat on drug tests. A simple online search will reveal plenty of websites and companies that sell “detoxifying” substances designed specifically to help people hide their drug use.

In Mississippi, the state has focused on one specific aspect of this test-cheating industry — the sale of human urine. There are certain companies that market real or fake human urine that helps individuals pass drug tests. In 2021, Mississippi introduced a new law that would ban the sale of real or fake human urine. You can also be found guilty of this crime if you simply give away your urine. The first offense comes with a fine of $1,000 and up to six months in jail. Repeat offenders can face up to three years in jail.

There are No Federal Laws Against Cheating on a Drug Test

Published on: May 19, 2021 | by Vic Carmody Jr., P.A.

Currently, there are no federal laws that make it illegal to cheat on a drug test. Some studies suggest that up to 10% of all drug samples have been altered in some way, which means that the number of drug users who are getting away with their habit is actually quite high. While the federal government is not really doing anything to address this issue, individual states are. States like Texas, South Carolina, and Oregon have made it illegal to cheat on a drug test, and guilty individuals can face significant fines and even jail time. However, Mississippi is not one of these states, and cheating on a drug test is still legal.

Is it Legal to Cheat on a Drug Test in Mississippi?

Published on: May 19, 2021 | by Vic Carmody Jr., P.A.

Many people may be subject to drug tests in Mississippi for a multitude of reasons. For some, drug tests might be a condition of their employment. Others may be ordered to undergo regular drug testing after being charged with a crime. In some cases, divorced parents may be ordered to undergo drug testing if they want to maintain their visitation rights and see their children. But what happens if you try and “cheat” a drug test in Mississippi? Could you face legal consequences?

If you are dealing with any drug-related legal issues, it is always a good idea to connect with a criminal defense attorney in Mississippi. While cheating on a drug test is probably not a good idea, there is no reason you should face unnecessary legal consequences for your choices. With a skilled attorney at your side, you can mitigate any legal consequences you may be facing.

New Laws Against Protestors

Published on: May 19, 2021 | by Vic Carmody Jr., P.A.

In recent years, anti-protest laws have been passed in Mississippi. One law passed in June prevents individuals from protesting against oil and gas pipelines, as well as other “critical infrastructure projects.” Those guilty of protesting these projects could face up to seven years in prison. Mississippi is also considering new anti-protest laws, including those which would prevent protestors from blocking traffic, damaging monuments, and more

Looting

Published on: May 19, 2021 | by Vic Carmody Jr., P.A.

When protests get out of hand, looting is a common occurrence. This is one of those instances where a “protest” has clearly crossed into the territory of a “riot.” Looting is a serious crime in Mississippi, and it is classified as a felony with a maximum prison sentence of 15 years. It is easy to get caught up in the excitement of a protest, but you should avoid looting at all costs in Mississippi.

The Difference Between a Protest and a Riot

Published on: May 19, 2021 | by Vic Carmody Jr., P.A.

First of all, it is important to understand the difference between a protest and a riot. A protest is an organized demonstration of disapproval, while a riot generally involves a disturbance of the peace with violence and overall terror inflicted on members of the public. Federal law makes it illegal to travel across state lines to participate in a riot, and it also bans anyone from inciting or aiding others who want to participate in a riot.

Is Protesting Legal in Mississippi?

Published on: May 19, 2021 | by Vic Carmody Jr., P.A.

One of the core tenants of any free, democratic nation is the right to protest. Mississippi citizens should always have the freedom to protest and hold lawful assemblies, but they should also be aware of the potential legal consequences if they engage in this behavior. Understanding your rights helps you protest in a safer way without fear of arrest.

However, if you have been arrested after participating in a protest, it is time to get help from a qualified, experienced criminal defense attorney. A Mississippi criminal defense attorney can assess your unique situation and recommend the best course of action. The Constitution might give you the right to protest and voice your opinion, but it cannot protect you against certain criminal charges. On the other hand, a skilled lawyer can definitely help you in this situation.