Mississippi Criminal and Family Law Blog

Types of Family Violence in Mississippi

Published on: June 4, 2024 | by Vic Carmody Jr., P.A.

Domestic violence is a serious offense in Mississippi. If you are accused of this crime, it is important to understand your rights. More importantly, it is crucial that you understand exactly how these alleged crimes are handled in the state of Mississippi. There are many types of crimes that may be classified as domestic violence, and penalties may vary as a result. An obvious first step is to book a consultation with a criminal defense attorney and determine how best to proceed based on your unique situation.

While there are many types of family violence in Mississippi, they all involve crimes committed against members of your household or your family. This might include:

Your current spouse

Divorce and Desertion in Mississippi

Published on: May 28, 2024 | by Vic Carmody Jr., P.A.

Divorce can be a challenging process, fraught with emotions and legal complexities. In Mississippi, like in many other states, divorce can be granted on various grounds, one of which is desertion. Desertion is a significant issue that affects many marriages, and understanding how it applies within the legal framework of Mississippi is crucial for those navigating this difficult situation.

Grounds for Divorce Based on Desertion

In Mississippi, desertion is one of the grounds for divorce. Desertion occurs when one spouse abandons the marital relationship without cause and without the consent or permission of the other spouse. It is important to note that desertion can be either actual or constructive.

Converting Your Firearm to a Machine Gun in Mississippi: Understand the Penalties

Published on: May 24, 2024 | by Vic Carmody Jr., P.A.

Fully automatic weapons are generally reserved for military personnel in the United States, and any civilian caught with a machine gun faces serious consequences. Due to the rise in 3D printing and other gun manufacturing technologies, it is now easier than ever to “upgrade” a semi-automatic firearm to a fully automatic gun. Machine gun conversion devices – known by law enforcement officials as “MCDs” – are becoming increasingly common in Mississippi. On the street, they are known as “auto sears,” “chips,” or “switches.” In 2021, the ATF reported a 570% increase in MCD seizures. What happens if you are caught with an auto sear in Mississippi?

Mississippi US Attorney Warns that MCDs are Flooding the Streets

In May of 2024, US Attorney Todd Gee warned that the authorities in Mississippi were seeing a dramatic increase in MCDs. This warning came directly after a defendant pleaded guilty to the possession of a machine gun. He had been arrested after a high-speed chase that reached speeds of 120 miles per hour, and police found two fully automatic Glock pistols on his person after finally catching him. The authorities were pursuing the man because he had previously filmed himself firing his fully automatic machine pistol out of the same vehicle. He faces up to 10 years in prison for possession of a machine gun.

Jackson Announces New “Carjacking Task Force”

Published on: May 21, 2024 | by Vic Carmody Jr., P.A.

Authorities in Jackson are attempting to crack down on carjackings with a new task force. With this new development, it is likely that more suspects will be apprehended by police and charged with felonies. If you are facing carjacking charges in Mississippi, it is important to review potential defense strategies alongside a carjacking defense lawyer in Jackson. With help from legal professionals, you can push back against excessive penalties.

Department of Justice Announced New Carjacking Task Force in Jackson

In April of 2024, the Mississippi Department of Justice announced the formation of an official “carjacking task force” in the Jackson metro area. US Attorney Todd Gee explained:

The Power Move Everyone Should Make: Why You Need a Prenup

Published on: May 17, 2024 | by Vic Carmody Jr., P.A.

In the realm of romance, talk of prenuptial agreements often carries a stigma. Some view them as cynical, even suggesting they cast a shadow of doubt over the marriage. However, the reality is quite different. Prenups are powerful tools that can strengthen relationships, protect individuals, and foster open communication. Here’s why everyone should seriously consider getting a prenup before tying the knot.

Protecting Assets

One of the most obvious reasons for a prenup is asset protection. Whether you’re entering a marriage with substantial wealth, a business, or even just personal assets you want to safeguard, a prenuptial agreement can outline how these assets will be divided in case of divorce. It’s not about planning for failure, but about ensuring that both parties enter the marriage with clarity and security.

Multiple High-Ranking Mississippi Officials Face DUI Offenses

Published on: May 14, 2024 | by Vic Carmody Jr., P.A.

As with all States, everyone is equal under the law in Mississippi. This includes not only average motorists but also Councilwomen, sheriffs, and other officials. In the past few weeks, many of these officials have been charged with DUI-related offenses, proving that no one gets special treatment. These defendants arguably face more serious consequences than average motorists due to the high-profile nature of their jobs. A single DUI offense can be enough to end a political or law-enforcement career. What can you do if you face a DUI charge in Mississippi?

Wayne County Sheriff Arrested for DUI and Reckless Driving

On March 11, 2024, it was reported that a former Wayne County Sheriff had been arrested on suspicion of drunk driving and reckless driving. Although this individual had previously retired from the force back in 2023, it is unlikely that he will ever return. The individual was spotted driving in what police say was a “reckless fashion” in Waynesboro. Police then pulled him over and concluded that he was driving under the influence.

What Happens When You Shoot at Officers During a Pursuit?

Published on: May 10, 2024 | by Vic Carmody Jr., P.A.

Many suspects exchange fire with police officers during pursuits in Mississippi. To some extent, it makes sense to shoot back at someone who is firing at you. However, things are very different if the person shooting at you is a police officer. The normal principles of self-defense may no longer apply in this situation, and you may face serious consequences for exchanging fire with the law. What can you do if you find yourself in this situation? How can you defend yourself from criminal consequences in the most effective way possible?

Man From Jackson Gets 10 Years for Shooting at Officers During Pursuit

In March of 2024, the Justice Department announced that a Jackson man had been sentenced to 10 years behind bars for his conduct during a high-speed pursuit. In 2021, the defendant refused to pull over when approached by officers with the Clinton Police Department – sparking what the Justice Department described as a “high-speed pursuit.” During this pursuit – which veered straight through the City of Jackson – the defendant fired numerous rounds at officers on his tail.

Divorce Process for Mississippi Inmates

Published on: May 7, 2024 | by Vic Carmody Jr., P.A.

Divorce is always a challenging process, marked by emotional strain and legal complexities. But for individuals who find themselves navigating this journey from behind bars in Mississippi, the hurdles can seem insurmountable. However, despite the unique challenges posed by incarceration, it is possible to sign divorce papers and move forward with a divorce while incarcerated.

In Mississippi, being incarcerated does not automatically prevent you from divorcing your spouse. However, the process does require careful navigation and adherence to specific procedures. Here’s a brief guide on how to sign divorce papers while incarcerated in Mississippi:

Initiate the Divorce Process: The divorce process begins with filing the necessary paperwork with the appropriate court. Talk to your lawyer about your goals, and your lawyer will be able to file the appropriate paperwork in the correct court on your behalf.

What is the Difference Between a Blood Test and a Breathalyzer in a Mississippi DUI?

Published on: May 3, 2024 | by Vic Carmody Jr., P.A.

Test results are crucial in proving DUIs. If the authorities fail to obtain results that suggest intoxication, it is difficult for them to convict alleged drunk drivers. Not all DUI tests are the same. Two of the most common types are breath tests and blood tests. When defending yourself against DUI allegations, it may help to understand the differences between these two tests. Which test is more accurate? Can you refuse either test? How can a DUI defense attorney in Mississippi help you avoid charges despite convincing test results?

Blood Tests are More Accurate Than Breathalyzer Tests

Generally speaking, blood tests are more accurate compared to breathalyzer tests. In addition, they can test for a wider range of substances. Aside from detecting alcohol, a blood test can identify illegal or prescription drugs. When you take a blood test, few substances will fall under the radar.

Understanding Bail in Mississippi: Your Guide to Pretrial Release

Published on: April 30, 2024 | by Vic Carmody Jr., P.A.

Bail is a term used to describe the bond or conditions of pretrial release for someone who has been charged with a crime. In Mississippi, with few exceptions, anyone charged with a crime is entitled to a reasonable bail. The purpose of setting bail is twofold: to ensure the person shows up for all court hearings, including trial, and to ensure that they will not be a danger to themselves or others if released before trial.

How Does Bail Work?

After someone is arrested, they should be taken before a judge without delay for an initial appearance. During this appearance, the judge will inform them of the charges and set a reasonable bond. The Mississippi Rules of Criminal Procedure require that judges use the least restrictive bond when possible. This means that judges should consider releasing a person on their own recognizance before resorting to more restrictive means, such as requiring a bondsman or placing the person on an ankle monitor.