Mississippi Criminal and Family Law Blog

What is the Difference Between Murder and Manslaughter in Mississippi?

Published on: November 12, 2020 | by Vic Carmody Jr., P.A.

In incidents that lead to someone’s death, there can often be a fine line between manslaughter and murder; however, there is a big difference in punishment. In the state of Mississippi, courts will look at every aspect of the case to determine the difference between murder and manslaughter.

In simple terms, the difference between murder and manslaughter in Mississippi is that manslaughter is unintentional, while murder is intentional. Specifically, the term used to define murder is “malice aforethought,” or the intent to kill. Generally speaking, if an intent to kill cannot be proven, then the courts will opt for a manslaughter charge.

Depending on the circumstances, there can be multiple levels of each crime.

What Happens When You Commit a Third DUI Offense in Mississippi?

Published on: October 23, 2020 | by Vic Carmody Jr., P.A.

What Happens When You Commit a Third DUI Offense in Mississippi?

When it comes to DUIs in Mississippi, a “third strike” means significant penalties. If you have been charged with a third DUI, Mississippi courts will assume that you simply have not learned your lesson. This means that you face much more serious consequences.

While your situation may seem dire, you can strive for the best possible outcome with the help of a qualified attorney who has decades of experience. Expert legal assistance is absolutely essential when you are facing your third DUI, and it can help you avoid years of jail time, fines, and other penalties.

What Happens When You Commit a Second DUI Offense in Mississippi?

Published on: October 23, 2020 | by Vic Carmody Jr., P.A.

What Happens When You Commit a Second DUI Offense in Mississippi?

A DUI is a serious offense in the state of Mississippi, especially if you have committed this crime more than once. When you consider the impact that drunk driving has on our communities, it makes sense to take a very strict approach when punishing people who drive while intoxicated. In 2016 alone, drunk drivers contributed to 18% of all traffic-related fatalities in the state of Mississippi. On a broader scale, America contains more drunk drivers than the entire populations of most countries.

Because of the life-and-death nature of DUIs, Mississippi is striving to reduce the prevalence of these crimes by whatever means possible. Although educational programs, mass media initiatives, and sobriety checkpoints are all effective measures, the easiest way to deter drunk drivers is with harsh penalties. If you continuously drive while impaired, you can expect your legal penalties to become increasingly more serious if you reoffend.

When Does a DUI Become a Felony in Mississippi?

Published on: October 9, 2020 | by Vic Carmody Jr., P.A.

Being charged with a DUI in Mississippi can be a life-changing situation, but things may become even more serious if your DUI offense is a felony. There are several ways in which a DUI in Mississippi may constitute a felony, and it is important to understand this system. If you have been charged with a DUI in Mississippi, you should seek legal help as soon as possible, especially if you think you may be facing a felony. A qualified legal expert can help you navigate the legal system in an efficient manner, and this may include getting your felony reduced to a misdemeanor charge.

First, let us examine how a DUI is defined in the state of Mississippi. Here are some factors that can result in a DUI charge:

Blood-alcohol content (BAC) of 0.08% or higher for a normal driver

What to Do If You’re Accused of a Hate Crime in Mississippi

Published on: October 9, 2020 | by Vic Carmody Jr., P.A.

Getting accused of a hate crime in the state of Mississippi is a serious situation that needs to be assessed wisely. Because of the subjective matter of what can be categorized as a hate crime by the victim, simply saying the wrong words in the wrong way can result in years of prison time. If you have been accused of a hate crime, you will need to know if the victim has a case and whether you can defend against it. The first step is to learn a little bit more about how hate crimes are handled in Mississippi.

How Is a Hate Crime Defined in Mississippi?

A hate crime in Mississippi is defined as a felony or misdemeanor that is perceived to be motivated by the following things:

Mississippi DUI With a Fake Commercial Driver’s License

Published on: October 5, 2020 | by Vic Carmody Jr., P.A.

For those who hold a commercial driver’s license (CDL) and drive for a living, DUIs are handled differently in Mississippi. In contrast to a normal citizen, a commercial driver of a heavy truck can expect much harsher consequences when charged with a DUI. These charges become even more serious when the driver’s CDL is actually fraudulent. If you are caught driving under the influence with a fake CDL, it is important to seek help from a qualified legal expert who can explain your options in detail.

DUI Charges for Drivers With a CDL

If you have been charged with a DUI and you have a CDL, your future career is on the line. The first thing you need to know is that a completely different set of rules applies to you.

Domestic Violence Attorney: Domestic Violence Lawyer Near Me

Published on: April 22, 2020 | by Vic Carmody Jr., P.A.

By: Vic Carmody, Domestic Violence Attorney MS in the Tri-County Area Around Jackson Mississippi

All over America misdemeanor or felony domestic violence (DV) cases happen every day. The pandemic in Spring of 2020 put millions or spouses and domestic partners under stress. These kinds of complex, relationship-driven criminal cases are best handled by an experienced criminal defense attorney and not personal injury lawyers, or by randomly selecting an advocate near me from a lawyer directory.

This article provides legal advice and answers a common question, “Should I get a lawyer for domestic violence?” The barrier between you and a jail cell is usually based upon which domestic violence defense lawyer you retain.

MS Lady Arrested for Driving Under the Influence on a Horse

Published on: November 3, 2017 | by Vic Carmody Jr., P.A.

Often we hear of people being arrested for driving under the influence in their car, truck, boat, or some other well-known type of vehicle. 53 year old, Donna Byrne was arrested for driving under the influence of a different sort of vehicle.

Ms. Byrne was arrested and charged with drunk driving for riding a horse down a busy highway in Lakeland, Florida, while intoxicated. Someone called 911 about a woman who appeared confused and possibly in danger. When police arrived, they saw Ms. Byrne riding her horse in the road.

The officers conducted a sobriety test and Ms. Byrne’s breath samples registered a blood alcohol level of .161. The legal limit to drive in Florida is .08. You can read more about this arrest at https://www.nbcnews.com/news/weird-news/florida-woman-horseback-charged-dui-n817231

Mississippi Road Laws: Mississippi Criminal Law Traffic Laws

Published on: July 20, 2017 | by Vic Carmody Jr., P.A.

By: Kevin Stewart and Lance Mixon, Law Book Co-Authors and Criminal Attorneys Near Me in the Magnolia State

Mississippi state laws on moving violations are primarily traffic citation and release situations. On July 1, 2017, new road laws in MS went into effect. Your driving record is now in jeopardy of being blemished by the growth of driving laws in MS. This article highlights the value of a traffic ticket lawyer near me to fight for your legal rights.

However, some of the more serious traffic ticket offenses like state of Mississippi DUI laws, Mississippi hit and run law, careless driving and reckless driving MS laws can lead to being handcuffed and taken to jail for violating serious MS motor vehicle laws.

Former Football Hero Has Bad Day

Published on: June 22, 2017 | by Vic Carmody Jr., P.A.

Anyone can find themselves in trouble with the law, especially when it comes to DUIs. In fact, you probably have a friend or have experienced yourself how quickly a person can be pulled over and issued a citation or arrested.

Bo Wallace, the three year starting quarterback at Ole Miss, found himself in this exact situation earlier this month. He was arrested in Clay County by the West Point Police earlier this June. According to East Mississippi Community College Coach Buddy Stephens, Wallace had taken prescription medication that day. On his way home he fell asleep and wrecked. You can read more about this incident here.

All kinds of people get charged with DUIs, even SEC quarterbacks. This is a serious matter that should be handled with the help of a skilled attorney. If you or a loved one ends up in this scary situation please contact our office for a consultation to discuss your options. You can reach our office at 601-948-4444 or visit our website.