Mississippi Criminal and Family Law Blog

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.

The Fastest Way to Divorce in Mississippi: Uncontested Divorce Explained

Published on: April 26, 2024 | by Vic Carmody Jr., P.A.

Divorce is never an easy process, but in Mississippi, there’s an option that can make it quicker and less stressful: uncontested divorce. If you and your spouse can agree on the terms of your divorce, opting for an uncontested divorce might be the fastest way to legally end your marriage in this state. Let’s dive into what uncontested divorce means and why it’s often the speediest route to a divorce decree in Mississippi.

What is Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all major issues related to the divorce, including division of property, division of assets and debts, child custody and support (if applicable), and alimony. Essentially, both parties are on the same page and don’t require court intervention to settle disputes.

How Does Mississippi Define Sexual Battery?

Published on: April 23, 2024 | by Vic Carmody Jr., P.A.

According to the Rape, Abuse, & Incest National Network (RAINN), every 68 seconds, an American is sexually assaulted. The majority of sexual assault victims are between the ages of 18 and 34. Sexual assault is a serious crime that can have significant legal and personal consequences for both the victim and the accused.

In the state of Mississippi, sexual assault is defined as any non-consensual sexual act, including rape, molestation, and unwanted touching. This remains the case even if the two individuals are married. The legal definition of sexual assault in Mississippi is based on the concept of consent. In order for a sexual act to be consensual, both parties must freely and willingly agree to engage in the act. If one person is coerced or forced into the act, then it is considered sexual assault.

In Mississippi, the age of consent is 16 years of age. However, sexual battery is also known as a status crime. This means that if the age differential between the accuser and the defendant is more than 2 years for an individual under 14, and 3 years for an individual under 16, they cannot legally consent. It is also important to note that the legal definition of consent varies from state to state, so it is important to consult with an attorney who is familiar with Mississippi law.

Navigating Contempt Proceedings After Divorce

Published on: April 19, 2024 | by Vic Carmody Jr., P.A.

Going through a divorce is undoubtedly a challenging experience, but what happens if your former spouse fails to comply with court-ordered obligations after the divorce is over? In Mississippi, as in many other states, people who disregard court orders related to divorces can face consequences through contempt proceedings. Filing for contempt can be a strategic step to make sure your ex complies with the terms of your divorce. Let’s delve into the process of filing for contempt after a divorce in Mississippi.

Understanding Contempt of Court:

Contempt of court occurs when a person willfully disobeys a court order. In the context of divorce, this could involve failure to pay child support or alimony, refusal to adhere to custody arrangements, or neglecting to transfer property or assets as stipulated in the divorce decree.

Potential Defense Strategies for DUI Child Endangerment in Mississippi

Published on: March 15, 2024 | by Vic Carmody Jr., P.A.

While there are many aggravating factors associated with DUIs in Mississippi, perhaps one of the most notable involves child endangerment. If you had a child in your vehicle at the time of your DUI arrest, you face enhanced penalties that can be quite severe. It is obviously in your best interests to fight these charges in the most effective way possible – but how exactly do you accomplish this goal? With the right defense strategy, this might be easier than you realize. With that said, it is important to realize that the most appropriate defense strategy depends entirely on the unique circumstances surrounding your arrest – and it’s always best to consult with an attorney.

The Passenger Was Not a Child

If the circumstances regarding the underlying DUI offense seem impossible to fight, it may be worth establishing that there was no child in your vehicle at the time of your DUI. Many police officers take a quick look inside vehicles and determine an occupant’s age simply by glancing at them. However, this is not an accurate way of determining a child’s age. Some children look much younger than they actually are, and some look much older. Sometimes, the easiest way to beat a DUI child endangerment offense is to simply provide the court with a copy of the minor’s birth certificate.

Simple Assault is Not So Simple in Mississippi

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

A term like “simple assault” is extremely vague, especially when one considers the plethora of possible violent crimes in Mississippi. What exactly makes a simple assault “simple?” Is it the straightforward nature of the crime? Is it the lack of a deadly weapon? Could it be the minor nature of the resulting injuries? Many defendants ask these questions when they learn that they have been charged with simple assault in the State of Mississippi. The answers are not always clear, and it may take an experienced defense attorney to explain this deceptively complex crime in more detail. What exactly is simple assault in Mississippi?

Penalties for Simple Assault in Mississippi

The first thing you need to know about simple assault in Mississippi is that this crime is considered a misdemeanor. In other words, it is not a felony, and as such, the maximum penalties are lower. For most instances of simple assault, the longest period you can spend in jail is six months. In addition, you can face a fine of up to $500 for simple assault.

Potential Defenses to Fleeing or Eluding a Law Enforcement Officer in Mississippi

Published on: February 29, 2024 | by Vic Carmody Jr., P.A.

If you have been charged with fleeing or eluding a law enforcement officer in a motor vehicle, you should know that you face serious consequences. Felony charges are possible, and you could spend years in prison. However, you should also know that there are a number of viable defenses to this crime. Of course, the most optimal defense strategy will depend on your unique circumstances – but these potential defenses highlight the possibilities:

No Reasonable Suspicion

The most obvious defense in this scenario for many defendants is the lack of reasonable suspicion. If you were not committing a crime and the police had no reason to believe that you were doing anything illegal, it may be unconstitutional for police officers to attempt to pull you over. As such, you may be legally justified in eluding or failing to stop based on the Fourth Amendment of the Constitution of the United States against unreasonable searches and seizures. MS Code § 97-9-72 (2020) specifically states that someone is only guilty of fleeing if the officer is “acting in the lawful performance of duty” and they have a “reasonable suspicion to believe that the driver in question has committed a crime.”

The Healthcare Proxy: Navigating Medical Decisions with Confidence

Published on: February 26, 2024 | by Vic Carmody Jr., P.A.

In the intricate landscape of healthcare, unforeseen circumstances can arise where individuals may find themselves unable to make critical medical decisions. This is where the role of a healthcare proxy emerges as a beacon of guidance and support. Being a healthcare proxy is not merely a responsibility; it’s a profound act of trust and compassion, empowering individuals to advocate for their loved ones’ health and well-being when they are unable to do so themselves.

Understanding the Role of a Healthcare Proxy

A healthcare proxy, also known as an agent or surrogate decision-maker, is a person designated to make medical decisions on behalf of another person if they become incapacitated or unable to communicate their wishes. This designation typically occurs through a legal document known as a healthcare proxy or durable power of attorney for healthcare.

Which Convictions Take Away Your Gun Rights in Mississippi?

Published on: February 23, 2024 | by Vic Carmody Jr., P.A.

Most people are aware that if you commit a felony in Mississippi, you will lose your gun rights. However, there are a number of additional offenses that can also take away your right to bear arms – including certain misdemeanors. In addition, federal felonies that you may not even be aware of can prohibit you from purchasing or owning a firearm. Fortunately, it may be possible to regain your firearms rights under certain circumstances.

Any Felony in Mississippi Can Affect Second Amendment Rights

Any felony conviction will prevent you from owning, purchasing, or using firearms and ammunition in Mississippi. Examples of common felonies in Mississippi include: