Mississippi Criminal and Family Law Blog

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:

The Role of Expert Witnesses in DUI Defense

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

In the complex landscape of criminal law, defending individuals charged with driving under the influence (DUI) requires a comprehensive approach. One crucial aspect that can significantly impact the outcome of DUI cases is the testimony of expert witnesses. Expert witnesses play a pivotal role in DUI defense by providing specialized knowledge and objective analysis. In this blog, we will delve into the importance of expert witnesses and how their testimony can shape the defense strategy in DUI cases.

Understanding Expert Witnesses

Expert witnesses are professionals with specialized knowledge, training, education, or experience in a particular field relevant to the case at hand. In DUI defense, expert witnesses can include toxicologists, forensic chemists, accident reconstruction experts, field sobriety test specialists, and more. These individuals possess the expertise necessary to examine scientific evidence, evaluate the reliability of law enforcement procedures, and provide professional opinions regarding the defendant’s sobriety, the accuracy of test results, and any potential errors or inconsistencies.

What is the Difference Between Annulment and Divorce?

Published on: February 13, 2024 | by Vic Carmody Jr., P.A.

Annulment and divorce are both legal processes that end a marriage, but they differ significantly in their legal implications and outcomes. Here are some key differences between annulment and divorce:

Legal Implications:

Annulment:

States Cracking Down on DUIs

Published on: February 8, 2024 | by Vic Carmody Jr., P.A.

South Carolina is taking stricter measures to combat drunk driving, potentially creating a larger number of drivers who will have to use ignition interlock devices. These devices are breath-analysis systems integrated into a vehicle’s electrical system to prevent individuals under the influence from starting the car until they pass a breath test with a blood-alcohol level below 0.02%.

Here are the key points:

Expansion of the Program: South Carolina recently updated its laws, requiring anyone convicted of a DUI with a blood alcohol level of 0.08% to install an ignition interlock device. This represents a significant expansion from the previous requirement, which applied to those with a blood alcohol level of 0.15% or repeat offenders.

How to Adopt in Mississippi

Published on: February 6, 2024 | by Vic Carmody Jr., P.A.

The adoption process in Mississippi involves several steps and legal procedures. It’s important to note that adoption laws and processes can vary, and this blog is a general overview. If you are considering adoption, it’s recommended to consult with an adoption attorney or agency to navigate the specific requirements and procedures that apply to your situation.

Choose the Type of Adoption:

Agency Adoption: In agency adoptions, individuals work with licensed adoption agencies, which facilitate the adoption process.

What Happens if My Teenager Gets a DUI in Mississippi?

Published on: February 1, 2024 | by Vic Carmody Jr., P.A.

In Mississippi, it is illegal for individuals under 21 to consume alcohol. Therefore, if a minor is arrested for DUI, they will face legal consequences under the state’s underage drinking laws and DUI statutes. The severity of these consequences will depend on various factors, including the minor’s blood alcohol concentration (BAC), prior offenses, and the circumstances surrounding the arrest.

The law governing DUIs is found under Miss. Code Ann. § 63-11-30. The law governing minors arrested for DUI is specifically found under subsection 3 of the statute, the “Zero Tolerance for Minors” law. It applies when someone under 21 has a blood alcohol concentration (BAC) of 0.02% or higher but less than 0.08%. If their BAC is 0.08% or higher, the minor will be treated as an adult first-offense DUI, and those laws will govern.

Under the Zero Tolerance law, if someone under 21 is convicted for the first time of breaking this law and takes a chemical test or if no test results are available, they will be fined $250. They must also attend an alcohol safety education program within six months. The court may also require them to participate in a victim impact panel.

How Does Annulment Work in Mississippi?

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

Annulment is a legal process through which a civil court declares that a marriage never existed. However, obtaining an annulment in Mississippi is a very specific and limited process, contrary to the misconception that it is an easier or quicker alternative to divorce. Seeking the assistance of a lawyer is crucial due to the restricted circumstances under which an annulment can be granted. It is important to differentiate this legal process from a religious annulment, which should be pursued through religious authorities and holds no legal weight in the eyes of the state.

Grounds for annulment in Mississippi include:

Incest: Marriage between close relatives, such as parent and child, siblings, first cousins, etc. is considered void, and any children born from an incestuous marriage are considered illegitimate.