Mississippi Criminal and Family Law Blog

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.

The Death Penalty in Mississippi: A Closer Look at Capital Punishment

Published on: January 25, 2024 | by Vic Carmody Jr., P.A.

The death penalty is a highly debated topic in Mississippi. It raises important questions about whether it is a fair and effective way to administer justice. In this blog, we will explore the history, legal framework, controversies, and ongoing discussions surrounding the use of the death penalty in Mississippi.

The Historical Context

Mississippi has a long history of using different methods, such as hanging, electrocution, and lethal injection, for carrying out the death penalty. Over time, the state has made changes to its approach based on legal reforms and changing public opinions.

Mississippi Chancery Courts: What You Need to Know

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

When it comes to the legal system in Mississippi, there’s a special type of court that might not be on your radar: the Chancery Courts. These courts play a unique role in handling cases that don’t quite fit the mold of regular law courts. Let’s dive into what makes these courts tick and why they matter.

What Are Chancery Courts?

Think of Chancery Courts as the “fairness courts.” They deal with situations where following strict laws might not lead to a fair outcome. These courts have been around for a long time, with roots tracing back to England. When Mississippi became a state in 1817, it decided to have Chancery Courts alongside regular law courts to make sure justice was served even in tricky cases.

How Does Mississippi Handle Armed Robbery?

Published on: January 18, 2024 | by Vic Carmody Jr., P.A.

Armed robbery is a serious criminal offense in Mississippi, punishable by imprisonment, fines, and other penalties. If you or a loved one has been charged with armed robbery, it is crucial to act quick and seek the help of an experienced criminal defense attorney who can provide you with effective legal representation.

How Does Mississippi Define Armed Robbery?

In Mississippi, every person who feloniously takes or attempts to take from another person or entity against his will through the use of force or the threat of force, while in possession of a deadly weapon or firearm is considered to be guilty of armed robbery. The state considers this to be a serious offense that can result in significant prison time and other severe penalties.

Tackling Truancy: Understanding the Issue of Truancy in Mississippi

Published on: January 16, 2024 | by Vic Carmody Jr., P.A.

Truancy, the act of students skipping school without a valid reason, is a widespread concern that affects educational systems across the globe. In the state of Mississippi, truancy has been a persistent challenge that impacts both individual students and the broader community. This blog post delves into the issue of truancy in Mississippi, exploring its causes, consequences, and the efforts being made to address it.

The Truancy Landscape in Mississippi

Mississippi, known for its rich history and culture, has faced its share of educational challenges over the years. Truancy is one of these challenges, with significant implications for students, families, and society as a whole. The state’s rural nature, socio-economic disparities, and historical factors have contributed to the prevalence of truancy in certain areas.

Locked and Loaded: Navigating Gun Violence and Legal Challenges in Mississippi

Published on: January 12, 2024 | by Vic Carmody Jr., P.A.

The 2023 St. Paddy’s Day parade in downtown Jackson took a tragic turn when two people were shot and killed. The suspect, Jordan Kyle Cummins, was arrested by Capitol Police. This incident sheds light on the gun violence problem in Mississippi. According to WAPT News, two victims were shot and killed around 1:00 p.m. during the parade festivities. Authorities said that Cummins was taken into custody without incident.

According to the Centers for Disease Control and Prevention, Mississippi has had a higher gun mortality rate than any other state in the country. In 2020, Mississippi had a death rate of 28.6%, and with all of the gun related deaths that are on the news, it is likely that this number hasn’t decreased since 2020.

The Most Common Gun Crime Charges in Mississippi

Mississippi’s Two Types of Divorce

Published on: December 14, 2023 | by Vic Carmody Jr., P.A.

There are two types of divorce in Mississippi: Irreconcilable Differences divorce (sometimes called “ID divorce” or “uncontested divorce”) and Contested or Fault-Based divorce. The type of divorce you choose largely depends on whether or not you and your spouse can agree to a divorce.

Irreconcilable Differences Divorce

Irreconcilable differences divorce is also sometimes called uncontested divorce. This type of divorce is used where both spouses agree that they want to get a divorce and can agree to all the terms of the divorce. If one spouse does not want a divorce and does not agree to the divorce, ID divorce cannot be used, and the spouse who does want the divorce will have to file for fault-based divorce. What happens if the couple agrees that they both want to get a divorce, but cannot agree on certain terms like child support? In this type of situation, the couple can still file for irreconcilable differences divorce as long as they agree that the court will determine any remaining terms of disagreement.