Mississippi Criminal and Family Law Blog

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.

How to Prepare for Divorce

Published on: December 11, 2023 | by Vic Carmody Jr., P.A.

When a marriage is breaking down and it becomes obvious that divorce may be approaching, it can be scary for everyone involved. However, there are several things that spouses can do to prepare for divorce if they know that they are likely headed in that direction. It is never a bad idea to prepare ahead of time so that the divorce process runs as smoothly as possible.

Basic Divorce Requirements

The first part of starting the divorce process is determining whether you meet the state residency requirement. To file for divorce in Mississippi, you must be a Mississippi resident for at least six months at the time of filing. Most people satisfy this condition easily, but if you have not lived in Mississippi for at least six months, you may need to wait until that six-month period has passed. Residency may be proved in many ways including but not limited to filing for a homestead exemption, registering to vote, purchasing an instate drivers’ license, and so on.

Mississippi Addresses Mental Health with House Bill 1222

Published on: December 7, 2023 | by Vic Carmody Jr., P.A.

The week of March 13, 2023, Mississippi passed House Bill 1222, also called the Mississippi Collaborative Response to Mental Health Act. This bill, which passed unanimously, was sent to the governor for his signature. It requires each municipality and county law enforcement agency to provide mental health training to all officers by 2031. It also requires that these law enforcement agencies must employ at least one Crisis Intervention Team Officer by the year 2025.

In the wake of police brutality and the broad media coverage it has gained, many states are looking at ways to curb deaths caused by police. For most, this looks like some sort of intervention program such as the one proposed here in Mississippi. According to the Journal of the American Academy of Psychiatry and the Law, of the 1,000 people fatally shot by police in 2018, 25% were mentally ill. The type of training looking to be introduced here aims to reduce the risk of serious injury or death during an emergency interaction between people with mental illness and police officers. Studies show this type of training leads to beneficial officer-level outcomes, such as officer satisfaction and self-perception of a reduction in use of force. It would also likely lead to prebooking diversion from jails to psychiatric facilities. This way, those suffering from mental illness can get the help they need rather than being thrown in a stressful environment like jail which would only make the matter worse.

Mental Illness in the Mississippi

Tips for Coparenting During the Holidays

Published on: November 30, 2023 | by Vic Carmody Jr., P.A.

The holiday season can be an especially stressful time for nontraditional families and blended families. When partners split up and share custody or visitation of their children, this can mean double the holiday celebrations and splitting time between many different homes. Children who grew up with divorced parents are all too familiar with this situation – two Christmases, two Thanksgivings, double the presents, hours and hours of driving back and forth, and living out of a suitcase for weeks at a time. From a parent’s perspective, the holidays can come with many additional sources of stress – more communication with their ex and coparent, bearing the financial burden of buying gifts without assistance, planning drop off and pick up times, and the additional sadness of coping with the fact that you might not have your own child at home on Christmas morning. Here are our tips for reducing the stress of coparenting during the holidays.

Plan Ahead, but Be Flexible

It can be helpful for co-parents to sit down and put together a plan for how they want things to go. This will obviously be easier if you have a good relationship with your ex, but it can still be attempted even if you do not have a good relationship. If you have a custody order that dictates how holidays should be split up, use that as your starting point for making a plan. Planning ahead will help avoid any last-minute disputes over who gets to see the child. But no matter how much you plan ahead, you’ll still have to be flexible. No plan is perfect, and unexpected things can always happen last minute, but clear communication with your ex can reduce stress and manage expectations.

Auto Thefts and Carjackings on the Rise

Published on: November 27, 2023 | by Vic Carmody Jr., P.A.

Motor vehicle thefts across 30 major cities have increased by 59% from 2019 to 2022, according to the statistics released by the Council on Criminal Justice earlier this year. CBS News reported that according to a criminologist, Dr. Richard Rosenfeld, “motor vehicle thefts had been plummeting” for decades and were on their way down, due largely in part to the fact newer technology made stealing a car more difficult. However, Dr. Rosenfeld disclosed that the downward trend quickly began reversing “right at the start” of the pandemic, and “has persisted through the end of 2022 with no sign of letting up.”

According to the Department of Justice, Bureau of Justice Statistics, motor vehicle theft is the third most common property crime in the United States. Data from the city of Chicago indicates that most citywide carjackers are young adults, but that carjackings by juveniles has more than doubled, from 18% to 41%, between 2016 and 2021. Additionally, the National Insurance Crime Bureau reported that there were more than 936,000 vehicle thefts in 2021, a 27% increase since 2019. Crime analysts like Dr. Rosenberg stress that “recent increases in property crime and carjacking require immediate action from law enforcement and policy makers.”

How Does Mississippi Define Carjacking?

Navigating Divorce: Exploring Your Options Regarding Your Home

Published on: November 23, 2023 | by Vic Carmody Jr., P.A.

Divorce is undoubtedly one of the most challenging life events one can experience. It brings forth a host of emotional, financial, and logistical decisions that can feel overwhelming. Among these, the fate of the marital home often emerges as a significant concern. Many individuals wonder whether they must sell their home during a divorce. In this blog, we will delve into this complex question and shed light on the various options available to divorcing couples.

Emotional Attachment to the Family Home

The family home often holds sentimental value, serving as a bank of memories and shared experiences. For this reason, deciding whether to sell the home can be emotionally charged. Couples must carefully assess the emotional impact of selling or keeping the home, considering factors such as children’s attachment, future living arrangements, and the potential for starting anew.

Navigating Mississippi’s Youth Court System

Published on: November 21, 2023 | by Vic Carmody Jr., P.A.

Youth Court is a specialized court system in Mississippi that deals with cases involving children and teenagers. The Youth Court system is made up of judges, prosecutors, defense attorneys, probation officers, and social workers who all work together to provide services to juveniles who have been referred to the court. In Mississippi, there are two types of Youth Court cases: delinquency cases and child protection cases.

Delinquency

Delinquency cases involve juveniles who have committed a delinquent act or a status offense. Delinquent acts are activities that would be considered a crime if they were committed by an adult. This could include things like theft, burglary, drug offenses, assault, and vandalism. In these cases, the juvenile is accused of breaking the law and is charged with a delinquent act. Status offenses are things that would not be considered a crime if committed by an adult. The most common status offenses are truancy (skipping school), underage drinking, and running away from home, but this also includes things like “disturbing the family peace” and breaking curfew.

Can AI Be Used as Evidence in Mississippi Criminal Trials?

Published on: November 16, 2023 | by Vic Carmody Jr., P.A.

Both defendants and prosecutors can call upon witnesses to testify during criminal trials – but what happens if that witness is an artificial intelligence rather than a human being? One might argue that AIs are inherently more reliable witnesses, and they are not subject to factors like bias or faulty memories. On the other hand, you might argue that AIs are fully capable of making mistakes, misinterpreting facts, and generally providing unreliable information. Whatever the case may be, prosecutors and authorities are already beginning to rely on AI for law enforcement purposes. How does this affect Mississippi residents?

The Authorities are Already Using AI to Pursue Suspects

The truth is that the use of AI in law enforcement is not a “theory” – it is already being used in states like Mississippi. There is a wide range of AI tools currently being used by law enforcement officials throughout the nation.

What is Rehabilitative Alimony?

Published on: November 13, 2023 | by Vic Carmody Jr., P.A.

Rehabilitative alimony is a type of financial support that helps one spouse become self-sufficient after a divorce. It acts as a boost to help them get back on their feet and become independent. Unlike typical forms of alimony, rehabilitative alimony is not permanent support. It is only given for a specific amount of time to give one spouse the education, training, or work experience they need to become financially independent.

When Would Someone Need to Ask for Rehabilitative Alimony?

The most common situation where someone might need rehabilitative alimony is if they were a stay-at-home parent during their marriage, and now they need to go back to school or get additional training in order to get a job and support themselves after divorce.