Mississippi Criminal Law Blog

What is the Difference Between a Blood Test and a Breathalyzer in a Mississippi DUI?
Vic Carmody Jr.

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…

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Understanding Bail in Mississippi: Your Guide to Pretrial Release
Vic Carmody Jr.

Understanding Bail and Pretrial Release in Mississippi Bail is the bond or set of conditions that lets someone accused of a crime go home before trial. Under Article 3, Section 29 of the Mississippi Constitution, most defendants have a right to reasonable bail. A few narrow exceptions apply. Bail does two jobs. It makes sure…

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How Does Mississippi Define Sexual Battery?
Vic Carmody Jr.

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…

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Potential Defense Strategies for DUI Child Endangerment in Mississippi
Vic Carmody Jr.

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…

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Simple Assault is Not So Simple in Mississippi
Vic Carmody Jr.

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…

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Potential Defenses to Fleeing or Eluding a Law Enforcement Officer in Mississippi
Vic Carmody Jr.

Defenses to Fleeing or Eluding a Law Enforcement Officer in Mississippi If you have been charged with fleeing or eluding a law enforcement officer in a motor vehicle, you face serious consequences. Even a fleeing and eluding first offense can bring jail time, and felony charges are possible. But viable defenses to this crime exist.…

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Which Convictions Take Away Your Gun Rights in Mississippi?
Vic Carmody Jr.

Which Convictions Take Away Your Gun Rights in Mississippi? In Mississippi, any felony conviction strips a person of the right to purchase, own, or possess firearms. A misdemeanor crime of domestic violence under state or federal law triggers a federal firearms ban. A range of federal felonies can block gun ownership as well. Most people…

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The Role of Expert Witnesses in DUI Defense
Vic Carmody Jr.

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 Mississippi DUI defense by providing specialized knowledge and objective analysis.…

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States Cracking Down on DUIs
Vic Carmody Jr.

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…

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What Happens if My Teenager Gets a DUI in Mississippi?
Vic Carmody Jr.

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…

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