Mississippi Criminal and Family Law Blog

Probable Cause: Because “I have a feeling” Isn’t Enough for a Police Raid

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

The 4th Amendment of the U.S. Constitution guarantees the right to be free from unreasonable searches and seizures. This means that law enforcement officers cannot simply enter your home, search your belongings, or seize your property without a valid reason. In order to conduct a search or seizure, police must have probable cause, which is defined as a reasonable belief that a crime has been, is being, or is about to be committed.

Probable cause is a fundamental principle of criminal law that protects individuals from unlawful arrests, searches, and seizures. It ensures that police officers cannot simply act on their own biases or hunches, but must have objective evidence to support their actions. Without probable cause, any evidence obtained through an illegal search or seizure would be inadmissible in court, and any charges brought against an individual would be dismissed.

In order to establish probable cause, police officers must have a sufficient basis for their belief that a crime has been, is being, or is about to be committed. This basis can come from a variety of sources, including personal observations, tips from informants, or circumstantial evidence. However, the key requirement is that the evidence must be reliable and trustworthy. A police officer cannot simply rely on a vague suspicion or a hunch to justify a search or seizure.

Am I Being Charged With a Felony or Misdemeanor?

Published on: July 19, 2023 | by Vic Carmody Jr., P.A.

When faced with criminal charges, it is sometimes hard to understand the “ins and outs” of the process and what consequences you may face. Criminal charges are either labeled a felony or a misdemeanor, and it is important to know the difference as they carry significantly different jail times and fines.

One of the key differentiating factors between felonies and misdemeanors is the severity of the offense. Felonies involve crimes that are generally more severe, posing significant threats to individuals and society. Misdemeanors, on the other hand, encompass offenses that are less severe and typically do not result in extensive jail time or long-lasting consequences.

Penalties:

Florida Man Shoots Himself—Gets Prison as a Result

Published on: July 18, 2023 | by Vic Carmody Jr., P.A.

According to Colin Kalmbacher with Law and Crime, Justin McCall was sentenced to a lengthy prison term for a series of burglaries, partly because he shot himself in the leg. Justin McCall, 28, was found guilty on multiple burglary charges by retired judge Paul A. Rasmussen. The judge sentenced the defendant to 20 years in prison on March 6, State Attorney Ginger Bowden Madden said in a Monday press release. In relation to a series of burglaries that took place between October 2022 and January 2023, McCall was charged with 13 separate crime, the state attorney’s office said.

“In addition to stealing miscellaneous items from the vehicles he burglarized, McCall stole a firearm from an unsecured vehicle,” the press release notes. “McCall then proceeded to burglarize another vehicle with the stolen firearm in hand. While rummaging through that vehicle, McCall accidentally discharged the firearm and shot himself in the leg which resulted in McCall pleading for help from the very person whose vehicle he had just burglarized.” The firearm theft that resulted in his injury was apparently not his first, law enforcement noted. At the time of his arrest for the burglaries,

McCall shot himself on Jan. 4, 2023 – he was found by OCSO deputies with a gunshot wound to the leg, the sheriff’s office said. He was then taken to a nearby hospital for treatment. The police investigation that ensued revealed that the defendant had been captured by several home video surveillance cameras breaking into vehicles in the area. “A homeowner on Zach Avenue says she discovered someone had broken into her car and taken her purse,” the OCSO said in a press release at the time of the arrest. “Later while watching a neighbor’s surveillance video, she saw McCall on camera wearing her white Sperry boots, which had been in her home’s garage.”

The Power of Silence: Your Right to Remain Silent.

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

Introduction:

When it comes to interactions with law enforcement, the average person may not fully understand the potential consequences of their words. This is where Miranda rights play a crucial role. Today, we will explore how Miranda rights affect every person who speaks with law enforcement, and we want to especially emphasize the importance of remaining silent and seeking legal counsel before speaking to the police. By understanding these rights and taking the necessary steps to protect yourself, you can safeguard your rights and potentially save yourself from an adverse legal outcome.

The Foundation of Miranda Rights:

Not Everyone Gets to Post Bail, Not Even a Highschooler

Published on: July 12, 2023 | by Vic Carmody Jr., P.A.

According to WLBT, a high school graduation party at the Mount Olive Community Center took a tragic turn when two teenagers were shot. One victim sustained gunshot wounds to the hand, arm, and leg, while the other was shot in the stomach. Although one victim has been released from the hospital, the other remains in critical condition. The immediate response from the Covington County Sheriff’s Office led to the identification of potential witnesses, who provided vital information about the suspected shooter. Based on the information provided by witnesses, Javion Carney was arrested in Collins. In addition to being charged with attempted murder, aggravated assault, and possession of a firearm by a convicted felon, Carney also faced an additional hold from the Mississippi Department of Corrections for a prior case in Gulfport. The eighteen-year-old appeared in Covington County Justice Court for his initial hearing. Judge John Laz Sanford made the crucial decision to deny Carney’s bond, considering the severity of the charges brought against him, which include attempted murder, aggravated assault, and possession of a firearm by a convicted felon. In denying the bond, the Court is saying Carney poses a continued threat to the public.

Bails & Their Denial in Mississippi

In Mississippi, the definition of “bail” is found under Miss. Code Ann. § 83-39-1. In this context, it means the use of money, property, or other security to release a defendant from custody and secure his appearance in criminal court proceedings. Bail bonds in Mississippi may not be excessive, and they may also be revoked or denied. The law governing denials is found in the Mississippi Constitution Art. 3, § 29. If someone is charged with committing any offense punishable by death or life imprisonment, they may be held without granting bail. If that person is arrested for a felony committed while on felony bail, the court revokes their bail, ordering the individual to be detained. It should be noted that “felony” under this bail statute means any offense punishable by death, life imprisonment, or imprisonment for more than five years under the laws of the jurisdiction in which the crime is committed.

Putting the Brakes on Trendy Thieves

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

TikTok No Kia’s or Hyundais on Your Block:

A viral TikTok trend exposing gaps in security has led to a surge in car thefts involving specific models of Hyundai and Kia vehicles. In response to the alarming trend, Hyundai and Kia have developed theft deterrent software and are offering it free to millions of vehicle owners. Additionally, the companies are collaborating with law enforcement agencies and providing steering wheel locks to enhance vehicle protection. This blog post delves into the impact of the TikTok security challenge, the measures taken by Hyundai and Kia, and the broader implications for car manufacturers, consumers, and car thieves.

The TikTok Challenge:

Walmart Arsonist Gets Double the Normal Sentence

Published on: July 5, 2023 | by Vic Carmody Jr., P.A.

Arson is a serious offense in Mississippi, and you can expect stiff penalties if you are convicted of this crime. But your penalties depend on various factors, including the judge’s approach to your case. Some judges act in a predictable manner, while others make decisions that seem to go against patterns set by past arson cases. Such was the case when a Walmart arsonist received double the recommended sentence in Mississippi.

But why did this arsonist receive a sentence that was so different from the recommendations of the prosecutors? What made this judge act in such an unpredictable manner? At the end of the day, this is simply the unpredictable nature of the justice system. Sometimes, things just do not turn out the way we expect them to. On the other hand, all defendants can pursue more predictable and positive results by working with qualified, experienced criminal defense attorneys in Mississippi.

Arsonist Gets 18 Years in Federal Prison for String of Targeted Walmart Attacks

The Role of Mediation in Family Law: Resolving Conflicts Amicably in Mississippi

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

Family disputes can be emotionally and financially draining, often leaving lasting scars on all parties involved. However, an alternative dispute resolution method called mediation offers a valuable opportunity to resolve conflicts amicably, particularly in the realm of family law. In this blog post, we will explore the role of mediation in family law, focusing on the specific mediation laws and practices in Mississippi.

Understanding Mediation in Family Law

Mediation is a voluntary process in which a neutral third party, known as a mediator, facilitates communication and negotiation between disputing parties. The goal of mediation is to assist individuals in reaching mutually acceptable agreements and resolving conflicts without the need for adversarial litigation.

Dogs Are Women’s Best Friend?!

Published on: June 28, 2023 | by Vic Carmody Jr., P.A.

According to WLBT, the Jones County Sheriff’s Department (JCSD) arrested a woman for having sexual intercourse with a dog. It is reported that the dog was her own “service dog”. The action was videoed and posted to social media to which a concerned citizen reported it. The woman claims that although she is paid to video her sexual intercourse, she was coerced into making the video with her dog, against her will. She was charged with unnatural intercourse and aggravated cruelty to an animal, with a $25,000 bond and ordered to stay away from animals. JCSD states they have several videos that are too graphic to share or discuss, and some were made in other counties with separate charges to follow. The dogs have been seized and under medical treatment.

What is unnatural intercourse and aggravated cruelty?

Unnatural intercourse can be defined as any sexual intercourse that is not penile-vaginal. Aggravated cruelty to animals occurs when a person with malice, intentionally tortures, mutilates, maims, burns, starves or disfigures any domesticated dog or cat.

Criminal Law in Mississippi’s State Circuit Courts: A Comprehensive Overview

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

Introduction:

When it comes to handling felony criminal prosecutions, Mississippi’s Circuit Courts play a vital role. In this blog post, we will explore the key aspects of criminal law within the state’s Circuit Courts, shedding light on their jurisdiction, appellate processes, and essential rules and procedures.

Jurisdiction and Appellate Processes: