This is called a “diminished capacity” defense.  The argument is that you admit you broke the law, but your actions should be excused because your mental functions were impaired so much you didn’t know what you were doing was wrong (“I was so stoned I don’t remember last Wednesday, much less the Taco Bell I robbed and the bad checks I wrote.”)  Please note that diminished capacity is not a medical diagnosis; it is a legal concept.  A doctor might be able to say how impaired you might have been, but only in court will you be found to have “diminished capacity.”

But too bad, Mississippi has rejected the diminished capacity defense.  Mississippi courts have held time and again that only a true “insanity” defense offers any “mental defense” to a crime.  This is from the Mississippi Supreme Court: “[I]f a person, when sober, is capable of distinguishing between right and wrong and voluntarily intoxicates or drugs himself to the extent that he does not know or understand his actions, e.g., steals, robs, or murders, he is responsible and he may be convicted and sentenced for the crime.” Smith v. State, 445 So.2d 227, 231 (Miss.1984).

Mental issues are frequently a part of criminal cases.  Although diminished capacity is not recognized as a defense in Mississippi, there may be other ways that mental issues may be utilized in your defense.  To ensure that these issues are explored and used to their maximum effect in your case, give me a call and we’ll discuss.

If you or a family member have been arrested, or are under investigation  in the state of Mississippi and you need help,  give me a call at 601-991-1099.  If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.

Or you can e-mail me at clarence@guthriefirm.com.

There is a section of the Mississippi Code Annotated entitled the “Alcohol Boating Safety Act.” Guess what that is about?

That’s right, operating a “watercraft” (boat, jet ski, etc.) while intoxicated is illegal in Mississippi. The laws are a little bit different than the driving under the influence laws, but have the same “flavor” and intent. Obviously, most of these citations are issued by the Mississippi Department of Wildlife, Fisheries, and Parks, the law enforcement agency that has jurisdiction over Mississippi’s waterways and lakes. If you are arrested for boating with a blood-alcohol content of .10% (note the difference from DUI, which is only .08%), then the maximum punishments you face for a first offense are:

• fine of $250.00 to $1000.00, plus court costs
• imprisonment for 24 hours
• completion of a boating safety course

Like DUI, the penalties increase with each conviction.  Also like DUI, these cases are defensible.  It is worth your time to discuss your options with a qualified lawyer.

If you or a family member have been arrested for Boating while intoxicated (BUI or DUI)  in the state of Mississippi and you need help,  give me a call at 601-991-1099.  If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.

Or you can e-mail me at clarence@guthriefirm.com.

The Clarion Ledger is reporting that a woman in Southaven, MS approached another woman in her driveway last Thursday and demanded her car.  The woman quickly got her young children out of the car, and gave it up without incident.  The woman then allegedly drove the car to an RV business, where she told employees she had a gun and demanded money.  The employees did not believe the claim and restrained her until officers arrived.

Why did they not believe her?  Perhaps because she was in a bikini. Let me be the first to tell you that Mississippi does not have a dress code for committing crimes.  In the words of Martha and the Vandellas, “It doesn’t matter what you wear, just as long as you are there . . . .”

Incidentally, carjacking can be a state charge, or a federal charge.  In state court, carjacking (1st) is a crime punishable by a fine and up to 15 years.  In federal court, carjacking is punishable by up to 25 years.  These penalties can be enhanced by using a firearm in the commission of the crime.

So the next time your husband eyeballs a woman in a bikini, give him a break.  He is only checking her for concealed weapons.

If you or a family member have been arrested, or are under investigation  in the state of Mississippi on felony charges and you need help,  give me a call at 601-991-1099.  If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.

Or you can e-mail me at at clarence@guthriefirm.com.

No.

Section 63-11-39 of the Mississippi Code Annotated specifically prohibits a judge or prosecutor from reducing a charge of DUI to a lesser charge.  Some states allow this; Mississippi does not.  So for the most part DUI is an all-or-nothing proposition in Mississippi, which is why it is important that you understand all of your rights before you decide whether to fight or fold.  Call me and we’ll get you in and I’ll explain them to you.

If you or a family member have been arrested for DUI in the state of Mississippi and you need help, give me a call at 601-991-1099. If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.

Or you can e-mail me at clarence@guthriefirm.com.

In most cases, no.

The general rule is that the police may search an arrested person and the area within their immediate control.  For safety reasons, when you are arrested, the police may search you, and your wallet, purse, or anything you have with you.  If you are in your kitchen, the police can probably search the kitchen, but not your whole house.  If you are arrested in your car, the police do not need a warrant to search the passenger compartment of the car (back seat, glove box, etc.), but they may need one to search the trunk.

But if the police pull you out of a club, or arrest you in your driveway, the area is limited as to where they can search without a warrant.

If you are arrested in your front yard, the police cannot go in your house at all.  But they are very good at getting what they want.  They may try to expand the scope of a permissible search by telling you that you can “go on back in your house and get your driver’s license, or leave some food for your dog.”  At that point they can escort you into the house, and can search and seize whatever may be in plain view.  They have just vastly expanded their ability to collect evidence on you, and you thought they were doing you a favor.

Search and seizure issues are a large part of criminal law.  But did you notice how I hedged this discussion with “probably,” “may,” and “In most cases”?  As with most everything, the law is going to be dependent on the facts of your specific case, so if you have  a potential search and seizure issue in Mississippi call me at 601-991-1099.  If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.

Or you can e-mail me at clarence@guthriefirm.com.

Statute of Limitations

You may be familiar with the term “statute of limitations.”  The statute of limitations sets forth the period of time, after certain events occur, that legal proceedings based on those events must be started.  If someone hits you with their car, you have a certain amount of time to either work it out with them, or file your lawsuit.  If you wait too long, your claim can be dismissed.  The same is true in criminal law.

In Mississippi, Section 99-1-5 of the Mississippi Code Annotated (Rev. 2001) states that most, but not all, crimes must be prosecuted within two years after the crime is alleged to have been committed.  DUI falls into this group.  A misdemeanor charge of DUI must be commenced within two years of the date of offense, or the charges can be dismissed outright.

As with most laws, there are exceptions that could apply depending on the facts of your case.  If you were charged with a DUI, and some time has passed, you should discuss this fact with a lawyer to see if the statute of limitations may be a possible defense.

See Part 4 of How to beat a DUI in Mississippi.

If you or a family member have been arrested for DUI in Mississippi and you need help, give me a call at 601-991-1099. If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.

Or you can e-mail me at clarence@guthriefirm.com.

If you are accused of committing a crime in Mississippi, you will be involved with the state court system, or the federal court system.  If you are having really bad luck, they will tag-team you and you will get to experience both at the same time.  Federal courts are very different than state courts.

Your court will be at a different place, and you will be dealing with different judges, different prosecutors (the U.S. Attorney’s Office), different law enforcement agencies (think FBI, ATF, etc.), and different laws and procedures during your case.  If you are charged or being investigated by the federal government, you need a lawyer experienced in federal criminal procedure, and you must be proactive in defending your rights.

If you or a family member has been arrested, or is under investigation for a Federal Crime in the state of Mississippi and you need help, give me a call at 601-991-1099. If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.

Or you can e-mail me at give me call at clarence@guthriefirm.com.

Federal courts are organized into districts, and in Mississippi we have two, the Northern and Southern Districts.  The Northern District is organized into four divisions, and court is held in the federal courthouses in Oxford, Aberdeen, and Greenville.  The Southern District has five divisions, and court is held in the federal courthouses in Jackson, Natchez, Hattiesburg, and Gulfport.

You can be charged in federal court with any number of crimes, and I have defended most of them.  Here are a few areas that federal prosecutors and law enforcement have been focusing on lately:

• Mortgage fraud
• Bank Fraud
• Drug Crimes
• Firearms Offenses
• Internet Pornography and other Cyber Crimes
• Public Corruption and Bribery
• Tax Crimes

If you are under investigation by the federal government, or if you have already been charged with a federal offense, you need a lawyer immediately.  For more information about my federal criminal practice, please call and make an appointment.  Your initial consultation is always free.

Shortly after 10 a.m. today, a man with a red bandanna and hair net across his face entered the Citizens Bank branch in Forest, Mississippi, east of Jackson, and pointed a pistol at a teller.  The man had enough foresight to bring his own bag, and the teller filled it with money.  The man left the bank on foot, and police found the hair net on a trail in the woods behind the bank.  After running dogs through the woods, the police failed to apprehend the suspect.  They think he lives close to the bank due to his ability to slip through the area so easily.

Bank robbery has been classified as a federal crime since 1934.  It is defined as:

the taking or attempted taking of anything of value from a person or presence of another by the use of force and violence or intimidation when the property is insured by Federal Deposit Insurance Corporation and is the property of any bank, credit union or any savings and loan association that is a member bank of the Federal Reserve System or organized or operating under the laws of the United States.

I had a bank robbery case in federal court last year, and I’m likely to have another one soon.  Bank robbery is on the rise lately, according to the FBI.  These cases are always challenging.   Trying a case in federal court is very different than trying a case in state court, and the same attorney that did the closing on your house is probably not the right attorney for your case in federal court.

Federal criminal law is a specialized field that requires knowledge of federal rules of evidence, procedure, and the sentencing guidelines.  The sentences tend to be stiff, and convictions can result in imprisonment, restitution, large fines, community service, probation, and parole, among other things.  There are other nuances to federal criminal law and procedure, so if you find yourself in a tangle with the feds, give me a call before you do anything else, and we’ll get you through it.

If you or a family member have been arrested, or are under investigation for Bank Robbery in the state of Mississippi and you need help, give me a call at 601-991-1099. If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.

Or you can e-mail me at clarence@guthriefirm.com.

Got Stomach Problems?

The Intoxilyzer 8000 ( the standard breathalyzer machine in Mississippi) operates under the assumption that it is measuring air from the deepest portions of your lungs.  The mathematical algorithm the machine uses to extrapolate your blood-alcohol content (BAC) is based on this assumption.

If you have heartburn, acid reflux, or gastroesophageal reflux disease (GERD), small amounts of alcohol can be regurgitated from the stomach to the mouth – the dreaded “mouth alcohol” -  and that increases the alcohol content of the air measured by the machine.  This causes a higher, false reading of the subject BAC.  Some people only drink one thing when they eat pizza – beer.  Some people only drink one thing when they eat spicy enchiladas – cervezas.  If you have stomach issues, we will need to talk about them when we discuss your case.

For more info on how to beat a DUI in the State of Mississippi – go here.

If you or a family member has been arrested for DUI in the state of Mississippi and you need help, give me a call at 601-991-1099. If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.

Or you can e-mail me at give me call at clarence@guthriefirm.com.

Don’t drink and drive.

I said it.  I mean it.  I support it.  The best way to win your DUI case is not to have one.

But I’m not a preacher, I’m a lawyer, so enough said on that.

That said – go to Part Two of How To Beat A DUI in Mississippi.

If you or a family member have been arrested for DUI in the state of Mississippi and you need help, give me a call at 601-991-1099. If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.

Or you can e-mail me at clarence@guthriefirm.com.