One of the first questions that a person who is accused of a sex offense usually asks is “Will I have to register as a sex offender if I’m convicted?” Under the Jacob Wetterling Act, and the Adam Walsh Child Protection and Safety Act, all states must construct registries of offenders convicted of sexually violent offenses [...]
Read MoreOctober 2009
Recently, 22 members of the Jackson State University Sonic Boom marching band were caught up in an investigation into alleged hazing of freshmen band members. Ultimately they received varying degrees of punishment from JSU depending on their level of culpability, including getting kicked out of the band, community service, fines, classes, and suspensions. These were [...]
Read MoreYes. This is called an “alibi defense.” Although an “alibi defense” is sometimes referred to as an affirmative defense, it is really just a denial that you committed the crime. But Mississippi courts have said that it must be more than just a simple denial. In order for it to be considered an alibi, the [...]
Read MoreThe Assimilative Crimes Act (18 U.S.C. § 13) is the law that allows the federal government to use state law to prosecute offenses committed on federal government land or in federally owned buildings. When a criminal offense has been committed on land or buildings that have been reserved or acquired by the federal government, and the [...]
Read MoreUnlike most driving under the influence (DUI) cases, which are prosecuted in local state courts, arrests that take place on land owned by the federal government are prosecuted in federal court. And Mississippi is blessed with a very nice expanse of federal land that stretches across our state, that being the Natchez Trace. This is not your [...]
Read MoreCommentators frequently lament the fact that Mississippi is at or near the bottom of most statistical lists when compared to other states. Guess what? We finally topped one. A recent article shows that the District Court for the Southern District of Mississippi is one of the most active federal district courts in terms of per capita white collar criminal convictions. [...]
Read MoreBig jury trial in Madison County for the past two weeks. School teacher Carla Hughes has been on trial for the murder of Avis Banks, the fiance of her lover, Keyon Pittman. There have been more twists and turns in this trial than a Grisham novel, and I have exercised my right to remain silent [...]
Read MoreBack in August, I posted about an alarming increase in female DUI arrests and convictions, based on a national study. This article in the Clarion Ledger in Jackson today confirms that Mississippi is in line with that national trend. The article shows that, according to Mississippi Department of Public Safety statistics, female DUI arrests in Mississippi have [...]
Read MoreIf I have learned one thing about jail, it is this: it is better to be out than in. Most of the time you won’t have a choice in the matter, and so when you are arrested, one of several things is going to happen: they are going to let you go; they are going to keep [...]
Read MoreIf you get convicted of a DUI (1st Offense) in Mississippi, part of the punishment is that the Mississippi Department of Public Safety is going to suspend your driver’s license for no less than 90 days, or until you complete the Mississippi Alcohol Safety Education Program, whichever is longer. Unless you refused to take a [...]
Read More
