Because bankruptcy law is federal law in the United States, most crimes related to bankruptcy are prosecuted in federal court. Bankruptcy is a legal process whereby a business or individual is allowed to discharge most or all of their debts due to an inability to pay. Your property is liquidated and divided among your creditors to pay your debts, and [...]
Read MoreNovember 2009
The Clarion Ledger is reporting that a former Jackson Police Department burglary detective, who was out on bail for bank robbery, was arrested today for robbing five local Jackson businesses in the past 24 hours. The detective was ten years removed from the department, as he was fired in 1999 for testing positive for cocaine use. And he [...]
Read MoreIf you are convicted of two or more crimes, either by pleading guilty or being found guilty after a trial, the court has the option of requiring you to serve the terms of imprisonment on each charge concurrently (at the same time), or consecutively (one after the other). Miss. Code Ann. § 99-19-21. For example: [...]
Read MorePerjury occurs when you deliberately lie in a legal proceeding after having taken an oath to tell the truth. Perjury requires that you lie about a “material matter,” which means it must be relevant to the case at hand. In other words, if you are on the witness stand testifying about the crime of larceny, and [...]
Read MoreThis post begins a new series on this blog. Each week I am going to feature two new crimes – a Mississippi state crime on Monday and a federal crime on Friday. I will define each crime, discuss the possible punishments, and hopefully provide some useful information. Don’t hold your breath each Monday and Friday, though; I’ve [...]
Read MoreFirst, Mississippi law defines a “juvenile,” “child,” or “youth” as a person who has not reached his or her eighteenth birthday, however a person who is married or is on active duty in the armed services before reaching eighteen is considered an adult. Miss. Code Ann § 43-21-105(d). A “delinquent act” is an act which [...]
Read MoreIt is not possible for an adult over the age of 21 to have their record cleared of a DUI conviction in Mississippi. The general misdemeanor expungement statute, Miss. Code Ann. § 99-19-71, states that any person convicted of a misdemeanor, and who is a first offender, can ask the court to expunge all public records of [...]
Read MoreI should have seen it coming. Yesterday I discussed aiding and abetting, and accessory before the fact. Naturally I was asked the completely logical question of “Is there such a thing as accessory after the fact?” Absolutely, there is. Section 97-1-5 of the Mississippi Code Annotated defines accessory after the fact, stating as follows: Every person who [...]
Read MoreIn Mississippi, “aiding and abetting” and “accessory before the fact” are how you can be charged with a crime when you didn’t even do it. If you “help” someone to commit a crime, that is, you know of someone’s plan to commit a crime, and you do something to help them commit it, you have [...]
Read MoreBack to the basics with this one. A misdemeanor is defined under Mississippi law as “a criminal offense punishable by a maximum possible sentence of confinement for one year or less, a fine, or both.” Uniform Circuit and County Court Rule 6.01. The Mississippi Legislature has defined a felony as ”any violation of law punished with death [...]
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