While every case is different, our firm can boast of a fairly high success rate in domestic violence cases.  Many times these cases can be resolved short of a conviction through counseling, court-ordered conditions, and other remedies.  Sometimes, however, the situation demands a trial.  This firm prepares every case for trial, and that allows us room to negotiate the best possible resolution with the confidence that we can go to battle if necessary.

If you’ve got a domestic violence situation in Mississippi give us a call.  We are here to help.

We were able to keep a client out of jail, and save their job, today in a Madison County court in a shoplifting case.  We were able to negotiate a nonadjudication of the charge, which means that if our client completes some conditions imposed by the court, the charge will be dismissed, and then the arrest can be expunged from their record.  Short of an out-and-out finding of not guilty, this is the best result possible.

DOES NOT HAPPEN OFTEN IN SHOPLIFTING.

This is a “low percentage” play.  What I mean by that is that it does not happen often.  If you are found guilty of shoplifting (even very minor shoplifting – think candy bars) in most Jackson metro area courts, you are looking at some time (usually a few days) in jail.  I have seen nurses, architects, doctor’s wives, and church choir directors tearfully leave courtrooms in handcuffs to do their jail time.  Judges take shoplifting seriously, and will not hesitate to show you the door to a jail cell.  This is not to say that these cases cannot be won – because they can – it is just that the stakes are high as far as the potential penalties for even the smallest infraction.

HAVING A JOB HELPS.

One thing that helped my client today: they had a job.  They have been working in the same place for ten years, and a conviction likely would have cost them their employment, and possibly their chance at retirement.  I have not yet met a judge or prosecutor in Mississippi that did not place at least some value, and take some pity, on someone who works hard.  It is far better to go into court and be able to tell a story that involves a hardworking person that made a singular bad decision, than to have to explain to the court why you are 32 years old with four children, $18K in arrears in child support, and you’ve never held a job.

LET US HELP YOU.

There is a story to be told in every criminal case, and the last chapter does not necessarily have to be written behind bars.  Let us help you tell your story.  Our clients are real people, and we make sure they don’t get lost on a docket sheet.

“Malicious mischief” sounds like something the prosecutor would charge Rumplestiltskin with, but it is actually a serious crime, with serious consequences if you are convicted.  The essence of the crime is that you have done something to someone’s property.  According to Mississippi Code Annotated § 97-17-67, you are guilty of malicious mischief if you “maliciously or mischievously destroy, disfigure, or injure, or cause to be destroyed, disfigured, or injured, any property of another, either real or personal.”  You don’t have to do it on purpose, but only with “malice,” which means you do it with an evil intent, or for the wrong purpose.

What are the penalties for malicious mischief?

The penalties for malicious mischief in Mississippi depend on the value of the property.  If the property you destroyed, disfigured, or injured is $500.00 or less, the crime is a misdemeanor punishable by a fine of up to $1000.00, or jail of up to one year, or both.  If the property is worth more than $500.00, the crime is a felony, with a fine of up to $10,000.00, or jail of up to five years, or both.  The statute also makes restitution mandatory (you will have to pay back the cost of repairing or replacing the property).

What is the difference in “malicious mischief” and plain old “vandalism”?

Sometimes legal definitions are different than what we intuitively think they are.  If you go up in someone’s driveway and paint their Mississippi State Bulldog green and gold, then you probably are guilty of malicious mischief, but you may also be thinking “vandalism.”  Mississippi actually has a vandalism statute, and it applies mainly to public property.  Specifically, the statute applies to “burial vaults, urns, memorials, vases, foundations, bases or other similar items in a cemetery, . . . any of the work, materials, or furniture of any courthouse or jail, or other public building, or schoolhouse or church, or . . . any of the walls or other parts thereof, or shall write, or make any drawings or character, or do any other act, either on or in said building or the walls thereof, or shall deface or injure the trees, fences, pavements, or soil, on the grounds belonging thereto, or an ornamental or shade tree on any public road or street leading thereto. . . .”  See Miss Code Ann. § 97-17-39.  So the main difference is that malicious mischief applies mainly to private property, and vandalism applies mainly to public property.

What should I do if charged with these crimes?

Obviously these laws apply to everyone, but our clients tend to be juveniles (surprised?).  We have had some success winning these cases, or at least getting the best possible result so that someone’s future is not affected.  Give us a call for an appointment.  We are here to help.

I have explained previously that the statute of limitations for most crimes in Mississippi – the time limit that the state has to “commence prosecution” against you – is two years.  But I also mentioned that the general statute of limitations of two years in Mississippi is riddled with exceptions.  One of those exceptions applies to bad checks.  The statute reads like this:  “ The passage of time shall never bar prosecution against any person for the offenses of . . . embezzlement, obtaining money or property under false pretenses or by fraud, . . . .”  Miss. Code Ann. § 99-1-5.  In Mississippi , a false pretense “may be either express or by implication and it may consist of any act, word, symbol, doctrine, or in some instances concealment, calculated and intended to deceive. Neece v. State, 210 So. 2d 657 (Miss. 1968).  A bad check fits within this definition.

Further, the Attorney General of Mississippi has weighed in on this with an opinion, which says “Obtaining money or property by use of bad check would be excluded from general two-year statute of limitations.” Horan, July 10, 1991, A.G. Op. #91-0469.

So a bad check that you wrote many, many years ago can come back to haunt you.  There is a statutory scheme set up in the Mississippi Code that allows the district attorney in each circuit court district to assist “complainants” (people who got the bad checks) to collect on them, and punish people in court that do not pay them, no matter how long has passed.  THIS DOES NOT MEAN that there are not other possible defenses to a bad check charge; it just means that the statute of limitations is probably not one of them.

If you need assistance come see us.  We are here to help.

What you do in the beginning of a sex offense investigation is crucial.  Don’t lose your head, and your case, before you can get a professional involved.

You will most likely not know it is coming.  You will receive a knock at your door, or a phone call, or law enforcement will appear at work.  Or it could be an investigator or case agent from DHS (Mississippi Department of Human Services).  They will tell you that “they are there to help you.”  This is a myth.  They are not.  They want a statement from you.  They can, and will, lie to you to get it.  If you are under investigation for a sexual offense in Mississippi, what you do (or refuse to do) in the beginning is critical.

If you are being investigated for a sex crime in Mississippi, here are a few suggestions:

1. DO NOT TALK.  You have the right to remain silent.  Exercise that right.  This is easier said than done.  Law enforcement officers go to school to learn the right things to say, and the right way to say them, to make you talk.  Be courteous and respectful, but politely refuse to say anything other than your name and identification, until an attorney can be present.  After you have identified yourself, demand that an attorney be present.  Say it over, and over, and over.  This will upset the police to no end, but your chances of success are infinitely better if you exercise your right to remain silent until you can consult with a lawyer.
2. DO NOT CONSENT TO ANY SEARCHES, OR ANYTHING, WITHOUT A LAWYER.  Do not consent to a search of your vehicle, of your house, your computers, cell phones, or anything.  Again, police are trained to obtain consent by using tricks, threats, or false promises.  It will be DIFFICULT, but make it clear that you do not consent to any searches.  Do not consent to give a blood, saliva, or hair sample, without first consulting with an attorney.  Do not actively resist the police, but make it clear that you do not consent to any searches.
3. DO NOT RESIST.  Never smart off or try to resist.  You will lose, and make your case worse.  If you really want to get back at them, follow number 1 and 2 above.
4. REQUEST THAT TELEPHONE CALL.  If you are taken in, be sure to follow number 1 and 2 above at all times.  You may be booked, fingerprinted, and photographed, but keep that mouth shut, and request that phone call.  Call us directly, or call a relative and get a lawyer involved immediately.  If you want one of Clarence’s cards to keep with you just call us.
5. DO NOT TALK ABOUT YOUR CASE with anyone other than your lawyer.  If you talk about your situation in the jail with other people in the cell with you, then you are stupid, plain and simple.  And do not talk about your case with your family while you are in jail.  ALL jail conversations are monitored and possibly recorded, with the exception of attorney-client communications.
6. DO NOT WAIVE YOUR PRELIMINARY HEARING.  Sometimes things can happen fast at the beginning, and you’ve waived your preliminary hearing before you know what happened.  Important information can be gathered from a preliminary hearing, so, if you have not hired an attorney yet, do so as soon as you can, so that they may take advantage of any discovery opportunities at your preliminary hearing, which may come soon in your case.
7. GET OUT AS SOON AS YOU CAN.  Post a bond, or call us to get your bond reduced.  We have professional relationships with bond agents statewide in Mississippi, and we are on call to get you out of jail as soon as possible.  It is much easier for us to prepare a defense for you (and these defenses can be complex) if you are out, rather than in.
8. DO NOT LET YOUR CHILD BE INTERVIEWED OUTSIDE OF YOUR PRESENCE.  I have taken over a few cases that began by the parents saying “just tell the officer the truth.”  It is MUCH better as a parent to say “don’t say anything until we can get a lawyer down here.”

If it sounds like I am trying to push legal services on you and try to get you to hire a lawyer, I am.  It does not have to be me, but it needs to be a lawyer that has specialized experience with sex crimes.  Sex crimes are different, complex, carry the possibility of much time in jail, and a lifetime of registration as a sex offender.  Obtaining an experienced and persistent lawyer early in the process is crucial.

We Provide a Free Consultation

Our services are very reasonable early in your case – they are free!  We provide a free in-person consultation with you or your family members to determine the direction your defense needs to go.  Contact us at 601-991-1099,  or fill out our contact form if you are looking to hire an experienced Mississippi sex crime attorney.  Our practice is statewide in Mississippi for serious sex crimes cases, and help is available 24/7.

This firm aggressively defends persons accused of abuse of a vulnerable person in Mississippi.

Caretakers of vulnerable persons are particularly in danger of accusations that they have exploited and defrauded the elderly people they care for.  All too often, well meaning family members or friends of an elderly person will be accused of abuse without significant justification.  Mississippi takes abuse of elderly and helpless people seriously, and has had a separate section of its statutes covering abuse of a vulnerable person since the 1980s.  In 2010 the “Mississippi Vulnerable Adults Act” was changed to the “Mississippi Vulnerable Persons Act” because the statute is intended to cover abuse of all persons, regardless of age.  The stated intent of this statute is to “provide for protective services for vulnerable persons in Mississippi who are abused, neglected or exploited.”  Miss. Code Ann. § 43-47-3.

Definitions:

1. Vulnerable Person – a person, whether a minor or adult, whose ability to perform the normal activities of daily living or to provide for his or her own care or protection from abuse, neglect, exploitation or improper sexual contact is impaired due to a mental, emotional, physical or developmental disability or dysfunction, or brain damage or the infirmities of aging. The term “vulnerable person” also includes all residents or patients, regardless of age, in a care facility.  Miss. Code Ann. § 43-47-5(q).
2. Abuse - a willful act, or failure to act, which contributes or results in the infliction of physical pain, injury or mental anguish on or to a vulnerable person, the unreasonable confinement of a vulnerable person, or the willful deprivation by a caretaker of services which are necessary to maintain the mental or physical health of a vulnerable person. “Abuse” also includes some forms of sexual abuse.  ”Abuse” is not normal medical treatment, or appropriate displays of affection.  It may be a single incident or a series of incidents.  Miss. Code Ann. § 43-47-5(a).
3. Neglect - either the inability of a vulnerable person who is living alone to provide for himself the food, clothing, shelter, health care or other services which are necessary to maintain his mental or physical health, or failure of a caretaker to supply the vulnerable person with the food, clothing, shelter, health care, supervision or other services which a reasonably prudent person would do to maintain the vulnerable person’s mental and physical health.  It may be a single incident or a series of incidents.  Miss. Code Ann. § 43-47-5(m).

How is this crime committed?

It is possible to get into trouble in a number of different ways:

1. If you do something, or fail to do something, which causes the “neglect, physical pain, injury, mental anguish, unreasonable confinement or deprivation of services which are necessary to maintain the mental or physical health of a vulnerable person,” you can be convicted of a misdemeanor, and can be fined up to $1000.00 or imprisoned up to one year, or both.
2. If you steal money from a vulnerable person, and the value is less than $250.00, you can be convicted of a misdemeanor, and can be fined up to $5000.00 or imprisoned up to one year, or both.  If you steal over $250.00, you face a felony and can be imprisoned up to ten years.
3. If you willfully inflict pain or cause injury to a vulnerable person, you can be convicted of felonious abuse or battery, and can be imprisoned up to twenty years.
4. Three misdemeanors within a five year period can be charged as a felony and punished by not less than one year nor more than five years in the custody of the Department of Corrections and shall be fined not less than $2,000.00 nor more than $5,000.00.
5. Certain sexual crimes (sexual battery, gratification of lust) committed by a person in a position of trust over a vulnerable person.  Miss. Code Ann. § 43-47-18.

Health Care Employees Accepting Gifts from Vulnerable Persons

There are certain reporting requirements for employees of health care facilities who receive gifts from the elderly, and vulnerable persons.  Each gift worth $25.00 or more must be reported in writing, and a failure to report can result in a misdemeanor, $500.00 fine and six months imprisonment. Miss. Code Ann. § 43-47-8.

Mississippi Elder Abuse Crimes Defense Lawyer

Clarence has defended a number of these cases.  Very often, the state’s case is built on sketchy evidence consisting of unclear financial records, accusations of jealous family members and relatives and highly suggestive interviews of elderly “victims.”  But it is a serious offense, with serious damage to your freedom, and the very least your reputation.  Find a lawyer that takes pride in their work, who strives to be the best, and who tries cases.  If we can help please give us a call.

Not too many industries can claim double-digit growth over the past few years.  The use of computers to commit unlawful acts, including cybercrimes, cyberbullying, fraud, harassment, and other crimes continues to increase exponentially year after year.  In Mississippi’s latest attempt to curb the tide of online criminal activity, on July 1, 2011 it became illegal to impersonate another “actual person” on the internet in Mississippi.

The New Law

The law, located at Miss. Code Ann. § 97-45-33, makes it a misdemeanor to “knowingly and without consent impersonate another actual person through or on an Internet website or by other electronic means for purposes of harming, intimidating, threatening or defrauding another person.”  The person must “reasonably believe . . . that the defendant was or is the person who was impersonated.”

You can commit this crime by opening up an email account or a profile on a social networking site in another person’s name, if you use that identity for illegal purposes.

The Penalties

This crime is a misdemeanor, and is punishable by a fine of between $250.00 – $1000.00 plus court costs, or by imprisonment for not  less than ten days and not more than one year, or both.

The Implications

The law is brand new, and so of course there is no case law (no interpretations of it from the court system) on it yet.  If you come to me with your “online impersonation” case, we are going to look to see if you had a First Amendment right to say what you were saying.  Also, the law doesn’t address the difference between the actual crime, and satire, parody, or just poking fun at someone.  The internet is still a whole new world, and if the authorities are going to get serious about prosecuting internet crime, then your lawyer needs to get serious about defending it.

The officer didn’t show up

It was a crowded docket, our case was called, and it turned out the officer was not present to testify in the State’s case.  Without any effort on my part whatsoever (I did have to say “Defense is ready, Your Honor”), the prosecutor unilaterally dismissed the charges.  In this case the arresting officer was no longer employed by the police department, and it would have been difficult to get him back in to testify.  So it was a banner day for my client.  A win is a win no matter how you get it.

This happens every now and then in misdemeanor cases; not so much in felonies.  Officers fail to show for any number of issues, including scheduling problems, miscues with the clerk or prosecutor’s office regarding their subpoena, or back-to-back shifts.  Or maybe, just maybe, they know that they are about to swear to God to tell the truth on the stand, and your lawyer is going to ask them about the truth, and since they know the truth “will set you free,” it is just easier to not be there.

But you can’t depend on it

This used to be one of the “classic” ways to defend a DUI.  Delay the case, delay the case, schedule it for the 4th of July, or Thanksgiving, and hope that when you finally get in there the officer fails to show.  I guess it is OK for your lawyer to have this in his “bag-o-tricks,” just make sure that this is not the only trick in his bag.  And do not be misled – the officer failing to show for trial does not automatically mean the case will be dismissed.  If your case has been scheduled on a certain date, and you and your lawyer are present and ready for trial, then your lawyer should absolutely move for a dismissal if the State cannot proceed due to its witnesses not being there.  But granting a continuance for either side is within the discretion of the judge, and it is not unusual for the State to get at least one continuance if needed, especially if the Defense has been granted one previously.

It is just so much better to have the defense case prepared to try on the day it is scheduled for trial, then when you ”luck up” and the officer is not there, and the court agrees to dismiss the charges, it is gravy.

Marijuana is a “controlled substance” in Mississippi, which means it is illegal to ”sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense” any amount of marijuana in Mississippi.  Although for the past three years a bill has been introduced in the Mississippi Legislature that would authorize doctor-recommended medical use of marijuana for patients with debilitating medical conditions, this bill has not been making it out of the Drug Policy Committee each year, and so the possession of any amount of marijuana in Mississippi remains illegal, no matter what it is for.

As I have explained on my other website, the elements of Mississippi’s drug crimes, and the punishment you receive for breaking the law, can be broken down and classified according to:

1. which controlled substance
2. how much of it
3. what you were doing with it

Misdemeanor Possession

Possession of marijuana in the amount of 30 grams (1.05821 ounce) or less is a misdemeanor under Section 41-29-139(c)(2)(A) of the Mississippi Code Annotated.  Penalties are as follows:

1. First Offense:  a fine of between $100.00 and $250.00, plus court costs
2. Second Offense (within two years):  a fine of $250.00, plus court costs, not less than five, nor more than 60 days in jail, and mandatory participation in a drug education program
3. Third Offense (within two years):  a fine of between $100.00 and $250.00, plus court costs, and not less than five, nor more than 60 days in jail.

Penalties are Enhanced if You are in a Vehicle

Section 41-29-139(c)(2)(A) enhances the penalties if you are the “operator” of a motor vehicle, and you “possess on [your] person or knowingly keep or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers” between one and thirty grams of marijuana.  By statute, the trunk of the vehicle doesn’t count, but the utitlity or glove box does.  If you are convicted of possessing this amount of marijuana in a vehicle it is still a misdemeanor, but the penalties are increased to a fine of not more than $1000.00 plus court costs and not more than 90 days in jail.

And your Driver’s License will be Suspended

Conviction under any of these statutes (not just the one having to do with a vehicle) will cause your license to be suspended for a period of six months.  I have a detailed post concerning that here: Suspension of Driver’s License for Drug Crimes in Mississippi.

Mind you, the crimes I have described about only concern amounts of 30 grams (one ounce) of marijuana or less.  Amounts more than 30 grams subject you to felony-level penalties, and could possibly lead to “possession with intent” charges.

Defenses to Possession

Your lawyer will need to look into things such as:

1. Was it yours?
2. Was it marijuana?
3. Did you know it was there?
4. Did law enforcement have probable cause to stop you, search you, arrest you?

I have an extensive section of my main website dealing with marijuana crimes in Mississippi.  If you are arrested for possession of marijuana in Mississippi and need the help of an experienced attorney give us a call.  We are here to help.

On July 1, 2011, new updates to Mississippi’s Sex Offender Registration Law went into effect.  These laws were passed earlier this year by the Mississippi Legislature.  I have posted about Mississippi’s registration requirements here, Crimes Requiring Registration as a Sex Offender, and I have some frequently-asked questions about this law posted on my main website here, Questions Regarding Mississippi’s Sexual Offender Registration Laws.

Summary of Changes

The list of sex offenses requiring registration has been expanded to include:

• Obscene Electronic Communication under Section 97-29-45 of the Mississippi Code Annotated;
• Sexual Activity Between Law Enforcement, Correctional or Custodial Personnel and Prisoners under Section 97-3-104 of the Mississippi Code Annotated;
• Condoning by the Parent, Legal Guardian, or Caretaker of Continuing Sexual Abuse of a Child under Section 97-5-39(1)(c) of the Mississippi Code Annotated.

The new law also expands the duty to register to include offenders from other states and jurisdictions who are temporarily employed or attending school in Mississippi.  In addition to registering with the Mississippi Department of Public Safety, you must register with the sheriff of every county where you are working, living, or attending school.  Offenders will also now be required to report volunteer service and unpaid internships, and virtually any type of temporary work.  Offenders must also report all:

• temporary residences
• telephone numbers
• passport and immigration document information
• professional licenses held

Any changes in registration information must be reported within three days.  The timeframe in which the initial registration duty attaches, as well as any updates, has been decreased from ten to three days.  In addition, the Mississippi Department of Public Safety is required to post all new information filed by residents online within three days of receiving any reported changes.  Mississippi’s online registration database may be found here.

New Requirements in Time of Emergency or Natural Disaster

Newly-created Section 45-33-28 of the Mississippi Code Annotated, based on post-Katrina Louisiana law, states:

(1) Notwithstanding any other provision of the law to the contrary, during a declaration of emergency, any person who has been required to register as a sex offender as provided in this chapter who enters an emergency shelter, within the first twenty-four (24) hours of admittance, shall notify the management of the facility, the sheriff of the county in which the shelter is located and the chief of police of the municipality, if the shelter is located in a municipality, of the person’s sex offender status. The sex offender shall provide his full name, date of birth, social security number, and last address of registration prior to the declaration of emergency. Within seventy-two (72) hours of receiving the notification required by the provisions of this subsection, the sheriff and chief of police shall forward that information to the department.

(2) The manager or director of the emergency shelter shall make a reasonable effort to notify the chief law enforcement officer of the county or municipality in which the shelter is located of the presence of the sex offender in the emergency shelter. No person associated with a nonprofit organization that operates an emergency shelter shall be liable for any injury or claim arising out of the failure of the manager or operator to communicate the presence of a sex offender in the shelter to the appropriate law enforcement official.

Ability to Petition for Relief From Duty to Register Extensively Revised

Although it is possible to petition for relief from the duty to register, this section of the Mississippi Code was extensively revised, and set up ”tiers” regarding the length of time that must pass before your petition will even be accepted for consideration.  The minimum time for a few offenses is 15 years, a few more is 25 years, and most offenses require lifetime registration.  You will absolutely need the assistance of a criminal lawyer to get this done if you would like to pursue it.

In my experience, the requirement to register as a sex offender is one of the most troubling aspects for my clients that are accused of sex crimes.  The registration requirements are difficult and arduous, and the penalties are stiff for failure to comply. 

If you are accused of a sex crime in Mississippi, or you are relocating to Mississippi and you need proper advice on registration requirements, give us a call.  We are here to help.