1. DUI the Initial Stop, Part 1

    Being charged with a DUI in Mississippi is very serious and if convicted can have far reaching consequences. Accordingly, it is important to know what options and defenses are available to you as a defendant. In order to be found guilty of Driving Under the Influence the prosecution must prove that …Read More

  2. Domestic Violence Consequences Beyond the Conviction

    In our previous post we discussed Simple Assault, a related crime is that of Domestic Violence. In Mississippi Domestic Violence is an action which meets the definition of Simple Assault, but also has the element of the Simple Assault being committed against a person with whom the Defendant has a ce…Read More

  3. Simple Assault Not Always So Simple

    In Mississippi simple assault is defined as: (1) A person is guilty of simple assault if he (a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (b) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or s…Read More

  4. Constructive Possession

    Many people wonder if they can be charged with "possession of a controlled substance" if they were merely a passenger in a vehicle where such items were found.  The short answer is yes you can be.  Even when you are a passenger in a vehicle and no illegal substances or items are found on you, you …Read More

  5. Mississippi Getting Tough On DUI/DWI

    The advocacy group Mothers Against Drunk Driving (MADD) ranks the states in an annual report concerning how strict the DUI laws are in various states. MADD in determining the rankings considers a number of factors, including the amount of special training officers receive in detecting signs and beha…Read More

  6. Various Levels of a DUI Offense

    Generally speaking, Mississippi has several forms or types of DUI's or Driving Under the Influence crimes, including: DUI/DWI First Offense, this is driving while over the legal blood alcohol content level which is 0.08.  There is also what is referred to as DUI Other and is similar to alcohol rela…Read More

  7. Expunge a Felony?

    While having a conviction or plea of guilty expunged from your record is one of the great second chances provided by our criminal justice system, it is not always an available option. In Mississippi not only are misdemeanors eligible to be expunged, but some felonies are as well. However, there is a…Read More

  8. Like it Never Even Happened

    In Mississippi if you are convicted of or plead guilty to a misdemeanor there is a good chance you will have the opportunity to have that conviction expunged from your record. Having a conviction expunged from your record is essentially a reset button, it gives you the opportunity to truthfully stat…Read More

  9. Expungement

    In its most simple terms an expungement is the process by which certain convictions, guilty pleas, arrests, and records can be effectively erased and/or be hidden from the public. Having your record expunged allows you to truthfully and legally to state that you have no criminal record on most appli…Read More

  10. Possession of Paraphernalia Defined

    When dealing with possession of paraphernalia, Miss. Code Ann. § 41-29-139(d) states in pertinent part: (1) It is unlawful for a person who is not authorized by the State Board of Medical Licensure, State Board of Pharmacy, or other lawful authority to use, or to possess with intent to use, paraphe…Read More