Mississippi Criminal Defense Lawyer Blog

According to a recent study, the United States is less violent today than at any time in the last 20 years. That overall decline however doesn't mean that every state is equally peaceful, Maine was the least violent state and Louisiana the most violent according to data.

The United States Peace Index, produced by Institute for Economics and Peace, found Cambridge, Massachusetts, the most peaceful metropolitan area and Detroit far and away the most violent.

The index analyzes peacefulness at the state and city levels by comparing five indicators: the number of homicides, number of violent crimes, the incarceration rate, number of police employees and the availability of small arms.

There were improvements in all indicators from the 2011 to the 2012 index which shows improvement for the nation as a whole. The national homicide rate decreased by 3.78 percent, the violent crime rate fell 6.03 percent and the total number of state prisoners fell by 0.6 percent, all good signs.

The following states made the list behind Maine as the most safe and peaceful places to be: Vermont, New Hampshire, Minnesota, Utah, North Dakota, Washington, Hawaii, Rhode Island and Iowa. On the opposite end of the spectrum behind Louisiana are the most violent states: Tennessee, Nevada, Florida, Arizona, Missouri, Texas, Arkansas, South Carolina and Alabama.

Maine had the lowest violent crime rate and Nevada had the highest. Maine also had the least amount of residents incarcerated, with Louisiana the highest -- almost five times the rate of Maine, the index said. The disparity between the peaceful and violent states is stark according to researchers.

Mississippi also got special attention, though not for its peacefulness. Rhode Island, Massachusetts and Hawaii had the lowest levels of handgun availability. Mississippi, on the other hand, clocked in with the highest availability of small arms of any state in the nation.

Continue reading "Report: U.S. violent crime down, Mississippi has most available guns" »

Nita Saba told reporters with WREG in a recent interview that her north Mississippi neighborhood has usually been a quiet, peaceful place for most of the nine years she's lived there.

A recent series of burglaries has her worried for her safety and the safety of her belongings. "This area, it just doesn't seem like anything like that would go on here in this area."

Though a sleepy town, the fact is much has been happening. In just the last week, Panola County Sheriff Dennis Darby says burglars have broken into homes in broad daylight, while people are working. The Sheriff says that the burglars are getting into the homes any way they can and taking as many valuable items as they can carry, "Mostly guns, anything they can carry off, big enough that two people can carry off, so the suspects will be at least two or more."

The Panola County Sheriff believes the burglars are trading the valuables for drugs, and says it won't stop until neighbors get involved and start looking out for anything unusual, "We're out after 'em and will eventually catch 'em but making the public aware, that you need to get pen and paper with you, watch your neighbor's home. Be nosy."

The Sheriff says his officers will even run down tag numbers if neighbors will call them in, and help investigators get on the trail of these thieves before they hit more homes.

Right now, there's no description of the possible thieves. Sheriff Darby says anyone with any information, or who sees anything out of the ordinary should call the Panola County Sheriff's Department.

Continue reading "Burglaries in Panola County, Mississippi, have neighbors nervous" »

According to a recent article in the Clarion Ledger, more criminals are engaging in identity theft in Mississippi. According to statistics released by the Federal Trade Commission, the state jumped to 17th in the nation last year in the number of identity theft complaints per 100,000 population. According to a similar study five years ago, the state was ranked 32nd.

"Over the last few years, we have seen identity theft become a major contributor to our overall criminal caseload," said Assistant U.S. Attorney Scott Gilbert, who handles such cases. "The problem has become so widespread that several different federal agencies have made identity theft detection and investigation a top priority."

The FTC isn't alone dealing with the rise in crime; they get help from the Secret Service, the US Postal Service, the IRS and various state and local agencies all working to stamp out identity theft.

Gilbert said that in the few months in which he has been handling identity theft cases, "It is staggering to me to see just how much identity theft is occurring."

Recently in Hinds County Circuit Court, a Jackson woman pleaded guilty to using 15 credit cards she fraudulently obtained in the victim's name. The woman, known by a multitude of aliases, was sentenced to serve five years in prison and must pay $102,100.60 in restitution.

"The victim in the case was able to clean up most of her credit after much effort, but her ability to obtain a decent mortgage on her home was hindered by this defendant," Attorney General Jim Hood said.

Experts say that the ease of the crime and the economic downturn have led to increasing rates of identity theft. "One factor that I think heavily contributes is how easy it has become for people to use personally identifiable information (PII) once they obtain it," Gilbert said. "We routinely find people with boxes full of "blank" credit, debit, or stored value cards (such as gift cards), as well as the equipment to load PII onto those cards. It's also very easy to use someone's PII to obtain a loan or get a credit card by applying online. The hard part is getting the PII, the easy part is putting it to an illicit use."

Of the identity thefts in the state, about a quarter of the complaints came from the Jackson area. In the last FTC survey Jackson was not among the top 50 cities according to rates of identity theft. This year it ranks 31st.

Allen Bryant, an agent in charge of the Jackson branch of the Secret Service office, said a good rule is to check credit reports annually. A credit report is likely the first place to learn if your identity has been stolen.

Continue reading "Identity Theft on the Rise in Mississippi" »

According to an article in the DeSoto Times Tribune, a terribly unlucky employee of Schnucks was run over twice one afternoon while attempting to retrieve unpaid for items from customers of the store.

Three females brought two cartons of cigarettes and one package of toilet paper to the cashier where they were bagged and one of the women took them from the store on Goodman Road in Southaven.

When the credit card used to purchase the items was declined, one of the women still in the store said she would have to go to the car to get the items or another form of payment.

The cashier and one other employee went to the car with the two females. When they arrived at the vehicle the women told them that there were no cigarettes to be returned. The employees found the toilet paper but not the cigarettes and then turned to go alert the store manager when the women jumped into their silver Chevy Impala and began backing up.

As the women were attempting to flee the store one of the employees was hit by the car, knocking her to the ground with the vehicle running over her while in reverse. To add further injury to the poor clerk, the driver then looked back and put the vehicle in drive before again running over the employee on their way out of the parking lot.

Thankfully, the victim is stable in a local hospital, according to local Southaven police.

The crime is still under investigation and the Southaven Police are trying to identify the driver of the Impala.

"We are still investigating whether or not this was a scheme to steal the cartons of cigarettes and if determined will be looking for all three of the unknown black females involved," said Det. Mark Little in a press release. "We urge the women involved to contact the Southaven Police Department as soon as possible so that we can interview them and determine their role in this investigation."

Continue reading "Southaven, Mississippi, store clerk run over twice in one day" »

According to a recent report in the DeSoto Times Tribune, a Hernando man was charged with murder following a tragic hit and run that resulted in the death of an innocent woman.

The woman was identified as 23-year-old Sarah Jones of Memphis, Tennessee. She was struck and killed on Oak Grove Road near River Oaks and Scott Road early in the morning while riding a bicycle.

Hernando Police Chief Mike Riley said the woman's body was discovered by a passerby about 7:30 a.m. on Oak Grove Road.

The man charged with murder was identified by Riley as James Whitten Jr., 55, of Hernando. According to the police, Whitten lives less than a half mile from where the body was found. Though there is an ongoing investigation into the matter, it appears the two individuals may have been involved in a relationship. Whitten has a prior criminal record and served prison sentences over a 17-year period for various offenses including drug and weapon charges.

Murder is discussed in Mississippi Code Section 97-3-19 and the law says that:

1. The killing of a human being without the authority of law by any means or in any manner shall be murder in the following cases:
a. When done with deliberate design to effect the death of the person killed, or of any human being;
b. When done in the commission of an act eminently dangerous to others and evincing a depraved heart, regardless of human life, although without any premeditated design to effect the death of any particular individual;
c. When done without any design to effect death by any person engaged in the commission of any felony other than rape, kidnapping, burglary, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felonies;
d. When done with deliberate design to effect the death of an unborn child.

It is likely that provision (a) or (b) will apply, depending on what the investigators determine occurred the morning of the accident. Riley did not release further details about the incident, but said the woman's body had been sent to the Mississippi Crime Lab in Jackson for an autopsy. The vehicle thought to be involved was also sent to Mississippi Highway Patrol investigators in Batesville for further examination.

Continue reading "Hernando, Mississippi man charged with murder" »

A six-month-long run from the law became an "under cover" operation when fugitive Gilbert Thanh Le was found Feb. 17 under a pile of blankets in Biloxi, Miss., reports the Sun Herald of Biloxi-Gulfport.

Le, 20, was wanted on a charge of failure to appear in court on a felony charge of possession of stolen firearms. He'd been on the run since a warrant was issued for his arrest Aug. 24.

"Despite his six-month run from the law and his best efforts to avoid arrest today, Le was ultimately found hiding under a pile of blankets in another family member's bed. Now he will have a bed of his own at the Harrison County jail," said Marshals Service Supervisory Inspector Justin Vickers in the newspaper report.

Le was among 26 featured in the January 29 installment of the Sun Herald's most-wanted series. He is one of at least five taken into custody since January.

Agents with the U.S. Marshals Gulf Coast Regional Fugitive Task Force, the Jackson County Sheriff's Department and Biloxi police arrested Le, but Mississippi is one of the states that has specific legislation pertaining to Bounty Hunters, or "Bail Enforcement Agents" as they are known.

Continue reading "Mississippi Criminal Gives New Meaning to "Under Cover" Operation" »

According to a recent article in the Picayune Item, the unemployment rate in Mississippi is still hovering around 10.6 percent, compared with the national unemployment rate of 9 percent. As of October of 2011, there were 23 counties in Mississippi that reported unemployment rates equal to or less than 10.2 percent with DeSoto County only reporting a rate of 7.3 percent.

While Desoto County is "better off" than the rest of the state and the country as a whole, we are not without our problems. As a Southaven personal injury lawyer, I have personally seen the effects of a declining economy. Not only are insurance companies holding onto settlement funds longer and requiring a claimant to file suit and litigate just to get fair compensation for injuries, clients that are injured and out of work are no longer able to hold on financially--causing them to resort to filing bankruptcy much sooner than they would have in the past. It is important for a lawyer representing a client in this situation to understand what factors insurance companies are considering and work hard to timely resolve the claim at a time when the client needs the money the most.

Secondly, as a Southaven criminal defense lawyer, we are seeing a steady increase in the number of clients being charged with petty crimes, such as shoplifting. Investigation into the reason for the conduct (not excusing the crime) often relates directly back to the failing economy and the financial desperation of the client. While it is an important function of our society to punish crime and deter criminals, it is also important to have an advocate willing to fight for you if you are charged with a crime, and one that is willing to devote the time necessary to see that you are fully informed and understand your options.

Continue reading "Desoto County, MS Unemployment--Affect On Our Community?" »

Desoto County Justice Court may be even busier if Sheriff Bill Rasco's request for more funding from the legislature is approved. Specifically, the Desoto County Sheriff's Department is seeking more funding to purchase radar equipment to install in its patrol cars to curb the problem of citizens speeding in unincorporated areas of the County. Now there are only four (4) MS State Troopers that patrol Desoto County, and according to officials with the Sheriff's department, that is not enough.

Lawmakers have said that "small counties disfavor radar" because they fear that County deputies will abuse it. However, there is talk now that an exception may be made for Desoto County, and Representatives Forrest Hamilton of Olive Branch and Wanda Jennings of Southaven believe that a bill tailored directly to Desoto County may have a chance of passing the house.

It goes without saying that there are those individuals that drive recklessly and endanger the safety of us all. But are more traffic tickets really the answer? While more tickets do generate more revenue for the County, the question must be asked.... do they make us safer? Couldn't a deputy patrolling in an unincorporated area of the County without radar equipment still pull over a vehicle that was driving recklessly? Are there that many problem areas of the County that are unincorporated, and is speeding in those areas such a problem that more taxpayer money is needed to purchase radar equipment, install it in patrol cars, and train the officers to use them, etc.? These are all questions that will be debated by the legislature.

Continue reading "DeSoto County, MS Sheriff Wants Radar" »

Southaven, Olive Branch, and Hernando are attracting new families and businesses every day. In fact, Desoto County, MS has grown by more than 44% between 2000 and 2008. There are many reasons for this growth rate, some of which are as follows:

• Good Hospitals--Desoto County is home to Baptist Hospital-Desoto in Southaven, MS and there are plans to build Methodist LeBonheur Hospital in Olive Branch in 2013.

• Good Infrastructure--Desoto County is completed a portion of the I-69/269 trade corridor connecting Desoto County, MS to Tunica, MS--Mississippi's northern most gaming destination.

• Good Schools: Desoto County's public school system is not only the largest in the state, but one of the best. Families are moving to Desoto County for the quality education that our schools have to offer.

• Low Crime Rates: Desoto County has very low crime rates compared with other counties its size. In fact, Southaven, MS was named by CNN Money as its No. 6 in the top 25 places to retire and as No. 24 for the most affordable housing in the country.

Apart from all of the reasons above, Desoto County's best asset is its people. I grew up here in Desoto County, and I have lived here most of my life. While the County has expanded significantly in the time I have been here, our vision for the citizens of this county has not changed. When STROUD LAW FIRM was founded, our goal was simple--to provide quality legal services to the residents of Desoto County, MS and to stand up for the rights of every man regardless of his/her position in life. We represent those who have suffered serious injuries, we represent those who have been criminally charged and need help, and we represent those who have been deprived of liberty and have been wronged by those in power (governmental entities). In short, we speak for those who cannot speak for themselves.

Commercial Appeal, November 30, 2011

Continue reading "DeSoto County, MS -Great Place to Live and Work" »

Out of 244 arrests in DeSoto County, MS from August 8th to 14th, 46 were for DUI, or approximately 19% of all arrests in the county for that time period, according to arrest records from The DeSoto Times. As usual, DUI arrests are among the top reasons for arrest, bested only by the 47 arrests for contempt of court (also 19%). The 46 DUI arrests do not include another 14 separate counts of public drunkenness (5.7%).
Other significant arrest totals include 32 drug-related charges (13%), 17 shop-lifting arrests (7%) and 11 counts of domestic disturbance/violence (4.5%).

These arrest totals are fairly typical for a week in DeSoto County. While not out of the ordinary, it is important to not discount the effect that a DUI can have upon your driving privileges and your pocketbook. For example, a first-time DUI in Mississippi can mean $250 to $1000 in fines, up to 48 hours in jail, a suspension of your license, and mandatory attendance of the Mississippi Alcohol Safety Education Program. Repeat offenders can receive much harsher penalties.

Many times, individuals try to represent themselves in municipal court. They do so to avoid paying an attorney to represent them or they are under the false impression that the prosecutor/arresting officer will "work with them". Sadly, many end up being pressured to plead to crimes that they did not commit in lieu of chancing serving a jail sentence or paying a high fine. Even worse are situations where someone is pressured into accepting a plea deal, when the arresting officer has either left the force or continually does not show for the hearing. In situations like this, the defendant has a right to request a dismissal of the case, even though they are not told by the prosecutor/court that they have this right.

Continue reading "DUI in DeSoto County, MS--On the Rise?" »

Police charged an Olive Branch resident with driving under the influence on the night of Friday, August 12th when witnesses saw sparks flying from his vehicle, according to The Commercial Appeal. According to news reports, Jon Burns, 55, was missing a tire but continued to drive, creating a shower of sparks as he was driving through the City of Frayser. He was pulled over at Overton Crossing and Lynwood Avenue after driving erratically between lanes and coming close to causing an accident, according to the police affidavit. Officers report finding an open bottle of whiskey in the front passenger seat. Burns admitted that he had been drinking the alcohol due to a recent argument with his wife. His blood alcohol content was reported as being .156. The legal blood alcohol limit in both Tennessee and Mississippi is .08.

Continue reading "Olive Branch, MS DUI Results from Missing Tire " »

"Do you solemnly swear (or affirm) that you will well and truly try the issues between the State of Florida and the defendant and render a true verdict according to the law and the evidence, so help you God?"

--Florida Rule of Criminal Procedure 3.360, Oath of the trial juror.

Above is the oath, taken in the eyes of the law and in the eyes of God, by every juror who sat on the Casey Anthony trial, which came to a conclusion yesterday. Each swore (or affirmed) that they would render a true verdict according to the law and the evidence.

There was much outrage against our criminal justice system and against juries because of the verdict rendered by those jurors. What surprised me most is that this outrage was coming from people whom I have known to speak out about how far this country has gone away from what our founders intended. Well, there's one area where the founders' intent is firmly, even if not popularly, upheld. That is the criminal trial procedure.

The fact is, the Constitution guarantees each accused a trial by jury of his or her peers, the right to confront the witnesses against him or her, the right to representation, and it requires that the elements of the crime be proven beyond a reasonable doubt.

My opinion, based upon my study and my work, is that our criminal justice system is not designed to punish all wrongdoers. It is designed to be as sure as humanly possible that we do not punish someone who has not committed the wrong of which he or she is accused. It certainly is not perfect; people who "did it" go free sometimes, and people who didn't "do it" are sometimes convicted. If you don't think so, check out http://www.innocenceproject.org/know/Browse-Profiles.php. There are stories of wrongfully-convicted and jailed (and executed) individuals that will chill your spine.

What immediately comes to mind when I think of the outrage over the Casey Anthony trial is the Boston Massacre and my personal favorite of the founders, John Adams. Just as Casey Anthony was popularly convicted in the "court of public opinion" of a crime against humanity, so were the British soldiers who stood trial for their part in what was called the "Boston Massacre." The public wanted blood for the crimes that the soldiers were accused of. John Adams courageously, and not popularly, represented the British soldiers, as he believed they, as all who are accused, deserved a fair trial. Adams said of his representation of the soldiers: "The part I took in defense of captain Preston and the soldiers, procured me anxiety, and obloquy enough. It was, however, one of the most gallant, generous, manly and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country. Judgment of death against those soldiers would have been as foul a stain upon this country as the executions of the Quakers or witches, anciently."

I believe that our justice system, while not perfect in practice, is as close to perfect as we can get in design. Some people disagree with this, and often it is based upon the religious belief that it is unjust to let "evildoers" go free, that sinners must be punished. That seemed to be one theme that I noticed, that people were outraged at the jury verdict and believed that Casey Anthony would face true judgment later on. My response to that is simply that I believe it is hubris of worst kind to suggest that humans can exact God's divine judgment. We do not have God's wisdom to determine guilt or innocence. We do not have his capacity to discern whether to punish or to show mercy. All we have is the law.

Just as convicting the British soldiers would have stained this country, convicting Casey Anthony of First Degree Murder based upon the evidence that was presented against her would have stained our justice system. Simply put, there was no evidence linking Casey Anthony to her daughter's death which was proven beyond a reasonable doubt, and there was certainly no evidence showing that Caylee Anthony's death was premeditated. When I say "evidence," I mean testimony and exhibits in court. I don't mean the interpretation of the evidence spewed by talking heads in the media in an effort to get ratings for their television shows. Remember that jurors don't get the benefit of Nancy Grace's wisdom.

Now, we all know that a little girl lost her life. We all feel outraged that no one is "paying" for this crime. It is natural to want to place blame, but we have to be careful to put the blame where it belongs. You might consider blaming overzealous prosecutors that went after a very weak First Degree Murder charge instead of a lesser charge on which they could have probably gotten a conviction or a guilty plea. However, a guilty plea to negligent manslaughter wouldn't have gotten nearly as much press (but Casey Anthony would be in jail for the death of Caylee Anthony right now). Now, Casey Anthony can never be prosecuted on a lesser charge for the death of her daughter because of the Double Jeopardy Clause. It's easy to feel a sense of injustice about the outcome of this trial. But don't blame the jurors. The jurors took an oath. The jurors applied the law the court gave them to the facts the prosecution gave them. The jurors did their job.

A wrongful conviction, especially one on a charge where a human being could be put to death in punishment, undermines our criminal justice system, our Constitution and our entire society.

Have you applied for a job that requires a criminal background check, or a professional school that requires disclosure of arrests or convictions, or a professional license that requires both of these? If so, a criminal record can often cause significant delays, and even outright denial of these and other types applications. For first-offenders, expungment of your record is possible under Section 99-19-71 of the Mississippi Code. What is an expungement? Simply put, an expungement means that any record or evidence of the criminal charge, arrest and/or conviction is erased from all official records. In other words, when the Court enters an expungement order, it's like the arrest never happened.

The only requirements to get this type of expungement are that (1) the conviction was for a misdemeanor [other than a traffic violation]; and (2) the conviction was the person's first offense. Mississippi law has recently changed to allow expungement of certain felonies as well.

The process involves several steps, but once it is complete and a Judge enters the expungement order and it is served to the appropriate officials, your record for all practical purposes should be clean. Most importantly, by statute you may legally and truthfully say, even under oath, that you have never been convicted of the crime.

Anyone eligible for a first-offender expungement should take advantage of the benefits that the Mississippi law provides. It provides you a chance to clean up your record, fix a bad decision or a poor judgment call, and move on without worry of your record getting in the way of your life. Contact a qualified and experienced Mississippi attorney today if you or someone you know or love could benefit from a fresh start.

Good news for residents of Horn Lake, MS - Overall crime was down in 2010 compared to the previous year. According to the numbers reported in a recent Desoto Times-Tribune article, the total number of arrests and reports in Horn Lake were both down in 2010, with several categories pertaining to stealing and assault posting double digit decline rates. "In a down economy you would expect all of the categories to go up but that's not the case," said Horn Lake Police Chief Darryl Whaley. "I attribute a lot of it to good police work and I say that because I think our employees do a good job."

The Horn Lake police department concentrated on several high concentration areas for theft, and it has apparently worked. Burglaries fell by 14 percent from 143 cases in 2009 to 123 in 2010, and grand larcenies fell by 17 percent from 226 cases in 2009 to 188 in 2010. Chief Whaley also contributes part of the decrease to improved involvement by citizens and extra police patrols. Overall, the Horn Lake police made 1,861 arrests in 2010, down from 1,986 arrests in 2009. Fewer reports were also filed in 2010, down from 3,937 in 2009 to 3,248 in 2010.

We are very encouraged by the reduction in crime during these challenging economic times, and would like to thank the Horn Lake MS police department for their efforts in protecting and serving our community. Unfortunately, there are still many cases where good people get caught in very difficult situations that result in being arrested for serious mistakes or very poor judgment. If you or someone you know needs help, it is important for you to contact a qualified and experienced Mississippi Criminal Defense attorney.

According to a February 2011 article in the Desoto Times Tribune, crime in Southaven for 2010 was down from previous years. According to Southaven police chief, Tom Long, there were only 17 robberies (lowest in 20 years), 529 shoplifting incidents (compared with 639 in 2009), and a significant decrease in felony and non-felony larceny cases. Chief Long attributes the decrease to a more involved community, citing to the fact that the police department received more than 10,000 more calls in 2010 than they did in 2009. Long also attributes the decrease in crime to increased police presence in the city, indicating that citizens and business owners have noticed the extra visibility in patrol vehicles. Finally, Long admits that the decrease in shoplifting charges is also attributable to the fact that several large retailers have closed in harsh economic times.
No matter how diligent the citizens, no matter how aggressive the law enforcement agency, there will always be those who choose to commit crimes in our community. For every arrest that is warranted, the same is true that there are arrests that are unwarranted. If you have been charged with a crime (shoplifting, domestic violence, assault, disorderly conduct, failure to obey law enforcement, resisting arrest, driving under the influence (DUI), possession of marijuana or other drugs, possession of paraphernalia, or any other misdemeanor charge in Southaven), we can help. Please call for a free consultation with a Southaven criminal defense lawyer.