Mississippi Lawyer Blog

The possession or sale of illegal drugs sends so many people to prison each year. America incarcerates more people than any other Western Nation. In fact, I think the statistics show that our incarceration rate in America is equal to that of countries like China, Libya, and Saudi Arabia. For a hundred years America has been fighting the drug problem. Since the 1980's the United States Government declared war on the drug problem and by that declared war on its own people. The Great War on Drugs has been a failure. There needs to be a new approach that places more focus drug treatment.

In many of the Court Districts across Mississippi they already use drug courts. I believe the statistics prove they are working. Every District needs a drug court and people charged with possession should be diverted through the program instead of being sentenced to prison. I would go so far as to say that there are many people who sell small amounts of drugs should also be sent through the drug court program. Many of the men and women who sell small amount of drugs are also heavy users and need the help. Even if you disagree, think about this from an economic standpoint. The cost of drug treatment for small sellers is going to be less over the long run than the 20-30 year sentences that I often see given to small sellers.

I am not advocating the legalization of drugs. I am suggesting the decriminalization of our laws with a focus on the health care side of the drug problem. There still needs to be law enforcement actively working in the field, but their focus needs to be entirely different. Our goal as a society should be to help people develop and focus their lives back in a socially acceptable manner. Prison is a poor alternative to the development of good behavior. Until we change our focus this country is going to lead the Western Civilized nations in failure.

Merrida Coxwell is an attorney with 29 years of legal experience helping people who are charged with crimes and who have been involved in serious accident and injury cases. Merrida has handles hundreds of criminal cases ranging from misdemeanor to serious, complex felonies.

A fundamentally fair trial and the notion that an innocent person should never go to prison are the hallmarks of our legal system. But the United States Federal Prosecutors don't want to provide full disclosure. There is a maelstrom brewing in the Federal System. It has been that way since the prosecution of Alaskan Senator Ted Stevens. If you don't remember Senator Stevens was convicted of a Federal Crime. After the trial it was revealed that the Federal prosecutors had intentionally failed to turn over to the defense lawyers information that was favorable to Senator Stevens. This evidence could have been used to show that he was not guilty of the crime charged. Senator Stevens' conviction was set aside when this new information was disclosed. The new U.S. Attorney who took over the case declined to prosecute Senator Stevens when this new information was revealed. Sadly for Senator Stevens and the Justice System, the information had been in the custody of the prosecutor. The U.S. Supreme Court has handed down decisions years ago requiring that prosecutors turn over favorable information to the accused. The case of Senator Stevens highlights the problems with the system: justice is administered by people who often feel that winning is more important that justice and fairness.

The Judicial Conference of the United States is considering adopting a measure that would make prosecutors turn over favorable information to the defense. This measure should be adopted without anymore delay. The United States Attorney is attempting to prevent the adoption of this measure. I think this should cause all of us to stop and ask why? Why should a government attorney who has an ethical duty to see that justice is done, oppose the release of evidence favorable to the defense. Why should the prosecutors be in the position to decide what information is favorable. The person in the best position to determine what is favorable is the person accused of a crime and his attorney. Leaving this decision in the hands of any prosecutor is like leaving the fox in charge of the chickens!

At least one Federal Judge has written the Judicial conference and asked for the rules to be changed so prosecutors have to turn over "all exculpatory" information to the accused. It is amazing that we should even have to discuss this issue. The Rule should already require that all favorable information be turned over to the accused. Judge Sullivan wrote that the Stevens' case presents "a real opportunity to bring attention to a problem that I believe is widespread, but often unreported or under reported." Wrongful convictions should not occur. Never. The reality is that wrongful convictions will occur no matter what we do, but we as a country should do everything we can to prevent wrongful convictions. Judge Sullivan is absolutely correct and the U.S. Attorney is absolutely wrong. The discovery rules in Federal Court must be amended to make U.S. Attorneys across the country provide to the accused any and all favorable evidence. There should be no more delay. Mistakes may happen, but we should not forget about the Senator Ted Stevens case. It was no mistake.

Coxwell & Associates is a Jackson, MS law firm with the main offices in the Capital city. The attorneys travel all over Mississippi and into other states representing people charged with criminal offenses and representing people who are been seriously injured in accidents.

On October 30th, 2009 an article appeared on our Blog describing a capital crime in Mississippi. A capital crime is any crime that carries either a life sentence or the possibility of the death sentence. Incidentally, in the Clarion Ledger on the same day there was a article on a capital murder case that went to trial Jackson County, MS. The murder took place in Moss Point, Ms. The District Attorney through an Indictment alleged that a 16 year old boy robbed and murdered a man when he stopped at a gas station. The article did not get into all of the factual details but the jury did not return a conviction of capital murder. The jury returned a verdict of murder. As I explained yesterday in the article, a person must be committing one of several crimes and cause a death to be guilty of capital murder. Simply killing someone does not subject a person to the death penalty. So in the news article the 16 year old boy was found guilty of murder which means the jury did not believe that he was committing a robbery. This young man will now be sentenced to life in the state penitentiary and he will not be eligible for parole until he was 65 years of age. In other words this 16 year old boy will not spend over 40 years in prison for something that he did which cannot be taken back and I suspect he regrets. It is very sad to witness crimes that are so senseless. The family of the man murdered and the family of this 16 year old boy are the ones who will also suffer.

This also brings up another good point that I wrote on yesterday on this Blog. The 16 year old boy will be entitled to an appeal to the Mississippi Supreme Court. The Court will review his case for factual and legal errors to make sure he his trial was conducted fairly, properly, and in accordance with the Constitution and Fundamental Fairness. Though I hear people complain about appeals, they are absolutely necessary to ensure that our system of justice remains fundamentally fair. I think we have a unique and wonderful system of justice in America. The concepts that control our system of justice are second to none. However, our system is administered by people, and as always, people will bring to the justice system bias, prejudice, and some measure of unfairness. A full and fair system of appeals is essential-no critical for any system of justice. In the past decade there have been approximately 220 people freed from prison after years of incarceration for crimes they did not commit. These men and women were freed through the use of DNA evidence. I think we have to ask ourselves as a society, how did they men and women get convicted in the first place? What led to such an egregious error in a system that is designed to have so many safeguards?

Our system of justice have safeguards yet these safeguards often fail. There are many different reasons for the failure. The studies that are being conducted in this area have shown that eye witness testimony accounts for many of the errors in the legal system. Eye witness testimony is an integral part of the justice system. We cannot ever disregard or throw out eye witness testimony yet it is probably the most unreliable testimony that is available and used in our court system. There are so many factors that can affect eye witness. Studies are highlighting these factors and the Court systems around the country have been slow to respond to the new research in spite of the errors in convictions. Over time as we discover more innocent people who were sent to prison I hope these new social studies positively affect how we operate the justice system in America and lead to new safeguards.

Merrida Coxwell is a partner at Coxwell & Associates, a law firm comprised of five lawyers who are experienced in their fields of law. Four of the attorneys handle serious accident and injury cases, criminal cases, financial fraud, and limited trial litigation. Frank Coxwell is the sole partner who handles consumer bankruptcy, debtor creditor, and other consumer issues. For a free consultation call 601.848.1600.

There are so many products on the market these days. Sadly many of these products, including prescription drugs, have been inadequately tested and put on the market in a condition that makes them unreasonably dangerous to the consumer. Recently there was an Indictment against Stryker Biotech LLC and some top of the top management for carrying on a fraudulent marketing scheme involving their bone growth products. The Justice Department brought this Indictment so I suspect we may hear more about this issue.In addition the executives were charged with making false statements to the Food and Drug Administration.

For the past eight years corporations have had the ability to promote products off-label and to sell dangerous products with very little regulation. Under the Bush Administration there was a hands off approach toward business. Apparently, the Administration must have believed if it was good for business it was good for American. This is seldom true. Many of the multi-national corporations that dump defective products on our country do not even build or construct the products in this country. Products that are unreasonably dangerous should not be place for sale to the consumer. Human life and safety should always be more important and money. I think that many corporations are only concerned with how much money they can make.

There was another instance I read about where a 80 year old woman died when her robe caught on fire and she burned to death. The robe was made of a material that was highly flammable and the company knew about this danger. Companies have known for years that clothing needs to be made from a flame retardant material. There is simply no reason to sell products that are so dangerous. If a product is so dangerous that the average person is likely to be hurt, then it does not need to be sold. At Coxwell & Associates we handle defective product cases and most other accident and injury cases. These cases can be expensive and the evidence needs to be preserved and reviewed by an expert. If you think you have been injured by any defective product call Coxwell & Associates for a free review.

A capital crime is defined by the Mississippi Legislature as any crime/offense where the maximum punishment is either life imprisonment in the State Penitentiary or the death penalty. In Mississippi the death penalty is administered by lethal injection. Examples of capital crimes are capital murder, armed robbery, kidnapping, treason, and some rapes. The jury in armed robbery cases has the option to sentence the person convicted to life imprisonment, and if the jury fails to agree, the Court can sentence the person to any sentence expected to be less than life. For example, if a person is convicted and the jury does not sentence the person to life, the Court can look at a life expectancy table, and if the person has 40 years left to live, the judge can sentence up to 39 years.

Capital crimes are some of the most difficult to handle because of the severity of the punishment. They are also referred to as "crimes against the person." Since they almost always involved violence they are cases that law enforcement devotes substantial resources to solve and prosecute. Nothing makes law enforcement and prosecutors more motivated than violent crimes. Sexual crimes against children are also considered violent crimes even if there is little or no violence as we think of that word. Crimes of violence, crimes against children, and several other types of crimes are also singled out and people convicted are not entitled to parole or early release.

Capital murder is a murder case that involves another crime. Many people do not understand that not every murder can result in the death penalty. In the legal world people often say the words "simple murder" to refer to a non-death penalty murder. An example may help explain this better. If one man just walk up and kills another it is murder and not capital murder. If a man gets mad and kills his wife it is murder, not capital murder. Murder in Mississippi carries only one sentence and that is life in the State prison. However, if a man robs someone, breaks into a house, kidnaps a person, or commits sexual battery on a child and during the course of the crime another person is killed, that is capital murder. There are about 9 crimes if I recall correctly and if someone dies while the crime is being committed, the person charged can be given the death penalty.

A Capital murder crime is unlike any other trial. Because of the irrevocable nature of the penalty, the Courts recognize that "death is different" and the person charged is afforded heightened review of the case if convicted and given the death penalty. Many people complain about how long it takes for death penalty appeals, but there is reason for the delays. If a mistake is made and the penalty imposed, there is no turning back after the man is executed. In the past decade about 212 people have been freed from death row by DNA evidence. These are people who were convicted and facing death. Had it not been for the exhaustive appeals, innocent people would have been executed.

A capital murder trial is conducted in two stages. The first stage is called the guilt or innocence stage. In this part the prosecution must prove the accused committed the crime beyond a reasonable doubt. If the jury does not find the accused guilty of the capital murder but finds the accused guilty of only murder, than he is sentenced to life and the case goes no further. If the person is convicted of capital murder, then the case goes into the sentencing phase of the trial. At this stage the prosecutor tries to convince the jury that the defendant deserves death. The prosecutor is limited to putting on what is called "aggravating factors." These factors are listed in the statutory law. The defendant is permitted to put on any testimony he wants to convince the jury that he does not deserve the death penalty. The prosecution bears the burden in the sentencing phase just like in the guilt phase of the trial. In order for the defendant to receive the death penalty, all twelve people must agree. If all twelve do not agree then the Court sentences the defendant to life.

There is no case as difficult as a death penalty case because of the seriousness of the penalty. In the past I handled approximately 18 death penalty cases. I often worked alone or with my lawyer friend, William Bill Kirksey. At Coxwell & Associates we handle serious criminal cases, drug cases, white collar, and petty or misdemeanor cases. To many people a misdemeanor case is serious. No matter what the charge, we treat the case as a serious case. If you have a criminal charge, call for a free consultation. Meet with the attorneys at Coxwell & Associates one time and you will feel the dedication of our attorneys.

Approximately seven (7) people have been charged with Medicare Fraud by the United States Government in an Indictment filed in United States District Court in Hattiesburg, Mississippi. The Indictment filed by the U.S. Government is only one side of the legal story. The men charged have were not given the opportunity to present any evidence to the Federal Grand Jury. According to the Indictment the individuals were operating clinics that provided physical medical services to Medicare patients. There is no indication from the article or Indictment how much money the men are accused of improperly billing or charging Medicare.

Our Coxwell & Associates Blog has posted an article before on white collar crime. The crime charged in this Indictment is exactly what we were describing when we wrote about white collar offenses. The Obama Administration has made medical fraud against the United States Government a high priority of the Administration. According to a recent report, Mississippi leads the nation in Hospice fraud. We may see significant federal resources devoted to medical fraud cases in the future. At Coxwell & Associates we have represent doctors and other medical providers in these types of cases. The billing codes in the medical industry can be extremely confusing and complex. It is easy to understand how mistakes could be made. In many instances the billing definitions can also be vague.

We have also had a post on this Blog before on whistle Blower Lawsuits. A Whistle Blower lawsuit is when someone with insider information of wrong-doing or fraud against the government files a special lawsuit to recover the money for the government. The Federal Government is given the right to join in the case and if it is successful and money recovered, the person who brought the lawsuit can be award a percentage of the money recovered. The national average of the money awarded is about 16%. This could have been a whistle blower lawsuit if the men have in fact been doing anything improper or illegal.

In the case the men charged are presumed innocent and we need to afford them that right. Billing is complicated in the medical field. Mistakes can be made easily. The case will go through the system like every other case. At Coxwell & Associates we represent individuals and companies charged with white collar offenses. Every person is entitled to a lawyer who zealously defends them, the same as every one should be entitled to excellent medical care. It make no difference what the charge is or who the person is that gets charged, at Coxwell & Associates if we take the case we will do nothing less than our best.

Coxwell & Associates is a law firm focusing on serious accident and injury cases, criminal cases and financial fraud. The attorneys are experienced and stay current in legal issues. If you have a legal problem call for a free consultation at 601-948-1600.

In 2007, the Mississippi Legislature made a drastic change in the law of self-defense. Known as the "Castle Doctrine", the new law reads that a homeowner is "presumed to have reasonably feared imminent death or great bodily harm, or the commission of a felony upon him or another or upon his dwelling ... or against his business or place of employment or the immediate premises of such business or place of employment, if the person against whom the defensive force was used, was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, ... business, place of employment or the immediate premises thereof or if that person had unlawfully removed or was attempting to unlawfully remove another against the other person's will from that dwelling, ... business, place of employment or the immediate premises thereof and the person who used defensive force knew or had reason to believe that the forcible entry or unlawful and forcible act was occurring or had occurred."

The law has been used to justify killing people who break into unoccupied cars which are parked on the street, people who steal from stores, and people who break into houses. I can easily understand justifying the killing of an intruder who breaks into your house. However, I find it very disturbing that I can also shoot someone who is stealing my car which is parked out on the street. That person is no threat to me or my family.

Of course, the decision to charge a person is left up to a grand jury. I am currently representing a young man on appeal who shot two men who had broken into his apartment. He was charged with murder and aggravated assault and a jury found him guilty on both counts. The trial judge did not grant him a jury instruction advising the jury about the "Castle Doctrine". We did not represent him at trial but have taken over on appeal. Hopefully we can convince an appellate court to reverse the case for the failure to give a "Castle Doctrine" instruction.

The "Castle Doctrine" has caused much confusion and uneven application in the Jackson metro area. In the end, your home is your castle unless the grand jury says otherwise.

Charles R. "Chuck" Mullins is a criminal defense lawyer practicing in the Jackson, Hinds County, Mississippi area and all over the state. If you or your loved one has been charged with a crime, call Chuck.

Mississippi is not a hugely populated state but it has its share of serious accidents. Within the past month we have had a serious burn case come into our office. In another case we had a terrible auto accident case. The young man is still in serious condition after three (3) weeks. We had a bad injury case that resulted from a defective medical product and an injury on property. If you have not suffered a serious accident in your lifetime you have been very lucky. I have had serious accidents touch my life in through family and friends.

There is no one way to handle a serious accident case. Each person is unique because he or she is a unique person who brings to the case their own types of harms and losses. There are certain legal proceedings that we use in each case, but the development of our client's damages is always done from an individual approach. In my opinion the best way to start is getting to know both the client and his/her family. Until a lawyer really knows the client and family, how can the lawyer know how to help the client. The biggest mistake I see from other lawyers is that they interview the client in order to get "the facts," and afterwards they think they know the case. Wrong. The client is the case. The case is not about a set of facts. It is about a living, breathing, changing person. A lawyer cannot interview the client and then think he knows the case. As a lawyer you never know the case, you grow into the case as you grown to know and care for the client.

This also brings me to another issue that puts me at disagreement with many lawyers and law schools. We are taught in law school to study the law and the facts and apply the law to the facts in a logical, unemotional manner. Emotions are feelings that are considered useless in law school. Only logic is important. At Coxwell & Associates we disagree with that approach. We represent people. Every part of a person's life is about emotion. In my opinion every decision, whether you want to believe it or not, is based on emotion. Modern social science work by psychologists supports me in my opinion. If you leave emotion out of your life, then you are not alive.

The attorneys at Coxwell & Associates bring their emotions to work. We believe that we need our minds and logic to understand the law in a case and plan a strategy, but need our emotions to give us passion for our clients. Without passion, the lawyer is unable to put the full weight into his argument. Boxers put their weight behind their punch. They don't just punch with their arm. Lawyers should put their weight into their arguments also, and their weight comes from their emotions and passion for the client and his/her case.

I am sure there are plenty of lawyers who would disagree with me. They would argue that emotions are unnecessary to the practice of law. These must be the lawyers who represent the big corporations, the giant industries, and other non-humans. Or if it is an attorney like me, one who helps people, then I suspect he is not giving his clients the best he has. Life is emotion. As lawyers we owe our clients out minds, experience, and our passion. Anything less, is cheating them.

Merrida Coxwell is a partner in Coxwell and Associates who handles serious injury and criminal defense. Merrida has over 29 years of experience. He is a veteran of serious, complex civil and criminal trials and appeals. His largest verdict was over 144 million. He has defended the Mayor of Jackson in a criminal case, judges, doctors, lawyers, professionals, and hundreds of working people. Merrida's joy comes from his success for his clients.

All of us have heard the range of percentage of marriages that end in divorce. And with these divorces, inevitably, there are often times minor children involved. The parties go their separate ways, either amicably or not, with an understanding of what their responsibilities will be with regard to their children. This usually includes who has primary custody, what the visitation schedule will be, child support issues, who pays for daycare, etc. Those decisions are obviously all made at or near the final judgment of divorce. And things may go along swimmingly from there on out. But more and more it seems, one parent finds the need to relocate - perhaps for the necessity of employment or possibly for the comfort of another location - but when this happens, especially when that move takes a parent to another state, all the arrangements finalized at the time of the divorce concerning those minor children become much more complicated. And in some instances, one party desires to go back to court to try to modify their agreement to reflect the change.

Once a court has ruled on a minor's support, custody, etc., that court typically maintains jurisdiction over that minor. In cases where the custodial parent goes to another state, its easy to imagine the tension that would be created. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of law designed to address custody issues that may arise in such situation. Example: John and Jane marry in Mississippi, have children and then divorce in Mississippi. A Mississippi judge orders the terms of their divorce and custody arrangements. Jane then moves to Arkansas with the children and files a Petition in a court there in order to modify the terms of her and John's custody, visitation and support. In this situation, the ability of Jane to bring such an action and the likelihood of her success would be governed by the provisions of the UCCJEA.

The attorneys at Coxwell and Associates understand the UCCJEA and can help navigate clients through what is typically an emotional and inflammatory issue. If you or a friend are facing such a situation, feel free to call Coxwell and Associates for a free initial consultation.

Bicycling has become a huge recreational activity around the State. Bike trails criss cross the Jackson metro area and many folks bike on highways such as the Natchez Trace. But bikers need to remain vigilant to vehicles on the road.

An ex-convict is charged with manslaughter in the death of a cyclist earlier this year on the Natchez Trace Parkway.

Wendell G. Blount, 58, is suspected of being high on morphine when he allegedly hit Dutch tourist Esther Hageman, 51, on April 22 while traveling in an SUV. He is being held at the Lafayette County Detention Center without bond pending a hearing today .

Hageman was killed in Chickasaw County while on a cycling tour of the South. She had worked as a journalist in The Netherlands since 1981.

Charles R. "Chuck" Mullins handles accident cases in Jackson, Hinds County, Mississippi and all over the state. If you or a loved one has been seriously injured in an accident, please call Chuck.

In this terrible economic climate many people may have to resort to bankruptcy. it may be the only solution to solve their financial problems. There are two types of bankruptcy that apply to most people. These are called Chapter 7 and Chapter 13. Chapter 7 is a liquidation plan. This allows people to discharge all of their unsecured debt and either give back secured debt or reaffirm the debt. Chapter 13 is named a Wage Earners Plan. Under the term of this bankruptcy the person re-structures their payments over a five (5) plan. There are exceptions to each of these bankruptcy plans. To learn the limitations of each the individual must consult a qualified bankruptcy attorney.

Frank Coxwell is a bankruptcy attorney who works at Coxwell & Associates. Frank is a nationally recognized speaker in the areas of bankruptcy and debtor creditor relations. If you have a bankruptcy question don't hesitate to call and ask Frank for a free consultation.

Mississippi leads the nation in the number of burn cases each year. Why is it that Mississippi seems to lead the nation in matters that are not good for our people and is last in what is good. I suspect the poverty level of our state has a lot to do with this problem. Having the highest number of burns each year is something that needs to be prevented. Last week Chuck Mullins posted a Blog article on a new case we have in the office. A man died in a rooming house from third degree burns he sustained in a shower. It is hard to imagine a shower being hot enough to cause third degree burns but from our research we have discovered it is not uncommon. Many of the fires that take place in Mississippi are caused by space heaters and other types of heaters in older homes. We need better education in Mississippi to help prevent so many deaths and injuries from fire.

Coxwell & Associates handles serious injury cases of all types across Mississippi. Our offices is located at 500 North State Street, Jackson, Mississippi. The attorneys handle accident cases, criminal defense, and fraud cases.

I recently wrote a Blog article on habitual sentences, enhanced punishments, and in that article I wrote on mandatory sentences. Mississippi has a few statutes that provide for a minimum sentence. None of those that come to my mind right now forbid the sentencing court from imposing a suspended sentence. For example, if a sentence carries a three (3) year minimum, nothing in Mississippi law would prevent the Court from imposing the 3 years suspended. The only exception I can think of right now are habitual sentences or a life sentence imposed as a result of murder. As a side note, many folks probably don't know but the offense of manslaughter has as a minimum a $200.00 dollar fine. This statute was passed years ago when people owned slaves I suppose and the Legislature wanted to give the Courts an option other than imprisoning a slave owner. It seems ridiculous now days.

On the other hand Federal law is loaded with minimum, mandatory sentences. In other words if you get convicted or plead guilty to certain federal crimes you can be assured that you will do a minimum amount of time in a Federal prison. In the case of Aggravated Identity Theft you must do 2 years mandatory and it may not be suspended. In crack cocaine cases the minimum, mandatory 5 and 10 years for minor possession has been notoriously unfair to African Americans for twenty years. There is a movement to reduce, reexamine, and curtain some of these harsh, minimum mandatory sentences. A group called Families Against Mandatory Sentences has helped. (The website is found at this address: http://www.famm.org/. I hope this gets consideration by Congress. The harshness of sentences has gone on far to long. Coxwell & Associates is a law firm comprised of experienced criminal defense and serious injury and accident attorneys dedicated to providing services based on the client's needs. For a free consultation call 601.948.1600.

Driving under the influence of alcohol or any other substance that impairs your ability to safely operate and automobile is a serious misdemeanor in Mississippi. This offense can lead to fines, jail time, and the loss of your drivers license. The third (3rd) dui in a five (5) year period is a felony. We tell clients the best way not to get a second dui is to aggressively fight your first dui.

I saw an interesting article in the news recently. A man was arrested and given a dui for operating a reclining chair that had a motor. Yes, you read that right. This man had created a motorized recliner chair and was operating it on the public roads. There was not a lot of detail in the article. I assume he was somewhere around his house. Anyway, he ran into a car and the police were called the police gave him a dui. This should illustrate a good point to you: If you have alcohol on your breath and you are in any motorized vehicle or any contraption, you are going to jail. At Coxwell & Associates we are aggressive in dui defense. We have defended hundreds of people for dui. Some of the most highly publicized dui cases in Mississippi have ended up in our office. These people came to see us for these reasons: We are aggressive, smart, practical, experienced, and honest with our clients. If you get charged with dui call Coxwell & Associates at 601.948.1600 for a free consultation.

Lawyers advertise on the Internet the same as hospitals, doctors, and just about every other business. Lawyer advertising has gone global, just like most other products and services. There are Internet savvy individuals who establish Internet sites and work all day to push those sites to the top of the Google pyramid. They then sell lawyers a place on the site. If you punch in almost any legal topic you will find dozens of generic sites that promise to refer you to a lawyer. There are of course the individual lawyer sites that will also show up. These generic sites are to me the most troubling. I often ask myself why would a person go through a generic site to obtain a lawyer. The attorney client relationship is very personal. These sites add little to good, effective lawyer messaging.

It is a mistake for a lawyer not to advertise on the Internet. So many people get their information from the Internet these days. At Coxwell & Associates we decided about two (2) years ago that we would spend our advertising dollars on our own law firm website. The companies that set up these generic websites do not help the legal advertising market. In my opinion they hurt the market. On our website we provide background information on our attorneys and enough other information that the potential client and get a good feel and understanding for the kind of person and lawyer we are. We are a Mississippi Law Firm with an office in Jackson, Hinds County, Mississippi. We travel all across Mississippi and several of our lawyers are licensed in other states. We can practice law in any state but generally we limit most of our work to Mississippi.

If you are a Mississippi resident, why would you go to a lawyer outside the state for advice? In most instances, I cannot think of a single reason for starting outside the state. There are times that we work with out of state lawyers. Some of my best lawyer friends live out of state. We became friends when we worked together in national litigation. But we sought out those lawyers after we had clients and we investigated the best way to help our clients. If you have a Mississippi legal problem, you need advice from a Mississippi lawyer. This is true whether the problem is a serious injury or a criminal problems. How can an out of state lawyer, or some person running a website, give you good, solid advice on a Mississippi problem? It just isn't possible. One of the services we provide for out clients is to help them locate a lawyer if they have a legal problem that is not handled by any of the lawyers in our office. We live in Mississippi. Our families are in Mississippi. We care about out State and we care about out clients. If you have a legal problem call a Mississippi Law firm that has over 80 years of combined legal experience. Call Coxwell & Associates, Pllc.

Drug crimes carry some very serious punishment. In Mississippi a drug sale can get a person thirty (30) years in prison even if the amount is only 1-2 grams. And even if you are not a drug seller, if you share some drugs with a friend you could be subject to thirty (30) years in prison. These harsh and ridiculous laws were passes in the 1980's when someone decided we would make "war" on our own citizens. I am not suggesting that we should legalize drugs. That is not the purpose of this Blog. I am suggesting that we need to reexamine the drug laws and consider de-criminalizing the possession of small amounts of drugs and we need drug courts in every County. There are some counties that don't want to use drug courts because the Judges think they are too much trouble. To that all I can say is the court system belongs to the people. It is paid for by the tax dollars coming from the people and the Judge's exist to help people. If they don't believe that is there job, then they need to be defeated and given some other job.

A bill has been introduced into Congress to reduce the horrible sentences handed out in Federal Court. For over twenty years the Federal Court system has been imposing harsh, mandatory minimum sentences on first offenders. Five (5) grams of crack will lead to a five (5) year sentence. Ten (10) grams would result in a ten (10) year mandatory sentence. From the 1980's onward the sentences all over the country got harsher and harsher, without anyone considering drug treatment and other alternatives for offenders. In America we incarcerate more of our citizens than any other Western Country. This needs to stop.

Coxwell & Associates is a law firm that focuses it skill on criminal cases and serious accident, product liability, and fraud cases. Our lead attorneys have 30 and 29 years experience. If you have a problem contact Coxwell & Associates at 601-948-1600.

A criminal affidavit is a sworn document that begins a prosecution against someone charging them with having committed a crime, or it can be part of a arrest/search warrant. In Mississippi a law enforcement officer is not supposed to arrest a person for a misdemeanor unless that misdemeanor was committed in the officer's presence. Recently, the term "officer's presence" has been interpreted by our Supreme Court to include information that comes to the officer through his senses. When a officer does not witness the commission of a misdemeanor, then he usually arrests on the basis of an affidavit. If a person feels someone has committed a misdemeanor against them, then they can go sign a sworn affidavit and a judge will issue an arrest warrant. After an officer brings someone in to jail for committing a crime in his presence, he will also sign an affidavit that the person committed the crime. The sworn affidavit is the "charging document" just like an Indictment is in a felony case.

If you are arrested for a misdemeanor State law allows you to obtain copies of the arrest warrant and affidavit. By reading the affidavit you can get a very good idea of what crime you have been accused of committing. In Justice Court I have see many affidavits that are so poorly written that they fail to charge a crime. Justice Court personnel are not permitted to give legal advice so if you go file an affidavit you will have to be as complete in the listing of the facts as you can.

You will also find sworn affidavits as part of search warrants. Before a house can be searched the law enforcement officer must present a sworn affidavit, also called the "Underlying Facts and Circumstances," which explains to the Judge in detail why the police officer should have the right to search the house. There must be probable cause to believe that something illegal or subject to seizure is at the house. Probable cause means a reasonable belief. Police are not permitted to go on "fishing expeditions" looking for evidence of a crime. In order to understand these terms and concepts it is often necessary to study cases that have been decided by the Court of Appeals.

At Coxwell & Associates we have experienced attorneys in both criminal trials and appeals. While many lawyers do not enjoy researching and writing briefs to Appellate Courts, our attorneys are great writers and have handled over 120 appeals. When other lawyers talk about their experience, you can actually research us and see the good work we have performed in appeals.

If you are having shortness of breath, pain in your chest, or a build up of fluid you may wish to get a medical checkup so a doctor can look for the possibility of mesothelioma. This would be especially true if you are over 50 years of age and worked in one of the fields like ship work, roofing, sprayed materials on walls, piping, contracting work, and other such fields.

Coxwell & Associates represents people who have been exposed to asbestos and who have developed cancer. Our offices are located in Jackson, Hinds County, Mississippi.

Mesothelioma cancers are usually not benign. The cancer can cover the walls of the mesothelioma and is called visceral mesothelioma. If the cancer covers the walls of the body it is called parietal mesothelioma. You may also see the terms pleural mesothelioma and peritoneal mesothelioma. The former refers to cancer around the lungs and the later is cancer in the area of the abdomen. There are other cancers of the heart and reproductive organs. Malignant mesothelioma is also called asbestos cancer, however the are other cancers associated with asbestos exposure. Exposure can also lead to lung, colon and laryngeal cancers. All of these cancers could have been avoided if companies had paid attention to the health risks. A person exposed to asbestosis may be entitled to financial compensation but many of the original companies are either out of business or in bankruptcy. A person who has had asbestosis exposure should seek immediate medical and legal attention.

Merrida Coxwell, managing partner at Coxwell & Associates can help people who have been diagnoses with asbestos cancers. Call for a free consultation at 601-948-1600.

Insurance companies deny claims as a way to make money. How many people have had a claim with an insurance company and knew they were not being treated fairly? I had one about two years ago when a man hit me from the side. It was definitely his fault. When I contacted the insurance company they denied the claim. They said it was not his fault and told me "good-bye." I immediately filed a lawsuit and within a week or two I had the cases settled and my car fixed. There was absolutely no reason for the insurance company to pay in the beginning, other than they hoped I would go away. The example I gave is one of the minor examples. The people on the Mississippi Gulf Coast have had thousands of negative experiences with the insurance industry.

A bill has been introduced into Congress that would end the anti-trust exemption for insurance companies. Since 1945 the Insurance Industry has been exempt from anti-trust laws. This has given the insurance industry an unfair advantage and discouraged permitted fair competition. It is time we end the advantage given to the insurance industry. The insurance industry is strangling us by the neck with their health care premiums. I hope this bill makes it to the President's desk. If it is signed into law we may see some positive changes in our insurance premiums.

Merrida Coxwell handles serious accident cases and criminal defense. For a free consultation call 601-948-1600.

Today the paper had more senseless violence that will end up as criminal cases going through the legal system. In one case a woman was charged as an accessory after the fact in her ex-husband's shooting. In the other case two men were killed during a robbery. I sometimes wonder if people would hesitate before they committed a crime if they knew the punishment. That is one of the big questions in the field of corrections. If punishment does not deter crime, then it serves only as punishment. Should there be a rehabilitative side of the prison system?

Shooting someone with a deadly weapon is usually charged as Aggravated Assault. Aggravated Assault carries a maximum imprisonment in the State Prison of Twenty (20) years. If a person is injured, you can generally expect the prison time to be near the maximum. If the crime is not completed or the person not seriously hurt, then the accused may not get a lengthy prison term, but he will definitely receive five (5) years probation or post release supervision.

Capital Murder is the is the highest crime you can commit in Mississippi. The maximum punishment that the jury can give is death. If the jury does not give death, they can give a sentence of life in prison without any chance of release. The men that robbed the hair salon will face Capital Murder charges. I just wonder if it is worth it? Is obtaining money, or getting revenge worth spending the remainder of your life in prison, or the death penalty. For over 29 years I have defended people charged with every type of crime. I have handled approximately 18 death penalty cases. I have had murder, robbery, strong armed robber, rape, fondling, sexual battery, pornography, false pretenses, controlled substances/drugs,bad check, embezzlement, welfare fraud, medicaid and medicare fraud, gambling, prostitution, scams, cons, and many of crimes. I have defended them all, in State and Federal Court. I have never gotten a satisfactory answer to my question: Does anyone think about the consequences of these violent crimes.

I have sympathy and empathy for people and the mistakes they make. I understand that good people make bad choices sometimes, and make mistakes. I don't have any problem helping someone charged with a crime. This is no more difficult for me than it is for the prosecutor who advocates for a conviction when he is not certain if the individual committed the crime. Our system of justice leaves it to the jury. Yet, when I look at some of the deliberate, violent crimes I just wonder why?

Merrida Coxwell is a 29 year veteran of hundreds of criminal cases. He is managing partner of Coxwell & Associates, a firm that focuses on criminal law, serious injury, and financial fraud. One member of the firm, Frank Coxwell, practices in a completely different area. Frank handles consumer bankruptcy and consumer issues. For a free consultation call the lawyers at 601-948-1600 or send an e mail.

Charles R. "Chuck" Mullins represents accident victims in the Jackson, Hinds County, Mississippi area and all over the state.

I recently began to represent the family of a young man who died as a result of 3rd degree burns he received while taking a shower. As I began to research this case, I was surprised at the number of cases nationwide where this occurs. Each year, more than 112,000 people in this country enter emergency rooms with scald burns. Scalding is caused by spills, immersion, or other contact with hot water, food and hot beverages or steam. The greatest number of scald burns occur at home in the kitchen and bathroom. Accidents in the home involving excessively hot water cause approximately 3,800 injuries and lead to about 34 fatal burn injury cases each year. Elderly people and children under the age of five are the most vulnerable to these accidents. Older adults and very young children are more susceptible to burns and scalds because their skin is thinner. But everyone is at risk. Across all age groups, tap water scald injuries are one of the leading causes of serious burn injuries.Usually, the victims are young children or the elderly. However, anyone is a potential victim. Extreme hot water can cause a person to suffer a seizure. Once this occurs, the person is vulnerable to the hot water coming out of the faucet.

Hot water can cause 3rd degree burns almost instantly. For example, 150 degree water can cause third degree burns in just one second of exposure. By contrast, it would take approximately 30 seconds of exposure to 130 degree water to suffer comparable injuries.
To reduce or eliminate the risk of most tap water scald injuries, the U.S. Consumer Product Safety Commission urges all users to lower their water heaters to 120 degrees Fahrenheit. At this temperature, it would take 8 minutes of exposure to receive second degree burns and 10 minutes for third degree burns.

Here are some other helpful tips (If you live in an apartment, rooming house, boarding house or similar structure with a landlord please be sure to ask about the water temperature in your water tank):

1.) Reduce the temperature on the water heater - 118 degrees Fahrenheit is a suitable maximum temperature for most home water use. Be sure to lower the temperature on your hot water heater, but also perform a check with a meat thermometer, as some hot water heater temperature regulators have been shown to be faulty.

2.) Purchase an anti-scald device - Anti-scald devices respond to rapid changes in water temperature, pressure or both. Head to your local hardware store for recommendations for the right anti-scald device for your home and situation.

3.) Never leave children alone in the bathtub or bathroom - Children are curious, and it can be surprisingly easy for them to turn the knobs in the bathtub or even the sink and release a stream of very hot water. Supervise children near water sources, and teach them that though the faucets may seem interesting to their developing minds, they are not toys.Remember, children have thinner and more sensitive skin than adults, so you should always take special care to keep your young ones bathwater at a comfortable temperature. Two out of three accidental injuries of young children last year involved burns. Fortunately, there are many precautions you can take to prevent your child from suffering a burn or scald injury.

If you or your loved one has been injured in a hot water scalding accident, please contact Chuck Mullins.

Defective products cause hundreds of thousands of serious injuries every year. This includes prescription drugs that have been inadequately tested or that contains inadequate warnings. At Coxwell & Associates our attorneys review and study recalls by the Food and Drug Administration and other Federal Agencies so we can properly and effectively represent our clients. This means our attorneys have to read legal news updates and attend continuing legal education courses across the country. Each year our attorneys will attend seminars put on by the American Association of Justice, a premier legal group that serves people who are injured by negligence or another person's violation of rules. We also attend conferences by the National Association of Criminal Defense Lawyers. There aren't many law firms that send their attorneys out of State as much at Coxwell & Associates do in order to provide the very best in legal education. If you have a serious injury case or a criminal problem do not hesitate to call for a free consultation.

Coxwell & Associates is a law firm that concentrates on serious accident cases of every type. The attorneys also handle state and federal criminal cases in all courts. Frank Coxwell is the only attorney in the firm who handles consumer bankruptcy and other consumer issues. For a free consultation call 501.948.1600.

Charles R. "Chuck" Mullins, a partner at Coxwell & Associates, handles accident cases in Jackson, Hinds County, Mississippi and all over the State. We've all seen vehicles being towed on the Interstates. Ever wonder what would happens when those vehicles get loose? Last Sunday night, we found out.

On October 18, 2009 Pearl Police said a vehicle lost an Astro van it was towing and it crossed the median and hit an 18-wheeler. The 18-wheeler's trailer caught fire but officials were able to put it out. The driver and his girlfriend managed to get out of the vehicle unharmed, police said.

The owner of the van that hit the 18-wheeler came back to the scene when he realized what happened, police said. The wreck is under investigation, police said.

If you or a loved one have been hurt in an accident, please call Chuck Mullins.

Enhanced criminal sentences refer to a group of laws that cause a criminal sentence to be doubled. I have previously written about habitual sentences. These occur when a person has two or more prior felony convictions and obtains a new or third charge. The third charge can fall under the habitual laws, Mississippi Code Annotated, Sections 99-19-81 & 99-19-83, as amended. Enhanced sentences can occur in one of several circumstances. As lawyers we frequently see enhanced charges arise in drug case. Under Mississippi Law if you have a drug conviction and you get arrested a second time, the prosecutor can enhance or double your sentence. So, if you are charged with possession of marijuana and your maximum sentence is 3 years, but you have a prior drug charge, then you can be subjected to 6 years.

There are other enhanced sentences that may apply in criminal cases. A person can be subjected to double punishment if they have a firearm while in possession of controlled substances (drugs). Double punishment is also allowed if someone sells, transfers, or delivers drugs within 1500 feet of a church, school, or similar place. In some cases we have seen young teenagers who are "working off" their arrests for the police ask their friends to bring a "nickle" bag of marijuana. The person working off a charge for the police will deliberately draw the person within 1500 feet of a playground or school so the police can ask the prosecutor to double the punishment.

There are other types of enhanced punishment. There is an enhanced punishment for hate crimes and enhanced punishment for multiple shoplifting and driving under the influence of alcohol. In addition to enhanced punishment, a person could be subject to an enhanced punishment and a habitual charge at the same time. For example, if a person had two prior felony charges for bad checks and sold a small amount of cocaine within 1500 feet of a school, the person could be subject to 30 years, doubled to 60 years and as a habitual.

Merrida Coxwell is an experienced criminal defense attorney with over 29 years years experience in state and federal cases. He has handled almost every type of criminal case in state and federal. Merrida has also written or participated in over 120 appeals in criminal cases. For a free consultation call 601-948-1600.

The United States Drug Enforcement Administration and other Federal Law Enforcement Agencies will no longer arrest and seek to prosecute people who are prescribed marijuana for medical use. There are approximately thirteen (13) states that allow a prescription for marijuana use to help with chronic pain and nausea. These States include California, Maryland, Michigan, Alaska, Hawaii, Rhode Island, Montana, Nevada, Oregon, Vermont, New Mexico, and Washington and Maine. Marijuana has been used for many years and has helped people who suffer chronic pain. In a way it may be better than many of the prescription drugs that are given for pain and which are highly addictive. If marijuana is an effective treatment why should a person be denied the right to use it, yet that same person could be prescribed strong drugs like Oxycontin.

In California it is legal to prescribe marijuana for pain and there are clinics that grow the marijuana. In the past under the Bush Administration the DEA and other agencies have raided and arrested clinic owners that legally grow marijuana marijuana according to California law. Most people do not realize that some crimes are both State and Federal crimes at the same time. Drugs or controlled substances is one example. If a person is arrested for drugs in any state, he could also be prosecuted by the Federal government. So, in the case of California, even though state law permitted clinics to grow marijuana, and doctors could legally prescribe marijuana, it was still a federal crime subject to prosecution.

This is a shift in policy by the new United States Attorney and one that is needed and welcome. If a state permits the medical use of marijuana, and it is legitimate, then the Federal Government has no business arresting and prosecuting either the companies or the people that use the marijuana. At Coxwell & Associates we have had to represent several different people who were from out of state and had prescriptions for medical use of marijuana. They were arrested passing through Mississippi and of course Mississippi does not recognize the medical use of marijuana. There is an extensive marijuana research facility at Mississippi State University. It is time the Federal Government put its resources on serious issues.

Coxwell & Associates is a Jackson, Hinds County, Mississippi law firm located in the heart of the Capital. The attorneys regularly handle criminal and serious civil cases in Rankin and Madison County, and across the entire State. For a free consultation call 601-948-166 or e mail one of our attorneys.

A habitual offender is a person who has previously been convicted of two (2) or more crimes and on the third crime they can be facing some serious penalties. A habitual offender is a bad thing in Mississippi in terms of punishment. In order to be charged as a habitual offender there are a few requirements. You must be:

1. Previously charged with two prior crimes, State or Federal.
2. They must be felony crimes,
3. That arose out of separate incidents at different times,
4. You must have been sentenced to one year or more for each.

An example may be the best way to illustrate this point. If a person got convicted of a bad check and received a 1 year suspended sentence, and a few years later committed a grand larceny charge and received a 3 year sentence, then on the next felony the person could be charged as a habitual. Someone who is sentenced as a "little habitual" must receive the maximum sentence allowed by law and the sentence may not be reduced in any way, nor may the person get parole or good time. So in my example above, if the same person above passed a forged check for a few hundred dollars the person could be charged under the forgery law. As a habitual offender the accussed would have to be sentenced to 15 mandatory years in prison if convicted. I have seen some very rough sentences handed out in habitual cases for crimes involving minor amounts of money.

There is another habitual law that we call the "big habitual." The same rules listed above apply, but the difference is that if one of the past crimes was a crime of violence, then no matter what the new crime is, even if it is a minor felony bad check, the person must be given life without parole. And I assure you this life without parole means life without parole. Habitual laws were passed and designed to target repeat offenders. I am not saying in some instances that the law might not have a good purpose, but I have witnessed it applied so often in a string of relatively minor property crimes or against people who have underlying drug addictions that go untreated, that the imposition of the habitual sentence is both ridiculous and cruel. It costs about $30,000.00 a year to keep a person in a state prison. If you put people away for 15 years for a string of minor felony crimes amounting to a few thousand dollars, then we are going to have a prison system with a budget that is out of line with the benefits we receive. We definitely need more community centers and work centers were a person can work off his offense and pay the victim and society back for his crime. Of course, at some point if a person continues to come through the criminal justice system and refuses to adopt to the laws, it may be necessary to impose a severe sentence, but not after two non-violent offenses.

There are other punishments in the law that can add to the habitual punishment. I will discuss those in another post. Merrida Coxwell is an experienced criminal defense and civil injury lawyer who practices throughout Mississippi and across the United States.

There was an interesting article in the Los Angeles Times today about a new law that is being tested in California. This law will provide free attorneys for people who are unable to afford an attorney in important civil matters like child custody, eviction, predatory lending and other similar cases. Currently, a person is entitled to a free attorney if he is charged with a felony or misdemeanor crime and swears under oath that he cannot afford an attorney. Many Courts require an affidavit detailing the income and expenses, including any assets like a home, automobile, saving, or retirement account before an attorney will be appointed. Courts have also been known to require the person charged with a crime to repay the cost of the attorney if there is a guilty plea or guilty verdict. A court appointed lawyer only applies in criminal cases.

Under the new California law a person may be entitled to a court appointed lawyer is a civil case. This is unique. In the South there have been organizations know as Legal Services who provided representation for the poor but for years under the Republican dominated Congress the funding for Legal Services was reduced so small that the organizations are almost extinct. In some cases a group like the American Civil Liberties Union or The Center for Justice & Democracy might take up the case for someone unable to afford counsel, but typically the issues have to be broad enough to affect many people, not just the one needing the counsel. I feel that the program passed by the California legislature is a good thing. It was supported by both Republicans and Democrats. The divide between the rich and poor is growing larger each year. There is certainly nothing wrong with providing counsel in these cases.

Merrida Coxwell is a partner in Coxwell & Associates, PLLC. He handles serious injury, criminal, and financial fraud cases. For a free consultation call 1.601.948.1600.

I was reading an article recently about the injuries a person can sustain from the seat belt when he is involved in a serious accident. There is a chance of injuries from wearing a seat belt. But, I will never forget the statistics I read ten years ago which said that one of the most frequent causes of death for men between the ages of 18 and 30 came from being thrown out of the car and sustaining a head injury. My dad was involved in two serious injuries when I was just a kid. Both times he was hit by someone who did not yield and he was wearing his seat belt. The car was totaled both times. My dad made it very clear to me that I should wear a seat belt. Just looking at his car when I was a child made a huge impact on me. Now every time I get in my car, whether going to work or just going to the grocery store, I put on the seat belt. There are no exceptions. My 15 year old son does not have that habit. He does not seem to understand the danger so every time we are in the car I have to ask him to wear his seat belt. Seat belts save lives. There may be a small chance that you could be injured by a seat belt, but there is a proportionally greater chance that if you do not wear your seat belt you will be seriously and permanently injured. I want each and every one reading this Blog to love yourself and your family so much you always click it.

Merrida Coxwell is a partner at Coxwell & Associates, a five member law firm that concentrates their talent and energy in serious personal injury, criminal defense, and financial fraud. Frank Coxwell is a partner who handles consumer bankruptcy and other consumer issues. For a free consultation with any of the lawyers call 601.948.1600.

When you are involved in an accident what are the things you need to do to protect yourself? Obviously you should seek medical help if you are injured. When you are at the hospital or doctor's office be absolutely sure you tell the medical providers every part of your body that is injured or hurting. Medical providers make a record of what you say. If you don't make known your injury or pain then it will not be recorded. This is important if the insurance company denies your claim and forces you to go to court. The defense lawyer is the lawyer representing the insurance company. The insurance lawyer will probably deny every injury or pain complaint you make, that is why it is important to have a record of your physical problems.

If you are involved in an accident with another driver or injured by another person in any way, do not speak to the insurance adjuster until you have spoken to a lawyer. The insurance adjuster is not your friend. His job is to save his company money. He saves the insurance company money by keeping your claim small. If you have serious injury then you deserve fair compensation for your harms and losses. No good can come from cooperating with the adjuster who works for the insurance company. You should never allow the insurance adjuster to have a medical release. Your medical bill should be provided by your lawyer and not obtained by the adjuster.

Lastly, keep a record of the problems you have due to your injury. Also keep of record of the medical providers who provide you treatment. If your case goes to Court your attorney will need a complete record of your medical history. There are many other things you will need to do. These are just a few important things that you need to know. If you are involved in a serious accident call us for help. We can be reached at 601.948.1600.

White Collar Crimes is a name used to refer to crimes that do not involve violence and typically have money at the center of the offense. Today in the Clarion Ledger there was an article about 6 people arrested for insider trading. Insider trading is a crime. It takes place when a person has knowledge about a business that should be kept private yet the person gives that information to his friends so they can buy or sell the stock and gain an advantage over the rest of us who have to rely on public announcements. In other words a crime takes place when someone used private information to make a profit. The FBI and other law enforcement agencies called the crime the "largest ever related to hedge funds." The people charged were secretly recorded on wire talking about their criminal schemes. One of those arrested was a billionaire. I guess it goes to show no matter how much money you have, you never think it is enough. These men and women are going to require good attorneys. The article in the paper was very specific and damaging but we owe everyone a presumption of innocence until they either plead guilty or are found guilty in open Court.

Dangerous products maim and kill men, women and children every day. Many of these deaths and injuries are avoidable. It is these avoidable injuries and deaths that make me so angry and often times anger juries. I read a story today about a young child who died in a house fire. The fire was started by a electric engine in a portable fan. I guess we could say that products sometimes get old and catch on fire, right? Well, in this instance the electric motor on the fan was produced in another company and shipped to the U.S. for installation in the fan. The company that was putting the fan together knew since 1999 that the motors in the fans had a high propensity to catch on fire! The company knew for 9 years that the fan might burn up. Where are fans used? In houses of course. So, the company knew the fans were sold for use in houses, where families lived, and knew the fans might catch on fire and result in injury and death. Does that make you mad? There is nothing wrong with creating products and making money, but when a company knows that a product is unreasonably dangerous and likely to injure the consumer, then they need to change the product. When you see a large jury verdict, you can almost always be assured that the verdict is due to a jury witnessing in Court despicable conduct by a corporation, industry, or business. Profit should never be put over the value of a human life.

This brings me to another topic. If you think for one minute that a corporation, business, or industry cares about your welfare, safety, or life, please tell the rabbit in Alice in Wonderland I said hello. Corporations do not have feeling or a soul. They exist to make money. There are some exceptions, like the Red Cross and The Salvation Army, but the majority of corporations and businesses see you as a dollar on a balance sheet and nothing more. I have said this many times before. Much of our lives are controlled by corporations, and this power is growing every year. Our Congress is more heavily influenced by the lobbyists for these companies than they are by the needs for the working American. Haven't you said this before? Do you think you could go to Washington and have the access to a Congressman that a lobbyists does? The National Chamber of Commerce is a lapdog for these huge companies that view you as a dot on a balance sheet and nothing more. Every action the Chamber takes is in the interest of these companies and against your interests and values. How many times have you seen the Chamber come out against the greed on Wall Street? How often have you heard the Chamber encourage reform? Google it, I dare you! The Chamber is a diseased organization. Every e mail the Chamber sends me is about tort reform.(deform is a better word). The Chamber wants to protect companies like the one that sells known defective fans so when they cause the death of children, the companies are not legally responsible. Is this what you want as a consumer, citizen, and human? Do you want your family, friends, and neighbors unprotected? It really is your choice.

Let's clear the air. I am an attorney. I help people who get seriously injured, who get cheated, and who have criminal problems. I care for my clients. My law practice is my life, my profession, my career, and my job. I take people who come to me with problems and I help them. Yes, I get paid. I get paid sometimes by the hour and sometimes I use a contingency contract where I get a percentage of what we win. I spend my money to win and if we lose, I lose. One time we had to spend about $291,000.00 dollars to help a client win. If we had lost, the consequences to my office and family would have been terrible. I am like a doctor or dentist. They take people who come into their office with problems. I take people who come into my office with problems. The doctor and dentist charge for their education, time, experience, skill, and dedication. I do the same. The doctor and dentist bill insurance companies. I sue insurance companies who deny valid claims and try to force people to settle for less than what the case is worth. For over 20 years the insurance industry and big business has spent millions upon millions of dollars on television ads and other ads attacking lawyers. Why? Have you ever really thought about this. I use the same consumer products you use? I feed, clothe, and try to rear my child just like everyone else. We all want the best for our family. The difference is I do not accept or tolerate an industry putting money over the value of human life and safety. If they do then I will do all within my power to make that company or industry pay for the harms and losses the housewife, child, or person suffered.

You rights are in peril. They are my rights too. It is hard to protect them alone. Especially when companies spend million in ads to spread lies-complete lies-about the legal system. I hope your child never dies in a house fire because of a known defective fan or some other product. If it happens, I would want the responsible company to pay just like someone has to pay if they commit a crime. Why should it be otherwise?

Merrida Coxwell is the managing partner of Coxwell & Associates, a law firm dedicated to protecting the civil rights of all people and helping people who are charged with criminal offenses. The attorneys of Coxwell & Associates are totally dedicated to their clients. Each attorney maintains an high standard of education and involvement in community affairs. For a free consultation call 601.948.1600 or e mail one of the attorneys. Background information on the attorneys can be obtained by viewing this website.

Financial fraud crimes are a type of white collar crime that we have written about previously. The F.B.I. and the Secret Service both have special divisions that investigate financial crimes. The Security & Exchange Commission has a division that investigates financial crimes in addition to the Attorney Generals for the U.S. and State Governments. These types of crimes are often pyramid schemes, insider trading, mortgages frauds, identity theft, and others. The punishment for these crimes at least in Federal Court is heavily dependent on the amount of money taken.

Corporations and other organizations can also be charged with crimes. Over the past 20 years we have witnessed numerous corporations charged with violating environmental laws, stock trading laws, and other similar offenses. If employees of a corporation and the corporation are both charged together in the same criminal offense they cannot use the same lawyer. This could lead to a conflict of interest for the lawyer. Who would he protect first, the person or the corporation.

Sometimes employees witness crimes being committed by corporations. If the employee does not report the crimes they could be charged with accessory to the crime or misprison of a felony. When the person does report a crime they may be entitled to payment of money under the Whistleblower Laws. We have written about these lawyers in other blogs.

Our attorneys have experience handling Whistleblower cases and we have defended hundreds of people charged with crimes. If you have a problem, call lawyers who are experienced and who care for their clients. Call 601-948-1600.

The term "white collar" crimes refers to crimes that do not involve an act of violence. In the past the words referred to crimes committed by wealthy, highly respected individuals, but nowadays there are so many different crimes the words generally refer to a non-violent crime. Examples of these crimes would be bank embezzlement, Wall Street crimes, mail fraud, bribery, kickbacks, money laundering,Internal Revenue crimes, bad check crimes, and many others. According to the United States Government the economy suffers losses in the amount of 300 billion each year due to white collar offenses.

White collar crimes can be charged by either the Federal Government or a State Government. Coxwell & Associates have represented citizens in many hundreds of white collar offenses. Each case is individual and must be investigated thoroughly. In many instances a white collar investigation will begin long before an arrest occurs. White collar crimes sometimes required extensive investigation. Before an Indictment is returned the prosecuting authorities may issue dozens of Subpoena Duces Tecums and send out many agents. In one case in Michigan the F.B.I. sent out over 70 agents in one night to question witnesses.

Our best advice is based on the rights guaranteed to you by the U.S. Constitution and the Miss. Constitution. If you are approached by law enforcement officers of any type who wants to talk with you, call us for legal advice. Both the U.S. Government and the States have laws that allow them to charge someone for making a false statement to law enforcement officers. A person could answer a question not fully understanding what was being asked or not remembering some of the facts due to the passage of time. The government could then charge the person with making a false statement even if they never charge the person for the original crime under investigation.

Coxwell & Associates is a experienced law firm handling state and federal crimes, including appeals. The firm also handles serious injury cases. Frank Coxwell is the only attorney in the firm who handles consumer bankruptcy and other debtor issues.

Dangerous consumer products account for thousands upon thousands of serious injuries every year. There are many companies that simply do not care about the safety of their products. There are others who care, but if they can make millions of dollars they are willing to "look the other way." Think a minute about all the dangerous prescription drugs that have been place on the market: Vioxx, Rezulin, the diet drugs, Baycol, the tainted blood thinners, and many more. Then there are dangerous automobiles. When I say dangerous automobiles I am talking about past vehicles that the companies' engineers knew should not be put on the market for sale to consumers, but because the drive for money was so great, the companies sold the vehicles knowing the great risk to human safety and life. If you, a family member, or a good friend are seriously injured by one of these products, what do you expect? What do you want? Do you want a legal system that fully and fairly compensates you for your harms and losses? Do you want the right to seek compensation for your damages (the legal term for your losses) from a jury, or do you think a politician is better deciding what your life, happiness and injuries are worth. Who do you trust more to make this decision? A jury or a politician, or maybe a fat-cat executive in one of the corporations who sold the dangerous product? These are real life questions that are being decided every day by lobbyists and politicians who are accepting big contributions from the corporations. They would like to be the ones who decide in advance what you deserve before you even know yourself. I don't know about you, but that is simply wrong.

The reason I remind you of this topic is because every day I get a electronic e mail from the National Chamber of Commerce. The National Chamber quit promoting businesses years ago and became the lobbyist for huge multi-national corporations. All you hear from the Chamber is tort reform, tort reform, and more tort reform. The truth is the Chamber is not interested in reform, it is interested in protectionism. Think about this for a minute: Our country is stuck in two wars that are draining us. We have a health care crises that has divided the country. The insurance industry has promoted lies in ads to scare people about health care reform for the simple reason that the insurance industry wants to keep gouging the consumer. Many of the Western Countries like the U.S. have a public option health care system and the people like it. Read it again. The people like the system. In this country we must as a people stop believing the stories, false tales, and lies from the insurance industry and other big companies that want our money but want to money their jobs overseas and abandon the American worker.

Today I read about two consumer cases. It is those two cases that caused me to write this blog. Both were concerning defective products. The first involved an automobile that had a tendency to roll-over. The jury awarded 8.5 million for the woman who lost her leg and is paralyzed in the right arm. The second case concerned lead toys sold by a major manufacturer of children's toys. People have known that lead is extremely toxic for so many years, yet a company produced lead toys and marketed them to our children-the most precious thing we and have to ensure our continued future and success. I am going to make my opinion crystal clear. If my child child is injured by one of these dangerous products, I want a jury to decide the value of his injuries. I don't want a lobbyist for one of the big companies wining and dining our Congressmen and women and deciding what my child's injuries are worth. I can promise you they won't be thinking about the best interest of my child. I don't want an artificial limit set by a politician so it benefits the insurance industry and these big companies. Leave my rights alone. Leave the rights of my child alone, and by the way, I want these big companies and their paid politicians to leave your rights alone also.

In the middle 1990's I handled a roll-over case against one of the major car manufacturers. A young man lost his life. We did everything possible to resolve the case with the company but they essentially laughed at us and pulled out every trick to beat us in Court. The jury went in favor of the family, awarding over $144 million. But before you say, "that's too much," I will tell you the case settled for a confidential amount far below that figure, but sufficient under our legal system to be fair. The case would have settled for far less than the company paid but instead of talking with us the company hired a army of attorneys to defeat us. The jury saw the justice in our case. We need a jury system free from artificial limits set by the insurance industry and big business.

If you are injured by a defective product, in an auto accident, or any other type of accident call Merrida Coxwell. Merrida focuses his skills on serious accidents and criminal defense. More information on his background can be obtained through this website.

Charles R. "Chuck" Mullins is an attorney who helps victims of accidents in Jackson, Hinds County, Mississippi and all over the state. In 2007, two people were killed when a pipeline exploded in Clark County, Mississippi. Here is a follow up on that accident.

Better pipeline testing might have prevented a 2007 propane explosion that killed two people in rural Mississippi, the National Transportation Safety Board said Wednesday.

The blast destroyed four houses near Carmichael in the central part of the state and caused $3.4 million in property damage. The explosion was caused by a large rupture in an 1,100-mile pipeline that runs from Texas to North Carolina.

Investigators weren't sure how the break occurred but said current pressure testing isn't adequate to detect such failures. The NTSB called on federal regulators to study current testing programs and consider strengthening them.

Investigators found the pipeline's owner, Houston-based Dixie Pipeline Co., had failed to include area houses in its safety awareness program. They also said the company's outreach to emergency responders did not include 911 call centers, which they said were not fully prepared to recognize the dangers from the rupture and direct people how to evacuate.
The rupture released about 430,000 gallons of liquid propane, investigators said. Along with destroying four homes, it shattered windows in others and was felt some 30 miles away in Quitman.

If you or someone you know has been seriously injured in an accident, please call Chuck Mullins.

Almost every day and each time someone comes into our office after being arrested they eventually state "the police did not read me my rights." This is said to me in such a bold way, as if I should already know and affirm that their arrest is not legal. I have to tell the clients that their arrest is not going to be thrown out just because the police officer did not read or tell them about their rights. I am of course referring to the Miranda rights. I have posted an article on this Blog previously about a person's Miranda rights. If you want a good understanding look up that article. The bottom line is this: Your Miranda rights only need to be given when you are in police custody and they want to question you. If you are not in custody the police can talk to you without telling you of your Miranda rights. And the police can arrest you without telling you about your Miranda rights. The failure of the police to tell you about your Miranda rights will not cause your arrest to be "thrown out." So, if you are arrested, don't make any statements to the police. Ask to see a lawyer. Call one of the attorneys at Coxwell & Associates. We have the knowledge and experience to protect you.

I hope you never get arrested, but if you do, knowing about the bail system in Mississippi will help you. This is going to be a brief introduction to the bail rules in Mississippi. If you have more detailed questions don't hesitate to ask. If you get arrested you are generally going to be allowed bail. There are circumstance where you could be denied release from jail. If you have committed a capital offense punishable by life or the death penalty you will probably not get bail. If you are out on bail and commit another crime, you should not be given another bail, though I have seen many situations where the Judge sets bail. Finally, if you are a threat to someone and there are not any conditions that would protect that other person, you could be denied bail. There are a few more circumstances but the purpose of this article is to discuss the typed of bail.

Once you are in jail you have the option to post a Corporate Surety Bond. This type of bond is posted through a bail bondsman. The person in jail pays 10% of the face amount of the bail and the bail bondsman put up a bond guaranteed by the insurance company. If your bail is $10,000.00 then you must pay the bondsman 10% or $1,000.00. When it is time to go to Court if you do not show up the bonding company can be required to pay the $10,000.00. A court order will be issued for your arrest and both the Sheriff and the bonding company will be looking to arrest you. People who live out of state are required to pay 15% of the face amount of the bail. So if you bail is $10,000.00, and you are from our of state, you must pay $1,500.00.

Many times the bail bonding company wants security or protection to make sure you appear in Court. They may ask a family member to sign on the bond form guaranteeing to pay if you do not appear in Court. The bond company may also require you to call in to their office every week. This is just their way of making sure you stay around and show up for Court. The bonding company has the right to get off your bond and surrender you back to the Sheriff if they don't feel secure about your appearance in Court, so it is the better practice to cooperate with your bond company. Failure to appear in Court could also lead to a contempt of Court and another charge, so if you bail out of jail keep in touch with your attorney and your bail bondsman.

If you are arrested you may be allowed to post a cash bond or a First Offender's Bond. A cash bond is a bond that you post in Municipal Court or Justice Court for the full amount of the bail. For example, if you are arrested for a misdemeanor and your bail is $600.00, you could post the full amount and be released. If you are convicted of the misdemeanor you could allow your cash bond to go toward paying your fine. But if you are charged with a felony in Circuit Court you may be allowed to post a First Offender's Bond. This bond, if approved by the Court, allows you to post 10% of the face amount with the Circuit Clerk. When the case is over you get almost all of the money back except for a very small processing fee. Many counties do not allow first offender bonds so this option is not always available.

Finally, a Property Bond is another form that may be available. A Property Bond requires that the person arrested put up a piece of real property that has a value more than the bond. An example may illustrate this point. If a person has a $100,000.00 bail, then they are going to need a piece of property that is worth more than $100,000.00, after deduction for a mortgage. So if you have a piece of property worth $200,000.00 with a $150,000.00 mortgage, your equity is only $50,000.00 and you could not use a Property Bond.

The purpose of bail and a bond is to make sure the person arrested appears in Court to answer the charge filed against them. Bail is not supposed to be a form of punishment. However, I have practiced for over 29 years. On far to many occasions I have seen very unreasonable bail amounts set. I have no doubt that bail is often set high because the person arrested did not cooperate with the police or made the police made. Remember, bail is to guarantee your appearance in Court-period.

Merrida Coxwell is an attorney who has practiced for over 29 years. He has extensive experience in criminal cases of every type and serious injury cases. The Coxwell & Associates website has many of the high profile cases handle by Mr. Coxwell, including the Mayor of Jackson's criminal case, a Judge's criminal case, and many others.

I have been writing for years promoting the idea that the legal system needs to be more open to people, not closed. For 20 years there has been a concerted effort to limit people's ability to seek justice in court for the harms and wrongs done to them. The fight has been waged with medical malpractice cases for a few obvious reasons. Doctors are given an elevated status in our society. When a person seeks treatment from a doctor and recovers, they are usually thankful. And, most people have a general practice doctor who they hold in high esteem. These are all good things, but there is no good reason to provide a different standard to doctors then we would apply to teachers, carpenters, factory workers, or business executives. Doctors, hospitals, and other medical providers owe a duty to follow the rules-it is just that simple. If they violate a safety rule, they should be responsible. These profession make extremely high incomes and they should be held accountable like the rest of us.

The insurance industry and other companies have been using the medical profession to help push what they call "tort reform" or "legal reform." There is no reform to their ideas. These industries and businesses want to deform they system for their own benefit. Why would you think these companies care about you? Insurance companies are not supporting limits on injury awards because they want to protect you: they want to make huge profit. WAKE UP. There was an article today in the Los Angeles Times advising its readers that a hospital had administered excessive doses of radiation to about 200 patients. This went on for about 18 months and the patients received 8 times more radiation than what is safe. Wow. This is a clear violation of so many safety rules. How could this happen when it involved a machine that people are required to check. Why should the patients who develop cancer or die be deprived of their day in court just so an insurance company can make huge profit and send their CEO's on lavish vacations. I strongly urge you to think about these things. It may be you one day.

Merrida Coxwell is the managing partner of Coxwell & Associates, a law firm focusing on serious personal injury, criminal defense, financial fraud, bankruptcy, and other consumer issues. For a free consultation call 601-948-1600 or e mail.

Charles R. "Chuck" Mullins handles personal injury and accident lawsuits in Jackson, Hinds County Mississippi and all over the state. One of the saddest times in a lawyer's career is when he has to handle a case involving an injured baby. Below is a story about a lawyer fighting for justice for an injured infant.

In what's believed to be the largest personal injury lawsuit verdict in the history of the Capital Region, a state Supreme Court jury in Saratoga County awarded $43.5 million Thursday to a woman who sued the former Bellevue Maternity Hospital in Niskayuna for severe brain damage she suffered during her birth in 1984.

Tiffany Busone, 24, of Schoharie County, sued the hospital for malpractice, arguing she suffered cerebral palsy as a result of a lack of oxygen and a failure to properly resuscitate her during her birth on July 15, 1984, according to people familiar with the lawsuit. She was deprived of oxygen for 10 to 15 minutes, they said.

While Busone has above-average intelligence and earned a degree from Arizona State University, she uses a wheelchair and lacks motor skills due to the brain damage, the sources said.

The lawsuit, initially filed by the woman's mother, J. Tracy Busone, dates to 1984 when the family lived in Saratoga County.

It is believed to be the largest local verdict in a personal injury case. A news release from O'Connell and Aronowitz, the Albany law firm that represented Busone, called it the top personal injury verdict "in the history of upstate New York."

The six-member jury of three men and three women unanimously handed up the verdict in a trial before state Supreme Court Justice Stephen A. Ferradino early Thursday afternoon.
The payments break down into $20 million to pay for home health aides, another $15 million for future pain and suffering, $6 million for past pain and suffering and the balance for medical expenses and loss of earnings, the law firm said.

Busone will always require the use of a wheelchair, care of home health aides and medical equipment and will never be able to work to support herself financially, the firm said.
"This is an astounding verdict," attorney Stephen Coffey, who tried the case for Busone alongside attorney Robert Harris, said in a phone interview.

"This verdict supports what she always thought ... that Bellevue didn't do what they were supposed to do," Coffey said.

Bellevue Maternity Hospital, now know as Bellevue Woman's Center, is part of Ellis Medicine, the Schenectady hospital system that runs Ellis Hospital in Schenectady.

Donna Evans, a spokeswoman for Ellis Medicine, noted Bellevue has been within the Ellis system since the fall of 2007. Ellis Medicine, she said, has "no knowledge or involvement in the events that occurred" more than 24 years ago.

"Ellis was not a party to this case," she said.

Sources close to the case said the former hospital was willing to agree to a "high-low" agreement in which it would pay $2 million maximum, if it lost the case -- or, if it prevailed, as little as $300,000.
An attorney representing defendant Bellevue could not be reached for comment.

If you or a loved one has suffered an accident please call Chuck Mullins.

Serious accidents and criminal defense throughout Mississippi and in other states are the main area of practices for the majority of attorneys at Coxwell & Associates. Four (4) of the five (5) lawyers work in those areas with the addition of some financial fraud cases. Over the past 6-7 seven years our attorneys have reduced the fraud cases because of the arbitration clauses. You can read about arbitration clauses in a post made October 12, 2009. Frank Coxwell is the sole attorney in our office that handles consumer bankruptcy, consumer related issues, and limited domestic work.

There are over 4500 federal laws and regulations. There are hundreds of state laws and regulations. Perhaps thousands. These days it is not possible for an attorney to be an expert or even proficient in every one of these areas. Of course, an attorney could always research and study on a new area, but that is not always practicable because the attorney is "reinventing the wheel" when another lawyer is already knowledgeable in the area. At Coxwell & Associates we focus our attention in a limited area of the law. This way we are able to provide the best legal services to our clients.

In the past we have handled serious injury cases, ranging from defective products, defective prescription drugs, serious auto, boat, motorcycle, and 18 wheeler accidents. Our attorneys are recognized as leaders in the field of serious injury and criminal defense. If you have a legal problem please feel free to call. A service we provide is to consult with clients and if they have a legal problem that is outside one of our areas, we can help then locate an attorney. Call 601-948-1600 or e mail one of the attorneys.

The United States is currently in a economic downturn of the worst kind. Irresponsible business practices on Wall Street and the predatory, aggressive mortgage practices that put people in mortgages they could not afford are certainly a substantial contributing factor to our economic problems. Predatory lending is a general term that is used to describe irresponsible lending practices, and can take many forms, from mortgages to consumer lending. At Coxwell & Associates we have been actively engaged in representing people who have been the victims of predatory lending. This type of legal work is very hard for several reasons. First, banks and lending institutions have lobbyists and enough money to spend to keep Legislators from passing consumer protection laws. Second, predatory lending often occurs to people in the lower income, and in my experience there is never a great rush or demand to protect or help low income people. Mississippi has traditionally been an agricultural state and in the past power was centered in the land owning class.

There was an article in the paper recently exposing a troublesome form of predatory lending. This lending practice is called reverse mortgages. The reverse mortgage is aggressively promoted to seniors, people over 62 who own a home and have substantial equity. According to the article, seniors can borrow money on their home and they are not required to pay back the money until the die or move out of their house for more than a year. The mortgages have high up from costs and high interest rates. Because no payments are made the interest quickly compounds and can take away a senior's entire equity. One example was of a senior who borrowed about $120,000 and ended up owing $610,000.00. People have the right to dispose of their property but before our seniors are subjected to aggressive reverse mortgages there should be laws to make sure they are fully informed of all the consequences. We don't need another mortgage crises.

Frank coxwell is a member of Coxwell & Associates who focuses on consumer bankruptcy and predatory lending. Frank files hundreds of bankruptcies for people each year. He is a frequent speaker on consumer issues. for a free consultation call 601-948-1600.