Mississippi Lawyer Blog

The parole laws in Mississippi have gone through several changes in the 29 years since I began practicing law. When I started in October of 1980 almost every prisoner was entitled to parole consideration after he had served 1/4 of his sentence. The Federal Bureau of Prisons also permitted parole. Sometime around the mid-80's the Federal Government abolished parole and instituted a system where an inmate could earn up to 15% good time off his sentence, but each person sent to prison had to serve at least 85% of the sentence they were given. Not long after the Federal change, Mississippi also instituted the same change. Every person sentenced to prison was required to serve 85% of their sentence. This applied to even the smallest, nonviolent offense.

The changes the Mississippi Legislature made were harsh. Very little attention was given to the human, emotional cost or the financial costs. This 85% rule went on for years until the Department of Corrections asked the Legislature for relief. The State Prison was over flowing with people who could not receive parole and who had to serve 85% of their sentence. People in the corrections field have felt that parole was a useful tool because it gave the inmates a reason to conform their behavior to the rules. Back in the early 80's I had a conversation with the parole Chairman. He related that about 80 percent of the people at the State Prison were there for nonviolent offenses and roughly 1/2 of that number were in for crimes around $1,000.00 dollars. It cost about $25,000.00 a year to cover the cost of incarceration. When you look at the cost of prison, it makes sense for us as a society to find other alternatives.

The 85% rule has remained in effect for years. Recently, the Mississippi Legislature, acting on the request of the Commissioner of Corrections, reinstated parole for many inmates. Now, inmates sentenced can receive meritorious and earned time and can be paroled after they have served at least 1/4 of their sentence. Parole is not automatic and it is not fair for any attorney to tell an inmate he will or get paroled after sentencing 1/4 of his sentence. You may get parole but it is never guaranteed. Inmates who are sentenced to prison for sex offenses, violent crimes, or enhanced crimes may not be paroled. An enhanced sentence is one where the punishment set by the Legislature can be raised due to some special circumstance. Examples of enhanced sentences are second drug offenders who can have their sentence enhanced, or doubled, or drug offenders who have possession of a weapon. These instances are called enhancement because the penalties can be doubled. Of course inmates sentenced as habitual offenders do not get parole, good time, earned time, or any form of early release. I have written an article on this Blog before describing what constitutes a habitual sentence.

Since the Legislature has allowed parole again I have noticed that the District Attorneys are offering longer sentences in their plea bargain offers. The District Attorneys are assuming that each eligible inmate will get parole so they are increasing their offers of time under the assumption that inmates will get out in 1/4the time. I am not sure this is reasonable since parole is not guaranteed and is a matter for the Parole Board and not the District Attorney. This article is a summary of the parole laws. It has not attempted to cover every aspect. For a more detailed understanding a lawyer must know all the facts and circumstances surrounding an inmate.

Merrida Coxwell is a Jackson, Hinds County lawyer who practices all over Mississippi. His practice centers around criminal defense and serious personal injury. For a consultation call 601-948-1600 or e mail merridac@coxwelllaw.com.

Serious auto accidents or any other type of accident due to someone else not following the rules is bad. I think at the Holiday Season it is worse. I have read that people can suffer from depression during the Holidays. This may be true but I believe for the majority of people the Holidays are the best part of the year because it is the time when we are together with friends and family. It would be wonderful if we could be as joyous and happy all year round, but work and life's problems sometimes interferes and "throws us a curve." But when the Holidays come people make that extra effort to put aside problems to enjoy family and friends.

I read in the paper this morning that there had not been a single auto fatality so far during the Thanksgiving Holiday. Wonderful! Let's knock on wood, cross our fingers, carry an extra rabbit's foot, and be extra careful. At Coxwell & Associates we focus our time, energy and attention of helping people who are seriously injured or who have been charged with a criminal violation. We have obtained verdicts and settlements of approximately 300 million dollars for our clients. It is what we do. The legal system cannot transport an injured person back in time before the injury. The legal system can only provide compensation for the harms and losses a person suffers.

I don't want to meet you in my office as a seriously injured person. Let's meet at the bookstore, at the grocery store, or on the walking trail. I always end up becoming friends with my clients. If you don't get seriously hurt and we never meet then while we both may miss a good friendship, you will be all the better for not having been injured. While you are out traveling this Thanksgiving Holiday look twice at stop signs and red lights. Drive "double defensively." When you leave the stores look around and be safe. Crime usually increases during the Holidays. I want everyone to make it through the Holidays and have nothing but joy with their family and friends.

Merrida Coxwell is the Managing Partner of Coxwell & Associates. He has been helping people who are seriously injured or who are charged with criminal offenses for over 29 years. If you have a problem call Merrida. If he is not able to help you he will help you locate a competent attorney for your unique problem. Office number: 601-948-1600.

In the newspaper Friday there was an article about a drunken driver who hit an elderly man crossing the street. The driver was so "out of it" that she did not even know she was dragging the elderly man under her truck. People on the street had to yell to get her attention. I think we all have to wonder how a person gets so drunk they can run over a person and not know it. It's cases like this that cause social drinkers all their problems. Does that make sense? Let's explore this issue together.

It is not illegal to drink and drive in Mississippi. It is not illegal to have alcohol on your breath. Yet, there are police officers out on the street who arrest everyone they stop when they smell alcohol. These officers are trying to get the most DUI arrests in a year. If an officer gets over 100 in a year, he gets a gold plated pin that he can wear on his uniform. Among police officers there is a sense of a challenge to see who can get the most DUI arrests each year. I have defended hundreds if not thousands of people charged with DUI over my 29 years. The majority of people were not under the influence. They were not drunk. They were not going to hit someone and kill them because of alcohol. Right now we are representing two people who were hit by drunk drivers. And I mean drunk drivers. These drunk drivers were so out of it that one did not even know he had an accident. Our office has filed a civil action (lawsuit) against both of these drunk drivers for the serious injuries they caused to our clients.

What is the answer to this problem. Ordinary people who go out to have a social drink get arrested, hauled to jail, and humiliated by police officers who look at their job with the attitude of "us against them." They view their job not as a "serve and protect job," but as a game of "bust them all." I have often thought that maybe we should have a zero tolerance for drinking and driving law. Let's just pass a law that says you can never drink and drive. No restaurant can serve alcohol. No lounge can serve alcohol. No charity or social event can serve alcohol. Whoa, you say that is unreasonable? Why? I don't have the answer to this problem. That is one suggestion. But to be honest with you it won't solve the problem. The person who has a social drink is not the person who crashes their car into another car or is not the person who hits a pedestrian. And the drunk is not the person who gives a flip about a zero tolerance law.

I will tell you bluntly, I don't know the answer. I know the restaurant association and other groups would strongly oppose a zero tolerance law. Why? It would hurt the money they make. Social groups and charities would not like the idea either. Why? Because lots of people like the taste of wine. They enjoy wine tastings. For many people these social functions are the only time they get out and have time free away from their children. They want let down their hair and have some fun. Is it acceptable to drink and drive? Well, I suppose that is a moral question and each person has an opinion on whether drinking is good or bad. I have had comments from people like this: "How can you represent a drunk driver." How can you represent a drunk driver and on another day represent someone who was seriously injured by a drunk driver." These are all good questions. I hope I can give you a satisfactory explanation.

Our system of justice is an Adversary System of Justice. I have written about this before in a Blog article. Our system of justice presumes both sides of an argument or legal position have zealous advocates who are presenting their positions. Through these adversaries it is believed the truth will emerge or at least be made available for the jury to determine what is just. So, we can represent different people, at different times, who may have opposing viewpoints on the same issue. Our duties as attorneys is to present our clients issues or positions with vigor and force. We may or may not personally believe in those positions. I have been helping people for over 29 years. After that many years I reserve for myself the right to accept the clients I want to represent and the clients that I know I can feel pure, unadulterated passion for when I go to Court. Representing a DUI client one day, and a victim of a drunk driver the next is not contradictory because I accept and take on the person, not the event!

Years ago I represented a drug agent who was accused of brutality and planting drugs on people he arrested. For years prior thereto I had represented hundreds of people charged with drug crimes. I made sure when I represented him there was no conflict between who he had arrested and clients I represented in the past. I accepted his case and treated him as a human with frailties, prejudices, a family man, and a law enforcement officer charged with a crime. In other words, I treated him the same way I would treat any other client. Representing people who get arrested for DUI and representing injured people who are hurt by drunk drivers is not inconsistent. Each person is an individual entitled to effective representation.

We are back to the DUI issues. I don't have the answer for the occasional drunk who hits and injures another person. A zero tolerance drinking and driving law will not stop that person. This is a policy decision that will have to be decided by the Legislature. I will say this to you. If you like to go out and have a social drink be very careful. There are cities like Ridgeland, Madison, Flowood, and Clinton who have officers who wait and watch for anyone out late at night. If you are DWL (driving while late) you are going to be pulled over. If you have the smell of alcohol on your breath the odds are you will be going to jail no matter how good you do on the Field Sobriety Test. I guess I could say: "Driver beware."

Coxwell & Associates is a law firm helping people who are seriously injured or who get arrested for criminal offenses. Four of the five attorneys work in these areas. Frank Coxell is the sole attorney who handles bankruptcy, predatory lending, and other consumer issues. Office number: 601-948-1600.

Dangerous consumer products are all around us. Over the past several years we have had food recalls. There was the bad spinach, the bad lettuce, the spoiled meats, and other infected food products. Then we had the lead toys from China. The bad milk for babies. Now we have the largest recall of baby cribs of all time. If you have a question about consumer recalls go the the Consumer Product Safety Commission website.

I am a believer in the American Enterprise System. I think that each person should be free to pursue their dreams. If you can come up with an idea like "pet rocks," and someone will buy them, then go for it. Our country is a great economic power due to the free enterprise system. But should the free enterprise system be permitted to dump or put dangerous products in the stores? There are so many dangerous products produced that should never have been sold to consumers. I think there needs to be a balance in the safety of products and their sale to consumers, and the balance should always be on safety. We have handled dangerous products many times. Sometimes these products are like IED's (Improvised Explosive Devices) that are so dangerous to our soldiers in Iraq. The injuries to the consumers are just a matter of time.

If you or a loved one has been injured by a dangerous products or in a serious accident call Coxwell & Associates for a free initial consultation. We have handled the large, complex cases. If you need serious, competent attorneys visit us at 500 North State Street, Jackson, MS.

I have written on the Constitutional Right to not incriminate yourself many times. This sacred right is provided for under the Fifth Amendment of the United States Constitution. The Mississippi Constitution of 1890 has a similar provision. What these Constitutional rights give you is the absolute right to remain silent and not make any statement that will directly or indirectly incriminate yourself or provide any fact in a "chain of facts" that might aid in your own prosecution by the government. Good people can make mistakes and bad choices sometimes. When the government wants to prosecute someone they can and often will go after them with unlimited resources. There are times when the government chooses to prosecute a series of offenses when it actually makes more sense to offer some form of punishment that does not involve incarceration. Remember, government is run by people and it is not always perfect, fair and impartial. So my advice is this: Since our system of government is an adversary system, don't provide your adversary with the evidence against you!

Here are some examples of why I say get a lawyer. In a several cases I have had clients come to me who were arrested for possessing drugs. Before I was helping them the police officers convinced them to bust other people and it would "go lighter" on them. The man in this case worked as a snitch and busted 5 of his friends. When he was finally charged the D.A. gave him very little consideration for his cooperation with the police. In another case a young girl was convinced by the police to bust 3 people in order to curry favor with the police and get help with her drug arrest. After she started the police demanded 12 busts. This meant the young girl had to get deeper in the drug world to bust other people when her original charge was not even serious. Today I was travelling and I stopped in Pensacola, Florida to visit two of my attorney friends who are hard core criminal defense lawyers like me. We went to a nice, simple waterfront restaurant for lunch and I learned about a case where the police tricked the girl into making a statement that connected her to a drug case. As we all talked about the case it was clear that the young woman had no criminal liability absent her statement. It is always better to be in a trial without a statement by your client than with a statement.

Don't make the mistake that I am opposed to good law enforcement. I am not and I support good, honest, helpful law enforcement. However, I am sitting here thinking about several areas around the Jackson area where the police have the attitude of it's "them against us." I recently viewed a video tape of a traffic stop and arrest for supposedly driving under the influence of drugs. The stop showed no erratic driving. The man essentially got stopped for DWL. What, you have not heard of that? Surely you have heard of DWI (driving under the influence). DWL is driving while late at night. The officer had his video and audio mike on and all of the stop was recorded. What I heard was one of the rudest encounters by a police toward a citizen that I have heard in my 29 years. To put it bluntly, the officer had an attitude, and an extremely bad one. Sadly, from my experience this is normal.

If you are suspected of a crime you need help and legal advice. No matter how kind the detectives may seem, no matter how polite the F.B.I. acts, make no mistake-if they think you are guilty they are going to try to get together the evidence to arrest you. If they are mad or want to punish you they will make sure you have a very high bail. This will force you to have a bail hearing. The officers can also go to the prosecutor and make matters hard for you. Ask yourself this: Why provide the government with the evidence against you? Why give the government evidence? I can assure you that it is not very often that the government takes mercy on people accused in court. If they have you in the sights, the government will pull the trigger. You may have done something wrong that is a violation of the law. The government may have plenty of evidence against you. You may need to plea bargain. But I can assure you that nothing is going to be gained by incriminating yourself. If you or a friend have a criminal problem call us for a free consultation. We have the real, hardcore experience to help you. There are plenty of inexperienced attorneys and lawyers who practice criminal law part-time. Do you want part-time knowledge and experience?

The Jackson City Counsel has voted to put a temporary halt to Payday Loan Companies, Check Cashiers, Pawn Shops, and Titles for Cash businesses. I think this is a good decision. Jackson has the highest concentration of these businesses in Country. I wonder if it has something to do with the poverty and how hard people have to struggle from paycheck to paycheck to get by in Mississippi. At Coxwell & Associates we have handled hundreds of financial cases for people. I know the argument from the small loan companies. They say, "We have to charge more because we are dealing with people with bad credit and they default more." There may be some truth to this statement. But we have seen how many of these companies operate and they prey upon the poor and educationally disadvantaged. The interest rate at the small finance companions is frightening. Then the poor borrowers' are sold several types of insurance that is essentially worthless to a bad deal at best! The cost of the worthless insurance is financed with the loan. After the person has paid down 1/3 of the loan the company has made maximum profit and they then try to loan the consumers more money and sell more insurance. It is a never ending cycle.

In my opinion these Payday Loan companies and Check Cashing companies are even worse. The effective interest rate can be in multiples of 1000's percent above what is borrowed. These companies prey upon the poorly educated and people with the least ability to understand the complexities of the financial markets. And these companies are popping up on every corner. The constitute a blight in my opinion. Cities around Jackson have already put a moratorium on these types of businesses. If we have to have them in our cities then they should be zoned into the light industrial areas like the strip clubs and adult book stores. There are just some things we do not need and these businesses are ones we can do without. If you own one of these businesses then I am sorry if this hurts you feelings. Any business that charges as much for credit as the businesses I have mentioned in this article do not get my goodwill. If you have to use one of these businesses then I encourage you to be very careful. My brother Frank represents people in consumer cases. He has unfortunately had to file bankruptcy for many people who got involved with loans from these companies. Frank has lectured across the nation on debtor creditor issues. If you have a question do not hestitate to call.

A person arrested is entitled to be taken before a Judaical magistrate without unnecessary delay. The United States Supreme Court has held in an opinion that the words "unnecessary delay" means that a person arrested must be taken before a judge for the initial appearance within 48 hours excluding weekends. This means if you are arrested on a Friday, the weekend does not count and you might not be taken before a judge until the next Tuesday. I have noticed over my career that when serving warrants officers often show up on a Friday. That way the person arrested has to stay in jail longer.

No one wants to be in jail. Law enforcement officers know that and I think it is why they make arrests on Friday. If you are arrested on a weekend the best advice I can give is to call a lawyer. The attorney can help arrange bond, provide you advice on what to expect, and give you information on the future proceedings. If you have a question on a criminal matter do not hesitate to call for advice. We have the experience to give you solid, practical advice.

Every person has the Constitutional right to remain silent if you are being questioned by any law enforcement officer. I strongly encourage you to exercise that right until you have had the opportunity to speak with an attorney. I have written on this topic before and I think it is important enough to write about again. If you are approached by law enforcement you do not have to answer any questions. Under our Constitution you cannot be compelled to give testimony against yourself.

If you are confronted by law enforcement you need to understand that officers may be helpful and friendly when answering a call at you house. They may be helpful when aiding you if you break down on the side of the road. But if they suspect you of a crime they are not your friend. They are your adversary and they do not have your best interest at heart. If you are approached by law enforcement you should identify yourself and provide identification but if they begin to question you about a crime or any details that suggest you have been guilty of a crime, you have a right to request a lawyer before making any statement. Regardless of what the law enforcement says to you, there is no such thing as an "off the record" conversation. Anything you say can and may be used against you if the prosecution chooses.

The advice we give can be hard to follow. Police officers and Detectives can be very persuasive. They study techniques on how to convince a person to make a statement. The United States Supreme Court has approved a procedure that actually permits law enforcement to lie to a citizen. When an officer or detective wants a statement, they will say anything to get it from the citizen. My partner Chuck Mullins and I recently handled a case involving a statement from our client. The statement was video taped by the law enforcement. During the statement the law enforcement tried several different techniques trying to get our client to confess to a crime she did not commit. They promised to go "to the Judge and D.A. to help her." They offered false sympathy in order to get her to confess. They appealed to her civic interest and her fear. No matter what they said, our client would not admit to a crime she did not commit. Fortunately, the jury agreed she was innocent.

I do not want to convey the wrong impression. Law officers are out trying to do a job. Most are good. Some are bad. Others will do whatever it takes to get a conviction. If you are charged with a crime, you need advice before you make any statements to police. If you or a loved one has a criminal problem call us before making a statement. We can give you practical, helpful advice. Call 601-948-1600.

Identity theft takes place when a person steals some form of identity that belongs to another person and uses it to commit an unlawful act. An example of stealing some one's identity would be taking their social security number, tax identification number,or any other form of identity. I am observing more and more identity theft prosecutions in Federal Court. There is also something called Aggravated Identity Theft.

Aggravated Identity theft takes place when a person steals some form of identity and then commits another crime. The United States Code list the types of crime that make the offense Aggravated Identity Theft. Bank Fraud is one of those crimes. If a person commits bank fraud while stealing an other's identity then they would be subject to prosecution as Aggravated Identity Theft. The punishment for Aggravated Identity theft is a mandatory two (2) year sentence that must run consecutive to any other sentence. So, if a person commits a bank fraud, wire or mail fraud and identity theft, it becomes Aggravated and after being sentenced for the first crime they have to do two (2) additional years.

Congress was serious about imposing a harsh sentence for identity theft. Identity theft and computer theft are more common now with the Internet. I suspect that identity theft and hacking are just going to her worse. If you have been charged with a crime call Coxwell & Associates for a free consultation.

Medical malpractice lawsuits are not filed very often. A 2006 study at Harvard established that only 1 in 8 people who are injured by medical malpractice file a lawsuit. This same study concluded that 97% of the cases filed had merit. That means there was a real and genuine reason for filing the case. Medical malpractice cases are not flooding the legal system. There are not that many medical malpractice cases filed yet the insurance industry continuously blames injured people for problems in the medical or health care industry.

The National Association of Insurance Commissioners and the Congressional Budget Office and Government Accountability have determined that the cost spent defending claims and compensating people injured by medical negligence only amounts to 0.3% of all health care costs. The Insurance Industry has repeatedly exaggerated and lied to the public about medical liability cases and claims. One of the constant claims being made is that doctors "are fleeing." If doctors are fleeing, where are they going? The numbers of doctors in this country is increasing faster than the population growth. If rural areas are losing doctors, it is because doctors do not want to live in rural areas. Studies show that nationwide populations are moving to the cities. The number of doctors has increased in every state in the Country.

The Insurance Industry also claims that lawsuits drive up insurance costs. However scientific studies have proven that there is no relationship between doctor's insurance premiums and claims. Insurance companies have raised doctor's premiums not because of malpractice claims but so they can make more money. The Insurance Industry has admitted that caps on damage claims will not cause doctor's insurance premiums to go down. If you are interested in additional information on this matter you can read more at www.justice.org/clips/Five Myths About Medical Nefligence.pdf.

Coxwell & Associates is a firm representing people who are seriously injured and who have been charged with criminal offenses. Attorneys in the firm are experienced in trial and take a personal interest in their clients' cases. Call for a free consultation. Work: 601-948-1600.

Most people have probably heard about those videos of people partying all of over the world. The producers go around the world filming young people getting drunk and taking off their clothes, then they sell the videos and make a fortune. I think the title of the videos are "Girls Gone Wild." I have decided to produce my own video but it is going to have a different format. The title is going to be Prosecutors Gone Wild. Once that video is a success the next series is going to be Law Officers Gone Wild.

Over the course of my 29 years of law practice I have personally seen so many instances of prosecutors out of control. I can remember two cases where the Assistant District Attorney deliberately refused to tell me about evidence that was helpful to the person accused of a crime. Federal Constitutional Law and State Law requires a prosecutor to advise a lawyer who is representing an accused if there is any evidence that is favorable to either guilt or innocence. Sadly, many prosecutors do not take this law seriously. Which means they do not take seriously the State and Federal Constitutions they have sworn to protect.

There have been other cases I have worked on where the prosecutors withheld evidence until right before or during the trial and then presented the evidence. This is also prohibited and unfair. If the evidence is favorable, the defense has no time to effectively make use of it. If the evidence is unfavorable, the defense has no time to investigate, research, and counter the evidence. Just this week the Mississippi Supreme Court was force to reverse and remand a criminal case for just that reason. The prosecutor waited until a trial started before releasing the name of a witness. This is wrong.

Prosecutors have a dual duty in the criminal justice system. They must prosecute the guilty, but they must also make sure the innocent are not prosecuted and they must affirmatively act to see that the trial is fundamentally fair. This means that doubts should always be resolved in favor of the accused. That is one of the hallmarks and guiding principles of our Great Country and Justice System. I tell juries all the time to remember that our system of justice is an adversary system. Do you know what that means? It means parties oppose each other and are adversaries and present different viewpoints of the evidence and law. The Government always has more power than the citizen or accused. Always, without exception. We have rules to protect the citizen from excessive government action. Even though the prosecutor must prosecute cases, his overriding duty is to see that the trial is fair. Unfortunately, it seems to me that justice becomes a competitive sport at times.

In each of the cases that I was personally involved not one time was the prosecutor sanctioned for deliberately hiding evidence. These were not instances of forgetfulness. They were wilful and deliberate. A defense lawyer would be heartily sanctioned if he acted with such impunity toward the law. Perhaps there are slow changes coming. The prosecutors in the Senator Ted Stevens case are being sanctioned. I read recently that the Bar Association was trying to take away their right to practice law. If they acted deliberately, they should lose their license. Today I read an order from a Georgia Judge holding an Assistant D.A. and the D.A. in contempt of court. The Assistant D.A. refused during the trial to comply with the Court's lawful orders. Think about that for a minute. A prosecutor who refused to follow a Court's lawful order. If a lawyer is involved in a case and he or she does not like a Court's Order, then you object. You place your reasons in the record and then appeal to a higher Court. You do not have the right to disregard an Order. And in this case the D.A. verbally attacked the Judge after Court and then told his assistant not to follow the Court's Order. Both of these lawyers need to be severely sanctioned!

I also witnessed a video this week of a Deputy Sheriff who in open Court stole a document form the file of a defense lawyer. If you are not aware of this fact, you should know that communications between a lawyer and his client are privileged. The files of a lawyer are privileged and confidential. For a Deputy to take a document is completely illegal. All of this was caught on the courtroom camera. The punishment for the Deputy was to apologize to the lawyer. Stealing is a crime. I have witnessed ordinary people go to jail for crimes like what the Deputy committed. Police officers who are charged with crimes often get special treatment. So when people ask me "How do you represent people charged with crimes," I can respond, "it's easy, everyone deserves a compassionate and strong lawyer fighting for them." Good people can make mistakes. If you or your family need a lawyer please call for a free consultation.

White collar offense are generally considered to be corporate crimes or crimes by business people or corporations. The are also crimes that do not involve acts of violence. The Justice Department has stated that it intended to prosecute more white collar and corporate crimes, including crimes by American Corporations under the Foreign Corrupt Practices Act. This Federal Law essentially prohibits bribery of foreign officials or governments by American corporations.

Currently the Department of Justice is investigating the pharmaceutical industry and alleged violations under the Foreign Corrupt Practices Act. I do not know if there have been any violations of Federal Law. What I do know is that these drug companies have far too much power and control over health care policy in our country. Americans pay far to much for drugs compared to Canada, Mexico, and European Countries. The Pharmaceutical Industry also throws up excuses like "things are different in America. We have to charge more." The only difference is the amount of money they spend lobbying so that no good consumer policy passes Congress. If you doubt me look at the difference in the cost of drugs.

The difficult economic times and the retiring of the baby boomers will strain Social Security and Medicare. The country could save billions by having competitive drug purchasing. Can you as a consumer think of a single reason why the government should not bargain and be competitive when purchasing drugs? If you can tell me. I am in support of the Department of Justice rooting out foreign corruption. I would also like to see them root out corporate corruption in this country. For far to long corporations have used America as private business at the expense of the consumers. This needs to end.

Merrida Coxwell is senior partner of Coxwell & Associates, a firm focusing on serious injuries and criminal defense. Frank Coxwell is the sole partner who handles consumer bankruptcy, predatory lending, debtor-creditor cases, and other legal issues for consumers.

The possession of a gun after you have been convicted of a State or Federal felony can lead to another conviction. Both State and Federal law prohibit a person from possessing a firearm or ammunition after pleading guilty or being found guilty of a felony. Federal law also prohibits a person from possession of a firearm or ammunition if they have been convicted of a misdemeanor crime of domestic abuse. I am absolutely opposed to spousal violence but have always though this was a harsh rule.

If you are convicted in State Court there may be a procedure for restoring your rights to possess a weapon again. If you are convicted in Federal court there is no way to restore your right to possess any firearm or hunt with a firearm again. I know many people that got convicted as teenagers or when they were young. They have been good citizens for more than 10 years but they still are not allowed to hunt. I have said before that we are far too punitive in this country.

The Seventh Circuit Court of Appeals has issued an interesting opinion that may cast a new light on the prohibition of possessing a firearm after a misdemeanor conviction for domestic abuse. The Appeals Court has ordered the trial court to review an man's Federal conviction for felon in possession of a firearm stemming from a ten (10) year old domestic abuse misdemeanor conviction. According to the opinion the Seventh Circuit wants the trial court to decide whether the Federal law violates the Second Amendment right to bear arms. It is well established that Legislatures can prohibit the possession of a weapon after a felony conviction but Congress may have gone to far by barring citizens from possessing weapons after misdemeanor domestic assault convictions. This is going to be an interesting decision that may allow some people to hunt again. I will be watching for the decision.

If you have a felony conviction call Coxwell & Associates to discuss whether you may be eligible to regain your right to hunt. We know several laws that may be helpful to you that are not expensive. For a free consultation call 601-948-1600.

My partner Chuck Mullins and I just finished a criminal trial in Madison County, Mississippi. The jury returned a not guilty verdict and freed a young woman from a year of turmoil and pressure that was from the beginning unjustified in my opinion. I don't mind admitting that I worked hard on the trial and I was concerned and worried throughout the trial. After the trial was over I started thinking about the lawyers I have met over the past 29 years of my career who say they never get stressed or worried over a trial. They also often say that they don't make an emotional bond with the client. They apparently believe that staying unemotional and apart from the client gives them an advantage. I disagree.

Chuck and I genuinely liked and cared for our client. It is rare for us to help someone with a legal problem and not become of friend with that person. I have not ever found that to be a disadvantage. People derive their passion from the things they do in life. We have passion for our work and we believe that passion for the individual client and cause is also necessary. That is one reason we do not accept every case. I have practiced 29 years. After that long I have earned the right to like who I represent and to represent them with passion and a sense of friendship.
I cannot see that changing as long as I continue to represent people.

Merrida Coxwell is managing partner of Coxwell & Associates, a law firm with an office in Jackson, Mississippi. The attorneys travel across the state helping people who are seriously injured or in trouble with the law. For a consultation call 1.601.948.1600.

Criminal charges in Mississippi are always serious. If you are indicted never underestimate the aggressive tactics and strategy that law enforcement and prosecutors will go to get a conviction in any case.

Today at approximately 2:00 p.m. a Madison County Jury returned a "Not Guilty" verdict for Ms. Latosha T. Smith. Ms. Smith was indicted by a Madison County Grand Jury for unlawfully committing a hoax against the City of Madison Water Department. According to the prosecution Latosha T. Smith dropped a plain envelope with her water bill and a check in the City of Madison Water Department Drop Box. When City of Madison employees recovered the envelope and opened it at the water department, they noticed a grey-white powdery substance in the envelope. The supervisor was notified who in turn called the authorities. The Madison Police Department notified additional Federal and State authorities. Responding to the water department were the Home Land Security, F.B.I. and U.S. Postal Investigators. Water employees who had handled the envelope were quarantined and held in a secure location until a field test was run to determine whether the substance was harmful. The results of the preliminary field test was negative but the sample was sent to the Miss. Department of Health for a further analysis.

The Indictment alleged that Ms. Smith unlawfully by placed a substance in the envelope with the intent to make the water department believe it had been subjected to a biological hazard. The Assistant District Attorneys who prosecuted Ms. Smith introduced evidence from State and Federal Authorities on the dangers of hoaxes and introduced evidence that Ms. Smith had her water disconnected on two occasions prior to the incident. According to the Assistant District Attorney, Ms. Smith had a "motive" to get even with the Madison Water Department for disconnecting her water. Mr Yoder argued that the amount of the powder in the envelope was such that it could not have been an accident and was done with the intent to commit a hoax against the Madison Water Department.

The Jury deliberated approximately 45 minutes before rejecting the prosecutor's arguments. Merrida Coxwell and Chuck Mullins, attorneys for Latosha Smith argued that the powdery substance was left in the envelope by accident or mistake, and the amount was not so great that a person would even notice it in an envelope. During the trial to illustrate his point, attorney Coxwell opened up a powdery aspirin and placed it in an envelope, using it to demonstrate how effortlessly someone could fail to see a powder in the envelope. During closing argument attorney Coxwell stated to the jury, " if a person did not know that they had done something that others believed was wrong, how would the person charged defend themselves." Coxwell used this to illustrate why Ms. Smith had no explanation for the powder in her envelope. Ms. Smith did not testify.

Coxwell stated after, "I did everything in my power to show the Assistant District Attorneys that there was no proof beyond a reasonable doubt that Ms. Smith ever intended to scare anyone at the Madison Water Department but my voice fell on deaf ears. Maybe they heard the verdict ."

Merrida Coxwell is the managing partner of Coxwell & Associates. He has over 29 years of legal experience defending people and helping people who are seriously hurt.

Accidents are tragic events that fortunately don't happen all the time. If you have a serious accident that is caused by some company or corporation that has violated the safety rules don't expect the company or their insurance company to be on your side. Companies and insurance companies are in business to make money. That is there sole existence. Why is it okay for these companies to make money, but if you are hurt by one of the companies they want to make you feel bad about filing a civil action (lawsuit). Lawsuits are about money. The money helps the injured person restore their life as much as possible. The money helps a family pay for the harms and losses after an injury. There is nothing wrong or unfair with being compensated for an injury you received. It is the only way that the law can provide a measure of justice.

At Coxwell & Associates we have been representing people who were seriously injured for approximately 29 years. During that time we have helped people injured by defective drugs. At one point we handled over 600 cases at one time. Other cases that we have handled involved boating accidents, 18 wheeler accidents, car accidents, injuries on property, and many other types. In each of these cases we battled either big companies or the insurance industry. I cannot think of a single instance that involved a serious injury where the insurance company agreed to help the injured party. Insurance companies are not going to be fair unless you have help. That is the simple truth.

If you have the misfortune of being charged with a crime what is it that you want? What is important to you during this difficult time? I have not been in that position before but I have been practicing law for 29 years and I have helped thousands of men and women in trouble. In all these years I have learned that someone charged with a crime needs emotional support. They need someone who will talk straight with them and who is honest about what they are facing. I have never liked lawyers who provided a "rosy picture" then later jerk the rug out from under the client. Coxwell & Associates has a reputation for being honest with our clients and giving solid, clear legal advice. We also understand the emotional needs of our clients. Being charged and convicted of a crime can have life long consequences. We understand and can help clients in these situations.

When you are charged with a crime you need to know what laws the government will prosecute you under and what the maximum punishment is for each crime. You will want to know the evidence and how it will affect your case. There are so many legal issues involved in a criminal case. Is there evidence that may be inadmissible? Is any of the evidence subject to suppression? Can you introduce the evidence you want in court? All these questions can only be answered by an experienced criminal defense lawyer. There is no teacher like experience. I have said this before and I am going to repeat it now. I have met lawyers who have practiced for ten years. They hold themselves out as criminal lawyers but they have never had a criminal trial or appeal. If I was looking for a lawyer, I might be concerned. What do you think?

Merrida Coxwell is the managing partner of Coxwell & Associates. The firm has its office in Jackson, Hinds County, Mississippi, but the attorneys travel throughout Mississippi helping people. For a consultation call us at 601-948-1600.

Big companies and the insurance industry spend millions talking about civil lawsuits and convincing the public that people who file lawsuits are greedy. They say lawsuits are just about the money. Well, I will tell you something-the lawsuits are about the money. Civil actions (lawsuits) are about the money to help a housewife support her children after her husband is killed by a defective, dangerous product. Lawsuits are about the money to help a young girl finish college after her parents are killed when a 18 wheeler violated the rules of the road and caused their death. Lawsuits help people who suffer harms and losses recover their lives. What is wrong with helping a person recover their live after being injured?

Insurance companies exist to make money and they make billions and billions. Companies like energy, pharmaceutical, and other such businesses exist to make money and they also make billions. They do everything they can to maximize their profit. Banks and finance companies make billions. Why is it okay for all these companies to make billions off their services and products but it is not okay for an injured person to seek money when they are injured? Does this make any good sense? My experience teaches me that every person wants reasonable and fair compensation when they are injured by some company or their product. Yet, people often look at another person's claim as if has no merit.

This attitude of doubting other people and their injuries but believing in your own claim comes from years of propaganda by the insurance industry. Why do you think the insurance company pushes and promotes all the ads. Do you think the insurance industry cares for you? If you have ever had a claim I bet you have probably had a bad experience with the insurance company. I am not a fan of insurance companies. Their attitude toward the homeowners devastated by hurricane Katrine speaks for itself. We have helped people for years who have serious injury claims. When the insurance company does not act fairly with you we can help. Before you talk with the insurance company talk with a lawyer. The lawyer will work for you, the insurance company works for itself.

There was an article in the paper about a 27 year old conviction that was set aside in New York for a man convicted of rape. It turns out that the man was never at the Night Club where the rape took place. He was convicted based on bad eye witness testimony and a lying witness. These types of cases should be troubling to any person with compassion and a sense of justice. Can you imagine spending about 1/3 of your life in a maximum security prison for a crime you did not commit?

I have written before in this Blog about eye witness testimony. New social science research and empirical studies have proven that eye witness identification is extremely unreliable. Yes, very unreliable. But how can law enforcement operate without eye witness testimony? Eye witness testimony is essential in many cases. Can you imagine how hard a prosecution would be if law enforcement could not use eye witness testimony? Impossible might be the best word.

The scientific studies have proven that people create facts in their mind when it is suggested to them who may have committed the offense. In cross-racial identification cases there are often very serious errors. Many social scientists and legal researchers are urging new types of line-ups in order to avoid unnecessary suggestions to the victim and jury instructions that warn the jury in trials to be aware of the risks of false identification. All of these methods should be employed. Losing a loved one is the most tragic event in our lives. Having a loved one sent to jail for a crime he/she did not commit is like losing a loved one. As a society we should do everything in our power to minimize wrongful convictions.

The Federal Government and the State Government are separate governments and have different jurisdictions by the United States Constitution. Over the last three (300) years the Federal Government has taken on more power or jurisdiction that had traditionally been left to the States. For example, the States have the right to regulate what happens in their borders under what is called their "police powers." Of course if it involves Interstate Commerce Congress has the right to pass a law that controls over the State law. Since the Federal Government and State Governments are different, an act by a person in a State could violate both a State law and a Federal law at the same time without violating the Double Jeopardy Clause of the United States Constitution.

The Double Jeopardy Clause holds that a person cannot be punished or tried more that once for the same offense or crime by the same jurisdiction. Now when I say tried or punished I mean the case has to go to a verdict of either guilty or not guilty. If you go to trial and are found not guilty you can never be tried for that crime again. If you are found guilty you can only be punished one time. If you appeal your case and the higher court reverses your conviction and remands the case back to the lower court, you can be tried again. But if your act or crime is a violation of two soverigns, you may be tried again for the same conduct.

This is an exception to the Double Jeopardy Clause. If the crime you commit is against different governments or sovereigns, then each could try you. This is clear in controlled substances or drug cases. If a person brings drugs into a state that person can be prosecuted by both the Federal and State Governments without violating the Double Jeopardy Clause. In Mississippi we have a state law that prohibits the prosecution for a drug crime if the person is first prosecuted for the same offense by another state or the Federal Government. Nothing is ever simple. What does the same mean? If a man is prosecuted for a conspiracy in Federal Court, and as part of the conspiracy he brings a pound of marijuana in Mississippi, it seems like Mississippi could not prosecute the man for conspiracy. But could they prosecute him for possession with intent? This is not the same crime. This is a question one of my clients faced recently but the case got resolved favorably before we had the opportunity to have a hearing.

So unless the State you live in has a law like Mississippi that prohibits the prosecution of a person after the Federal government has prosecuted them for the same offense, you can generally be prosecuted by different sovereigns. Merrida Coxwell is managing partner of Coxwell & Associates, a firm dedicated to helping solve clients real life problem.

A medical malpractice civil action (lawsuit) is one where the person filing the action believes that the medical provider deviated from the "standard of care" and caused harm to someone. The standard of care means that the medical provider did something or did not do something that other medical providers would have done, and as a result of the act or omission a person was injured. It is no secret that I feel the Courthouses must be open to every person regardless of their status, amount of money, color, race, or any other factor. A plumber should have as much access to the Courthouse as the pilot. A housewife who does not work, but takes care of her kids should have the same access to the Court System as a doctor or corporation. If we start automatically limiting the right of people or making it more difficult for them to have access to the legal system, when does it stop. What happen when suddenly we wake up and we no longer have the right to seek justice in Court.

Medical malpractice actions are some of the hardest cases a lawyer can handle. I am going to tell you just like it is in these matters. Doctors enjoy an elevated status in our society. People accord them a higher degree of respect than is afforded to an ordinary person. Juries believe doctors more than they believe the average witness. Statistically, doctors win over 66 of the medical malpractice cases that are filed. It is very, very hard to find a doctor in this area who is willing to testify against another doctor. There is this code of silence. Doctors are also very hostile to the legal system and toward attorneys. The doctors charge attorneys outrageous amounts of money for depositions even when the depositions are for the doctor's own patients. I would be willing to bet that you could talk to ten (10) attorneys who are handling malpractice actions and they could give you concrete examples of cases where doctors hurt the cases of their own patients just because the doctors were hostile to the attorneys or legal system.

Let's get one thing straight. I am not hostile or "down on the medical establishment." My family is equally divided between the medical field and the legal field. In fact there may be more members who work in the medical field than legal. What I am against is affording anyone what amounts to super-extra protection in the legal system when that person, business, or corporation fails to follow the rules and as a result harms someone or a family. The Insurance Industry has used doctors for years, and are still using them, to push for changes in the legal system that benefits the Insurance Industry. There was a wonderfully informative article written by a doctor and I am attaching the link for as long as the link lasts. In summary the doctor says that civil actions help protect patients from doctors who perform badly and there is really no other way to adequately protect the public. (http://www.salon.com/opinion/feature/2009/10/27/malpractice_reform/)

I don't care if you are a doctor, a lawyer, a billionaire, a carpenter, or any other job or profession. Every person should be treated equally in the legal system. Otherwise, what kind of country do we have. In Mississippi doctors have been given super protection. Cases against them are nearly impossible now. These bad laws don't stop frivolous lawsuits; they stop the real lawsuits where people are harmed by bad medicine. Well, if that's what people want, that is what they will get. I hope I can get a law passed protecting me from my mistakes. I encourage you to go to your Legislator and ask to get a special bill passed protecting you from your errors. (See how fast he laughs). Then no one will be responsible for anything. We won't have to follow any rules of any kind and no Will have no consequences. Does that sound good? Incidentally, my office represents medical professionals when they get in trouble with the law. You know what? They want all of their legal rights then. And they should have them; just like the general public should be entitled to their legal rights if someone is injured by a medical error.

Before I end let me say this about the term frivolous lawsuits. There aren't that many. I not going to tell you that at some point in time in this country of 300 million plus someone does not file a frivolous lawsuit. I am also not going to tell you that people don't run red light; that corporations don't produce bad drugs that hurt people; that banks and finance companies don't charge too much interest because it happens. But I can tell you that no attorney "worth his salt" is going to file a frivolous lawsuit because it costs money! Think about this the next time you are asked to give up your rights or the future of the rights of your family. The ads and information you have been hearing on frivolous lawsuits are lies, plain and simple. If you ever want to talk about it my office is open to you.

Dangerous dog often lead to dangerous injuries. In the Sunday Clarion Ledger there was a rather large article about a Pit Bull attacking a woman. A dog attack is always a good story because dogs are "man's best friend." So, when a dog attacks someone it is a story of a betrayal. I was getting my exercise in at the gym the other day and I overheard two people talking about a dog that attacked a young woman friend. Apparently the woman was caring for a dog that had in the past been an abused dog. We have handled several cases of dog attacks on people. In each of the cases the owner had prior knowledge of the dangerous propensity of the dog.

Dog are great pets. But there are certain breeds that cause most of the dog bites. The Pit Bull leads the pack in that area. I am not knocking any one's choice of dogs but the statistics simply don't lie. If you get a Pit Bull you have a much greater chance of owning a dog that may end of biting a person, maybe even a child. I clearly remember that case that I believe was in New York where two Pit Bulls killed a woman. I have never checked this issue but I suspect that insurance companies may charge a person more premiums if they own one of these breeds of dogs that statistically cause more injuries. This is something to think about if you are getting a new pet.

Coxwell & Associates have represented people, including kids that have been injured by pets. We urge everyone with a pet to follow the lease laws and keep your pet confined. Violating the lease laws of a City and having a pet that bites another person can lead to serious consequences. If you need help with any injury case please free free to call.

The United States Supreme Court heard two cases this past Monday dealing with the question whether it is cruel and unusual punishment to give juveniles life imprisonment without any parole or chance of early release. The Court has already decided that is is cruel and unusual punishment to execute juveniles. These two cases caused a spirited session of the Court. This is probably a question that will cause a substantial divide in the country. There are those people who say if you do the crime, do the time, no matter what it is or how long it is. Then there are people who believe in forgiveness, second chances, and rehabilitation is the preferred method for handling juveniles.

I think there is a bigger question lurking here that we all need to confront. The Legislature will not confront the issue because politically it is a "hot issue." The issue is this: What role should the corrections system play in the criminal justice system. Should it be for punishment only? Is the corrections system for rehabilitation? Or is it for retribution? Right now our corrections system in Mississippi is geared toward warehousing an inmate and very little else. In those cases of violent crime that is adequate. But what about all those minor drug cases and minor property crimes.

Does it make any sense to spend around $30,000.00 a year warehousing a person for a non-violent crime. Doesn't our country contain enough smart doctors, psychologists, social scientists, and corrections experts so we could create a new system that rehabilitates and punishes without warehousing a person. The Federal Corrections System is far ahead of the State of Mississippi in its Corrections System but the Federal System still incarcerates too many non-violent offenders. The United States has more people in prison that any other Western Nation. Are we a country of criminals or do we incarcerate too many people. I don't know.

Merrida Coxwell is the Managing Partner of Coxwell & Associates, a five (5) member law firm dedicated to helping people solve their legal problems. For a consultation call or e mail one of the attorneys.

Suspects were fleeing from the police when they collided with two other cars at an intersection. The headlines of the newspaper told of another collision that resulted from a police chase. We have represented people injured as a result of police chases. There are rules on when and for what reason the police should engage in high speed chases on public roads after people suspected of crimes. It makes no sense for the police to engage in high speed chases after suspects suspected of minor crimes, even felonies, if it means endangering innocent drivers and bystanders.

In one case we recently handled the police officer was driving over 100 miles and hour when he ran a red light killing our client. The officer was not on a high speed chase and gave no explanation for the excessive speed. The City of Jackson shamefully denied the families' claim and contested the case in Court. Cases against police officers or the City of this type fall under the Mississippi Tort Claims Act. The person or family is limited to an award of $500,000.00. That is all the money damages they may receive. In the case we handled the Judge awarded the maximum amount. The City of Jackson has appealed the verdict. This does not reflect positively on the policies of the City. The case is currently on appeal.

If you have a case of this type, or any accident or injury, call us for a free consultation. At Coxwell & Associates we have gotten fair and reasonable verdicts and settlements for clients to compensate them for the wrongs and losses they sustained.

Before a person can be forced to go to trial on a felony charge (what is a felony, see my prior post)he or she must be indicted by a Grand Jury or agree to the entry of an Information. Both the Indictment and Information are formal charging documents which set out what crime(s) the person is alleged to have committed. Very few people agree to an Information unless they are agreeing to it as part of an overall plea bargain. For example the District Attorney might agree to a plea to a minor charge if the person agrees to an Information. The minor crime may also be a lesser included crime.

Each crime is made up of elements. Before a person can be convicted the prosecution must prove each element exists and was committed by the defendant beyond a reasonable doubt. In the case of Grand Larceny the prosecution must prove beyond a reasonable doubt that the person (1) took the personal properly of another, (2) worth over $500.00 dollars, (3) with the intent to permanently keep the property. Those are the elements. Many crimes have lesser included crimes within them. In the example I gave above, Petit Larceny is the lesser included crime of Grand Larceny. If the prosecution did not prove the property was worth over $500.00 then the jury could return a lesser conviction of misdemeanor Petit Larceny.

Many criminal offenses have lesser included offenses which are misdemeanors. In the case of Burglary, a lesser included offense is trespass. But not all lesser included offenses are misdemeanors. There are serious felonies that have other felonies that are lesser included offenses. In the case of Murder, Manslaughter can be a lesser included offense. If the prosecution is trying to prove Murder, the jury may only believe that the crime is manslaughter and return a guilty verdict of manslaughter, which has a less severe punishment. So, lesser included crimes are crimes that have some of the elements of the greater crimes, but not all. I think of lesser included crimes as the "children" of the greater crime.

Anytime a lawyer defends a person he must carefully study the offense and all lesser included crimes. You can never tell what may happen in a case or how the evidence and testimony may appear until you are actually in the Courtroom. If the evidence raises the opportunity for offering a lesser included offense, it may be a benefit to the accused. Experience is the best teacher for complex, strategic issues like lesser included offenses. In a recent case we took over a murder appeal from a lawyer who had very little appeal experience and not much trial experience. The client had been tried on a murder charge. In our opinion the "Castle Doctrine" should have been raised as a defense and a manslaughter instruction should have been offered. Manslaughter would have been a lesser included offense. Unfortunately the lawyer did neither and we are now doing the appeal.

The attorneys at Coxwell & Associates are experienced criminal defense attorneys who work together to help bring about the best result for the client. Each attorney is dedicated to his career and loyal to our client's case. Feel free to call for a consultation and put experience to work for you.

The criminal appeal process is what happens after a person goes to trial and is found guilty by a judge or jury. If a person enters a guilty plea there is no appeal. In Mississippi anyone who is found guilty of a crime has the right to appeal. If a conviction is in Justice Court or Municipal Court then the appeal is to the County Court. If the County has no County Court then the appeal is to Circuit Court. Appeals from Justice and Municipal Court are de novo. This means that when an appeal is filed the case essentially starts over with a new trial. This is different from an appeal to the Mississippi Court of Appeals or the Mississippi Supreme Court which is only on the record.

If a person appeals from a County Court to the Circuit Court, or from the Circuit Court to the Appellate Courts, the appeal in "on the record." During a trial a court reporter takes down what is said in Court. The documents that are introduced into Court become part of the record. Many times there are bench conferences between the Judge and lawyers outside the presence of the jury. There are also hearing outside the presence of the jury. A lawyer representing a person on trial for a crime must be very careful that the court reporter takes down and makes a record of everything. If the judge denies the introduction of evidence then the lawyer has to make sure that he puts the evidence in the record. The reason this is so important is when the case go to the Appellate Court the Appellate Court will only look at issues that are contained in the record.

An appeal from a criminal conviction is based on the record. During the trial there will usually be errors based on the introduction of evidence or the exclusion of evidence. Lawyers will be making objections and these go into the record. On appeal the lawyer for the defendant will raise legal and factual issues and argue that the conviction should be reversed for a new trial or that the evidence does not support any guilty verdict. The Appellate Court can uphold the conviction, reverse the case for a new trial or re-sentencing, or reverse and discharge the person convicted. A reverse and discharge means the conviction is void and the defendant free.

Appeals are not easy. A lawyer needs a sharp eye to catch the legal and factual issues in a record. It also requires a lawyer who likes to research and write. At Coxwell & Associates we have handled approximately 120 appeals. This is a tremendous number of appeals. The only lawyers who handle this many appeals are usually full time court appointed attorneys. Lawyers across the State call and ask us to handle appeals because of our skill in research and writing.

If you have a question about an appeal call Coxwell & Associates to discuss the matter. We have the experience in the area of appeals and can give to clear, honest advice on the appeal. For a consultation call 601-948-1600.

I think it is fair to say that every job, occupation, work, company and profession has learned that it must advertise to stay competitive. Advertising on the radio, television, newspaper and Internet are now accepted in each line of work. It is impossible to turn on the TV without seeing a medical ad, or drive past a billboard that doesn't have a medical advertisement. We have several generations now that get most of their information from advertising. But when you see an ad, how do you know that you get what is advertised? This is the question you must ask yourself.

If you are in criminal trouble it may be one of the most difficult times of your life. A criminal conviction can lead to years in prison, probation, large fines and court costs, restriction on your freedom, loss of state or federal benefits, and other negative consequences. How do you find a lawyer who is experienced, knows the legal system and people, and cares about you as person and problem. This is a lot to ask but by no means impossible.

There are many attorneys working in Mississippi. While Mississippi does not recognize any specialities in law, there are many attorneys who focus their attention and legal skills in limited areas. There are still "general practitioners" in law, just like there are general practice doctors, or family doctors. But when you are dealing with an event as important as a criminal charge and the loss of liberty, a general practice lawyer may not be the best way to go. In fact, finding someone who truly knows criminal law would seem the preferred or best choice. I see ads by lawyers all the time talking about how experienced they are in criminal cases. I heard from a client recently about a lawyer who told the client he had never lost an appeal. This was funny to me because I knew he had never handled an appeal so I guess he was being honest. He never lost because he never handled one.

Law has over the years developed a business side to it. When I started law practice in 1980 I believe lawyers then looked at our work as a profession. You needed to be able to run a business, but law was not looked at as a business first. Now i see instances where I think the attorneys are running a business instead of providing a personal service to a client in need. I suppose this works in many areas of the law, but in the area of criminal law the stakes are just too high. Who wants a part time attorney handling a criminal case where the outcome could send a man or woman to prison?

Coxwell & Associates advertises so people will be familiar with our name. But our best clients, and most of our clients, come from word of mouth. Clients that don't know about us who ask their family or friends always get a positive answer about our skill, experience, and dedication to our clients. If you don't know a lawyer or how to choose a lawyer you should do some investigating. To often I visit with clients who hired a lawyer solely because he/she was the cheapest, only to find out the lawyer has no criminal experience. Our website lists cases we have handled. We don't just say we do something, we show you what we have done. In the past we represented the Mayor of Jackson. Years ago we handled a case for a Miss. Supreme Court Judge. The senior partner has handled over 18 death penalty cases. He has handled some of the bigger cases in Mississippi. Other lawyers may talk about their experience, but can they show it. In order to investigate a lawyer one just needs to Google him/her. This is a good starting place. Ask people in the community. Almost everyone knows a lawyer, and many people may want you to use their lawyer friend. But someone's lawyer friend may not be the best choice for your problem.

The final thing that you may wish to do when choosing a lawyer is to visit him/her at the office. Meeting someone face to face can be important when picking the right lawyer. Still, you have to be careful. A lawyer may have a super personality but very little experience. I believe the most important things to look for are these: (1) Has the lawyer been practicing for a sufficient length of time; (2) During the time in practice has he gotten criminal experience in trials and appeals; (3) Is he or she well known in the community; (4) Does the attorney have confidence and care about you as a client. (5) Does the attorney answer all your questions with patience and understanding. If you follow these guidelines I think it will help you chose the right lawyer for you.

Coxwell & Associates is a name recognized across Mississippi as a leading law firm when it comes to defending people charged with crimes. Merrida is past president of the State Criminal Defense Associations and a graduate of the famous Jerry Spense Trial Lawyers College. He has been recognized for over ten years in a row as one of the best lawyers in the country by the publication The Best Attorneys. If you need help in a criminal case you will find that the name of Merrida (Buddy) Coxwell is mentioned as a leader in the criminal law field.

There are alternatives to prison when a person is convicted or pleads guilty to a crime in Mississippi. How often these alternatives depends on a lot of factors like where the crime took place, who is prosecuting the case, and how hard the attorney for the accused works. Personally, I do not think that alternatives to prison are used often enough. I have been an attorney for over 29 years and I have seen far to many people go to jail who I felt needed a second chance. I posted a Blog earlier today talking about what happens after a plea of guilty or finding of guilt by a jury. Generally, if it is a serious crime, the probability of the person going to jail is high. Less serious crimes will depend on the facts and circumstances.

Alternatives are available to prison. Mississippi Law permits probation for most offenders. On a misdemeanor probation cannot be more than 2 years. For a felony it can go up to 5 years and many counties impose 5 years probation automatically. In some rare instances the person might get their probation terminated early. When a Court imposes probation there are a range of conditions the court can impose. Some of the standard conditions are: You cannot commit another crime; no possession or use of drugs or alcohol; stay away from other people who are convicted; get a G.E.D. education; pay all the fines and court costs; allow the probation officer to visit at home or work; work at a job if possible; and any other condition the Judge finds reasonable. If you just stay out of trouble a person can typically stay on good terms with his probation officer.

There are two programs available under Mississippi Law. One is called Deferred Adjudication and the other is Pretrial Diversion. While the programs have differences, both allow the person convicted to go on probation and if they successfully complete their probation and conditions the criminal charges are dismissed and expunged. Expunged means your arrest record is clean. These two programs are not always offered in every county. Some counties only use Deferred Adjudication and other only use Pretrial Diversion. There are reasons but those reasons are beyond the scope of this Blog. And there are some counties that rarely like to use either. It usually takes a considerable amount of work to get a person on one of these programs in some counties.

The is another program called RID. That stands for the Regimented Inmate Discipline Program. The disadvantage of this program is that it is offered in prison. This is the "boot camp" program so popular in the late 1980's. My understanding is that the Federal Corrections system dropped the program because they discovered it was not helpful. I have not personally checked to see if that is true. A person sentenced under RID must go to a special camp at Parchman. The boot camp lasts from 6-9 months and if it is successfully completed then the person is placed on probation instead of staying in prison.

Mississippi also has a system of Intensive Home Detention where an ankle bracelet is used to monitor the offender. I see very little Intensive Home Detention in Mississippi. It is used in 3rd Offense DUI cases because it is treated as confinement. It could be used more often but the cost of the bracelet can get expensive for the average person. We have in Mississippi some great alternatives to incarceration if District Attorneys would offer these more and Judges would accept them.

The last thing I wish to discuss is the Drug Courts. These are Special Courts used for drug possession cases. There are limits to the Courts but from what I can tell they are being used to help people who have drug charges and drug problems and who want help. The Drug Courts meet from every week to every month. It is similar to probation and if a person successfully completes the program his charges are dropped and record expunged. I would like to mandatory Drug Courts in every county so more people would have an alternative to incarceration and a life long criminal record. I hope this helps your understanding of some of the alternatives sentencing available in Mississippi.

Merrida Coxwell is a senior partner at Coxwell & Associates, a highly respected criminal defense firm in Jackson, Mississippi. Merrida is AV rated by Martindale Hubbell, which is the highest rating for skill and ethics. If you have a problem don't settle for less.

If you are convicted of a crime what happens next? This is a question that is on every one's mind if they are arrested and facing criminal charges. The answer to this question is very fact specific. In other words, it depends on the facts and circumstances of each case. There are some general rules that we can discuss and that may apply.

First, if you are charged with a violent offense, a sex crime, a serious possession or sale of drugs, then the answer to the question is different. Serious crimes are treated the harshest in the legal system. Repeat offenders are also treated hard. If you have a prior conviction for a felony and you get charged again, then the consequences are usually much, much worse. It is hard to tell someone facing a serious offense many general points. Obviously, the prosecution has the burden of proving guilt beyond a reasonable doubt. So, a lawyer helping someone has to fully investigate the case, obtain the discovery file from the District Attorney, and research the law. The majority of cases that come through the legal system are resolved by plea bargains.

Plea bargaining takes place between the District Attorney and the attorney for the accused. The person charged should be kept fully informed each stop of the way by his attorney. A lawyer should never call his client and say, "Your trial is next week, the D.A. offered the following plea bargain and if you don't take it you have to come to trial." If your case is one of the cases that needs to involve plea bargaining, then it needs to be started early by your attorney so you as the client have adequate opportunity to understand the consequences and talk with your attorney and family. Roughly 97% of all cases are resolved by plea bargaining. Even if the evidence shows that a person is probably guilty, every person has the right to go to trial and make the government prove guilt in open court beyond a reasonable doubt. The truth of the matter is this: If you force the government to trial, and they have a strong case against you, then the government urges the Court to give you a harsher sentence. In the serious cases, the accused can be assured that even in plea bargaining the government is going to both offer a prison sentence and demand one if you go to trial and you are convicted.

What about those non-serious cases. A non-serious case is hard to define. It is essentially a term I am using to help describe things that happen in the legal system. To complicate matters, what may be considered not serious in one Court District, may be considered serious in another. I am calling a non-serious case a first offender case that does not involve violence, a case not involving a sex offense, a serious drug offense, and does not involve the burglary of a house or the theft of a large amount of money. These types of crimes can often be handled in the legal system through various alternative sentencing methods that can be available. There are several options available for first offenders but not all county District Attorneys and Judge's like to use them. This is something that a lawyer needs to find out and start working on immediately. I will speak on these alternatives in another Blog entitled "Alternatives to Jail."

The State of Rhode Island has fined the largest hospital in the state after there was another medical error. For the fifth time since 2007 surgeons at the hospital operated on the wrong area of a person's body. How does something like this happen? If you go into the hospital for surgery on your right shoulder, how could a mistake happen and the doctor operate on the left shoulder. At the Providence Hospital this happened five times. Unbelievable!

We hear a lot about tort reform these days. Tort reform is the work of big business. They want to take away the right of people to fair and reasonable compensation for their injuries when they are harmed by a corporation. I encourage you to Google medical errors and you will see that medical errors and hospital infections kill thousands every year. When a medical professional continues to harm patients, why should that medical provider be given protection from their mistakes. There is something fundamentally wrong with a hospital when it has five (5) incorrect surgeries.

At Coxwell & Associates we believe that each person should have free access to the Amerian Legal System. One class of people should not be given special protection over another. Frivolous lawsuits should be discouraged, but when a case has real merit the injured person should not be denied the Court system. The attorneys at Coxwell & Associates represent people who get seriously injured in accidents. For a free consultation call 601-948-1600.

The owner of a large apartment complex has been ordered by a jury to pay damages to two children who have life long brain damage from lead paint in their apartment complex. For years the damage done to humans by lead paint has been know and it is banned from paint and products in the United States. Just last year toys containing lead paint were sold to kids in the U.S. Lead in very small quantities can cause deformity and brain damage in children and can have severe consequences to adults.

This case was totally avoidable. There was no reason for these children to be permanently harmed. The apartment complex was advertised to the public as "lead paint free." It is this type of irresponsible conduct that deserves punishment through the legal system. There is lead paint in public building in Mississippi. Whether or not it poses a health hazard is beyond this article. The children received a legal settlement through the legal system but it will never make them healthy again. The money will help with their injuries but this should never have happened.

Merrida Coxwell represents people who are seriously injured in accidents, through defective products, and by the wrongful actions of other people. His settlements and verdicts on behalf of people have totaled over 200 million dollars. For a free consultations call 601-948-1600.

The United States Supreme Court is set to decide if prosecutors should be immune from civil liability when they prosecute and help convict an innocent person. This is a hot bottom issue for many people. There have been 212 people freed from prison in the last decade. These were people convicted of serious, violent offenses. The people convicted were freed using new DNA technology. Their convictions were also based on eye witness testimony that had to be absolutely incorrect. It is horrible for an innocent person to go to prison. Think a few minutes about how you would feel if you spent 15 or 20 years in a maximum security prison for a crime you did not commit. On the other hand prosecutors argue that they have to be free to pursue their duties and not be worried about lawsuits.

It is going to be interesting to see how the Supreme Court will handle this case. I think it makes total sense to provide prosecutors liability from civil liability in their routine duties. But, what about in those situations where the proof shows that the prosecutor knowingly used false testimony or made up testimony that caused a man to get convicted. I personally think that if a case shows that a prosecutor knowingly used or supported the use of false testimony there should be no immunity for the prosecutor. Prosecutors have a duty not only to prosecute but to ensure that the accused receives a fundamentally fair trial and that statutes, rules, and the Constitution are followed. The prosecutor should not be entitled to immunity if he violates the law. I am not hopeful of a positive decision from the Supreme Court. Let's wait for the opinion.

Merrida Coxwell is an attorney with 29 years of experience helping people charged with criminal offenses. Over the course of his career he has helped hundreds of people during some of the worse times of their life. If you have a criminal problem do not hesitate to call for a free consultation.

A bill has been introduced called the Democracy Restoration Act. The purpose of this law is to restore the voting rights to people who have a Federal Conviction. Currently a Federal Conviction strips a man or woman or their right to vote in Federal Elections. There are 5.3 million people who cannot vote because of a conviction. This includes minor and nonviolent offenses. I was trained in the law with the understand that our Justice System served to punish and rehabilitate. Some people argue that rehabilitation has long been forgotten, but in Federal Correctional Facilities they have many helpful programs. But what is the rationale for stopping a person from voting after he has served his sentence and paid his or her debt to society? The person is still alive and a citizen of the United States. The person still works, pays taxes, vacations, and has a family in America. Are we just not willing to forgive people? Our Nation has been guided by Christian principles yet we won't let go the need to kick a person while they are down and then kick them some more for good measure.

Many States take away voting rights when a citizen has been convicted. Some allow those rights to be restored automatically when the person has served all punishment, including probation. Others required the person to file a Petition and jump "hoops" before they can get their voting rights restored. In Mississippi the process is not easy and by no means guaranteed. This archaic idea that we have to deny someone the right to vote because they may have done one thing wrong as a teenager or at another time in their life needs to be ended and put to rest. The negative effects of a felony conviction are the results of our history from England. I wrote a Blog earlier explaining how many of our laws and ideas are the result of our past that were brought over by the colonists. This idea that a "convict of felony" must bear life long punishment is one of those old and unnecessary ideas. One other thing needed is an expungement or expunction statute that would allow a person to clear their record if they are convicted of a nonviolent, first offense.

Hopefully these changes will come to America. There are a lot of changes we need to help our citizens put their lives back together. I like to remind people that "good people can make bad choices and mistakes. That does not make them a bad person forever."

Merrida Coxwell has over 29 years of experience helping people charged with criminal offenses. He has served as attorney for hundreds of people helping them through troubling and difficult times in their life. For a free consultation call 601-948-1600.

For decades now there has been a great disparity and unfairness in the way that the Federal Government has prosecuted crack cocaine and powder cocaine cases. There is a 100 to 1 drug disparity between the punishment for powder and crack. A great deal of national debated has raged over the severity of crack punishment. For example, if a person has 5 grams of crack he is subject to a five (5) year mandatory sentence in prison, but someone with powder has to possess 500 grams of powder before they are subject to the same punishment. A person with ten (10) grams of crack is subject to a mandatory ten (10) years in prison. I have witnesses so many young men, mostly African American, who were small time users and sellers get 15 plus years due to the mandatory sentencing. Yet, the people who have powder cocaine receive a much lower sentence. Now all you have to do is think about this for a minute and the absurdity of it becomes obvious. It takes powder cocaine to make crack cocaine. But the people with powder are treated more leniently than the people with crack. The majority of the people caught with crack are African American so you can decide why the punishment disparity.

The new Bill is going through Congress and gaining support even among Senators who originally thought the severe crack sentences were a good idea. President Obama has come out in support of ending the disparity in crack and powder cocaine. The Justice Department has also created a Sentencing and Corrections Working Group to examine drug laws and policies; to look at alternatives to incarceration; and to review unwarranted sentencing in the Federal System. I acknowledge that people must be punished but the punishment in this country for nonviolent offenders has gone through the roof over the past 30 years. As a nation we must examine our laws and look at new sentencing alternatives for nonviolent offenders, first offenders, and youthful offenders. I hope we can expect positive changes from these groups in the future.

In Mississippi State and Federal Court no person can be put to trial for a felony unless they are first indicted by a Grand Jury. A felony is a major crime where the punishment is possible incarceration in the State Prison. A misdemeanor is a petty crime that may carry up to a year in jail, but the jail time would be in the County Jail or County Work Farm.

A Grand Jury is a group of citizens called from the county who sit in review of evidence presented by law enforcement and the District Attorney. The Grand Jury only determines whether or not enough probable cause to believe the accused committed and crime and he/she should stand trial. The Grand Jury does not consider guilt or innocence, and no one appears for the accused in the Grand Jury. The Grand Jury is in the hands of the District Attorney. For years defense lawyers have joked that if the District Attorney wanted to he could indict a ham sandwich. This was just a expression of how much control the District Attorney has over the process.

When a jury is summoned to a County Courthouse, the judge selects randomly around 20 people to serve on the Grand Jury. These people go to a private room where the District Attorney presents a short or abbreviated review of the evidence on each person who it is believed committed a crime. The District Attorney will also call witnesses who may testify before the Grand Jury. The people present are usually law enforcement witnesses or other lay witnesses. Sometimes a person accused of a crime will be subpoenaed to the Grand Jury. The person accused has a right to invoke the Fifth (5th) Amendment right not to say any thing that might be incriminating. As a general rule I always urge someone who has been subpoenaed to the Grand Jury to consult a lawyer before making any comment or statement. A lawyer can go to the District Attorney or Federal Prosecutor and find out if the witness is a suspect or target of the Grand Jury, or just a fact witness.

Many times prosecutors will use the Grand Jury as an investigative tool and they may subpoena an accused to the Grand Jury. The accused does not have the right to take his attorney in the Grand Jury room, but he has the right to step outside after every question and speak with his attorney. His attorney can then advise him whether or not he should plead the Fifth Amendment. A person accused has the right to plead the Fifth Amendment not just to direct questions like, "Did you commit this crime," but the accused can plead the Fifth Amendment to any questions that might lead to a "chain of facts that might connect the accused to a crime." In my 29 years I have seen savvy prosecutors make great strategic use of the Grand Jury and I have witnessed naive people admit to crimes and commit additional crimes by going before a Grand Jury unrepresented.

If a person gets called before a Grand Jury and invokes his/her Fifth Amendment right to remain silent, the prosecutor cannot force out the testimony without going to the Judge and getting an Order Compelling the Testimony. When the Judge enters an Order compelling the testimony, then the witness is automatically given immunity from prosecution from the government by any use of the compelled testimony. There are two types of immunity, "Use" and "Transactional." The differences are beyond the scope of my article but can be important. That is why an experienced lawyer is necessary in these situations.

I have written on this issues before. We all enjoy certain rights. These rights are found in the Bill of Rights, and in Rules of Court, case law, and Statutes. I firmly believe and have said before that if you are asked to be questioned by law enforcement or sent a Grand Jury subpoena, you should always talk to a lawyer before you make ANY STATEMENT, COMMENT, OFF HAND REMARK, OR SAY ANYTHING WHAT SO EVER. After all, we have always been taught that it is better to be safe than be sorry. And I can't think of a better time for someone to exercise that principle.

Merrida Coxwell is an attorney with 29 years experience helping people charged with criminal offenses. His clients have included professionals, lawyers, judges, and many others. His experience extends to white collar crimes and serious offense. In addition to his criminal defense work Merrida helps people who are seriously injured. One of his civil cases stands as one of the largest verdicts rendered Mississippi.

There are places in the world that are dangerous. There are places in the United States that are dangerous. In all probability there are places close to where you live that you consider dangerous dangerous. Sadly, some may be communities riddled with poverty and crime. No one can guarantee your safety in these areas. There may also be businesses that have locations that are dangerous. Businesses that advertise in one way or the other and invite you into their store so they can sell you a service or product or make money from your visit must provide a reasonably safe location. These businesses do not have the ability to guarantee your safety, but the law law requires that they take reasonable efforts to provide a safe place.

I wrote earlier today on the difference between the Common Law and Statutory Law. This is a good example of the Common Law. Over years the law of negligence has developed through the Court System. Negligence is defined as doing something, or not doing something, you should have done that causes or directly leads to an injury to another person. Obviously, the law of negligence is more detailed than my definition, but my definition helps you understand what negligence means. For example, running a stop sign, hitting another car and causing someone injuries is negligence. Speeding at a extremely excessive speed through a stop sign or red light could be negligence or gross negligence. Gross negligence is doing someone worse than just a mistake or accident. It is an action that is certain while you are doing it will likely cause injury to another. Going 60 miles per hour through a residential area would probably constitute gross negligence because the driver knows pedestrians and children will be at play.

Back on dangerous premises. The Common Law developed rules that said the owner or possessor of property had to take reasonable steps to make sure people who are invited on the premises are not injured. For example, if someone operates an Amusement Park they need to take reasonable steps to ensure that the rides are properly maintained and inspected. A person that owns a store in a high crime area, where there have been other instances of crimes on or close to their property, needs to take reasonable steps to protect the customers that are invited onto the property. This may mean installing video surveillance, putting up a fence, or having a security guard patrol the premises.

Most people are probably aware of the private security guards that patrol major shopping centers. All major shopping centers can be high crime areas. It is known that criminals prey on shoppers, especially around Christmas. The Police Departments keep crime statistics for each area of the city and businesses know if they have high crime. If they do indeed have high crime, then they must take some reasonable steps to protect customers. The law does not require the businesses to guarantee safety, but to be reasonable. This area of the law is one good example of the Common Law.

At Coxwell & Associates we have represented people in what is described above. The law calls this premise liability. In two (2) cases we represented families whose kids were accidentally shot by their friends while visiting them. Guns are dangerous in the hands of children. Children should not have access to guns without parental supervision. If a parent has guns in their home they need to keep them locked and away from the hands of young children. In both cases we successfully helped parents recover for injuries due to their kids. In another case we helped a woman recover from injuries sustained when she was raped at a apartment complex. The apartment complex advertised how safe it was yet it was in a high crime area and there were known break ins at the apartment.

Premise cases are not very common but they do happen. Everyone invited onto property should be assured that the owner has taken reasonable efforts to ensure your safety. Understand that the owner does not have to guarantee your safety, only use reasonable steps. There is a different rule that applies if you are a trespasser on property. I will discuss that rule another time.

Merrida Coxwell is a experienced attorney who helps people who are seriously injured in all types of accidents, who are charged with crimes, and some financial fraud cases. Merrida is a trial lawyer with the experience to handle many types of cases, but generally limits his work to the area described. Frank Coxwell is the sole partner who handles consumer bankruptcy and debtor creditor issues.