Articles Posted in Criminal Law

case of dollars

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Although the terms “embezzlement,” “misappropriation of funds,” and “larceny,” are often used interchangeably, in fact, in some states, they are very different crimes.

Embezzlement can be the charge for misappropriation of funds when the funds involved have been lawfully entrusted to the embezzler—entrusted to, but the perpetrator does not have legal ownership of the funds.

drug paraphernalia

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Although you (like most adults) is most likely aware that being caught in possession of an illegal drug such as cocaine, heroin or marijuana can result in serious legal troubles, you may not be aware you can be prosecuted for possession of items related to those drugs—even when no actual drugs are found.

Drug paraphernalia crimes in the state of Mississippi are described in the 2013 Mississippi Code, Title 41, Chapter 29. Under this code, it is unlawful for any person to “deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, paraphernalia…”

different types of tablets

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If you have been charged with a drug crime in the state of Mississippi, you may feel as though there is little hope for your future. While the charges certainly are serious—and should be taken seriously—there are defenses your drug crime attorney can use on your behalf in order to lessen the potential penalties. First, however, there are a broad range of charges associated with drugs.

You may have been charged with drug possession, which is certainly one of the more serious types of drug crime, or possession with the intent to distribute, which can bring even harsher penalties. Perhaps you were charged with possession of drug paraphernalia, which, in the state of Mississippi, actually carries heftier penalties than a conviction for possession of smaller amounts of marijuana. Whatever type of drug crime you have been charged with, your Mississippi attorney may incorporate one or more of the following defenses:

burglar with crowbar

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The term “breaking and entering” usually conjures up an image similar to those we see in the movies. A person dressed entirely in black sneaks into an open window and steals the family silver.

Breaking and entering in the state of Mississippi, however, can encompass much more. The state of Mississippi defines burglary as breaking and entering into a structure (not a home), with the intent of committing a crime once inside.

modern victorian house

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You, like many people, may wonder whether the police are allowed to enter your home without a warrant—particularly if you currently live in an apartment or a dorm room on your college campus.

The Fourth Amendment does provide citizens the right to be secure in their home against unreasonable searches and seizures. In most cases, this right cannot be violated without a warrant which is based on probable cause, however there are exceptions.

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Arbitrary searches of your vehicle are generally illegal, however, like searches of your home, there are exceptions which can be used by the police to search your car.

There is also usually more leeway given to police to search your vehicle than to search your home. The exceptions to the laws governing vehicle searches include:

man arrested by two policemen

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Most of us are under the impression that we cannot be arrested unless the police have a warrant in hand. Unfortunately, this is not always the case, and your arrest could well hinge on the premise of probable cause.

The Fourth Amendment allows police officers to make an arrest, so long as probable cause exists. Probable cause is meant to prevent police states stopping law enforcement from arresting those they perceive as a threat without sufficient justification to back up that perception.

busy shopping mall with shoppers

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Many people see the crime of shoplifting as a very minor one, with few repercussions or penalties. In fact, if you are convicted of shoplifting in the state of Mississippi, you could face serious consequences, even finding yourself behind bars. In other words, your life, both present and future, can be altered in ways you may not have imagined when you shoplift an item. As many as ten million people have been caught shoplifting over the past five years—while about a quarter of those were teens or children, the vast majority were adults.

When you consider the most common shoplifted items include baby formula and meat, it seems as though many shoplifters may truly be taking items they did not pay for out of financial need. Most people who are caught shoplifting really had no intention of committing a crime when they entered the store. Some people shoplift out of financial need, others on impulse, and still others honestly meant to pay for the item—it was truly an accident when they walked out of the store with the unpaid item. Whatever the reasons behind the shoplifting incident, you need a Mississippi attorney who can work hard on your behalf to minimize the potential consequences.

Jackson Mississippi state capitol

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Unlike robbery charges, burglary charges are typically associated with the unlawful entry and criminal intent involving a structure when there are no victims present.

A structure can be a house, business, commercial property or even an automobile. Because there is not typically a person or victim present in this scenario, burglaries are almost always non-violent.

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Earlier this week, two people were arrested in connection with car burglaries in the Clinton area.

According to WJTV News Channel 12, Jimmy Wayne Hughes and Larry Konnor Hawkins have been charged with two counts of auto burglary and one county of petty larceny. Hawkins is also facing an additional charge of possession of a controlled substance.