Mississippi Lawyer Blog

Using an employer's computer in the City of Jackson, The City of Madison, The City of Ridgeland or Clinton and in Hinds, Rankin, and Madison Counties may be a crime if you exceed the authorized use or access the computer without authorization for what you want to do. It could be a crime all across Mississippi, but that is not true all across the United States.

Did you know that some prosecutors wanted to call you a criminal and convict you if you used your work computer to look at a sports score? But what if you accessed your company's computer to obtain the names and addresses of customers and then you left with those customers to start a competing business? Is that a crime? The Ninth Circuit Court of Appeals has said in a 9-2 opinion that the latter case was not a crime. U.S. v. Nosal.

This criminal prosecution arose out of a 1984 federal law called the Computer Fraud and Abuse Act. According to the Ninth Circuit Court of Appeals this law is an anti-hacking law, not a law to "make criminals of anyone who violates employer computer policies or a website's terms of service." The turning point in this case seemed to be that the employee had authority to access the company computer and database, though he did not have authority to take customers' names for his own use. But the fact the employee had authority seems to have saved him from prosecution. Certainly the employee could have civil liability and other legal issues if he signed a "covenant not to compete" with his employer.

The dissenting judges in the Ninth Circuit case did not agree with the majority. Judge Silverman wrote that what happened was a crime because the employee "accessed the computer without authorization or exceed his authorized used." It is certainly easy to understand the position of Judge Silverman.

But you cannot feel too comfortable because the 9th Circuit does not represent the opinion all over the United States. In United States v. John, 597 F.3d 263 (5th Cir.2010) the Fifth Circuit Court of Appeals which governs Mississippi, held that is was a crime when an employee accessed confidential information in a way not authorized by the employer. And the Eleventh Circuit Court of Appeals held it was a crime when an employee of the Social Security Administration exceeded his authorization and obtained information on former girlfriends and potential paramours. United States v. Rodriguez, 628 F.3d 1258, 1263 (11th Cir.2010).

I think the bottom line may be something like this: You should follow the rules set by your employer for use of computers and computer information. If you check sports score or access your Google Account, I don't think it will be considered a crime. But if you steal information, access and use information for your own benefit or to the detriment of your employer, you may be committing a crime. The best way is the safe way. Better safe than sorry.

Continue reading "IS A CRIME TO USE YOUR EMPLOYER'S COMPUTER?" »

I cannot tell you how many times I have received a call and the voice at the other end says "hey, I have a warrant for my arrest. What should I do?" I always tell my brother to calm down and take his meds. (I kid, my brother is in his 50's and has never had so much as a traffic ticket). The caller did the first thing you should always do when you are in trouble: speak with a qualified criminal defense attorney.

In this situation, I always advise the client that he will need to turn himself into the police immediately. However, depending on the case, we will attempt to call and set a bail for our client so their time in jail will be minimal. I will also call and speak with the police and advise them that our client is going to surrender himself and request that he not be interviewed. (It's not a bad idea to put this in writing either).

Finally, and most importantly, I drill it into my client's head to never speak with the police about his case. You know on those t.v. crime shows when they tell criminals "anything you say can and will be used against you in a court of law"? Well, they are serious about that! When you are arrested don't say anything!

Continue reading "What should you do in Mississippi if the police have a warrant for your arrest?" »

Unless you have been one of the few people living in a hole over the last month, you have undoubtedly heard at least part of the story of former Pennsylvania State University assistant coach Jerry Sandusky, who is charged with multiple counts of sexually abusing young boys. Earlier this morning, attorneys for Sandusky waived his preliminary hearing. There are legal reasons for making this decision, but in Mississippi, this decision could not have been made like it was for Sandusky.

Rule 6.04 of the Uniform Rules of Circuit and County Court Practice discusses the issue of "preliminary hearings" and actually provides the Courts with reasons for conducting such a hearing. When a defendant is charged with a felony and the defendant does not post bond, the defendant is entitled to a preliminary hearing. The purpose of the hearing is to determine whether "there is probable cause to believe that an offense has been committed, and that the defendant committed it." If the Judge finds there is enough evidence, the case will be bound over to the grand jury for their consideration. In Mississippi, once a defendant posts bond, the defendant waives (gives up) his/her right to a preliminary hearing.

If Sandusky's case was in Mississippi, he would have waived his right to a preliminary hearing merely by bonding out of jail as he awaits his trial date.

The City of Ridgeland has been searching for months for a man suspected of shoplifting from area businesses. The man was recently apprehended after a video was played on local television stations and someone called in identifying the man. Mr. Dunson was arrested and called Coxwell & Associates attorney Eric Brown. Mr. Brown is a native of the Terry/Byram, area. He teaches part-time at Mississippi College and is employed full-time at Coxwell & Associates. Mr. Brown went to the immediate aid of Mr. Dunson and secured his release on bail.

Shoplifting is simply taking property from a store without paying for the merchandise. If the value of the property is under $500.00 then the crime is a misdemeanor, and if the value is over $500.00 the crime is a felony. If a person has two prior misdemeanor convictions for shoplifting then the 3rd offense can be treated as a felony. Shoplifting is one of many crimes that are called "property crimes."

Though shoplifting is a property crime one should make no mistake about one thing-Madison and Rankin County usually push for stiff punishment for shoplifting. Ridgeland has the several major upscale shopping centers. These shopping centers are the tax base for the City and draw thousands of people to the town. Rankin County has extensive shopping along Lakeland Drive. Shoplifters are treated very harshly and it is not unlikely to see a person get 10 days in jail for a first offense in some of the cities.

These days most stores have some type of surveillance cameras and the bigger stores also have security guards disguised as shoppers. If a person gets caught and convicted of shoplifting a judge's order will often forbid the person of every going back into the store again. Shoplifting is a serious crime. Before you take anything that does not belong to you consider the consequences.

Continue reading "Suspected Ridgeland Shoplifter Apprehended." »

Coxwell & Associates' attorneys practice all across the State of Mississippi, from their home office in Jackson to their Gulf Coast Office, over through the Delta and up into the northern hills. On a daily basis the attorneys are called to help people in The City of Madison, Ridgeland, and Madison County, Mississippi. Last week managing partner Merrida Coxwell was called by a mother and father who were arrested for allegedly contributing to the delinquency of a minor. The allegation is that their son met a girl out of state and brought her back to Mississippi without the girl's parents' permission. Some of the evidence indicated that the girl's mom and step-dad had a drug problem and the girl did not want to stay with them anymore.

The charge of contributing to the delinquency of a minor can be a misdemeanor or a felony. One should always remember that a misdemeanor is called a "petty" crime and can result in up to a year in the county jail but a misdemeanor conviction does not result in the person going to prison or losing any civil rights. A felony carries the potential punishment in the State Penitentiary and can cause the loss of civil rights and benefits. (See this handy chart or "cheat sheet" for the punishment for misdemeanors and felonies.)

This story was reported in several news outlets including both the newspaper and television. The Ridgeland Police Department acted swiftly in this case taking possession of the minor child. There were rumors that the almost 16 year old child had not been attending school back in her home state and that her mom and step-dad were serious drug users. There were also numerous incorrect rumors swirling around about the young man arrested in this case. Managing Partner Merrida Coxwell was hired by the mom and dad to represent them on the contributing charge and on other charges that were being pressed by law enforcement. Merrida went to work immediately and obtained the parents release and worked with law enforcement so that no additional charges were brought at this time. By avoiding more charges the mom and dad were able to avoid very costly bail bonds on suspected charges that the Madison County Grand Jury may find are not valid.

This case established that there is nothing better than a law firm who will get right to work when a person is in trouble. Law enforcement sometimes overcharges when it comes to crimes. Other times they may charge a crime and upon reflection see that what they thought was a crime is not. This is where it helps to have an experienced, respected, and dedicated lawyer on your side.

Continue reading "Coxwell & Associates Hired to Help Mom and Dad." »

The City of Byram, MS is the newest city of Hinds County. Byram was officially incorporated in 2009 after a lengthy legal battle with the City of Jackson over annexation and incorporation. With approximately 11,500 residents, Byram rests comfortably to the south of Jackson, Mississippi. Byram has been referred to as a smaller suburb nestled to the west of the Pearl River, which ultimately feeds into the Mississippi River.

Between 2000 and 2010 the population of Byram grew by nearly 5,000 residents as citizens of Jackson and other surrounding communities made their way to a newly thriving area. Numerous local and national businesses make their home in Byram. The City of Byram sends its children to schools run by the Hinds County Public School District.
Byram is currently home to various small businesses, and if you have not driven through Byram in the last 6 months, you may not recognize parts of the city. Siwell Road is now the home to shopping centers, restaurants, and more neighborhoods than ever before. Byram continues its instant growth with new businesses expanding along Interstate 55, including Southpointe Drive.
The Byram Municipal Court, Byram Police Department, and other City Services are located on Southpointe Drive. The Honorable Dale Schwindaman sits as the presiding Municipal Court Judge in Byram. John Scanlon serves as the City Prosecutor. Byram has yet to appoint a public defender to the Court.
In March of 2011 Eric Brown of Coxwell & Associates had the privilege of being the first attorney to represent a criminal defendant in the Byram Municipal Court. As a member of Coxwell & Associates, Eric is just one of the attorneys there who are absolutely dedicated to the practice of law. The attorneys at Coxwell & Associates consider the practice of law as a constant career and not just a 9:00 to 5:00 job. Each of the attorneys is a resident of Mississippi, and all are devoted and interested in helping each and every client that is accepted by the firm. Coxwell & Associates is not a general law practice. Each attorney has had a diverse career and over the years each attorney has developed areas of practice. Though the attorneys at Coxwell & Associates will not accept every case, they do take the time to assist each and every person who makes contact with the office. Coxwell & Associates has a reputation of being truthful to clients, even if that truth is not what a particular client wants to hear.
From Byram the easiest way to reach Coxwell & Associates is to get on Interstate 55 North, headed North. You will come into Jackson and take the High Street Exit. High Street is one of the two exits used by most people when they come to the Mississippi Fairgrounds and the State Fair. After taking the High Street Exit go to the left and continue up the hill on High Street until you come to State Street. Turn left, and begin looking to your left after only a few hundred feet. There you will see the Historic Clifton-Burwell House, the office of Coxwell & Associates. The yard of the office is typically heavily planted with seasonal flowers and there is a black and white sign out front. As you come to the Coxwell & Associates office turn left on College Street. You will be able to park in the rear of the office. The entrance to the law firm is in the rear. Go up the steps and ring the bell. Our receptionist will allow you to enter and let the attorney know you are present for the appointment. If this is your first appointment you will be asked to fill out a brief information sheet.

College and pro athletes must get bored in the off season because that's when arrests rates climb. In fact, Sporting News put together the Top 5 College Football Arrests of the Offseason . From DUI to armed robbery, these young men didn't show good judgment to say the least. A few were from SEC schools (Alabama, Florida, Auburn) which is a good segue into my predictions sure to go wrong for the SEC East.

1. South Carolina Gamecocks: Slowly but surely the "Old Ballcoach" Steve Spurrier has built the Gamecocks into a nasty team. Wide receiver Alshon Jeffrey and running back Marcus Lattimore are good enough to make Stephen Garcia a serviceable QB. The Defense is equally nasty and many of those guys will be playing in the NFL very soon. The 'Cocks will meet Alabama in the SEC Title Game and I predict they will win it all.

2. Georgia Bulldogs: Head Coach Mark Richt is on life support. The first two games will determine his longevity. The Dawgs play big school killer Boise State in the Georgia Dome to open the season and then play the Gamecocks at home. If Richt can get past these two games the Dawgs are in good shape to run the table the rest of the way. I see them going 1-1 at best however.

3. Florida Gators: 2 years A.T (After Tebow) and the Gators have a new head coach and new offensive scheme. Gone is Urban Meyer's spread offense. In comes Charlie Weiss' pro style look. New head coach Will Muschamp will have the Gators competing for a national championship, but not this year. The schedule is simply too tough and the Gators are not talented enough. Yet.

4. Tennessee Volunteers: Beware of the Vols. [Cue "Rocky Top"] This team could be the Mississippi State of the SEC East. They have enough talent to pull some upsets (LSU and South Carolina at home) and QB Tyler Bray has the tools to be a great QB.

5. Kentucky Wildcats: John Calipari comes into this season after two straight trips to the Final Four...what? Ohhhh, UK has a football team? I did not know that.

6. Vanderbilt Commodores: Every time I see Vandy listed in the SEC football standings I ask myself one question: why? Get to the Ivy League fellas.

Continue reading "Top 5 College Football Arrests and More SEC Football Predictions" »

I normally don't write this type of blog but this has been one of the strangest weeks for legal news I've seen in a while. I don't know where to begin. How 'bout Burt Reynolds and his foreclosure woes? As many Americans face foreclosure due to predatory loans, Mr. Reynolds is looking at losing his Florida mansion. Bet he wishes he could do another Smokey and The Bandit sequel. If you have foreclosure issues, you need to call Frank Coxwell for advice.

You like hot sauce on your food? That's good but please don't use it to punish your children like this Alaska woman did. I just don't even know what this woman was thinking. Her trial is going on as I type this.

And what's up with Gerard Depardieu? The French movie star apparently had a bladder issue on a recent flight and, well, relieved himself on the plane. What's wrong with that you ask? Well, he relieved himself on the floor of the plane. Allegedly. He went oui oui oui all over the place! (You see what I did there? He's French so I used "oui" instead of "wee". Nevermind) Good thing he didn't do DeparTWO instead.

But what about the University of Miami athletic program? Nevin Shapiro, one of the university's biggest boosters has decided to blow the lid off all the money and other perks he has been showering on "the U's athletes for the last decade. Shapiro made his money defrauding investors in an elaborate Ponzi scheme. Well, at least he did reinvest some of his money back into the community, right?

Facebook creator Mark Zuckerberg if facing a lawsuit by a former classmate who is seeking half ownership of the popular networking site. The former classmate, Paul Ceglia, claims that he has a contract signed by himself and Zuckerberg which shows that he gave Zuckerberg $1,000 in startup money to create his idea, which was Facebook. The man's lawsuit claims that when he hired Zuckerberg as a Harvard University freshman to work on the Streetfax business in 2003, he gave him $1,000 in start-up money for his fledgling Facebook idea with the condition he'd own half if it expanded. The problem? Facebook believes that for his lawsuit, Ceglia altered the Streetfax contract to insert references to Facebook. Ouch.

And then there's the crystal meth dealer. When police raided his California home they found...tombstones. And I'm talking about Tombstone Pizzas but real tombstones. Apparently he had taken the tombstones from a local cemetery. Why? I don't know and neither do the police but you kids out there can learn a lesson from this: doing drugs will make you steal tombstones so don't do it.

Late show host David Letterman received a death threat from a Muslim militant which the FBI is taken seriously. Apparently terrorists are not fond of Letterman's Top Ten Lists. Who knew?

Continue reading "Weird Legal Week in Review and the Chupacabra" »

Mississippi Justice Court Judges are up in arms over a proposed rule change that would require businesses who appear in justice court to retain the services of a lawyer. The proposed rule actually originated from the Justice Court Rules Advisory Committee which is comprised by..you guessed it..Justice Court Judges! The rule is currently pending before the Mississippi Supreme Court who has to now take time to consider the rule which apparently most of the justice court judges don't even like. Nice waste of taxpayer's money.

For those who are not familiar with Mississippi's justice court system, justice court judges preside over misdemeanor criminal cases (like DUI, simple assault, domestic violence, etc.), conduct preliminary hearings on felony cases, and handle civil claims which do not exceed $2,500 in money damages. Justice Court judges are not required to be lawyers or even have a college degree. Justice Court judges are simply required to have a high school diploma or its equivalent. The job pays $45,000 annually.

I have a problem with anyone presiding over a criminal or civil matter who is not an attorney. I went to college and law school (7 years total) and then had to pass the Mississippi Bar Exam in order to practice law in this state. I then have to try cases in front of "judges" who wouldn't know a hearsay objection from a relevance objection. That's not a personal attack on anyone it's just a fact. Would you go to a "doctor" who never went to medical school? Then why do we let people who aren't lawyers sit as judges? It invokes memories of Snuffy Smith going in front of the local Justice of the Peace.

Continue reading "Mississippi Justice Court Judges Oppose Rule Requiring Lawyers to Represent Businesses" »

We have all seen them. The District Attorney or Assistant D.A. that just cannot wait to make a headline in the paper by trying their case in front of the jury. While all D.A.'s are not attention-seeking, all District Attorneys are elected in our state. Obviously, this fact has nothing to do with their constant desire to grandstand when the press is in the courtroom or around the courthouse. This type of behavior has been going on for as long as people have craved attention. In an effort to prevent certain types of behavior, all lawyers have been provided the "Mississippi Rules of Professional Conduct" to guide them along. In fact, you cannot even graduate law school without having taken a class in Professional Ethics.

Knowing that all attorneys should be aware of these rules, I become extremely offended when I witness attorneys violating these rules, usually because they are unaware they even exist. So why don't the attorneys know the rules? Well, it doesn't help when certain private attorneys are serving as "special prosecutors" for various cases. That's right; an attorney who was never elected by the residents of a particular county is serving as the prosecutor for various cases across our state. These "prosecutors" sometimes violate rules that are essential to any jury trial, and the most alarming trend is they don't even know they're doing it.

Take for instance, this case. Basically, a mistrial was declared after a jury couldn't agree whether a mentally ill woman was sane or insane when she fled from police and caused a fatal car accident. The special prosecutor in this case is a private attorney who made some interesting comments after the Judge declared a mistrial.

"Ogden said he made a plea offer of a 10-year sentence with credit for time served. Wilson served more than three years in jail until she was released on bond in January. She is charged with fleeing a law enforcement officer resulting in a death - a charge that carries a maximum 40 years in prison with a conviction.

"We plan to retry her if we can't work out a plea agreement," Ogden said."

This commentary on the case would be absolutely appropriate if it were not absolutely inappropriate. Rule 3.6 of the Rules of Professional Conduct states:

"A lawyer shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding."

Furthermore, the Mississippi Rules of Evidence, Rule 410 declares statements related to pleas or plea discussions to be inadmissible in trial. The Rule mentions the prejudice a defendant may suffer by having these statements made public.

I, like anyone else out there, appreciate people willing to do something to assist our government in times of need. I am not a fan of people signing up to prosecute other people, and in the process violating rules they should already know and understand. We need to be more vigilant in our roles as advocates, and I am confident the attorneys at Coxwell & Associates understand this concept.

Just a few days after the Choctaw Tribal Council threw out the election results for tribal chief, the F.B.I. raided the Choctaw casino. This wouldn't be the first time the Choctaws have been caught up in a political scandal.

It will definitely be interesting to see if the two events are linked somehow. Stay tuned.

Continue reading "FBI raids Choctaw Casinos Just A Week after Chief Vote is Thrown Out: Coincidence?" »

Unless you have been living under a rock, I'm sure most of you are familiar with the Casey Anthony trial by now. The facts are well-known by most: A young mother failed to report her two year old child's disappearance for 30 days. She lied to police on several occasions about her child's whereabouts and other important things. Six months later, the little girl's bones are found. The police arrested the mother and charged her with 1st degree murder, a death penalty offense in Florida.

National attention surrounded the month long trial. The prosecutors utilized state of the art, never before used forensic testimony in an attempt to convict Casey. However, the State could not prove how Caylee died and the defense offered several alternate theories. The defense pointed the finger at Casey Anthony's father and alleged that Caylee Anthony accidentally drowned.

Apparently, the jury was swayed by something as they returned not guilty verdicts on the most serious charges and only convicted Casey of 4 misdemeanor charges of lying to the police. Media and social outrage ensued. How could the jury acquit her after all the evidence against her?!?! Where is the justice?!? Similar outrage was felt after O.J. Simpson was acquitted of killing his ex-wife and Ron Goldman and at least one major newspaper has labeled Casey as the "new OJ". L.A. rioted when police officers were acquitted of assaulting Rodney King.

So, is our jury system broken? As a lawyer for nearly 17 years, I have felt disappointment when a jury does not find for my client. However, I would never go so far as to say that the system is broken. What we have to understand, and learn, from high profile trials like Casey Anthony and OJ Simpson is that the information that we get is filtered through the media. The media decides what to report to us. The media thrives on ratings and selling newspapers (like anyone reads those anymore). The media has an agenda which they are pushing and this is quite different from the actual evidence which a jury hears in a court of law.

The vast majority of Americans think that the Casey Anthony trial, OJ trial, and Rodney King trial are accurate representations of our legal system. They are not. The vast majority of persons charged with crimes are found guilty. The media only reports on the high profile cases because the other cases don't bring the ratings.

It is easy for us as "arm chair quarterbacks" to second guess a jury the way we second guess our favorite college football coaches. However, this jury sat through ALL the relevant testimony for a month and a half. They had access to all the relevant evidence which you and I did not see. The jury took an oath to follow the law and not be swayed by sympathy and prejudice.

Continue reading "Casey Anthony, OJ, and Rodney King: Is our Jury System Broke?" »

While in the middle of working on a very tedious and lengthy federal court brief, a former client stopped by to meet with my partner, Merrida Coxwell. The client, Roger Harris, was indicted for triple murder in 1993. Merrida tried the case in Hinds County Circuit Court. At the end of the State's case, Judge William Coleman ruled that the State had failed to prove that Roger was responsible for killing anyone. He directed a verdict in Roger's favor on all three murder counts. However, Judge Coleman held that the jury could consider whether Roger committed the "lesser included offense" of aggravated assault against these three victims. The jury convicted Roger of all three counts and he was sentenced to serve 60 years. (Digressing a bit, it is important to note that Roger maintained that he was acting in self defense when he returned fire and denied being the aggressor in the events that night.)

On appeal, I found cases that precluded the State from trying a defendant on a lesser included offense when he is acquitted of the greater crime. Thus, we argued that when Judge Coleman directed a verdict in Roger's favor on the murder charge, it was improper to allow the jury to consider the aggravated assault charges since they were lesser included charges. This is known as double jeopardy, not to be confused with the final round on the popular game show Jeopardy!

Continue reading "Former Client Charged with Murder in Jackson, Mississippi Visited Today" »

This is a shocking and sobering story. The homes of three separate individuals were raided by FBI agents for allegedly downloading child porn on their computers. The feds accused the three of being "creeps" and urged them to come clean of their crimes.

However, the Feds were wrong. Neighbors of the three innocent parites had utilized their unsecured wireless network address and downloaded the child porn. I'm sure the Feds apologized for their actions towards these innocent persons. Yeah right.

Continue reading "Hey Mississippi: FBI child porn raid a strong argument for locking down WiFi networks" »

We've all seen the comic books and movies where Superman uses his x-ray vision to peer through the walls of buildings and containers. To view modern day x-ray vision all one has to do is pass through an airport security check point. In 2007, the Transportation Security Administration ("TSA") began developing Advanced Imaging Technology ("AIT"). The machines make use of x-ray backscatter technology and pass "narrow, low intensity x-ray beams" over the body's surface at high speed. The resulting images clearly show hidden weapons and other secreted contraband. The images also clearly show intimate and private details about an individual's physical features. The use of this technology at airports is allowed because of safety and national security concerns.

AIT, however, is no longer limited to just airports. American Science & Engineering, Inc. ("AS&E") recently developed a mobile-screening system, the Z Backscatter Van ("ZBV"). The ZBV combines AIT with the maneuverability and discreteness of a common work van. Operating in stationary or "drive-by mode," the ZBV produces photo-quality imaging; clearly identifying whether a vehicle contains such contraband as stowaways, drugs, or explosives. Law enforcement's use of vans like the Z Backscatter Van is just a matter of time. Just like Superman, police officers will soon be using x-ray vision to peer into the glove compartments and trunks of vehicles on the road.

When they do . . . will it be legal? We don't know. We all have a constitutional right - found in the Fourth Amendment - to be free from unreasonable searches and seizures by the government. Unlike Superman, however, the law does not "move faster than a speeding bullet" and it traditionally lags behind advancements in technology.

Whether Advanced Imaging Technology sees through the Fourth Amendment as easily as it does everything else is yet to be seen. Inventors have already created x-ray proof underwear for those passing through airport scanners. Are x-ray proof glove compartments and trunks next?

I am one of the people in this country who thinks police powers have gone to far over the past twenty (20). We don't have Constitutional rights and protects to protect who commit crimes, we have them to protect our freedom.

The truth is though some people commit crimes. These people have to have the same rights as everyone else, at all times, just like people who adide by the law. Otherwise where do we drawn the line? Who makes the decison of who gets what rights when? A computer? A bunch of politicans? A group police? I don't think so! Rights are Yours. Know them, understand them, and use them.