In Mississippi, felonies are serious crimes punishable by more than one year in prison, while misdemeanors carry penalties of up to one year in jail. Felonies include crimes like murder, armed robbery, and drug trafficking. Misdemeanors include offenses like simple assault, shoplifting, and first-time DUI. The distinction affects your rights, employment prospects, and sentencing options.

No. You have the right to remain silent and request an attorney. Anything you say can be used against you in court, even if you believe you're helping your case. Police are trained interrogators, and innocent statements can be misinterpreted. Always invoke your right to counsel and contact William Wayne Housley immediately at 662-222-0900.

Yes, even misdemeanor convictions can impact employment, housing, professional licenses, and educational opportunities. Many employers conduct background checks, and some professional boards may deny licenses for criminal convictions. It's crucial to fight these charges with experienced legal representation to protect your future.

First offense DUI in Mississippi carries up to 48 hours in jail, fines up to $1,000, and 90-day license suspension. Second offense: up to 1 year in jail, fines up to $3,000, and 2-year license suspension. Third offense is a felony with up to 5 years in prison. Additional penalties include ignition interlock devices, alcohol safety education, and increased insurance costs.

Yes, but Mississippi has implied consent laws. Refusing a breathalyzer results in automatic license suspension - 90 days for first refusal, 1 year for second refusal, and 5 years for third refusal. However, refusal can sometimes make the prosecutor's case more difficult. Each situation is unique and requires careful legal analysis.

DUI charges can be challenged on multiple grounds: improper traffic stop, faulty breathalyzer calibration, officer training deficiencies, medical conditions affecting test results, and constitutional violations. Field sobriety tests are subjective and can be challenged. An experienced DUI attorney will examine all evidence and identify weaknesses in the prosecution's case.

Murder requires intent to kill or cause serious bodily harm. Capital murder includes murders committed during felonies, multiple victims, or peace officers. Manslaughter is killing without malice, often in sudden passion or heat of the moment. The distinction is crucial as murder carries life imprisonment or death penalty, while manslaughter carries lesser penalties.

Simple assault is attempting to cause or causing bodily injury, punishable by up to 6 months in jail. Aggravated assault involves serious bodily injury or use of a weapon, carrying up to 1 year in prison. Domestic violence assault has enhanced penalties and protective order implications. Each charge requires specific defense strategies based on the circumstances.

Domestic violence cases involve special procedures including mandatory arrest policies, protective orders, and enhanced penalties for repeat offenses. Prosecutors often proceed even if the victim doesn't want to press charges. Convictions can result in loss of gun rights, military discharge, and immigration consequences. These cases require specialized defense approaches and understanding of family dynamics.

Possession involves having controlled substances for personal use, while trafficking involves larger quantities intended for distribution or sale. Mississippi determines trafficking based on weight thresholds - for example, 30+ grams of cocaine or 1+ ounce of marijuana can trigger trafficking charges. Trafficking carries mandatory minimum sentences, while simple possession may qualify for drug court or diversion programs.

Police can search vehicles without warrants under certain circumstances: consent, plain view of contraband, search incident to arrest, or probable cause to believe evidence exists in the vehicle. However, these searches must follow constitutional guidelines. Many drug cases are won or lost on Fourth Amendment search and seizure issues. Any questionable search should be challenged by experienced counsel.

Mississippi's drug court offers treatment-focused alternatives to incarceration for eligible drug offenders. Participants must complete intensive supervision, drug testing, counseling, and treatment programs. Successful completion can result in dismissed charges or reduced sentences. Not all cases qualify, and violation of program terms can result in original sentence imposition. Legal representation is crucial for drug court applications.

Mississippi recognizes both fault and no-fault grounds for divorce. No-fault grounds include irreconcilable differences (with mutual consent) and living separate without cohabitation for 2+ years. Fault grounds include adultery, imprisonment, drug/alcohol abuse, cruel and inhuman treatment, and others. The chosen grounds can affect property division, alimony, and custody decisions.

An uncontested no-fault divorce in Mississippi typically takes 60-90 days after filing, assuming both parties agree on all terms. Mississippi has a 60-day waiting period from filing to final decree. Contested divorces involving property disputes, custody battles, or disagreement on terms can take 6 months to several years depending on complexity and court schedules.

Mississippi courts may award alimony based on factors including marriage length, parties' financial needs and abilities, standard of living during marriage, age and health of parties, and contribution to the other's education or career. Alimony can be temporary (during divorce proceedings), rehabilitative (time-limited), or permanent (rare cases). Fault in the marriage breakdown can also influence alimony awards.

Mississippi courts prioritize the child's best interests when determining custody. Factors include each parent's moral character, mental and physical health, home stability, willingness to encourage the other parent's relationship with the child, and the child's preference (if age-appropriate). Joint custody is preferred when both parents can cooperate effectively for the child's welfare.

Mississippi uses the Income Shares Model based on both parents' gross income and the number of children. The court considers daycare costs, health insurance premiums, and extraordinary medical expenses. Support continues until the child reaches 21, graduates high school, marries, becomes emancipated, or dies. Modifications require substantial changes in circumstances and court approval.

Yes, custody orders can be modified when there's a material change in circumstances affecting the child's best interests. Examples include relocation, changes in work schedules, remarriage, substance abuse issues, or the child's changing needs. Mississippi requires waiting 2 years after the original order unless the child's physical or emotional health is endangered.

Inability to pay child support doesn't eliminate the obligation, and unpaid support accrues as a debt. Mississippi can garnish wages, seize tax refunds, suspend driver's licenses, and even impose jail time for willful non-payment. If you experience genuine financial hardship, seek immediate court modification rather than simply stopping payments. Legal representation is essential for support modification requests.

In Mississippi, you generally have 30 days from the date of sentencing to file a notice of appeal for criminal cases. This deadline is strict and cannot be extended except in very limited circumstances. Missing this deadline typically bars your right to appeal. It's crucial to contact an appellate attorney immediately after conviction to preserve your appeal rights.

Criminal appeals can be based on legal errors during trial, such as improper jury instructions, evidence wrongly admitted or excluded, prosecutorial misconduct, ineffective assistance of counsel, or constitutional violations. Appeals focus on legal issues, not re-examining facts. The appellate court reviews whether the trial court made errors that affected the outcome of your case.

Yes, most family court decisions can be appealed to the Mississippi Court of Appeals, including divorce decrees, custody orders, and support modifications. You typically have 30 days from the final judgment to file your appeal. Family law appeals often involve claims of abuse of discretion by the trial court or misapplication of legal standards regarding child custody or property division.

Mississippi allows expungement for certain misdemeanor convictions, non-adjudicated arrests, and some felony convictions under specific circumstances. Generally, you can petition for expungement of one misdemeanor after 5 years with no subsequent convictions. Some felonies may be eligible after completing all terms of sentence. Violent crimes, sex offenses, and DUI convictions typically cannot be expunged.

The expungement process in Mississippi typically takes 3-6 months from filing to completion. The court must notify law enforcement agencies and the district attorney, who have 30 days to object. If there are no objections and you meet all eligibility requirements, the court will grant the expungement order. Multiple agencies must then update their records, which adds time to the process.

An expungement removes records from public view, but doesn't completely destroy them. Law enforcement agencies may still access expunged records for certain purposes. You can generally answer "no" when asked about the expunged conviction on job applications, but some professional licenses and government positions may still require disclosure. Expungement significantly improves employment prospects and background check results.