Author Archives: Bill Kellum

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Miss. Code Ann. § 97-3-117 defines carjacking as “knowingly or recklessly, by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempting to do so, or by any other means taking a motor vehicle from another person’s immediate actual possession.” .  

To obtain a conviction for the charge of carjacking, the prosecution must show that, 1) a vehicle was forcibly or sneakily taken; 2) from another person; and; 3) that the other person was in immediate possession of the vehicle when it was taken

However, the first requirement does not necessarily require that the car be taken through a violent act or even through fear and intimidation.   If the defendant took control of the vehicle while the owner was pumping gas, the first requirement is applicable.

The victim does not necessarily have to be in the car to be convicted of car jacking.  In the Mississippi case of Young v. State, a husband and wife were washing their cars at a local car wash.  As the couple was washing the husband’s car, the defendant took the keys from the wife and took her car parked in the next bay.  The defendant was charged with carjacking.  His defense to the charge was that the wife was not actually inside of the vehicle and not in “immediate possession” of the vehicle. So, therefore, the actual crime of carjacking did not occur.  The court held that “we cannot agree that the legislature intended the statute be construed so literally as to mean that a person commits a carjacking only when an individual is physically inside the vehicle.”  Young v. State, 962 So.2d 110 (Miss.Ct.App.2007).

A conviction of carjacking carries a fine of up to $5,000 and up to 15 years incarceration.  Miss. Code Ann. § 97-3-117 (1) (a).

Mississippi  statute further holds that anyone convicted for attempted carjacking will receive the same punishment as an actual carjacking .   Miss. Code Ann. § 97-3-117 (1) (b).

If someone is convicted twice of armed robbery in connection with a carjacking or even for simple carjacking the punishment doubles.  A second offense of armed carjacking could result in 60 years incarceration  Miss. Code Ann. § 97-3-117 (3).

The use of a dangerous or deadly weapon, including imitations of deadly weapons, will enhance the crime of carjacking into Armed Carjacking. Miss. Code Ann. § 97-3-117 (2), A conviction for armed carjacking can result in increased penalties.  The fine for armed carjacking can be as high as $10,000 in fines and up to 30 years in prison.  Miss. Code Ann. § 97-3-117 (2) (a).

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Miss. Code Ann. § 97-3-79., defines armed robbery as “feloniously [taking] the personal property of another, “by the exhibition of a deadly weapon” in his presence or from his person and against his will, by violence to his person or by putting such person in fear of some immediate injury to his person . . . .” .

To obtain a conviction for the charge of robbery, the prosecution must show that, 1) That you had a “felonious intent;”; 2) that you used force or putting in fear as a means of effectuating a theft; 3) that a deadly weapon was used and: 4) that you took and carried away someone else’s property from the victim’s person or in the victim’s presence.

  The punishment for armed robbery may include a life sentence.

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Under Mississippi Code Ann §41-31-1 et seq, individuals suffering for drug and alcohol abuse may be involuntarily committed to a private facility.  The law requires that the person asking the court to do so be either a spouse, parent, next of kin, friend or relative.  The Petition for Involuntary Commitment must be filed in the county of the patient’s residence or county in which he or she is found.

The Petition must allege that the patient is an alcoholic or drug addict, a Mississippi resident who is unfit to manage their affairs, OR a danger to themselves or others, OR lost the power of self-control, AND who is in need of care and treatment, AND that treatment will improve the health of the patient.

Upon filing the Petition, a hearing will be set, summons issued and hearing held five to twenty days after filing.  The Defendant must served not less than three days before the hearing.

At the commitment hearing, the Chancellor will hear evidence presented by the Petitioner.  Such evidence may consist of the testimony of witnesses.  The Chancellor may also order an examination of the Defendant.

The Court will consider all of the above factors to determine whether involuntary commitment is appropriate.  If Petition is granted, the judge will enter an order for 30-90 days of treatment

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Under Mississippi Code Ann §41-32-1 et seq, individuals suffering for drug and alcohol abuse may be involuntarily committed to a private facility.  The law requires that the person asking the court to do so be either a spouse, parent, next of kin, friend or relative.  The Petition for Involuntary Commitment must be filed in the county of the patient’s residence or county in which he or she is found.

The Petition must allege that the patient is an alcoholic or drug addict, who is powerless over alcohol or drugs and whose life is unmanageable.  The Petition must also allege that the mental and physical health, continued family life, position in the community are dependent upon receiving treatment and that the patient has refused to self-commit despite requests; that the petitioner has selected a treatment facility or combination of facilities; financial arrangements have been made and that the facility has approved admission, subject to commitment by Court.

The Court will consider all of the foregoing factors plus “clear and convincing” evidence that involuntary commitment is appropriate.  The length of treatment may be for 60 days maximum and an additional 120 days as an outpatient or longer if the treatment facility decides additional treatment is warranted.

 

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Mississippi Code Section 41-29-139 makes it a felony crime to “sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell barter, transfer, distribute or dispense” marijuana.

 If the amount of marijuana involved is less than 30 grams, the potential sentence is three (3) years in prison, and a $3,000.00 fine.  In the case of a first offender who is charged with possession with intent to sell or distribute more than 30 grams, but less than 1 kilogram or marijuana, the potential sentence is twenty (20) years in prison, and a fine of $30,000.00.  In all other cases, the potential sentence is thirty (30) years in prison, and a fine of $5,000.00 (minimum) to $1,000,000.00 (maximum).

In Mississippi, the State must prove beyond a reasonable doubt that the accused possessed the marijuana with the intent to sell or distribute.  The government is allowed to prove intent through the use of circumstantial evidence.

Under Mississippi law, the State may try to prove that a person had the intent to sell or distribute by showing that the amount of the marijuana in the person’s possession is proof of intent to sell.  To charge and convict a person based upon the amount of marijuana, the government must prove that the marijuana in his possession exceeded the amount that would be reasonable for personal use.  If the amount of marijuana could be for personal use, as well as to sell or distribute, then the person cannot be convicted of possession with intent.

Additionally, the packaging of marijuana as well as other evidence of drug trafficking may be used to prove possession with intent to sell or distribute.

Proving possession with intent based upon the weight and packaging of marijuana is difficult.  The Mississippi Supreme Court has held that where a defendant was caught with 323.4 grams of marijuana, two (2) scales, a device used to hold marijuana, rolling papers, and $356.00 in cash, there was insufficient evidence of intent to sell or distribute.  The Court held that the amount of marijuana was within the amount that a person could reasonably use, and that the holding device and rolling papers were consistent with using marijuana, not selling it.  Jowers v. State, 593 So.2d 46 (Miss. 1992).

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Making false statements to obtain a credit card is prohibited by law in Mississippi.  Mississippi Code Section 97-19-11 makes it illegal to “directly or indirectly” provide a “false statement in writing with intent that it be relied upon with respect to his identity or that of any other person, firm or corporation.”

In Mississippi, providing false information to obtain a credit card is a misdemeanor.  If convicted, a person is faces a sentence of six (6) months in jail and a fine of $1,000.00.

Mississippi Code Section 97-19-11 limits false statements to those regarding identity.   Other false statements such as those involving income, do not fall under this statute.  However, lying about such other matters to obtain a credit card may be illegal under other state and federal criminal statutes.  There are defenses to the charge of making false statements to obtain credit cards in Mississippi.

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§ 97-19-21. Credit cards; use to obtain things of value or to operate automatic cash dispensing machines with intent to defraud; penalties.

Mississippi Statutes
Title 97. CRIMES
Chapter 19. FALSE PRETENSES AND CHEATS
Current through 2014 Second Extraordinary Session
§ 97-19-21. Credit cards; use to obtain things of value or to operate automatic cash dispensing machines with intent to defraud; penalties

(1) It is unlawful for any person, with intent to defraud the cardholder, the issuer, a person or organization providing money, goods, property, services or anything else of value, or any other person, (a) to use a credit card or credit card number obtained or retained in violation of Sections 97-19-5 through 97-19-29 , or a credit card which he knows is forged, for the purpose of obtaining money, goods, property, services or anything else of value, or (b) to obtain money, goods, property, services or anything else of value (i) by representing without the consent of the cardholder that he is the holder of a specified card, or (ii) by representing that he is the holder of a card when he has reason to know that such card has not in fact been issued, or (iii) by representing that he has been authorized to use the credit card or credit card number.
(2) It is unlawful for any person, with intent to defraud the cardholder or issuer of a credit card used in the operation of an automatic unmanned cash dispensing machine, to use such card for the purpose of obtaining money from such machine.
(3) Any person convicted for a violation of subsection (1) or (2) of this section shall be punished as follows:
(a) For a first offense of violating subsection (1) or (2) of this section, whenever the value of the money, goods, property, services or other thing of value obtained or attempted to be obtained is less than One Hundred Dollars ($ 100.00), the person committing the offense shall be punished by a fine not to exceed One Thousand Dollars ($ 1,000.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment.
(b) For a second or subsequent offense of violating subsection (1) or (2) of this section, whenever the value of the money, goods, property, services or other thing of value obtained or attempted to be obtained is less than One Hundred Dollars ($ 100.00), the person committing the offense shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($ 100.00) nor more than One Thousand Dollars ($ 1,000.00), or by imprisonment in the State Penitentiary for a term not to exceed three (3) years, or by both such fine and imprisonment.
(c) Whenever the value of the money, goods, property, services or other thing of value obtained or attempted to be obtained is One Hundred Dollars ($ 100.00) or more, the person committing the offense, whether the offense is a first, second or subsequent offense, shall be guilty of a felony and such person, upon conviction, shall be punished as provided in paragraph (3)(b) of this section.
(4) For the purpose of determining the punishment to be imposed under subsection (3) of this section, the value of all money, goods, property, services and other things of value obtained or attempted to be obtained by two (2) or more uses of the same credit card shall be aggregated.

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§ 97-19-31. Credit cards; use of credit numbers or other credit device to obtain credit, goods, property or services.

Mississippi Statutes
Title 97. CRIMES
Chapter 19. FALSE PRETENSES AND CHEATS
Current through 2014 Second Extraordinary Session
§ 97-19-31. Credit cards; use of credit numbers or other credit device to obtain credit, goods, property or services

(1) It shall be unlawful for any person knowingly to obtain or attempt to obtain credit, or to purchase or attempt to purchase any goods, property or service, by the use of any false, fictitious, counterfeit or expired telephone number, credit number or other credit device, or by the use of any telephone number, credit number or other credit device of another without the authority of the person to whom such number or device was issued, or by the use of any telephone number, credit number or other credit device in any case where such number or device has been revoked and notice of revocation has been given to the person to whom issued.

(2) It shall be unlawful for any person to use or to assist another to use a credit number or other credit device in connection with any fraudulent scheme, means or method with intent to defraud the issuer of such credit number or other credit device.

(3) It shall be unlawful for any person to obtain or attempt to obtain by the use of any false or fraudulent scheme, device, means or method, telephone or telegraph service or the transmission of a message, signal or other communication by telephone or telegraph, or over telephone or telegraph facilities.

(4) The word “notice” as used in subsection (1) of this section shall be construed to include either notice given in person or notice given in writing to the person to whom the number or device was issued. The sending of a notice in writing personally signed by the issuer or his duly authorized agent or employee by registered or certified mail in the United States mail, duly stamped and addressed to such person at his last address known to the issuer, shall be prima facie evidence that such notice was duly received.
(5) Any person who violates any provision of subsections (1), (2) or (3) of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Fifty Dollars ($ 50.00) nor more than Five Hundred Dollars ($ 500.00) or imprisonment for not more than one (1) year, or by both such fine and imprisonment.

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Child support is generally awarded during a divorce, paternity, separate maintenance or custody action.  Mississippi child support statutes provide guidelines for noncustodial parents using the percentage of his or her adjusted gross income (gross income minus mandatory deductions) to determine payments.  The percentages are as follows:

[1] 14% for one child;
[2] 20% for two children;
[3] 22% for three children;
[4] 24% for four children; and,
[5] 26% for five or more children.

The statute presumes that the guidelines are correct for individuals with an adjusted gross yearly income between $5,000 and $50,000. The court may award an upward or downward adjustment from the guidelines based on expenses of the parents, the needs of the children, or other particular facts of the case.

In determining child support payments, the court will consider an individual’s gross income from all sources. Part time employment Income would likely be included in gross income in Mississippi if the work is consistent and reliable.

After calculating gross income, the individual’s gross income is adjusted for taxes, other mandatory deductions (i.e. state tax with holdings) and support for other children. Statutory percentages are then applied to the adjusted gross income to determine the correct amount of child support. The court may order a lower or higher payment based on certain criteria.  The court may order payment of expenses not covered by child support payments such as health insurance, uncovered medical expenses, and college expenses.

The obligation to pay child support continues in Mississippi until each child reaches the age twenty one (21) or is otherwise emancipated.

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Title 97 – CRIMES
Chapter 9 – OFFENSES AFFECTING ADMINISTRATION OF JUSTICE
Article 1 – IN GENERAL
§ 97-9-59 – Perjury; definition

Universal Citation: MS Code § 97-9-59 (2013)

Every person who shall wilfully and corruptly swear, testify, or affirm falsely to any material matter under any oath, affirmation, or declaration legally administered in any matter, cause, or proceeding pending in any court of law or equity, or before any officer thereof, or in any case where an oath or affirmation is required by law or is necessary for the prosecution or defense of any private right or for the ends of public justice, or in any matter or proceeding before any tribunal or officer created by the Constitution or by law, or where any oath may be lawfully required by any judicial, executive, or administrative officer, shall be guilty of perjury, and shall not thereafter be received as a witness to be sworn in any matter or cause whatever, until the judgment against him be reversed.

Perjury is the deliberate misrepresentation of a  “material matter,” in a legal proceeding after having taken an oath to tell the truth.   A “material matter,” is a matter that is relevant to the case being tried.  If you are testifying about a crime, the false statement must be relevant to that crime.

Perjury may be committed in criminal cases, civil cases, or “in any case where an oath or affirmation is required by law . . . .”  This includes making a misrepresentation on an affidavit or sworn statement given to law enforcement.  In order to be convicted of perjury, two witnesses must testify to the truth of the matter about which you swore falsely, or at least one witness must testify, along with corroborating circumstances.

The penalties for perjury can be severe.  If you are convicted of perjury in a capital or felony offense, you may be imprisoned for not less than ten years.  In other cases, sentencing can include imprisonment for a term of no more than ten years.

Conviction for the “subornation” of perjury may also lead to imprisonment.  Subornation means aiding or causing another to make material misrepresentations for you in a case, matter, or proceeding.  Conviction for the subornation of perjury can include up to ten years imprisonment.