Grand larceny and the “intent to steal”
If you are charged with grand larceny in Mississippi, the prosecution must show that the defendant had animus furandi or "intent to steal". To prove "animus furandi", the prosecution needs to prove intent to deprive the owner of his property permanently, or an intent to deal with another's property unlawfully in such a manner as to create an obviously unreasonable...[ read more ]
Forfeiture of property to the Mississippi Bureau of Narcotics
Mississippi Code Ann 41-29-177 provides State of Mississippi law enforcement agencies with the authority to seize property under the Uniform Controlled Substances Law. If property such as money, guns or automobiles are discovered during an arrest for drug related offenses, the State may petition the court for forfeiture. The State must identify the items seized and file the petition within...[ read more ]
Determination of Heirs
When a person dies without a will, his or her property will pass to known or unknown heirs through the laws of intestate succession. Intestate succession is an operation of law in the following scenarios: Spouse and children. If the decedent has a spouse and children, the decedent’s assets are divided into equal shares for the spouse and the children. The...[ read more ]
Administrating an Estate in Mississippi
When a person dies without leaving a will, the heirs of the deceased may open what is known as an Administration Estate. The administration estate provides for the orderly distribution of the decedent's property. Such distribution is made according to the Mississippi laws of intestate succession. If the decedent has a spouse and children, the decedent’s assets are divided...[ read more ]
Destruction of a writing in Mississippi
§ 97-21-21. Destruction, erasure, or obliteration of writing deemed forgery The total erasure, obliteration, or destruction of any instrument of writing, with the intent to defraud, by which any pecuniary obligation or any right, interest, or claim to property, shall be or shall be intended to be created, increased, discharged, diminished, or in any manner affected, shall be forgery in...[ read more ]
Mail Fraud
Mail and wire fraud statutes make it crime for any one to use the mails or wires in furtherance of a scheme to defraud. The fraudulent statements themselves need not be transmitted by mail or wire; it is only required that the scheme to defraud be advanced, concealed or furthered by the use of the U.S. mail or wires. 18 U.S.C....[ read more ]
Forgery of Deeds in Mississippi
§ 97-21-63. Will, deed, certificate of acknowledgment or proof of recordable instrument. Every person who shall be convicted of having forged, counterfeited, or falsely altered any will of real or personal property, or any deed or other instrument, being or purporting to be the act of another by which any right or interest in real or personal property shall be...[ read more ]
Title Insurance Fraud in Mississippi
Title insurance provides protection for buyers in a home sales transaction. The insurance policy will usually provide limited coverage for issues such as a transfer of a defective title, or a breach of contract terms by the seller. As with other types of transactions, the risk of fraud exist in title insurance and is often difficult to detect. Some common title...[ read more ]
Sentencing Guidelines in Federal Court
18 U.S. Code § 3559 - Sentencing classification of offenses (a) Classification.— An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is— (1) life imprisonment, or if the maximum penalty is death, as a Class A felony; (2) twenty-five years or more, as a Class B felony; (3) less...[ read more ]
Plea Bargain Paper
Most criminal cases in federal court are resolved not by trials, but by plea bargains. In order to negotiate a successful plea agreement, defense counsel must understand what kind of agreements can be made and the effect of each kind on the client s sentencing exposure. Although plea agreements are generally referred to and treated as contracts, they are like...[ read more ]
