Tag Archives: Brandon MS

What You Need To Know If Charged With Sale Of Xanax

If you have been charged with Sale of Xanax in Mississippi, here’s what you need to know:

In Mississippi, Sale of Xanax, also known as Alprazolam, is a felony crime.  Mississippi controlled substance law not only makes selling Xanax illegal, but also makes it illegal for a person to “barter, transfer [or] dispense” Xanax.  The penalty for Sale of Xanax in Mississippi is twenty (20) years in prison and a fine of $1,000.00 (minimum) to $250,000.00 (maximum).

It may appear that a Sale of Xanax charge is easy for the State to prove in Mississippi.  However, Mississippi criminal law provides many defenses to persons accused of selling Xanax (far too many for one post).  One of the most overlooked defenses involves whether the State actually has the Xanax that was sold.  Under Mississippi law, absent some very unusual circumstances, the State will be required to introduce the Xanax into evidence at trial.  Don’t assume that the police have the drugs.  Sometimes the evidence will, for whatever reason, get lost or misplaced.

So how do you know whether the State has the pills?  Your lawyer should make an appointment with the prosecutor and police to view this type of evidence.  It usually only takes a few minutes to view the drugs and verify that the State has them.  However, if the prosecutor is unable to locate the drugs, the Sale of Xanax charge will likely be dismissed.  If your lawyer doesn’t verify that the drugs are present, then you may be missing an opportunity to get the case dismissed.

If you are charged with Sale of Xanax or Alprazolam in Mississippi, you need a criminal lawyer who will fight hard to beat your drug charges.  Please contact Mississippi criminal lawyer Curt Crowley for a free case evaluation at 601.898.0685.  You can also visit his Jackson MS criminal lawyer website for more information.

Criminal Lawyer in Jackson, Mississippi Explains Arson of a Church or Place of Worship

Mississippi law deals severely with persons who are charged with arson of a church or house of worship.  The Mississippi first-degree arson statutes contain a section that deals specifically with setting fire to a church.

The basic elements of church arson in Mississippi are similar to those for arson of a house or dwelling.  Specifically, in order to prove the charge of arson of a church, the State must show: (1) that the defendant willfully and maliciously, (2) set fire to, or burned, or caused to be burned, or was a party to destruction by explosion from combustible material, (3) a church or other place of worship.  Mississippi arson law also provides that a person may be charged and convicted under the arson statute if he aids, counsels or procures the burning of a church or place of worship.

In addition to the above, under Mississippi arson law, a person can be found guilty of arson of a church regardless of whether the church was in use or vacant.

A person charged with arson of a church in Mississippi faces a potential sentence of five (5) to thirty (30) years in prison, and restitution for any property damaged as a result of the arson.  It is noteworthy that this maximum sentence exceeds the maximum sentence for arson of a dwelling by ten (10) years.

Of all crimes in Mississippi, arson is perhaps the most defensible.  Arson is the type of crime that usually has no witnesses, the case is entirely circumstantial, most physical evidence is destroyed by fire, and arson investigators frequently disagree with one another as to the cause and origin of a fire.  The nature of this crime provides a defense on every front for someone charged with arson in Mississippi.

I am a Mississippi criminal defense lawyer and I’m here to help.  If you’ve been charged with arson of a church or other building, please visit my Jackson, Mississippi Criminal Defense website for more information, or call 601.944.1984 for a free case evaluation.

Jackson, Mississippi Criminal Defense Lawyer Explains Felony Possession of Marijuana

Possession of marijuana is illegal under Mississippi law.  Whether or not possession of marijuana is a felony under Mississippi law depends upon how much marijuana was in the person’s possession at the time they were arrested.

Marijuana is weighed by the gram.  If the amount of marijuana is thirty (30) grams or less, then the charge of possession of marijuana is a misdemeanor in Mississippi.  If the amount of marijuana is more than thirty (30) grams, then the person will be charged with possession of marijuana as a felony in Mississippi.

Mississippi law states that the potential penalty for a charge of possession of marijuana also depends upon the weight of the marijuana.  The weights and potential sentences are as follows:

More than 30 grams, but less than 250 grams:  three (3) years in prison and a $3,000.00 fine;

250 grams, but less than 500 grams: two (2) years to eight (8) years in prison and a $50,000.00 fine;

500 grams, but less than 1 kilogram: four (4) to sixteen (16) years in prison and a $250,000.00 fine;

1 kilogram, but less than 5 kilograms: six (6) to twenty-four (24) years in prison and a $500,000.00 fine;

5 kilograms or more: ten (10) to thirty (30) years in prison and a $1,000,000.00 fine.

If you’ve been charged with possession of marijuana in Mississippi, you need an experienced criminal lawyer to protect your interests.  Possession of marijuana carries stiff penalties under Mississippi law.  If you’ve been charged with possession, please call criminal defense lawyer Curt Crowley at 601.944.1984 for a free case evaluation.  You may also visit our Mississippi criminal defense website for more information.

Jackson, Mississippi Criminal Defense Lawyer Discusses Trespassing Charges

Mississippi criminal law makes trespassing illegal.  A person can be charged with trespassing in Mississippi when he “willfully or maliciously” trespasses upon the property of another person.  Trespassing is a misdemeanor, and carries a potential sentence of up to six (6) months in jail and a $500.00 fine.

Mississippi law further makes trespassing upon “enclosed land” a crime.  To be charged with trespassing in Mississippi under the enclosed land statute, the accused must have entered the land without the owner’s consent, and after being warned not to enter the property.  This warning can be either by personal notice from the landowner, or by “POSTED” signs.  Under a separate statute, Mississippi criminal law makes it illegal to deface, remove, alter or destroy “POSTED” signs, even if the accused did not actually trespass on the land.

Even where a person has the owner’s consent to enter property, he can be charged with trespassing if he does not leave when the owner of the property requests that he do so.

There are defenses to trespassing.  For example, if a person reasonably believes that he is on his own property, and mistakenly trespasses on the property of another, then he is not guilty of trespassing.  This most often arises when a person is in the woods or pasture land and goes onto someone else’s land by mistake.

If you have been charged with a crime in Mississippi, please contact us to discuss your options.  You can call Mississippi criminal defense lawyer Curt Crowley at 601.944.1984 for a free consultation.

Jackson, Mississippi Criminal Defense Lawyer Discusses Theft of Gasoline and Drive-offs

Mississippi has special laws that deal with persons who gas-up their cars at convenience stores, then drive-off without paying.

Under a separate provision of the Mississippi petit larceny statute,

any person who leaves the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of a motor vehicle by driving away in that motor vehicle without having made due payment or authorized charge for the motor fuel so dispensed, with intent to defraud the retail establishment, shall be guilty of petit larceny….

The penalty for theft of gasoline in Mississippi includes up to six (6) months in jail, and a fine of $1,000.00.

In addition to jail time and fines, upon a second or subsequent offense, the defendant’s driver’s license will be suspended as follows:

(a) Second offense: Driver’s License shall be suspended for six (6) months;

(b) Third or subsequent offense: Driver’s License shall be suspended for one (1) year.

The penalties for driving off without paying for gas are substantial, especially given the mandatory license suspension for second and subsequent offenses.  If you have been charged or arrested for theft of gasoline, please contact Curt Crowley, a Jackson MS criminal defense lawyer to discuss your case.