Tag Archives: Jackson 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.

Jackson, Mississippi Criminal Lawyer Explains False Statements to Obtain Credit Cards

Mississippi criminal law prohibits making false statements to obtain a credit card.  Mississippi Code Section 97-19-11 makes it illegal to “directly or indirectly” makes 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 of this crime, a person is facing a sentence of six (6) months in jail and a fine of $1,000.00.

Mississippi limits this statute to false statements regarding identity.  This law was obviously enacted in response to the related crime of identity theft.  Other statements one might falsify on a credit card application, such as 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.  If you have been arrested for this crime or other fraud-related offenses, please contact Jackson, Mississippi criminal defense lawyer Curt Crowley at 601.944.1984 to discuss your case.  As always, there is no cost for an initial consultation.

Matt Steffey Pops Off About Karen Irby, And Gets It Wrong, As Usual

Nonlawyer Matt Steffey continues to break his own record for utterly stupid statements.  In yet another Jimmie Gates article, the learned professor weighs in heavy on Karen Irby’s claim that she was being assaulted by Stuart Irby as she was driving.  She contends that this attack is what led her to enter the oncoming lane of traffic and strike another vehicle.

Professor Neverhandledacriminalcaseinhislife dismissed the claims:

Absent of corroboration, I have to take all these things with a grain of salt.

This single sentence demonstrates once again that Matt Steffey is exactly where he needs to be–in a classroom setting far away from a courtroom where he might hurt somebody.  The fact of the matter is that there was corroboration of her story.  Her story is corroborated by (1) the manner in which the accident happened; (2) a rate of speed which is inconsistent with alcohol impairment; (3) simple biomechanics and principles of human reaction; and (4) Stuart’s well-documented history violence against Karen and at least one of the children–a fact that has been verified by law enforcement.

These facts have been well-publicized in media outlets, and it seems likely that Steffey would have known about these facts before he opened his blowhole.  The problem with Steffey is that he doesn’t understand the importance of these facts.  In other words, he does not understand that these facts could very well have convinced a jury to acquit Ms. Irby.  The reason he does not understand why these facts are important is because (1) Steffey is not a lawyer; (2) he has never handled a criminal case in his life; and (3) and never tried a jury trial of any type or nature.

I understand that reasonable legal minds could differ over whether Ms. Irby’s claims are true.  For example, the Hinds County District Attorney’s office does not believe Ms. Irby’s version of events, and points to other evidence of her guilt.  That’s a legitimate argument.  It’s also an argument that the prosecutors are qualified to make.  Unlike Steffey, these prosecutors (1) have a license to practice law; (2) actually practice criminal law; (3) have trial trial experience; and (4) reviewed the evidence of the case in great detail.

On the other hand, Steffey’s pronouncement of a total lack of corroboration is just ignorant.  If anything should be taken with a grain of salt, it is Matt Steffey’s opinion on anything even remotely related to law.  If anyone out there knows Steffey personally, or happens to care about him, please tell him to shut up for his own good.  The more he talks, the more he looks like a clueless bafoon to the rest of the legal community.

Jackson, Mississippi Criminal Lawyer Discusses Failure to Report Under Mississippi Criminal Law

Any criminal lawyer in Mississippi will tell you that Mississippi law generally does not require citizens to report crimes or even emergencies to the appropriate authorities.  However, a very narrow exception to this rule exists when it comes to a person who accidentally starts a fire at a church or state-supported school.  Pursuant to Mississippi Code Section 97-17-3(2), any person who accidentally starts a fire at a church or school is required to alert appropriate authorities, such as the fire department, to report the fire.

Failure to report a fire under these circumstances is a felony, and has a potential sentence of two (2) years to ten (10) years in prison, and restitution for any property damage as a result of the fire.

This statute does not make it a crime to accidentally start a fire (to qualify as arson in Mississippi the fire must be intentionally set).  This law makes it a crime to fail to report a fire that the person accidentally started.  And again, this law applies only where the building that caught fire was a state-supported school or church.

If you have been charged with a crime relating to arson in Mississippi, please contact Mississippi criminal lawyer Curt Crowley at 601.944.1984.  There is no charge for an initial consultation.

Jackson, Mississippi Criminal Defense Lawyer Discusses Possession of Marijuana With Intent to Sell or Distribute

If you’ve been charged with possession with intent to sell or distribute marijuana in Mississippi, there are some things you need to know.

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.

The penalties for possession with intent to sell or distribute marijuana in Mississippi are severe.  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 that the accused possessed the marijuana with the intent to sell or distribute.  Intent must be proven beyond a reasonable doubt.  Sometimes there is direct evidence of intent, such as where a person who has agreed to deliver marijuana to an informant is arrested on the way to make the delivery.  Most cases, however, are based on 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.  In order to charge and convict a person based upon the amount of marijuana, Mississippi prosecutors must prove that the amount of marijuana in his possession exceeded the amount that would be reasonable for personal use.  Mississippi law states that if the amount of marijuana could just as likely be for personal use, as it was for sell or distribution, then the person cannot be convicted of possession with intent.  The proper charge in such a case would be simple possession of marijuana

In addition to the amount of marijuana, Mississippi law states that the packaging of the marijuana as well as other evidence of drug trafficking may be used to show possession with intent to sell or distribute.

In Mississippi, it is seldom easy for the State to prove possession with intent based upon the weight and packaging of marijuana.  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 stated 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).  Instead of possession with intent to sell or distribute marijuana, the defendant could only be convicted of simple possession of marijuana.  This is significant, as the penalties for simple possession are much less than those for possession with intent.

If you have been charged with possession with intent to sell or distribute marijuana in Mississippi, there are defenses available.  You need a criminal defense lawyer to handle your case and protect your interests.  Please call Curt Crowley at 601.944.1984 for a free consultation.  For more information, please feel free to visit our Mississippi criminal defense website.

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 What You Need To Know If Charged With Possession Of Stolen Property

If you’re charged with possession of or receiving stolen property in Mississippi, here are some things you need to know.  

A person is guilty of possession of stolen property or receiving stolen property under Mississippi law if he intentionally possesses, receives, retains or disposes of stolen property.  Mississippi law requires that a person charged with receiving or possession of stolen property either (1) know that the property is stolen, or (2) have reasonable grounds to believe that the property is stolen. 

Under Mississippi law, the standard for deciding whether a person should have known the property was stolen is whether the accused received the stolen property under circumstances that reasonable men would believe the property was stolen.  The State sometimes tries to prove this by showing that the accused person paid a lot less for the property than the property was worth.  For example, if a person buys a Glock pistol for $50.00, when the fair market value is $500.00, then he obviously should know that it is stolen.  In such a case, the person would likely be found guilty of possession or receiving stolen property in Mississippi.

Whether possession of stolen property is a felony or a misdemeanor in Mississippi depends on the value of the property.  If the property has a value of $500.00 or less, then it is a misdemeanor which carries a sentence of six (6) months in the county jail.  If the stolen property has a value of more than $500.00, then it is a felony, with a potential sentence of ten (10) years in prison and a fine of $10,000.00.

There are defenses to the charge of possession or receiving stolen property in Mississippi.  These cases are easiest to defend where the State tries to prove that the defendant paid so much less for the property than it was worth, that he should have known it was stolen.  As an example, I once had a client who purchased a stolen vehicle for $750.00 from another individual (my client did not know it was stolen).  The Blue Book value of the vehicle was around $6,000.00.  However, when my client bought the car, the engine was knocking and leaking oil, and the transmission needed to be replaced.  Under those circumstances, my client likely overpaid for the car.  After presenting those facts to the prosecutor, the State dismissed the possession of stolen property charge against my client.

If you have been charged with possession of stolen property or receiving stolen property, don’t assume you are guilty.  Please contact Jackson, Mississippi criminal defense attorney Curt Crowley at 601.944.1984 for a free case evaluation.