Cynthia A. Stewart, P.AMississipi Criminal Trial Lawyer2024-03-12T03:13:53Zhttps://www.mississippitrial.com/feed/atom/WordPress/wp-content/uploads/sites/1101069/2019/01/cropped-site_icon-1-32x32.jpgOn Behalf of Cynthia A. Stewart, P.A.https://www.mississippitrial.com/?p=473642024-03-06T04:14:30Z2024-03-12T03:13:53ZA more serious type of theft?
Embezzlement is often confused with the crime of theft; however, it is much more serious because it involves a relationship of trust between parties. It is also important to note that embezzlement of public funds is an automatic felony in Mississippi, making it a very serious crime.
Examples of embezzlement
A father entrusts his son to care for his money, and the son takes those funds for his own gain.
A company’s accountant takes money from the company’s funds for personal use.
Embezzlement can happen in many other ways, but it's always a serious crime that people should be extremely cautious of. The severity of the punishment for embezzlement depends on the quantity and type of stolen assets.
Felony or misdemeanor?
Under Mississippi law, if a person embezzles property or assets valued at or above $500, the state can charge them with a felony. Under $500, the charge is usually a misdemeanor.
The penalties for both, however, are serious. At the misdemeanor level, the individual faces the possibility of jail time and a fine of at least $1,000. Felony cases usually carry much greater fines, often at or above $25,000, and prison time of up to 10 years.
Embezzlement is a serious charge. Understanding the crime of embezzlement, the elements that constitute the crime, and its defenses is important because of the lasting and life-altering effects of a conviction.
]]>On Behalf of Cynthia A. Stewart, P.A.https://www.mississippitrial.com/?p=473672024-03-06T04:14:23Z2024-03-12T03:13:52Zreasonable suspicion and proceed to determine probable cause for an arrest is essential for any driver.
Establishing reasonable suspicion
Reasonable suspicion for a drunk driving stop can arise from various observations. These might include erratic driving behavior such as swerving, speeding or braking irregularly. It can also come from traffic violations like running a stop sign.
Field sobriety tests
Once a driver is stopped, officers may conduct field sobriety tests if they suspect drunk driving. These tests assess a driver's balance, coordination and ability to perform tasks requiring divided attention. Standardized field sobriety tests include:
The horizontal gaze nystagmus test
The walk-and-turn test
The one-leg stand test
Performance on these tests can provide further evidence of impairment. These tests are subjective and can be influenced by various factors, including the driver's physical condition and nervousness.
Chemical tests for probable cause
To establish probable cause for an arrest, officers often rely on chemical tests, which provide more objective evidence of intoxication. These tests measure the alcohol content in a driver's breath, blood or urine. The most common is the breathalyzer test, which measures the blood alcohol concentration (BAC) in a driver's breath.
A BAC level at or above the legal limit, typically 0.08%, can provide probable cause for an arrest. Refusal to submit to these tests post-arrest can result in penalties because implied consent laws require drivers to comply with BAC testing.
The transition from reasonable suspicion to probable cause
The progression from reasonable suspicion to probable cause is critical to a drunk driving stop. Reasonable suspicion allows an officer to stop and detain a driver for further investigation, while the results of field sobriety and chemical tests can elevate the situation to probable cause, justifying an arrest.
Understanding the concepts of reasonable suspicion and probable cause is vital for drivers. For drivers, being aware of these standards can provide insight into the legal processes and their rights during a traffic stop for suspected drunk driving. Those who have already been arrested can benefit from seeking personalized legal guidance, however, as each case is ultimately unique.]]>On Behalf of Cynthia A. Stewart, P.A.https://www.mississippitrial.com/?p=472522023-07-24T08:04:49Z2023-07-27T08:04:23ZDriving after using medication
A doctor's recommendation for a medication does not diminish the side effects that the drug has on an individual. There are many types of drugs, ranging from narcotic pain relievers and muscle relaxants to anti-epilepsy drugs and psychiatric medications that diminish someone's ability to drive. Anyone who gets behind the wheel after ingesting a medication that might affect their cognition or motor function could end up prosecuted for impaired driving even if the prescription they have is totally valid.
Sharing medication with others
Some medications cost hundreds of dollars at the pharmacy even when people have health insurance, and those who have paid for their medication may not relish the idea of tossing out the remnants or turning them in at the local police department. However, a prescription is only lawful permission for one person to possess and use the medication as recommended by a doctor. Any attempt to transfer either the physical medication itself or to give the prescription paperwork to another person could lead to the prosecution of the individual who transfers their medication.
Seeking an unregulated source
Given how expensive prescription medication can be, some people would rather obtain a recent prescription from a supplier other than their local pharmacy. Buying extra medication from a family member or neighbor might seem like a reasonable way to cut costs, but someone caught after purchasing medication from an unregulated supplier could end up in major trouble. Prescribed medications are only legal to possess when someone has a current and valid prescription and when the medication itself comes from a licensed facility.
What seems like common-sense or money-saving solutions might actually put someone at risk of prosecution. Avoiding common mistakes related to prescription medication may help someone get the medical support they need without running afoul of the law in Mississippi.]]>On Behalf of Cynthia A. Stewart, P.A.https://www.mississippitrial.com/?p=472512023-04-25T07:56:06Z2023-04-28T07:55:00Zviolation of your rights to enter the home without your consent unless an emergency exception to this rule applied due to particularly urgent, legally-approved circumstances.
You do not have to let them inside
One important thing to understand about consent is that it cannot be coerced or forced. If you do not want to let the police inside, and they don’t have a warrant or an emergency exception to a need to obtain your consent, you don’t have to do so. They may try to intimidate you or tell you that you’re just making the situation more difficult. But you have a right to protection from illegal searches and seizures, and it’s important to know when you can exercise that right.
Is there an emergency situation?
Another thing to keep in mind is that a police officer can sometimes enter a residence in an emergency. For instance, maybe the police officer was actively pursuing a suspect in their car. If that person exited the vehicle and entered a building, the police can enter that building without waiting to get a search warrant. There are also some situations where police may believe that evidence is being destroyed or that a crime is in progress that will allow for warrantless searches.
Were your rights violated?
Most of the time, police officers either need your consent, or they need a warrant before they can lawfully enter your residence. If they don’t have either of these and they violate your rights while gathering evidence, then it’s very important for you to know about all of the legal options you have at your disposal.]]>On Behalf of Cynthia A. Stewart, P.A.https://www.mississippitrial.com/?p=471842023-01-30T05:33:28Z2023-02-03T05:32:04ZPossible cocaine charges
Cocaine charges include possession, sale, and trafficking. A cocaine possession charge is a misdemeanor if a person has less than .1 grams of cocaine for personal use. Any amount larger than that is a felony charge that’s punishable by up to 20 years in prison, depending on the amount.
Cocaine trafficking charges occur when a person has more than 30 grams of cocaine. There’s a mandatory minimum of 10 years in prison for a conviction of this charge. A person who’s convicted of three or more drug-selling offenses in 12 months can also face trafficking charges.
Selling cocaine is a felony in this state. It’s punishable by up to 30 years in prison. The maximum amount of time in prison you face depends on how much you have. Up to 2 grams has an 8-year maximum. Two to 10 grams has a mandatory minimum of three years and a maximum of 20 years. More than 10 grams comes with a minimum of five years in prison and a maximum of 30 years.
Drug court
Some people who are facing cocaine charges might qualify for drug court. The requirements are strict and include factors, such as not having violent charges. In these programs, the person goes through intensive supervision by the court while taking part in drug rehabilitation. They must meet specific requirements to successfully complete the program.
Subsequent charges
Anyone who has previous convictions for drugs will likely face enhanced penalties. These are more serious than what the penalties would be for an initial conviction. It’s up to the judge to determine what type of sentence a person will face after a conviction.
Anyone facing cocaine charges should ensure they understand the points in the case against them and what possible penalties they’re facing. Crafting a defense strategy as soon as possible after they find out about the charges may help them to determine the best option for this.]]>On Behalf of Cynthia A. Stewart, P.A.https://www.mississippitrial.com/?p=471822022-10-19T06:27:42Z2022-10-24T06:27:02ZAccess and review the evidence
Every criminal defendant facing charges in either federal or state court has the right to defend themselves, which includes the right of discovery. A defendant needs to know what evidence the state has against them if they are to feasibly mount of viable defense in criminal court.
The right of discovery allows you to access the exact evidence that the state has against you, including the financial records that allegedly implicate you and a list of witnesses who may testify in your case. For many individuals facing white-collar criminal charges, the best solution will involve professional analysis of the financial records for their case.
A forensic accountant could be an important addition to your defense team, as they can assist your attorney in the process of reviewing the records related to the alleged misconduct. That review could uncover evidence about who ultimately benefited or who actually conducted different transfers.
You could potentially raise questions about someone else's involvement or prove that some of the activity took place on days that you weren't in the office. The evidence against you could be the way that you establish a reasonable doubt about your actual involvement in the scheme.
Pleading guilty would mean major life changes
The state won't view a white-collar offense as a victimless crime. Anyone accused of such offenses can expect rigorous prosecution and significant penalties even if they cooperate and plead guilty to the charges against them. A complicated legal case will give you opportunities for your defense strategy.
Defending yourself may require both a financial investment and a significant time commitment, but it could preserve not just your freedom but your reputation and professional licensing. Fighting back against white-collar criminal charges is often the best response to an arrest or indictment.
]]>On Behalf of Cynthia A. Stewart, P.A.https://www.mississippitrial.com/?p=471542022-08-04T14:52:48Z2022-08-09T14:52:00Zdrive while intoxicated. You could face:
Administrative penalties, such as a suspension of your license, for failing to take alcohol concentration testing.
A requirement to install an ignition interlock restricted license if you want to continue to drive.
The loss of your commercial motor vehicle license, if you have one.
Financial penalties. Fees include costs such as $175 for the ignition interlock system or a $175 reinstatement fee for your regular driver’s license.
Another thing you may need to do is to complete the DUI intervention program. This is a mandated program that is normally a requirement after a conviction. Mississippi doesn’t allow you to enroll prior to a conviction.
This program costs $200 (as of the 2019 samples MASEP class document) and has to be paid during the first session. This fee, along with others, can add up to thousands of dollars, which is why it’s helpful to take a firm defensive stance to protect your own interests.
What can you do to fight a DUI charge?
If you are facing a DUI charge, you can take a few steps to fight back.
The first thing to do is to discuss your case with someone familiar with the law, so you can look into alternative sentencing options as well as determining if your Breathalyzer test or other testing was performed correctly. If it wasn’t, then your attorney may be able to build a defense against the charges.
With the right evidence and a good approach to your case, it may be possible to mitigate the damage of the accusations and minimize the risk of a conviction. If you do face a conviction, your attorney may be able to get the penalties reduced or eliminated.]]>On Behalf of Cynthia A. Stewart, P.A.https://www.mississippitrial.com/?p=471482022-08-03T08:13:16Z2022-05-17T17:10:36Zkinds of mail fraud that the government watches for, including:
Sweepstakes and lottery fraud
Fraud against veterans
Employment fraud
Financial fraud
Telemarketing fraud
Fraudulent inheritance notifications
Fraud involving free services
It’s important that you make sure to fulfill your obligations any time you complete a transaction involving the U.S. mail.
How could you be falsely accused of mail fraud?
There are a few ways that you could be falsely accused of mail fraud. For instance, you might send a letter to someone asking them to pay for an item they’d like to purchase from you. If they pay and you never send it, you could be accused of using the U.S. mail to commit fraud.
Similarly, if you offer to help someone make money from home if they mail you $150 to get started and then don’t follow through on what you said you’d do, you could be accused of mail fraud.
Of course, not all interactions asking for payments by mail are fraudulent. For example, if you ask someone to pay $150 for supplies to get started with a work-from-home job and you do send them an informational book and supplies, then they have paid for a service or asset. Failing to succeed at the job may not constitute fraud, so long as you did everything you promised.
Mail fraud is so prevalent and comes in so many forms that it can be hard to pin down a single definition or example. This is somewhat problematic, because it means that any involvement of the U.S. Mail in an alleged fraud cause could lead to mail fraud charges, even if the U.S. Mail wasn’t the main way you communicated with others. Since mail fraud charges involve a federal service, it’s important that you do take a stand and defend yourself if you’re accused of mail fraud, because the penalties can be severe. Mail fraud can involve the smallest of matters, or if large sums of money are involved, it can be a crime triggering exposure to substantial prison time.]]>On Behalf of Cynthia A. Stewart, P.A.https://www.mississippitrial.com/?p=471472022-08-03T08:13:26Z2022-02-10T16:11:17ZWhen the police find drug paraphernalia
It is illegal to possess tools used to store, prepare or consume illegal drugs. If police find drug paraphernalia in your possession, they will seize those objects along with the drugs when they arrest you.
The possession of any paraphernalia is a separate offense from drug possession. You could face a secondary misdemeanor charge over accessories ranging from glass pipes to syringes. The maximum penalty for a possession of paraphernalia charge could be up to six months in jail and fines of up to $500.
When you have items that make it seem like you intend to distribute the drugs
Not all of the items that police would classify as drug paraphernalia play a role in the consumption of drugs. Some common household items might make you look like a drug dealer rather than a drug user.
Having a small digital scale or a postage scale on your person along with drugs might make police officers suspect you have an intent to distribute even if you likely just hope to protect yourself from untrustworthy drug dealers. Having what police could argue is separate packaging for drugs, such as multiple plastic baggies or even disposable straws might lead to allegations that you possessed those drugs with the intent to distribute them.
When you have too many drugs to claim personal use
If the police catch you with a substantial amount of one drug or multiple kinds of drugs, they are more likely to suspect that you intend to distribute those drugs to others than in cases where you have a small amount of one substance. Even if they don't catch you in the act of selling the drug to someone else, they might charge you with possession with intent to distribute, which would carry much more serious criminal consequences than simple possession charges under Mississippi law.
Understanding why police have been so aggressive in the drug charges they filed could help you plan a defense.]]>On Behalf of Cynthia A. Stewart, P.A.https://www.mississippitrial.com/?p=470992022-08-03T08:13:35Z2021-10-29T12:07:21ZHow will Mississippi sentence you for a DUI?
Every DUI offense increases the penalties involved. A first offense in Mississippi could mean up to $1,000 in fines and 48 hours in jail. You will also lose your license for between 30 and 90 days. After you do get your license back, you will have to install an ignition interlock device (IID) in every vehicle you will drive for the next 90 days.
If you get arrested for a second offense within five years, the penalties get worse. You could spend between five days and a year in state custody. The maximum fine increases to $1,500, and the license suspension will last for at least 45 days. The state will probably impound your vehicle during your suspension unless they order you to install an IID in your vehicle instead. In that case, you will have to maintain the IID in your vehicle for a year even after you get your license back.
Third offenses carry unignorable penalties. You will face imprisonment for up to five years and fines up between $2,000 and $5,000. The state could seize your vehicle and sell it. You will also lose your license for two years, after which you will need to have an IID in your vehicle for three years. With a fourth DUI, the penalties go up again. You could face up to 10 years in prison, $10,000 in fines and a five-year suspension of your license.
How to avoid a fourth DUI conviction?
The best way to avoid a fourth DUI conviction is to not put yourself in a position where one is possible. Fighting back against even a first DUI charge helps minimize your risk of facing more serious penalties in the future. If you already have several DUI offenses on your recent driving record, defending yourself becomes that much more important.
Exploring all of your options for fighting a DUI charge can help you avoid the worst penalties associated with a conviction.]]>