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Victor Wallace Carmody Jr.

Victor Carmody’s Answers

392 total


  • What can i do to keep a person from filing bogus charges against me. this person recently files a disturbing the peace charge

    against me as well as a cyberstalking charge. but she is only doing this as a way of tortuing me. what can i do to get this to stop.

    Victor’s Answer

    Disturbing the peace is a misdemeanor charge which will be filed in either the city court of Grenada or in the justice court,and you will have to defend the charge.Your acouser must appear and through the prosecutor present her case.All she needs to bring charges is mere probable cause,a very low standard of proof,but she must have proof beyond a reasonable doubt for you to be found guilty.Should you be found guilty you have the right to appeal your case for a new trial(trial de novo) in the Circuit Court of Grenada county.You should consult a Criminal defense Attorney to assist you.Nothing good happens in court without an Attorney to assist you.Should you be found not guilty and she continues to charge you with the same or similiar crimes then you could consider filing a civil lawsuit for money damages against her. You ,however can not stop her from talking to the police,or bringing charges against you. Good Luck!!

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  • Can my husband be convicted of trespassing?

    My husband has custody of his 10 year old daughter. The weekend of opening ceremonies for softball, her Mother had weekend visitation with her. My step-daughter had 2 games scheduled. She played in her first game and then disappeared. We could...

    Victor’s Answer

    Mississippi has no requirment to post no tresspassing notices on property to warn others not to tresspass.That being said,I have no information concerning court orders between your husband and his former wife,or for child visitation.Since the child's mother had visitation that weekend it is her decision on where the child will be.Further the crime of tresspass is just a charge at this point,and a charge is not a conviction! Your husband was justified in his concern about his childs disapperance,and while his actions may be warranted,he will still have to go to court and defend his tresspassing chrge.He should consult with a criminal defense lawyer today and not try to repsent himself.Good Luck!!

    Victor Carmody

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  • Arrested for public drunk in ms

    Last night, I was arrested for public drunk in MS. I spent about 5 hours in Jail. My court date is set for May. Do I need a lawyer? What is the likelyhood I will have to face jail time, I read where it could be up to 30 days and/or a fine?

    Victor’s Answer

    I agree with Mr. Mixon's answer and would add the following. When you are facing a criminal charge, always consult with a criminal defense attorney, which doesn't mean you have to hire that person, but nothing good in court happens without having an attorney present or previously consulting with an attorney. Our criminal justice system is an alien environment for most people who encounter law enforcement and the worst thing that can happen to anyone is to either be suprised by something unexpected in court or worse, a very bad outcome for the unprepared. Most good criminal defense attorneys will consult with you on a pending matter at no cost to you. Good luck.

    Victor Carmody

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  • Does the arresting officer have to write the alcohol reading on the ticket ? Plus, the machine wasn't working at the station.

    I was just wondering if maybe we could beat this on a technicality. My son-in-law really wasn't drunk. Just got caught in a road block & he had only consumed 2 beers over a 3 hour period.

    Victor’s Answer

    • Selected as best answer

    Mississippi uses the Intox 8000 and this machine prints out a breath alcohol reading which is entered on the DUI ticket.In this case,the machine wasn't working,so there was no reading to be placed on the DUI ticket.A breath alcohol reading is NOT necessary to either charge the crime of DUI,or to be convicted of DUI.Judges,and courts recognize what in our state is sometimes called "common law DUI",and the proof of the crime is based on the arresting officers' observations,such as the lack of coordination,smell of alcohol beverages,slurred speech,dialated eyes,and the like.The more experience the officer is the more Judges/juries will believe the testimony at trial,however two beers over a three hour period would not be enough to legally impair almost anyone,unless they were very light(it's based on the size of a person,the more you weigh the more alcohol you must have to be legally impaired). You did not ask about Field Sobriety Tests (walking a straght line.standing on one foot,or waving a pen in front of the persons eyes)which can be used in some cases as indicators of alcohol impairment.Should these tests have been given ,the results may be used against him.The standard in this state is not drunk but merely under the influence,which is much easier to prove,however,DUI's are harder to prosecute without the intox 8000 results,and field sobriety tests.Good Luck!!!

    Victor Carmody
    A Rankin County DUI Lawyer!

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  • How to get a bench warrant removed?

    My husband has a bench warrant for contempt to court. At the time of court he was deployed in Afghanistan. He just got home last month and was only home for 2 weeks when he got pulled over and arrested. He's been in jail for almost a month. Police...

    Victor’s Answer

    Hire another Attorney who has worked with military personnel.There should be a section of what is called "The soldiers and sailors relief act"which could provide relief for the contempt of court charge your husband is facing.Further ,consider calling your congressional repsentative (U.S. Senator.or U.S. Repsentative) These elected officials really support the Military and can bring this support to your husbands aid.Please collect his records of deployment along with all military orders ,travel orders,and the like to aid in his defense. Lastly,do not contact the Judge yourself.In Mississippi this could be called EAR WIGGING the Judge( contacting the Judge out of court about a matter (case) that is before the court.Your husband should have the opportunity to have a hearing on this charge of criminal contempt.and he should have the assistance of a Lawyer who has defended criminal contempt charges.
    Good Luck!

    Victor Carmody

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  • Who has jurisdiction on a case when both the accused party and victim are military and it happened out in town.

    Both the victim and the accused are in the military and currently live on base. The "theft" took place when the victim lived out in town. The items stolen were a game system and some games. The victim filed the report with the county police who ...

    Victor’s Answer

    The Uniform Code of Criminal Justice (UCMJ) should cover this matter if it pertains to recieving stolen goods.Did the theft originally happen on a military base? Was there a confession? Who found the stolen items(the victim,or the base police) It is clear that the local county officials have no jurisdiction of the possession of stolen items,but some local police agency may have jurisdiction if the items were stolen at an address off base.Further the base police do have the power to investigate,and prosectue the offender for any criminal activity on that base.Prosecution may be either judicial or non juditional punishment depending on the value of the items stolen.

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  • Can speeding ticket be dismissed due to my copy not having my speed or the posted speed wtitten on it?

    Officer pulled me over said i was doing 37 in 25. I noticed the speed he said i was doing was not on ticket nor the posted speed. I went to court and pled not guilty and judge gave me another date to come to court. I did bring to his attention tha...

    Victor’s Answer

    Officers in Mississippi can amend their tickets at any time PRIOR to filing in court and swearing to the facts as true.After filing with the court ,the officer must have the courts permission to amend the ticket to add the speed.Most speeding tickets are denended in court without an Attorney,with the exception being commercial drivers,whose livelyhood depends on having a valid license.All Mississippi city and justice courts will allow you to attent a driver improvement course which will keep the ticket off your insurance,but you will still have to pay the fine and court costs.This drivers course is avilable to both adult and minor drivers and is avilable once in a three year period.When your case is set for trial , appear and when called before the judge ask for the defensive drivers course,if you haven't been in the past three years. Good Luck!

    Victor Carmody

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  • Expungement of petty larceny?

    I was convicted in Mississippi. It occured in 2008 and was my first and only offense. Can it be expunged and how do I go about doing it?

    Victor’s Answer

    The state of Mississippi does allow for expungements of various misdmeanors and recently a few felonies.The procedure requires filing a petition with the approiate court,perhaps a short hearing and the courts order to expunge.This order has very specific language intended for local and state agencies to seal records so that only limited access can be had for arrest reports.fingerprints,police reports and the like.Mississippi has recently handed down court decisions which set out circumstances in which expunged crimes must still be divulged,and you should have the advice of a competent Attorney to guide you.Good Luck!

    Victor Carmody

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  • What is the best way to get a witness to testify on your behalf? For example, if I wanted a school principle to testify.

    witness that will testify in court that "all the walkers have left." for a speeding ticket at 330

    Victor’s Answer

    If you are reprepsenting your self appear at your arrignment(first court date on ticket)enter a not guilty plea,have a trial date set,and ask in writing for a subpeona to be served on the school principal.HOWEVER,do not expect this witness to testify for you,afterall this is the person who set up the police to watch the school zones to begin with!!!

    Victor Carmody

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  • Is there any chance of a judge ruling not guilty when speeding in a school zone on tuscan Ave in hattiesburg, MS at 330 pm?

    Is there any chance of a judge ruling not guilty when speeding in a school zone on tuscan Ave in hattiesburg, MS at 330 pm?

    Victor’s Answer

    Your case will be tried in Hattisburg City Court.This court has three judges and they hear cases on a rotating basis.Your best bet would be to take pictures of the entire area at the time you were cited for the violation and bring them to court with you to show that no one was present.Hattisburg police set up at school zones in order to monitor traffic when school begins and lets out for the afternoon.As a fallback approach you might talk to Sally O'Flynn ,the prosecutor about driving school instead of having this conviction on your record.

    Victor Carmody

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