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Victor Wallace Carmody Jr.

Victor Carmody’s Answers

392 total


  • What is the min- max fine and penalties for driving on a suspended license for a dui in ms and domestic disturbance as well?

    Hornlake ms

    Victor’s Answer

    Briefly,the charge of driving with a suspended license has penalties of two days to six months jail time,a five hundred dollar fine,and an additional six month license suspension. The court has complete discretion on the amount of jail time,but jail time is mandatory.The court also has discretion on the amount of the fine,but a fine and court costs is also mandatory. The six months additional license suspension is mandatory and comes from the Mississippi Department of Public Safety,Driver Improvement Branch.

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  • My nephew is being charged with conspiracy to commit armed robbery, he turned state's evidence, what should he expect now?

    My nephew was the get away driver and also cased the stores that were robbed. He was captured on video both in the stores and traffic cams driving his car from the scenes. He turned states evidence and gave police the actual persons who did the ...

    Victor’s Answer

    If your Nephew spoke to the law enforcement officials without an Attorney,he will likely have the gratitude of law enforcement,and a long prison sentence.If,however, his Attorney protected your Nephews best interest and made a deal for this information about the trigger man,then his sentence could range from probation(no jail) to a much lighter sentence.Turning states evidence means testifying in court,or being ready and willing to do so if the trigger man's case goes to trial. In any case all on this site now knows that your Nephew is involved in an armed robbery(in Hernando?) so the lest said the better.Good Luck!

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  • Did/is the 85 percent law in Mississippi changing to 65 percent?

    I keep hearing more and more that the law is or has changed to 65 percent.

    Victor’s Answer

    Perhaps your referencing the minimum amount of the sentence required to be served upon conviction of certain felony crimes in this state? If so,then there is no legislative move to lower the amount of the sentence to be served from 85 down to 65 percent.

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  • Is the three strike your out law only stand if you are convicted of two of the three? all for misdemeanor shoplifting?

    One of these shoplifting convictions was in 2007, for misdemeanor, and one misdemeanor dismissed in 2008, in Miss. and a possible conviction in a totally different state of Louisiana in 2013. Can they use the three strike your out from the two in ...

    Victor’s Answer

    Your answer requires a short definition of the difference in misdemeanor crimes(shoplifting) which can be enhanced(more punishment ) for committing the same crime in a specified time(like additional DUI's in five years),and committing additional FELONY crimes in your entire life,which can lead to three FELONY convictions causing a person to face life in prison as an habuitial offender. As you can tell from this explanation, shoplifting charges are misdemeanors and although you could face jail time for CONVICTIONS for shoplifting there is no enhanced punishment when charges are dismissed. Good Luck

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  • What are the stipulations for filing an appeal in MS?

    My fiancee is incarcerated in MS for a faulty burglary charge and not enough support from his paid defense attorney. I want this case to be appealed because he is a first time offender and he was given too much time for something that should have ...

    Victor’s Answer

    While your fiancee has the absolute right to represent himself,his chances will be much better with a Criminal Defense Attorney. The appeal process is time sensitive,meaning that the rules which govern the Courts and Attorney's are very strict.Missing a date for submission of bonds,notices, briefs,and the like will cause the appeal to be lost by failure to follow procedures and the merits(facts) of the case will not be considered. As an example ,at the end of the case,and in order to protect the right to appeal,the person convicted must file for a JNOV(judgement notwithstanding the verdict( of the jury)).This motion allows the Judge the opportunity to correct any mistakes made by the jury in finding someone guilty. This motion must be filed according to the time required in the rules,and is waived if not timely filed,which could deny any further appeal. The rules for appeal are both complicated and held against the person trying to appeal his case,if not followed strictly,which would cause the appeal to be dismissed.This example is used here only by way of example to urge you to seek the advise and counsel of a experienced Criminal Defense Attorney.Good Luck!!!

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  • What are the first steps do I need to take for a Drunk in Public arrest in Oxford, Mississippi?

    I'm trying to get my "ducks in a row" before taking action. This is my first time to ever be arrested for anything including speeding tickets and it is very embarrassing. The details: I'm a 25 year old male in his last semester of college and also...

    Victor’s Answer

    There are at least two very important considerations to address:1,Ole Miss has a two strike policy on alcohol related offenses,which may include "drunk in public"charges.One more alcohol related charge(DUI,open container or drunk in public) will subject you to removal from campus;2 ,The nursing board can deny,or restrict your ability to practice.I have represented clients before the nursing board,and found the board to be very NON-forgiving,with automatic referral to the recovering nurse program,and sentences of six months to five years of on the job supervision by another nurse. this day and time no business wants to hire two nurses to do the job of one nurse!
    First do not represent your self in court,you will not win. Second hire a lawyer. Third,do not plead guilty. Lastly,fight your case in court! Good Luck.Vic Carmody

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  • I was arrested for dwi im a truck driver from ms and i lost my job now they recended the case against me what now??? can i sue

    the case was taken back now i want to know what about the money and time i lost because of this and the day in jail and job and the lost wages i was not drinking and nothing was found in my blood yet my employer fired me can you tell me if i have ...

    Victor’s Answer

    I am not quite sure of the term you used to describe the manner in which your DUI case in Texas was handled.I do understand that your blood was tested,and you were initially charged with a DWI(that is the way Texas charges for driving under the influence) pending results of your blood test results.Once these results were received the Prosecutor evaluated your case for trial,and with a blood test in your favor,decided to not prosecute this charge. I don't have any information about the initial reason for your stop,and if the officer had a reason (probable cause) to stop you,then you probably do not have a case for the losses you have suffered. You should go to your former employer and show him the Texas decision to not prosecute your DWI and try to get your job back. Good Luck!

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  • How long does the misdemeanor charge stay on record in the state of Mississippi?

    I received a citation for driving while license suspended in 2004, and it's still on my record.

    Victor’s Answer

    The Mississippi Highway Safety Patrol(MHSP) has computer programs that are currently set for five years of offenses under the traffic code,due primarily to the length of time law enforcement looks back to enhance punishment for DUI's(three DUI's in five years becomes a felony) Generally traffic tickets both stay on your record forever,and con not be expunged.However after five years MHSP would have to go into the records to find that which is no longer on their current computer records.In thirty four years of practice,and seven years as a police officer it has been my experience that MHSP looks no further than five years back. the chances of a suspended license ticket being on your record at the state level are remote at best.

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  • What can you do if an attorney that represented you have complaints by others on inappropriate representation

    people have brought it to the attention of the courts that the lawyer is not handling cases proper

    Victor’s Answer

    The death of any relationship starts with the lack of communication. Did you and your Attorney have an initial meeting;did that meeting end with a written contract being signed by you both;did you pay him the stated fee;did you get both a copy of the contract,and a copy of your receipt of fee payment;and what meetings did you have with your Attorney to prepare for your day in court? In addition what law enforcement documents were provided to you by way of discovery,ie: officer reports,charging documents(tickets,sworn statements) ect.Did you have the chance to discuss pre-trial any of your concerns with your Attorney. As you can now see a lot more information is needed to answer your questions,and most importantly no one on this list will be willing to second guess your Attorney's reasons' for conducting your defense in the manner it was conducted for all Attorney's work differently.No Attorney can guarantee you a result,only that he will use his best efforts in putting your best foot foward at trial time.Please go to your Attorney at his office to tell him how you feel and ask him to explain your case to you. Good Luck

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  • I got a citation for possession of marijuana for less than an ounce in Mississippi, how much should the max fine be?

    It was my first offense, and I checked online and it says the max fine is $250, but I called the court and they said that the fine is $512.25. How is this possible? Should I mention this to the judge? And when I pay the fine, is it cleared off of ...

    Victor’s Answer

    Court costs often exceed the fine amount,and when you appear in court you will be provided a cost sheet of the actual costs by type and amount. When you are arrested you develop an arrest record at the local law enforcement facility (police department,sheriff's department,ect.)the Mississippi Crime Information Center,and The National Crime Information Center,and it's sometimes called your RAP SHEET. It usually contain's identification information(name address,social security information,ect.),fingerprints,photographs,and the officer's reports. This information remains there forever unless you take steps dispose of your charges(finding of not guilty)and filing to have these records expunged.None of this happens easily ,and rarely without the help of a good criminal defense Attorney! Call an Attorney today, Good Luck!

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