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Victor Wallace Carmody Jr.
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Victor Carmody’s Answers

392 total


  • What if i cant pay my house arrest

    im on house arrest and expected to pay $7 a day plus fines every month to my house arrest officer. i have no job and they suspended my DL. what can i do?

    Victor’s Answer

    You must go back to court as soon as possible,appear before the judge,and explain your financial condition.Doing nothing will only get you in more trouble.Did you have a job when you first went to court,and were able to pay these fines and houst arrest charges?Did you lose your job because of this conviction,and can't pay these fines/house arrest fees?What ever the reasons tell the court before you are brought in for contempt of court for non-payment.Good Luck!!!

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  • What to do about 2 year old arrest.

    I worked for the sheriff office in a county jail. I was arrested on a sat for possessing contraband (tobacco). I was placed in a cell until Monday where I went before a judge a got my bond. I was never finger printed, no mugshot. I was told to sig...

    Victor’s Answer

    Your problem is whether to kick the sleeping dog,or back off and let the charge die a peaceful death.While some criminal offenses are misdemeanor,others are felonies with no time limitation for prosecution.Was this possession a violation of jail policies,were you given any kind of a hearing,how much was your bond(misdemeanor/felony).Hattisburg Circuit Courts (felony) have a policy of signing in monthly to stay released on bond ,so your charge is probably a felony,and some of the defenses you mentioned(statute of limitations,ect.) may apply.I must know much more information to assist you with an answer.Judge Helfrich runs a pretty tight ship in Forrest County Circuit Court,and you need a good Criminal Defense Attorney to assist you. Good Luck!!

    Victor Carmody

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  • How much time does a person get for buying a mask that was later used in a robbery?

    I know someone who bought a mask for a person. The guy said he was going to rob a place with the mask, but my friend thought it was a joke. Later, the guy used it in a robbery. The public defender told my friend that she could take a plea deal and...

    Victor’s Answer

    Your friend is probably charged with accessory before the robbery.In Mississippi an accessory before the fact is facing the same time in prison as the principal (the actual robber) I do not know enough facts to tell you more about your friend than she would certainly face more jail time if she went to court and was found guilty.

    Victor Carmody

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  • My son is a student in Oxford, MS and last night received his third public intoxication in four months. He has appeared in

    court on one of these charges already and paid the fine and is taking an alcohol awareness class at the University. One court date is coming up next week and the latest is in March. Are these cumulative and what could the possible punishment for...

    Victor’s Answer

    Your son needs a Lawyer,The University of Mississippi has a policy of suspension from school for TWO alcohol related incidents.This could be minor in possession(mip) public drunk,DUI or others. With his arrests,and conviction your son will be subject to fines,and probable SUSPENSION FROM SCHOOL!!!! His alcohol awareness classes are good for one alcohol related incident,but he will need much more alcohol rehab intervention for the other two public intoxication charges.Good Luck!

    Victor Carmody

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  • Hi, i got a dui refusal and i need to file a "10 day" test refusal petition.. How do i do this on my own without a lawyer

    i receive a letter on the 9th and have til tommorrow to file the petition need help ASAP

    Victor’s Answer

    I am the Author of both Mississippi DUI Law and Practice,and Mississippi Criminal Law and Practice both by Thompson/West .The form of which you speak is contained in both of these volumes and titled Breath Test Refusal Petition.Filing the petition must be in the correct court ,with the correct filing fee,and within the correct time period and with copies being sent to all correct parties.As you can understand you need a DUI Attorney to handle your case.I've been in practice over 31 years and i've never seen a non-Lawyer win a DUI or a breath test suspension hearing.Please don't go to court without a DUI Lawyer,nothing good happens in court without a Lawyer. Good Luck!!

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  • What is the time period of non prosecution for grand larceny, and for running away?

    well i realize that my terminology is probably atrocious but nevertheless my best friend has been discussing the hyptohetical that he ran away from his parents and stole the 50,000 dollar emergency fund that his parents keep in their safe. I was h...

    Victor’s Answer

    While the statute of limitations is the least of your "friends" problems(no statute of limitations for Grand Larceny),Yours may just be beginning!Your actions may be considered as an accessory before the fact,if the money is stolen,or conspiracy which is also a crime,and is committed when you and your friend talk about this potential theft ,whether the theft actually occurs or not! In sum this person is NOT your friend when he involves you in this plot about the theft of his parents money,and certainly not your BEST FRIEND!

    Victor Carmody

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  • Can you pay a fine to avoid trial after judge sets court date?

    Husband chgd w/ disorderly conduct but at first appearance papers say resisting arrest. Pleads not guilty and judge set court date. Can he pay the fine and avoid going to court?

    Victor’s Answer

    Your answer in part rests with how that particular court operates.The first appearance is usually where fines can be paid with a plea of guilty.Once a plea of not guilty is entered and a trial date is set then the matter can still be handled by way of a guilty plea,BUT that must be done in court and at the trial date.Crimes filed by police officers(versus citizens) willusually result in substantial jail time and larger fines.(resisting arrest)My advice is to consult a criminal defense lawyer and be repsented in court,nothing good happens when you repsent yourself or go to court without a lawyer. Good luck!

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  • My 15 year old may have to go to youth court on disorderly conduct charge a fight that happened at school. He got attacked by 2

    boys and was trying to defend himself. What do I need to do? At this school fights happened all the time! Some kids don't even get the police called on them for fighting. Are the principals discriminating against certain kids? Should I sue the sch...

    Victor’s Answer

    Your question is both criminal and civil in nature.A decision to sue the school(board) is one to be made by an Atorney who handles civil cases,but I will attempt to answer your criminal defense question.Youth Court is the best possible place for your son's case to be heard.Results from Youth Court are generally harder for the public to have access for record purposes(criminal record not avilable to prospective employers) and usually Youth Court hearings are closed to the public.In sum a decision by the Youth Court may not involve jail or a fine and when your son reaches twenty one his youth records are usually sealed.Having said that ,please hire an Attorney to repsent your son,nothing good happens in court when you repsent yourself. Good Luck!

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  • I want go to jail for driving under suspension, no insurance and improper lane usage will i

    I was in a car wreck

    Victor’s Answer

    Mississippi laws have recently been ammended to include two mandatory days in jail for driving on a suspended license.I must presume that your question is NOTthat you want to go to jail but will I go to jail.There are programs avilable for house arrest through court watch agencies which if allowed in your court would allow you to go to work and back to your home.The fine for no insurance is $1000.00,if you go to court and still do not have insurance,and $1oo.oo fine if you do have insurance,so please get an insurance policy prior to court. Good luck!!

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  • Are my MIPs and false identification charges still on my record?

    When I was in college, I got an MIP at age 19. I got another a year later (age 20) along with a fake ID charge. Would these offenses still be on my record? I am now out of college and trying to find a job, but need to know if I need to include the...

    Victor’s Answer

    Under Mississippi law all convictions become a permanent record,unless steps are taken to expunge them from your record.These will show up every time you try to get a job.Upon arrest a record is started with the local law enforcement agency.the state of Mississippi,and the FBI.The act of expungement is processed through the local court where the case was tried or pled,and is discretionary with the judge, further the Mississippi Legislature/courts have enacted certain provisions (new laws) which would not protect all parties from finding out about your past convictions even when expunged. Good Luck!

    Victor Carmody

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