Recent Blog Posts

Do I Need an Attorney if I am Innocent?

Miller & Miller — Mon, 31 Oct 2011 19:45:00 GMT

Facing an arrest and being thrust into the criminal justice system as an innocent individual who did not commit the crime that they are being accused of is a frightening experience. It will make you question what you should do at a time such as this and if hiring an attorney is the right thing to do.

If you do not wish to suffer penalties and lifelong consequences for a crime that you did not commit, then hiring a Mississippi criminal defense attorney should be your main priority at a time such as this.

With many criminal arrests, the case is simply passed along to a prosecutor in the criminal justice system. At this point, the prosecutor already believes that you are guilty, and will do anything in their power to prove that this is true.

They will collect evidence against you and try to pry a confession or anything that may appear as guilt out of you during interrogations. It is important that you do not speak to any investigators before consulting with an attorney; anything you say may be used against you in the future.

When handling any felony or misdemeanor case, only a criminal defense attorney will be capable of defending your rights. Furthermore, it will be greatly important to have a lawyer with true trial experience in case you must reach a verdict in court.

Whether you have been accused of DUI, a drug crime, theft crime, sex crime or a violent crime, you should always retain the services of a criminal defense attorney. The importance of having this legal advocate on your side cannot be stressed enough, especially because many people face terms of jail and prison for crimes they did not commit.

To learn more about the offense you have been accused of and to get the defense you deserve, contact a Mississippi criminal defense attorney at Miller & Miller.

The Difference Between Felony & Misdemeanor Charges

Miller & Miller — Wed, 26 Oct 2011 19:40:00 GMT

When a person faces criminal charges for any type of offense, one of the first questions they immediately ask is if they will be facing misdemeanor or felony charges. there is a large difference between these types of charges, and a Mississippi criminal defense attorney can help you differentiate the two.

Misdemeanor Charges

Charges are generally considered to be a misdemeanor when they are characterized with a much shorter jail sentence, usually under a year of imprisonment. The fines for misdemeanor charges, however, are still very expensive and unattractive to any person facing these charges.

Misdemeanors range from DUI offenses to reckless driving to shoplifting (theft) under $300 to the possession of marijuana (under twenty grams) and more, although some of these offenses can be charged as a felony under specific circumstances.

While these charges are sometimes made out to be minor, they should be taken very seriously by a defendant, and a criminal lawyer should always be sought.

Felony Charges

Felonies, on the other hand, are among the most serious of all criminal charges, and can usually be classified with longer prison terms and much higher fines.

Felonies can include charges of assault and aggravated assault, robbery, kidnapping, rape, murder, manslaughter and most other violent crimes. Furthermore, many white collar crimes and federal crimes may be considered felonies as well, even though they are not usually categorized as violent.

Being charged with any type of crime can be the most devastating event in a person's life, and will have lifelong effects. In addition to facing a jail or prison term, a defendant may suffer consequences even after a sentence has been served. They may experience increased insurance rates, debt due to large fines that must be paid, and the inability to retain employment.

It is always important to work with a criminal defense attorney for your criminal case, despite how serious or minor you believe the charges are.

For more information on felony and misdemeanor charges, contact a Mississippi criminal defense attorney at Miller & Miller today.

Child Pornography Charges

Miller & Miller — Wed, 31 Aug 2011 23:00:00 GMT

If you have been charged with possession of child pornography, it is extremely important that you contact an attorney immediately. Child pornography charges can be devastating and can result in serious prison time. One count of child pornography can result in tens of years in prison if the individual has been convicted. In fact, the minimum charge for a child pornography conviction is 5 years in a state prison.

Sheriffs and other law enforcement agents are highly vigilant in this area of the law and will work diligently to ensure that an individual who they believe to have been in possession of child pornography is punished to the fullest extent of the law.

It is important that you contact a Mississippi criminal defense attorney immediately if you believe that you are under investigation or if you have already been arrested in connection with anything related to child porn. These charges are very serious and require a knowledgeable defense lawyer.

Contact the firm today if you need aggressive and experienced legal assistance.

Your Right to Remain Silent

Miller & Miller — Wed, 24 Aug 2011 22:50:00 GMT

If you have been stopped or arrested by the police, it is your legal right to remain silent on the subject of the arrest or on any alleged crimes committed. Upon arresting an individual in Mississippi, it is the law to provide that person with the "Miranda warning," which includes the right to remain silent, the right to consult a lawyer and the admonishment that anything he or she does say can and will be used against the person in a court of law.

If you have not been arrested, however, the police may still question you without giving you the Miranda warning. Under the Fifth Amendment, you are guaranteed the "right to silence." A police officer cannot arrest you for refusing to answer his or her questions. It is in your best interest to be polite and courteous to the officer or officers and make a call to a criminal defense attorney immediately.

The legal team at Miller & Miller has extensive experience handling a wide range of criminal defense cases in Mississippi. If you have been charged with DUI, a drug-related offense, a theft offense, a serious felony or any other type of crime, the firm can help. When you need an aggressive Mississippi criminal defense attorney who understands the legal system, contact the firm today.

Things You Should Never Do When Stopped by the Police

Miller & Miller — Fri, 22 Jul 2011 20:26:00 GMT

Never talk to the police without a lawyer present if being questioned. You have no obligation or requirement to talk other than to provide basic identifying information. The police can legally lie to you in an attempt to get you to make incriminating statements and will use anything they can against you; however, you can be prosecuted if you lie to the police. Remember, there is nothing you can say that cannot wait until your lawyer is present.

Never consent to a vehicle search. The 4th Amendment to the U.S. Constitution affords us protections against unreasonable searches and seizures. In order to search, the police must either have a warrant, probable cause or consent. Absent a warrant or probable cause, they must have a reason to even request a search. In any such case, you should always politely refuse and request that you be allowed to leave.

Never perform DUI field sobriety tests if stopped for a DUI. You have the right to refuse these tests. They are divided attention tests that are very difficult to perform even sober. In addition, the tests are not pass or fail. The officer will be looking for specific clues that supposedly correlate to a specific blood alcohol content level. Most officers do not know how to properly give or grade these tests. Unlike a breath test, the state Department of Public Safety cannot suspend your license for refusing.

Never blow into a portable breath test (PBT) if stopped for a DUI. A PBT is not reliable nor is it admissible in court. There are no penalties for refusing a PBT. The police will use a positive result to further investigate you for DUI and, it can be used as proof of alcohol consumption. Never give the police physical evidence against yourself.

Remember that the Constitution affords us all rights against self-incrimination and also offers us protection from unreasonable searches and seizures. These are your rights. Exercise them!

If you have been arrested for DUI or for any other criminal offense, please contact our office. A Mississippi criminal defense attorney can help ensure that your rights are protected.

Mississippi Criminal Defense Blog

Mississippi Criminal Defense Lawyer — Mon, 18 Jul 2011 19:06:00 GMT

Our firm is pleased to announce the launch of our Mississippi Criminal Defense blog with RSS feed available here!