2 possible reasons to challenge a search warrant in court
Sumrall & Welch Law Blog
by tobywelch
1y ago
It might not always seem like it, but police do not have unlimited power. The Bill of Rights limits how far law enforcement can go when they want to search your property for contraband, like drugs. With some exceptions, the Fourth Amendment requires police to get a search warrant from a neutral judge or other magistrate before they can search your home, workplace, vehicle or other private property. But just because the police present a warrant when they show up, it does not mean the warrant is necessarily valid. There could be errors that you can challenge in court if you get arrested and char ..read more
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Why do people use drugs?
Sumrall & Welch Law Blog
by veeresh.chakali@thomsonreuters.com
1y ago
Drug usage is a problem for a lot of people. However, you will not understand why this issue exists if you do not know the facts. Here is more about the science behind why people use drugs and addiction so you can understand this situation. Why do people use drugs? Adults in Mississippi often use drugs because they want to feel good, avoid feeling bad or perform better at work. Teenagers in your area are more likely to use drugs because they are curious about them and want to fit in. What is addiction? An addiction occurs when you cannot stop taking drugs, even when you want to. Your urge to u ..read more
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Tips for fighting drug possession charges for medication
Sumrall & Welch Law Blog
by tobywelch
1y ago
Charges for drug possession are a serious concern. Not only can a conviction lead to jail time and fines, but it can affect your ability to get a job or housing in the future. If you are facing charges for possession of prescription medication, there are avenues to fight those charges. There are a few potential defense options to consider. Did the pills belong to someone else? If the pills that the police found were in a prescription bottle that belongs to a friend or family member, you can argue that the pills were not actually in your possession but instead left behind by the rightful owner ..read more
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3 types of drug crimes
Sumrall & Welch Law Blog
by houston.lyon@thomsonreuters.com
1y ago
Drug charges are some of the most common reasons that people in the United States receive fines from law enforcement or go to jail. Many people who face these charges are first-time offenders, making the experience of the arrest and the possibility of punishment even scarier. Here are three types of drug crimes in Mississippi and what they entail. 1. Trafficking drugs Drug trafficking in Mississippi is based on the amount of controlled substances a person has and the intent to distribute them. The penalties for drug trafficking tend to be more severe than those for possessing or manufacturing ..read more
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When do police have the rights to search your car?
Sumrall & Welch Law Blog
by bhargavi.sr@thomsonreuters.com
1y ago
Officers have the right to pull someone over for traffic stops as long as there is a reason to do so. However, that reason can sometimes be vague, and it can leave a person open to the police asking them for permission to search the vehicle. Even if police ask a person for access to their vehicle, do they actually have to give it? Can an officer force a search anyway? If you give them permission Flex Your Rights discuss when officers have a legal reason to search your car. The first is if a person gives them permission to do so. Officers often paint this as the easiest way for a driver to move ..read more
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When can police perform a search without a warrant?
Sumrall & Welch Law Blog
by bhargavi.sr@thomsonreuters.com
1y ago
Getting pulled over by police can be an intimidating experience. Regardless of whether you know why the officer pulled you over, you may find yourself rehearsing what friends and family have told you that you should do if the police pull you over. One of the most challenging situations is when an officer wants to search your vehicle. While you may know that police need to follow specific rules for a search, it can be challenging to know what to do when facing an officer who wants to perform a search. This is what you should know about the times police can search your vehicle without a warrant ..read more
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When should police advise you of your Miranda rights?
Sumrall & Welch Law Blog
by gturnercontentcustoms
1y ago
Many people understand the basics of the Miranda Warning. They know that they should hear from the police about their right to remain silent and their right to legal representation provided by an attorney. Even those who don’t understand their other civil rights know about the Miranda Warning because it features prominently in modern media. What people don’t understand is when the Miranda Warning is necessary. Contrary to what some people believe, the Miranda Warning is not necessary when the police first arrest someone. Many people who never hear the Miranda Warning at the time of their arres ..read more
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2 kinds of drug paraphernalia can worsen your drug charges
Sumrall & Welch Law Blog
by gturnercontentcustoms
1y ago
The federal and Mississippi state governments have laws outlying numerous substances, ranging from marijuana to heroin. Anyone who gets caught in possession of prohibited substances will face arrest and likely criminal charges. There are also laws prohibiting paraphernalia, which is a word used to describe items that help facilitate or hide drug use. When people think of paraphernalia, they may think of water pipes or torch lighters. The state or the federal government can bring separate or supplemental charges against you if they find paraphernalia in your possession in addition to the drugs ..read more
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Can the police charge you over drugs hidden in your car?
Sumrall & Welch Law Blog
by gturnercontentcustoms
2y ago
If you agreed to let the police search your vehicle, you probably assumed they wouldn’t find anything illegal in it. You knew you had not broken the law, so you didn’t hesitate to authorize a search. You probably expected that permitting the search would mean you could move on with your day sooner. However, the police officers going through your vehicle found something that you didn’t expect. Maybe it was a small plastic bag with both marijuana and a glass pipe sealed inside. Perhaps it was a container of prescription medication. All of the sudden, what had seemed like a minor inconvenience su ..read more
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Copes v. State
Sumrall & Welch Law Blog
by ashley.weiner@thomsonreuters.com
2y ago
Justice King lays out one of a defense attorney’s biggest problems today in his dissent in Copes v. State, decided today at the Mississippi Supreme Court. In Copes v. State, Justice King, in his dissent, perfectly encapsulates a dilemma criminal defense attorneys are faced with in just about every trial they have. “The majority maintains that this is not robust representation, but rather disrespect to the court and notes that a dissatisfaction with the court’s rulings on issues presented to it is why we have appellate courts.  Maj.  Op.  &  14. Yet appellate courts appl ..read more
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