M. Darin Vance, Attorney at Law FindLaw IM Template2024-03-05T19:49:53Zhttps://www.criminalattorneyhernando.com/feed/atom/WordPress/wp-content/uploads/sites/1100696/2019/07/cropped-site-identity-32x32.jpgOn Behalf of M. Darin Vance, Attorney at Lawhttps://www.criminalattorneyhernando.com/?p=488722024-03-05T19:49:53Z2024-03-05T19:49:53ZDefinition of assault
Assault with a deadly weapon occurs when someone intentionally or recklessly causes or attempts to cause bodily harm to another person using a weapon that could cause death or serious injury. Deadly weapons include firearms, knives or any object capable of inflicting severe harm.
The law takes this type of assault seriously because it not only endangers the person facing attack but also puts others nearby at risk. In addition, it can lead to fatal physical injuries.
Possible consequences
The severity of the punishment for a conviction depends on various factors. The court will consider the extent of harm caused, the defendant's criminal history and whether this was a premeditated attack.
Potential penalties for this crime may include an enhanced fine of up to $5,000 and a prison sentence of up to 30 years. A person may also have to serve probation or community service.
In addition to criminal penalties, individuals may also face civil lawsuits. The court may award monetary damages to the injured party for medical expenses, lost wages, pain and suffering and other losses that result from the assault.
The legal process for assault with a deadly weapon cases in Mississippi typically begins with an arrest. The person will then face the formal charges in court. They will have a chance to plead at that time, but the opportunity to present a defense will come later at trial.]]>On Behalf of M. Darin Vance, Attorney at Lawhttps://www.criminalattorneyhernando.com/?p=488702024-02-22T01:32:56Z2024-02-22T01:32:56ZEarly intervention programs
In Mississippi, the schools work closely with the juvenile justice system to identify at-risk students. Students undergo screenings and assessments before enrolling in various intervention programs. Schools aim to address any underlying issues the teens have to avoid delinquency.
Alternatives to incarceration
Young offenders may have options other than incarceration at sentencing. Kids who remain in the community receive supervision and support. For example, teens may have mentors or counselors to help them navigate their lives post-sentencing. Likewise, they may attend substance abuse treatment programs or participate in educational and vocational training.
Reentry services and support for incarcerated youth
Teens sentenced to incarceration can receive an education at their detention facilities. The educational opportunities provided can help reduce gaps in their education. Youths who have an education have an easier time reintegrating into society.
Following their incarceration, young offenders will receive help from the education system to continue their education. Opportunities to gain new skills can help them become productive members of society.
Young people charged with a crime can still have a bright, promising future. Offenders undergo tailored assessments to determine their specific risks for reoffending and which programs may be the most helpful to their circumstances.]]>On Behalf of M. Darin Vance, Attorney at Lawhttps://www.criminalattorneyhernando.com/?p=488682024-02-06T19:42:08Z2024-02-06T19:42:08ZThe legal ramifications
In 2023, shoplifting accounted for 41.4% of theft offenses in the state. Depending on the value of the stolen items, the charges may be either petit larceny for items under $1,000 or grand larceny for items valued at $1,000 or more. While every situation is different, a shoplifting charge for youth can result in legal penalties such as fines, community service and even incarceration in extreme cases.
The impact on future opportunities
A shoplifting charge can have long-lasting consequences beyond the immediate legal penalties. A criminal record, even for a minor offense, can significantly impact a youth's future opportunities. It may affect their ability to secure employment, pursue higher education or even obtain housing.
The right defense
When facing shoplifting charges, youth need to find the right defense in youth court. This involves understanding the circumstances of the incident and crafting a defense strategy tailored to the individual's situation. An effective defense may focus on factors such as mistaken identity, lack of intent or mitigating circumstances.
For the parents and guardians who have a youth facing shoplifting charges, it is important to explore options that focus on rehabilitation rather than punitive measures. This helps ensure that the youth has the opportunity to learn from their mistake and move forward positively.]]>On Behalf of M. Darin Vance, Attorney at Lawhttps://www.criminalattorneyhernando.com/?p=488662024-01-30T02:48:57Z2024-01-31T02:48:04ZOnly alcohol can lead to DUI
Alcohol-involved traffic deaths reached 13,384 people in 2021. Therefore, the police have real concerns about DUI infractions. However, contrary to popular belief, DUI offenses are not exclusive to alcohol consumption. While alcohol is a common factor, any substance that impairs one’s ability to operate a vehicle safely can result in a DUI charge.
You cannot get a DUI on private property
Some individuals believe that they can drive under the influence on private property without legal consequences. However, DUI laws often extend beyond public roads. Individuals who drive while impaired on private property may still face legal repercussions.
Refusing a breath test guarantees no consequences
There is a misconception that refusing a breath test automatically shields drivers from legal consequences. However, refusal can lead to administrative penalties, such as license suspension.
Only heavy drinkers get DUIs
Another common myth is that only individuals with a high alcohol tolerance are at risk of DUI offenses. However, even small amounts of alcohol or drugs can impair individuals’ abilities to drive safely. Factors such as body weight and metabolism vary from person to person, making it difficult to predict how substances will affect individuals.
You can talk your way out of a DUI stop
Attempting to talk your way out of a DUI stop is not a reliable strategy. Law enforcement officers receive training to assess impairment. Therefore, drivers should comply with lawful requests.
To avoid legal consequences, drivers should avoid drinking and driving.]]>On Behalf of M. Darin Vance, Attorney at Lawhttps://www.criminalattorneyhernando.com/?p=488642024-01-19T20:14:40Z2024-01-23T20:13:34ZWho can complain
The Mississippi Board of Nursing welcomes complaints from various sources. Anyone, including coworkers, employers, other professionals in the field, law enforcement, regulatory agencies, patients and patient families, can file a complaint. This inclusive approach reflects the commitment to transparency and accountability in nursing practices.
Types of complaints
Complaints typically revolve around issues that directly impact the health and safety of patients or involve potential criminal activity. The primary focus is on serious matters that compromise patient care. Instances such as medication errors, neglect or improper procedures may prompt concerned parties to file a complaint.
The Board does not handle complaints related to personal issues that do not pose a serious risk to patients. Complaints should not arise from matters like a nurse's attitude on the job, attendance issues, general work conflicts or management disputes.
Filing a complaint
The process of filing a complaint involves providing detailed information to the board. This should include information about the alleged incident, names of involved parties and any supporting evidence. The goal is to enable a thorough investigation that ensures fairness to all parties.
Once the board receives a complaint, it carefully reviews the information and may conduct an investigation to gather additional details. The Board strives to address any concerns related to nursing practices and take appropriate actions to maintain the highest standards of care.
The Mississippi Board of Nursing's complaint process works to uphold the integrity of the nursing profession and prioritize patient safety. Nurses should familiarize themselves with the board and the work it does to manage complaints.]]>On Behalf of M. Darin Vance, Attorney at Lawhttps://www.criminalattorneyhernando.com/?p=488622024-01-09T18:56:43Z2024-01-09T18:56:43ZLevels of security clearance
The military employs confidential, secret and top-secret clearance levels. Each level represents a varying degree of sensitivity and access to classified information. As one ascends the hierarchy, the scrutiny intensifies. The period between personal investigations also shortens.
The clearance process
The clearance process is more than a formality. It involves a comprehensive investigation into an individual's background, character and allegiance. Investigators examine every aspect of a person's life to ensure the candidate poses no threat to national security. Investigators will interview friends, family and past employers to obtain this information.
Personal responsibility
Individuals with military security clearances bear a significant responsibility to the country. For this reason, it is their responsibility to self-report the following events:
Foreign travel, friendships and activities
Suspicious coworkers
Loss or compromise of classified information
Bankruptcy or other financial troubles
Change in marital or relationship status
They must also self-report any psychological counseling or criminal activities.
Ethical behavior
Ethical conduct is a professional necessity for those holding security clearances. They must be careful to follow all laws. They must also refrain from behavior that someone else could exploit or misinterpret. Failing to do so may result in a loss of clearance.
Losing a security clearance is not merely a setback but can be a career-ending event. Without access to classified information, employers may relegate individuals to non-sensitive roles or terminate their employment.]]>On Behalf of M. Darin Vance, Attorney at Lawhttps://www.criminalattorneyhernando.com/?p=488602023-12-27T19:46:30Z2023-12-27T19:46:30ZLegal fines and penalties
Following a Mississippi DUI, individuals can expect to face substantial fines and penalties. The state imposes monetary sanctions, the amount of which varies depending on factors such as blood alcohol concentration and prior DUI offenses. These fines serve as an immediate financial blow, demanding a considerable sum that must be paid without delay.
Rising insurance premiums
A lasting financial consequence of a DUI conviction is the surge in insurance premiums. Insurance companies view DUI offenses as high-risk behavior. As a result, they raise rates for those with DUIs on their records. This increase can last for several years, resulting in a continuous drain on finances long after the legal process concludes.
Ignition interlock devices
In some cases, individuals with Mississippi DUIs may have to install and maintain an ignition interlock device in their vehicles. This device comes with monthly fees that add to the financial strain. Compliance with this requirement is both a legal obligation and an ongoing financial commitment.
Job loss and employment consequences
A DUI can also have professional ramifications. It may lead to job loss or difficulties securing future employment. Employers may view a DUI as a liability, especially if the nature of the job involves driving. The resulting unemployment or career setbacks contribute further to the financial toll.
Per Responsibility.org, there were 5,269 DUI arrests in Mississippi in 2019. Acknowledging the full spectrum of financial consequences helps residents and visitors make informed decisions and mitigate the impact on their financial well-being.]]>On Behalf of M. Darin Vance, Attorney at Lawhttps://www.criminalattorneyhernando.com/?p=488582023-12-12T17:23:13Z2023-12-12T17:23:13ZInitial court appearance
Following a child's arrest, the family can anticipate an initial court appearance. The court will present the charges and decide on further proceedings such as detention or release. Parents should prepare to attend this hearing with their children.
Detention hearing
The court may deem it necessary to schedule a detention hearing. This proceeding decides whether the state should hold the child in custody pending the outcome of the case. The judge will assess factors such as the nature of the offense, the child's criminal history and their risk of flight.
Adjudication and disposition
An adjudication hearing serves as the equivalent to a trial in youth court. If the court finds the child responsible for the charges, the judge will determine the appropriate consequences in a disposition hearing.
The court can order probation, counseling or community service, for example. Some offenders do receive prison time. Mississippi has approximately 1,181 state inmates whose arrests took place before they turned 18. In addition, 68% of those individuals have been in prison for more than two decades.
Rehabilitation planning
Youth court prioritizes rehabilitation over punishment. The focus is on helping the minor reintegrate into society as a responsible and law-abiding citizen. The court may outline rehabilitation plans that address the underlying issues, emphasizing support and guidance.
The active involvement of caring families can significantly impact the overall success of a minor's legal journey.]]>On Behalf of M. Darin Vance, Attorney at Lawhttps://www.criminalattorneyhernando.com/?p=488562023-12-05T02:57:17Z2023-12-05T02:57:17ZSacrifice your right to a fair trial
Accepting a plea bargain means sacrificing your right to a fair trial. Agreeing to a deal means you lose the opportunity to present your case in court where you could challenge the witnesses, face your accuser and potentially cast enough reasonable doubt for an acquittal.
Face unintended consequences
One thing you might not realize is that the plea bargain requires you to plead guilty to a crime. Sometimes you plead to a lesser charge, but it still leaves you with a criminal record. This may create long-term complications, including problems finding work, renting a home and pursuing future growth opportunities.
Understand systemic fallibility
Many people consider a plea bargain because the evidence against them appears significant. Remember that the system is susceptible to mistakes, so you might have sufficient grounds for dismissal or to contest certain evidence based on procedural errors or misinterpretations. You lose that opportunity with a plea bargain.
The American Bar Association reports that as much as 98% of criminal convictions stemmed from a plea bargain. That reflects a lot of missed opportunities to fight for inherent rights and make a case. Avoid pleading guilty unnecessarily by fighting your case instead of taking a plea bargain.]]>On Behalf of M. Darin Vance, Attorney at Lawhttps://www.criminalattorneyhernando.com/?p=488542023-11-30T22:43:50Z2023-11-30T22:43:50Z1. Inappropriate personal relationships
One prevalent form of boundary violation involves doctors developing inappropriate personal relationships with their patients. This can include friendships, romantic involvements or familial connections. When a physician crosses this line, it can lead to compromised objectivity in medical decision-making.
2. Overstepping privacy boundaries
A breach of patient confidentiality is another significant violation. Sharing patient information without proper consent, whether intentional or inadvertent, is strictly prohibited. This can occur through loose talk in non-secure environments or unauthorized disclosure of medical records. Maintaining the confidentiality of patient information is not only an ethical obligation but also a legal requirement.
3. Financial exploitation
Some boundary violations involve financial improprieties between doctors and their patients. This may involve recommending unnecessary tests or procedures to boost their income or accepting inappropriate gifts from patients. Patients expect transparency and fairness in financial matters related to their healthcare. Any deviation from these expectations constitutes a breach of professional boundaries.
4. Dual relationships
Dual relationships occur when a doctor assumes multiple roles with a patient. This may include being both a healthcare provider and a business partner, employer or close personal friend. Such situations can create conflicts of interest. Maintaining a singular professional role with patients is important to avoid the ethical pitfalls associated with dual relationships.
In 2022, 31.2% of physicians faced a lawsuit at some point in their careers. While many end up with a dismissal, staying vigilant against boundary violations is one way to avoid a situation that could lead to a license loss and further legal woes.]]>