Brent M. Brumley Attorney at Law Jackson MS Criminal Defense Attorney | Tri-County Mississippi Misdemeanor Defense Lawyer 2026-07-16T06:51:52Z https://www.mississippidui.net/feed/atom/ WordPress /wp-content/uploads/sites/1601596/2020/05/apple-touch-icon-75x75.png On Behalf of Brent M. Brumley Attorney at Law <![CDATA[What to do if you are facing federal charges in Mississippi]]> https://www.mississippidui.net/?p=46713 2026-07-16T06:51:52Z 2026-07-16T06:51:52Z Federal charges are more serious By the time prosecutors file federal charges against you, they have typically spent months, sometimes years, building their case. They rarely move forward unless they are confident they can win. Federal convictions also often carry harsh mandatory minimum sentences. While federal judges do have some flexibility to sentence below the recommended guidelines based on the facts of your case, that flexibility only matters if you have a lawyer who knows how to use it.

Do not talk to federal agents without an attorney

Federal agents train extensively as investigators. They may approach you casually, tell you that you are not a target, or suggest that cooperating will help you. Do not answer their questions without a lawyer present. Prosecutors can and will use anything you say against you, even statements you believe are entirely innocent. Federal agents are exceptionally skilled at turning casual conversations into evidence against you.

Start building your defense immediately

Federal courts operate under a different set of rules, procedures and pressures than state courts, and not every criminal defense attorney has experience in them. The earlier you get the right attorney involved, the better your options will be. In some cases, an experienced federal defense attorney can step in before prosecutors file formal charges and shape the outcome before it gets to court. Your attorney needs to preserve evidence, identify witnesses and look for cracks in the government's investigation. Waiting is the one thing you cannot afford to do.  ]]> On Behalf of Brent M. Brumley Attorney at Law <![CDATA[Penalties for disregarding the rules during an appeal]]> https://www.mississippidui.net/?p=46712 2026-07-06T14:38:15Z 2026-07-06T14:38:15Z Appealing a criminal conviction requires more than disagreeing with the outcome of a case. Appeals in Mississippi must follow strict procedural rules, and failing to comply with those requirements can jeopardize the entire appeal. The Mississippi Rules of Appellate Procedure establish deadlines, filing requirements and other obligations that parties must follow throughout the appellate process. Understanding these rules is an important part of protecting your rights during appeals in Mississippi.

How failing to follow the rules can affect your appeal

The Mississippi Rules of Appellate Procedure provide significant consequences for parties who fail to comply with appellate requirements. In some situations, an appeal must be dismissed. For example, if the notice of appeal is not filed within the required deadline, the appellate court generally has no choice but to dismiss the case. Missing this deadline can prevent the court from reviewing your criminal conviction. Other procedural violations may also place an appeal at risk. If there is an obvious failure to move the appeal forward or a substantial failure to comply with the appellate rules, the court may notify the party of the deficiency and provide an opportunity to correct it. If the problem is not addressed within the required time, the appeal may also be dismissed. The appellate courts may impose additional sanctions when parties or others involved in the appeal fail to comply with procedural requirements or court orders. Depending on the circumstances, sanctions may apply to parties, court personnel or others responsible for meeting appellate obligations. These measures are intended to encourage compliance and promote the efficient administration of justice. Although the appellate courts may suspend certain procedural rules in limited circumstances for good cause or to promote the efficient resolution of a case, these exceptions are narrow. They should not be viewed as an alternative to complying with the Mississippi Rules of Appellate Procedure from the beginning. Appeals in Mississippi are governed by strict procedural requirements, and even seemingly minor mistakes can have significant consequences. If you have questions about the Mississippi Rules of Appellate Procedure, criminal defense matters or your appellate rights, seeking legal guidance as early as possible may help protect your ability to pursue an appeal.]]> On Behalf of Brent M. Brumley Attorney at Law <![CDATA[When is sexting activity unlawful?]]> https://www.mississippidui.net/?p=46711 2026-06-22T01:43:17Z 2026-06-22T01:43:17Z In general, consensual exchanges of sexually explicit messages or images between adults are not typically criminal. Legal issues typically arise when the content involves a minor, lacks consent or violates other criminal statutes.

Common behaviors that may be prosecuted 

Transmission and possession of sexually explicit images of individuals under the age of 18 are both unlawful. Even if a minor voluntarily creates or sends an image of themselves, the possession, distribution, receipt or production of that image may trigger child pornography laws. In some circumstances, both the sender and the recipient can face serious legal consequences. Even a teenager who forwards an image received from another minor may be accused of a criminal offense. Sharing intimate images of another person without permission may also violate criminal laws and can expose an individual to civil liability as well. What begins as a private exchange during a relationship can become a legal problem if images are later distributed to friends, posted online or used to embarrass or threaten another person. Sexting can also become unlawful when it is connected to harassment, stalking, extortion or coercion. For example, threatening to release intimate images unless someone provides money, additional images or other favors may lead to serious criminal charges. Likewise, repeated unwanted sexual messages may potentially support harassment-related allegations. Messages, photographs and videos can be saved, copied, forwarded and recovered even after they are deleted. What may seem like a private conversation can quickly become evidence in a criminal investigation. Mississippi prosecutors and law enforcement agencies take offenses involving minors and sexually explicit images seriously. As a result, anyone who has been accused of a sexting-related offense needs to seek legal guidance immediately. ]]> On Behalf of Brent M. Brumley Attorney at Law <![CDATA[What is Mississippi’s legal limit?]]> https://www.mississippidui.net/?p=46710 2026-06-10T16:15:42Z 2026-06-10T16:15:42Z Drivers in Mississippi need to be aware of the legal limit. Police officers often measure a driver's blood alcohol concentration (BAC) after a traffic stop, if they suspect impairment. If the driver is over the applicable BAC limit, the court can presume that they were impaired. But there is not just one legal limit to watch out for. There are actually three, so it is important for drivers to know which one applies to them personally.

The overall limit: 0.08%

Generally speaking, the main legal limit that applies to the majority of drivers in the state is 0.08%. Exactly how many drinks it will take a driver to get there depends on many different factors, but it usually takes a number of drinks before they would approach this elevated BAC.

The commercial limit: 0.04%

If someone is a commercial driver, though, they need to maintain a legal limit that has been cut in half to just 0.04%. Truck drivers, bus drivers and others must be aware of this restriction.

The underage limit: 0.02%

Finally, no one in Mississippi is supposed to drink alcohol until they turn 21. Therefore, underage drivers have to adhere to a legal limit of just 0.02%. They typically should not have any alcohol in their system at all, so merely registering a positive result could put their license in jeopardy.

Your defense options

Are you facing drunk driving allegations after violating one of the legal limits listed above? If so, it is very important that you understand exactly what legal options you have at this time.  ]]> On Behalf of Brent M. Brumley Attorney at Law <![CDATA[Mississippi’s higher incarceration rate is troublesome]]> https://www.mississippidui.net/?p=46709 2026-05-28T12:11:09Z 2026-05-28T12:11:09Z People who are facing criminal charges often hope that they can avoid incarceration, which is why it may be upsetting to some Mississippi residents to realize that they’re facing charges in a state with a high incarceration rate. A high incarceration rate doesn’t mean that every case will lead to jail or prison. Instead, this means that the criminal justice system here understands that incarceration is a suitable sentence for many crimes, so the possibility must be taken seriously.  If you’re facing charges, you’ll have to think carefully about how to handle your defense. Whether your charge is non-violent or violent, you’ll need to think carefully about the defense strategy you use. 

Why does the state’s incarceration rate matter?

Mississippi had the highest incarceration rate in the nation in 2023, even though the state’s overall crime rate was below the national average. This shows that the incarceration rates aren’t determined by crime rates alone. Instead, charging decisions, plea deals, sentencing laws and access to alternative sentences are all factors of the high incarceration rate. Another thing to consider is that the people who are incarcerated are often there for non-violent convictions. Drug, property, and other non-violent cases can lead to incarceration, as well as other sentences like probation, fines, community service and other penalties.  Working with someone familiar with your case and the court handling it may be beneficial. They can explain your defense strategy options and help you learn how each one may impact your future. Doing this as early in the case as possible gives you time to determine how to proceed and allows you to set up the strategy in a way that you’re comfortable with.   ]]> On Behalf of Brent M. Brumley Attorney at Law <![CDATA[Why people can feel sober when they’re over the legal limit]]> https://www.mississippidui.net/?p=46708 2026-05-17T03:30:17Z 2026-05-17T03:30:17Z Misconceptions and individual differences Alcohol affects everyone differently, and impairment is not always immediate. Blood alcohol concentration (BAC) can continue rising even after someone stops drinking because alcohol may still be absorbing into the bloodstream. Food in the stomach can slow this absorption process, delaying alcohol from reaching the small intestine, where it is absorbed more quickly. As a result, someone may leave a restaurant or gathering believing they are sober enough to drive, only for their BAC to continue increasing afterward. Body chemistry also plays a major role in how alcohol affects a person. Factors such as weight, metabolism and even medications can influence impairment. Two people may drink the same amount and experience completely different levels of intoxication. Because of this, relying on comparisons with friends or previous experiences can create a false sense of confidence. Another common misconception involves alcohol tolerance. People who drink regularly may not show obvious outward signs of intoxication, such as slurred speech or difficulty standing, but that does not mean their driving ability is unaffected. Impaired judgment often begins long before noticeable physical symptoms appear. Alcohol can slow reaction time, reduce decision-making ability and increase risky behavior even when someone feels alert and in control. Unfortunately, many drivers do not realize how impaired they are until after an accident or traffic stop occurs. A drunk driving charge can carry serious consequences. If you are facing a DUI charge, speaking with an experienced legal professional can help you better understand the situation and your options and protect your future.]]> On Behalf of Brent M. Brumley Attorney at Law <![CDATA[Does Mississippi have a drug court program?]]> https://www.mississippidui.net/?p=46707 2026-04-28T15:09:47Z 2026-04-28T15:09:47Z Mississippi does have a drug court and intervention program. This program can sometimes be used to help nonviolent offenders avoid incarceration after a drug-related arrest. The drug court program is judicially monitored, using comprehensive supervision and routine drug testing. Those who are enrolled in the program gain access to treatment services and a structured support system. If they are able to complete the program successfully, it may be possible for them to avoid incarceration and other serious penalties for drug crimes.

Who is eligible for the Mississippi drug court?

Only nonviolent offenders are eligible for the drug court program. They must generally be at least 17 years old under Mississippi law, and they need to demonstrate a moderate to high level of drug or alcohol dependency. Moreover, drug courts are typically used for possession charges. They are generally not used for drug sales, distribution or cases involving the intent to transfer controlled substances to another individual. At the end of the day, the drug court program focuses on addressing underlying addiction issues. A person who has been arrested for a nonviolent possession offense may be struggling with substance abuse. Incarceration does not necessarily address the root of the problem, so there is a risk of reoffending after release.  The drug court program instead emphasizes treatment and monitoring, with the goal of helping individuals overcome addiction and avoid future criminal offenses.

Your legal defense options

If you are facing drug crime allegations in Mississippi, it is important to understand the drug court program and all of the legal defense options available to you.  ]]> On Behalf of Brent M. Brumley Attorney at Law <![CDATA[Don’t take a plea deal out of desperation]]> https://www.mississippidui.net/?p=46706 2026-04-15T21:24:10Z 2026-04-15T21:24:10Z You have legal rights You have the right to a fair jury trial where the prosecution must prove every element of the charge beyond a reasonable doubt. You also have the right to confront and cross-examine witnesses and the right against self-incrimination. When you take a plea deal, these rights disappear immediately. You won’t have an opportunity to be heard or fight your charges.

You may have stronger options

Not every charge leads to a conviction. Evidence can be challenged, witness credibility questioned and legal procedures may be flawed. These details matter more than most people realize at the beginning of a case and can significantly determine how your case unfolds. You may also be in a better position than you think to push for a reduced charge, negotiate more favorable terms or even fight the case at trial. Having experienced legal guidance can help you understand your options when offered a plea deal, make informed decisions and protect your rights.]]> On Behalf of Brent M. Brumley Attorney at Law <![CDATA[Sharing prescriptions could lead to Mississippi drug crimes]]> https://www.mississippidui.net/?p=46705 2026-03-25T15:15:17Z 2026-03-25T15:15:17Z Prescription medications are classified as controlled substances. They are legal for use, but only if there is a valid medical need. Once a doctor has written a prescription and it has been legally filled at a pharmacy, only then can the individual in question possess and use those substances as instructed. One important thing to keep in mind is that sharing these prescription medications is illegal under both state and federal law. Some people believe that they can share the medicine once it is in their possession, and they may be genuinely trying to help someone who has similar ailments or symptoms. People often share with friends, roommates or family members. But all of this is technically illegal and could lead to drug charges for possession of controlled substances.

What should you do with prescription medications?

If you should not share or sell prescription medications, then how do you handle them? In many cases, the answer is simple: You need to take the entire amount. For instance, many antibiotics will instruct you to take them until the pills are gone, even if your symptoms have subsided, or you could relapse. If there is a situation where you have medication that you genuinely do not need, then there are legal ways to dispose of it, such as an appropriate drop box. Professionals warn that you should not simply throw medications in the trash or flush them down the toilet, as both of these solutions can be problematic in their own right, potentially putting the medication into the water table or a landfill.

Your defense options

If you find yourself facing serious drug charges due to a mistake or an oversight, it is crucial to know exactly what defense options you have.]]> On Behalf of Brent M. Brumley Attorney at Law <![CDATA[Could a medical condition lead to a DUI arrest?]]> https://www.mississippidui.net/?p=46703 2026-03-12T16:31:44Z 2026-03-12T16:31:44Z Nobody wants to rack up a DUI, so most folks understand that impairment behind the wheel is never a good thing. Both alcohol and drug intoxication can lead to a DUI arrest, but it is also possible to be charged with drunken driving due to the effects of legitimate medical conditions. Does that surprise you? It shouldn’t, because there are many examples where seriously ill motorists wind up facing charges for driving under the influence. Read on to learn more.

Which conditions are most likely to lead to an arrest?

Diabetes and the unbalanced glucose levels that accompany the malady are probably the most common culprits responsible for DUI police stops and detentions. Both low and high blood sugar levels can cause confusion in diabetic motorists that leads to erratic driving. When a police officer initiates a traffic stop, it’s on suspicion of driver impairment. What happens in the next few minutes determines the outcome of the stop, i.e., being free to go or being placed under arrest. The person may be incoherent from illness and suffering a real medical emergency that could be unrecognized by police.

A much rarer condition

There have been documented cases of DUI arrests that arise from a rare medical condition known as auto-brewery syndrome. With this, some people’s bodies are unable to properly digest carbohydrates. When these people eat normal diets that include carbs, they produce high numbers of yeast in the gut. After meals, instead of being processed naturally by the body, the yeast ferments and produces alcohol. Thus, for these patients, simply eating a high-carb diet induces intoxication.

Medical documentation can be pivotal in your defense

If you have either diabetes or the rarely diagnosed auto-brewery syndrome, being able to document the condition with up-to-date medical records can alter the course of your defense. Learning more about your rights and responsibilities may lead to better court outcomes.]]>