Brent M. Brumley Attorney at Law Jackson MS Criminal Defense Attorney | Tri-County Mississippi Misdemeanor Defense Lawyer 2026-05-28T12:11:09Z 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[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.]]> On Behalf of Brent M. Brumley Attorney at Law <![CDATA[A pocket breath test doesn’t always prevent impaired driving]]> https://www.mississippidui.net/?p=46702 2026-03-02T00:27:13Z 2026-03-02T00:27:13Z Alcohol absorption takes time A person's blood alcohol concentration (BAC) does not instantly spike the moment they ingest alcohol. It slowly rises over time as the body absorbs the alcohol in their beverages. A person could pass a test before they drive and then fail a test administered 20 minutes later.

Calibration issues are common

A personal device is not automatically accurate and reliable. Breath tests, like any device used to conduct scientific measurements, require regular calibration. If people don't calibrate their devices, they could fail subsequent tests because their personal devices are completely inaccurate. In cases where people have made concerted efforts to avoid impaired driving, those efforts could potentially factor into their criminal defense strategies. They could also have reason to question the accuracy of a state test if their device is accurate and showed a much lower BAC. Reviewing personal and police chemical test results with an attorney can help drivers evaluate different options for a DUI defense strategy. Drivers who understand the limits of personal testing systems can be more fastidious about ensuring their legal compliance and safety on the road.]]> On Behalf of Brent M. Brumley Attorney at Law <![CDATA[The consequences of helping or encouraging someone to shoplift]]> https://www.mississippidui.net/?p=46701 2026-02-16T01:21:58Z 2026-02-16T01:21:58Z Stealing merchandise from a store used to be considered a relatively minor crime in many cases. However, retail theft has gotten far more organized, destructive and costly to retailers.  Laws addressing “organized retail theft” have become increasingly common throughout the U.S. These laws often pertain to those who are involved in the planning of a theft and those who sell and profit from the theft, even if they weren’t the ones who stole the merchandise or even at the scene. Here we’ll look at two Mississippi laws that address those who assist or encourage people to engage in shoplifting.

“Aiding, abetting or encouraging” a shoplifter

Stealing (shoplifting) merchandise valued at $1,000 or more is considered grand larceny, which is a felony. So is helping someone commit that offense. The law treats those who shoplift and those who assist them the same. It states, “A person convicted of shoplifting merchandise, acting in concert with, aiding, abetting, or encouraging one or more persons to commit such crime, regardless of whether such others are prosecuted for such crime, for which the total price of all items shoplifted…exceeds One Thousand Dollars ($1,000.00), shall be guilty of a felony…for the offense of grand larceny.” That’s for a first offense. The fines increase with subsequent offenses. If a person over 18 encourages or assists someone under 18 to shoplift, they can be charged with an additional crime, which is a misdemeanor. They can face a $750 fine and up to 30 days behind bars for a first offense. This can apply if an older sibling or friend encourages a younger one to steal something or a parent encourages their child to do so because they think it’s less likely that a retailer will catch them or call the police. Anyone who is facing a shoplifting-related charge needs to take it seriously because the state does. It’s smart to get legal guidance as soon as possible.]]> On Behalf of Brent M. Brumley Attorney at Law <![CDATA[Could a dashcam help you avoid criminal charges?]]> https://www.mississippidui.net/?p=46700 2026-02-09T14:15:03Z 2026-02-09T14:15:03Z Driving is one of the most common times for the average person to pick up a criminal record. One minute, they are a law-abiding citizen, then all of a sudden, they are facing charges over something that happened while driving and are looking at the possibility of a criminal record. It’s possible that having a dashcam could reduce the chance that this happens. Here is how.

Fighting a DUI charge

Let’s say you are charged with a DUI after the police pull you over. A common defense strategy is to challenge the basis for the initial traffic stop. Officers cannot simply stop a vehicle on a whim to search for drunk drivers. Instead, they must have a reasonable suspicion that a driver may be impaired to initiate the stop, and that usually involves allegations that a driver was weaving, missing stop signs or otherwise driving erratically. If this is untrue, your dashcam footage can be used as evidence to counter their claim. If you were maintaining a straight line and driving entirely normally, this should be evident from the footage.

Countering additional allegations

Not every encounter with the authorities ends peacefully. Tensions can be high at traffic stops, and the wrong move can cause certain officers to react very strongly. Sometimes, an officer will allege that a defendant was resisting arrest or otherwise aggressive -- and that can lead to charges and a conviction even when no other crime occurred. Footage from an in-car camera can prove invaluable in these situations, since it can often be used to document police encounters from start to finish. If you believe your dash cam could help you fight criminal charges, it is wise to seek legal guidance to determine the best course of action.]]> On Behalf of Brent M. Brumley Attorney at Law <![CDATA[Why drug trafficking charges might be federal offenses]]> https://www.mississippidui.net/?p=46697 2026-01-19T14:46:44Z 2026-01-19T14:46:44Z accused of drug trafficking may find themselves facing federal criminal charges instead of state charges. Why does the federal government often prosecute drug trafficking cases?

International or interstate implications

Frequently, the supply of a drug is outside of the jurisdiction where police officers arrest an individual. Drugs brought in from another state or another country create jurisdiction issues that might justify federal prosecution.

Federal investigations

Local police departments sometimes reach out to federal agencies, including the Drug Enforcement Administration (DEA) or the Federal Bureau of Investigation (FBI), when there are suspicions of significant drug trafficking activity. When federal agencies investigate criminal activity or arrest individuals, federal prosecution is more likely.

Claims of a conspiracy

Frequently, drug trafficking involves multiple people. Federal prosecutors may take control of the case and may pursue conspiracy charges. Federal statutes may allow for the prosecution of everyone implicated in a scheme through a single criminal case. Anyone facing federal drug charges is at risk of a life-altering criminal record and possibly even a mandatory minimum sentence. Working with a criminal defense attorney can help those at risk of federal prosecution understand their options before their case pleads out or goes to trial.]]>