Sumrall & Welch, PLLC Sumrall & Welch, PLLC 2026-08-04T03:45:20Z https://www.criminallawyer.ms/feed/atom/ WordPress /wp-content/uploads/sites/1605025/2020/10/cropped-Site-Icon-min-32x32.png On Behalf of Sumrall & Welch, PLLC <![CDATA[Thomas P. Welch, Jr. – “Lawyer of the Year” in Criminal Defense: General Practice in Jackson, MS.]]> https://www.criminallawyer.ms/?p=50931 2025-09-16T20:13:33Z 2025-09-16T20:09:41Z Best Lawyers is pleased to share the public announcement that Thomas P. Welch, Jr. has been recognized by his peers in the 2026 edition “Lawyer of the Year” in Criminal Defense: General Practice in Jackson, MS. In addition to this honor, he will be highlighted in the new edition of The Best Lawyers in America® for his high caliber work in Criminal Defense: General Practice, and DUI / DWI Defense. We are proud to include him in this esteemed group.
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Inclusion in Best Lawyers is based on a rigorous peer-review survey. For more than 40 years, Best Lawyers has been regarded—by both the profession and the public—as the most credible measure of legal integrity and distinction. As such, recognition by Best Lawyers symbolizes excellence in practice.
]]> On Behalf of Sumrall & Welch, PLLC <![CDATA[Penalties for different drug crimes in Mississippi]]> https://www.criminallawyer.ms/?p=50649 2023-05-18T16:47:19Z 2023-05-17T17:20:21Z MS drug crime penalties.

Drug schedules

Schedule I drugs include heroin, LSD, ecstasy and marijuana, while Schedule II drugs are cocaine, methamphetamine, fentanyl, Vicodin and hydromorphone. Schedule III drugs include ketamine, Tylenol with codeine and anabolic steroids, and Schedule IV drugs include Xanax, Ambien, valium and tramadol. Finally, cough medicine with codeine, Lomotil and Lyrica are Schedule V drugs.

Marijuana penalties

Although medical marijuana is legal, recreational marijuana is illegal in Mississippi. Those who possess less than 30g of marijuana can face up to a $250 fine for a first offense.  Posession of less than 30 grams in a Motor Vehicle can face up to 90 days in the County Jail and $1,000 in fines.  Possession of more than 30 grams of marijuana is a felony and the penalties can range from 0 to 40 years in prison and $0 to $1,000,000 in fines depending on the amount and whether it is simple possession or sale/possession with intent.

Schedule I to V penalties

Schedule I and II possession, sale, intent to distribute, manufacture, barter or trade, dispense, etc. of over .1g may result in penalties that range from 0 years to life in prison and $0 to $1,000,000 in fines depending on the amount and whether it is simple possession or sale/possession with intent.  Ilegal possession of Schedule III IV and V controlled substances can carry penalties of 0 to 40 years in prison and fines from $0 to $1,000.000 depending on whether it is simple possession or sale/possession with intent. A subsequent drug offense after a previous conviction can double these penalties, as can possession of a firearm during the course of the offense. Mississippi takes drug crimes seriously, so those involved should understand the penalties they face.]]> On Behalf of Sumrall & Welch, PLLC <![CDATA[Under what circumstances may police use drug-sniffing dogs?]]> https://www.criminallawyer.ms/?p=50647 2023-04-05T12:11:11Z 2023-04-10T12:10:23Z drug-sniffing dogs. Whether they may use one depends on the conditions.

Using drug-sniffing dogs during a vehicle stop

Law enforcement officials may legally pull over drivers for a host of infractions. Examples include speeding, an expired license or going through a red light. As long as the justification for the stop falls within the law, an officer may circle the vehicle with a K9. No warrant is necessary, yet the check cannot be inordinately long.

Using drug-sniffing dogs on the street

Police lack the right to search pedestrians without legitimate suspicion of criminal conduct. Under the right conditions, bags and purses are subject to testing from a trained nose. On occasion, a dog may deliver a positive alert. Officials do not have to gain permission to rummage through personal belongings if it is incidental to an arrest.

Using drug-sniffing dogs at a private home

Warrants are usually necessary for narcotics hounds to inspect residences. Besides interiors, this includes porches and front yards. The exception is when probable cause exists. The qualifications for probable cause are highly narrow, making it tough to justify. Laws exist to protect civilians as well as help law enforcement capture criminals. When police violate these rules, drug charges should be subject to dismissal.]]> On Behalf of Sumrall & Welch, PLLC <![CDATA[2 possible reasons to challenge a search warrant in court]]> https://www.criminallawyer.ms/?p=50641 2025-05-30T13:05:11Z 2023-03-29T18:38:17Z 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 charged as a result of the search. Two search warrant requirements -- that not every warrant issued in Mississippi actually contains -- are:
  • Probable cause. The applicant for the warrant must convince the magistrate that probable cause exists to believe that evidence of a crime is present in the place to be searched. Probable cause basically means the officer requesting the warrant reasonably believed that a crime was taking place on the premises. It is possible to challenge whether probable cause really existed prior to the search.
  • Particularity. A valid search warrant must describe in detail which premises will be searched and what the police are looking for. It cannot be overly broad to give the police to search anywhere, anytime for anything. Lack of particularity in the scope or location of the search could be grounds to challenge the warrant.
The law regarding whether a search warrant meets the requirements of the Fourth Amendment, among other things, is complex. Your rights matter, and defending them should be done right. That means working with an experienced defense attorney.]]> On Behalf of Sumrall & Welch, PLLC <![CDATA[Tips for fighting drug possession charges for medication]]> https://www.criminallawyer.ms/?p=50639 2023-01-27T16:12:03Z 2023-02-01T14:04:54Z 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.

Do you have a prescription?

If the pills found were a prescription medication and you have a prescription for them, providing your medical record and proof of the prescription may help you get the charges dismissed.

Were the drugs found illegally?

Police must follow specific regulations for search and seizure. When they obtain evidence in violation of those regulations, you can petition the court to disallow it. Illegally obtained evidence is prohibited in court. These are a few of the most effective means to defend yourself against drug possession charges.]]> On Behalf of Sumrall & Welch, PLLC <![CDATA[3 types of drug crimes]]> https://www.criminallawyer.ms/?p=50637 2023-01-03T17:16:36Z 2023-01-06T06:14:40Z 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 an illegal substance.  People convicted of trafficking can face up to 40 years in prison or a fine of up to $1,000,000.  Aggravated trafficking can carry up to life in prison as well as a fine of $1,000,000.

2. Possessing drugs

Drug possession is one of the most common of these three drug crimes. It involves having any amount of a controlled substance on your person or personal property. Penalties become stiffer depending on how much of a substance a person possesses and whether it is a first-time or subsequent offense. Possession tends to carry lighter penalties than selling or trafficking, but can still be very damaging.

3. Selling drugs/ Possessing Drugs with intent to Distribute

Selling a controlled substance or possessing a controlled substance with intent to Distribute carry the same penalties.  They range from 3 years in prison up to 20 years for marijuana, and 8 years to to 30 years for any other Schedule 1 or 2 controlled substance, i.e. methamphetamine, cocaine, heroin, etc.  Schedule 3 and 4, Xanax, hydrocodone, etc.  penalties are 5 to 20 years in prison.  Schedule 5, codeine cough syrup, penalties are 5 to 15 years in prison. Trafficking, possessing and selling drugs all carry stiff penalties in Mississippi. When people are aware of what these charges entail, they can take steps to ensure that they do not involve themselves in such activities.]]> On Behalf of Sumrall & Welch, PLLC <![CDATA[When do police have the rights to search your car?]]> https://www.criminallawyer.ms/?p=50635 2022-12-05T08:48:17Z 2022-12-08T08:46:41Z 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 on with their day. However, if an officer finds something in the vehicle that the driver did not know was there, they may still be held liable for it. Thus, it is often beneficial for drivers to refuse to give an officer permission to take a look around, even if they think it would be harmless.

When officers can search without permission

If a driver refuses to give an officer permission to search their car, there are still two situations in which an officer can search it anyway. The first is if they have a warrant for the search. Officers may do this especially if they have pulled a driver over for suspected intoxicated driving. The second is if they have probable cause to do so. This can include smelling a drug, spotting drug paraphernalia, or passengers who seem obviously intoxicated being in the car. In some cases, it is possible to get a search invalidated if it was carried out in disregard of these allowable situations.]]> On Behalf of Sumrall & Welch, PLLC <![CDATA[When can police perform a search without a warrant?]]> https://www.criminallawyer.ms/?p=50632 2022-10-25T09:24:19Z 2022-10-28T09:23:27Z Be careful with permission When an officer asks to look in your vehicle, they often make it sound like you do not need to worry. In some cases, it may sound like a suggestion, such as “Do you mind if I look in your car?” Police will not tell you when you should ask for a warrant, or if you give them permission, they can look anywhere in your vehicle. While a warrant may have limited an officer to a particular area in your car, such as the trunk, giving permission often means they can search your entire vehicle.

Sometimes they don’t need a warrant or permission

There are also times when an officer can search your vehicle without a warrant, even if you do not permit them, such as:
  • When there is probable cause to believe that evidence of a crime is in your car
  • If the officer reasonably believes you may have a weapon or another dangerous object in your vehicle, and they need to search for their own protection
  • When you are under arrest, and the search is related to that arrest
Remember that while an officer may not be able to search your vehicle during a typical minor traffic offense, like speeding, they could encounter reasons to search your car during the stop. For example, if you have illegal drugs in plain view, it might be enough for the officer to perform a more thorough search. Facing criminal charges can have a significant impact on your life. It is essential to talk to a knowledgeable professional about your situation.]]> On Behalf of Sumrall & Welch, PLLC <![CDATA[When should police advise you of your Miranda rights?]]> https://www.criminallawyer.ms/?p=50901 2022-10-17T19:24:31Z 2022-10-17T19:24:31Z The warning is only required before questioning Police don't need to advise you of your rights when they take you into state custody. Instead, they should inform you of your Miranda rights before they attempt to question or interrogate you while you are in state custody. Someone who is under arrest and discussing a criminal matter with the police should receive formal notice of their Miranda rights before moving forward with the conversation. If a police officer arrests you and never questions you, there is no need to provide the Miranda Warning. However, if a police officer asks you questions without providing you with the Warning or if they questioned a loved one who had a language barrier without providing a translation of the Miranda Warning, then a violation may have occurred. If the police violated someone's Miranda rights while questioning them, the courts may exclude any statements or confessions made from criminal proceedings. Miranda violations do not necessarily result in the dismissal of criminal charges, nor do they create a reason for someone to seek compensation in civil court. Those who may have an encounter with the police will be better able to protect themselves and make use of their rights if they know those basic rights before the interaction with law enforcement. Understanding the rules that could influence your criminal defense options can help you better handle the consequences of a recent arrest.  ]]> On Behalf of Sumrall & Welch, PLLC <![CDATA[2 kinds of drug paraphernalia can worsen your drug charges]]> https://www.criminallawyer.ms/?p=50627 2025-06-30T22:40:18Z 2022-07-19T17:58:12Z Scales used for weighing drugs Federal drug enforcement agencies recognize digital scales and even manual postage scales as paraphernalia frequently used in drug transactions. Someone engaged in trafficking drugs to individuals would use such scales to confirm that they are about to transfer the amount someone requested. While those who purchase and use prohibited drugs would also need scales to validate that they get what they paid for, police might use the presence of a scale as grounds to claim you possessed those drugs with the intent to traffic them to others. They can then charge you with a more serious crime instead of simple possession.

Items that could serve as individual packaging

Another seemingly harmless category of drug paraphernalia is individual packaging. Sandwich baggies, empty prescription medication vials or even single-use plastic straws are all objects that people can repurpose when they distribute drugs to others. If you have items that police officers think you would use to repackage the drugs found in your possession, they might use that or any skills you have as justification to charge you with a trafficking offense or a possession with intent to distribute charge. People can defend themselves by providing a different explanation for items that imply criminal activity or even challenging the inclusion of certain evidence in their trials. Understanding why officers charged you with drug trafficking instead of just possession can help you decide the best defense strategy when you go to court.]]>