Perry Griffin PC Perry Griffin PC 2026-08-19T16:56:28Z https://www.perrygriffin.com/feed/atom/ WordPress /wp-content/uploads/sites/1603139/2021/12/cropped-site-icon-32x32.jpg On Behalf of Perry Griffin, PC Attorneys At Law <![CDATA[How does constructive possession work in drug cases?]]> https://www.perrygriffin.com/?p=47817 2026-08-19T16:56:28Z 2026-08-19T16:56:28Z How does constructive possession differ from actual possession? Actual possession means officers found the illegal item directly on your person. Constructive possession applies when the item is found in an area under your control:
  • A vehicle glove compartment or trunk
  • A shared apartment living room or kitchen
  • A passenger seat next to a driver
Police officers must establish that you had power and intent to control the illegal property.

What must prosecutors prove in a shared space?

When law enforcement officers discover contraband in a place with multiple occupants, the prosecution faces a higher legal burden. State prosecutors cannot convict you simply because you were present in the room or vehicle. They must present additional incriminating facts:
  • Cash found near the illegal substances
  • Incriminating statements made during a traffic stop
  • Physical evidence like fingerprints or personal property located next to the drugs
These additional factors help the state connect a specific person to the items.

Does proximity to drugs equal guilt in court?

Being close to an illegal substance is not enough to support a criminal conviction. Mississippi courts hold that mere presence near contraband does not prove control. For example, if a passenger in a vehicle has a controlled substance hidden under their seat, the driver is not automatically guilty. Statutory drug fines in Mississippi range from small misdemeanor penalties up to $50,000 or more for felony charges as of August 2026. A criminal record also creates lasting hurdles for job applications and housing options.

How can you protect your future after a charge?

Facing criminal allegations creates immediate financial and personal stress. An officer said you were in control of the area, but state prosecutors still must prove every element of the charge beyond a reasonable doubt. Speaking with a local defense lawyer helps clear up confusion and ensures your constitutional rights remain protected.  ]]> On Behalf of Perry Griffin, PC Attorneys At Law <![CDATA[Can you refuse breath tests during traffic stops in Mississippi?]]> https://www.perrygriffin.com/?p=47816 2026-07-06T13:27:17Z 2026-07-21T13:24:52Z What is Mississippi's implied consent law? Mississippi follows implied consent laws. When you get a driver’s license in the state, you agree to chemical testing if an officer suspects you of DUI. This means that you can technically refuse a breath test. However, your refusal comes with significant penalties. When you drive in Mississippi, you accept chemical testing under certain conditions. Officers may ask for a breath test during a stop or after an arrest. The consequences depend on the test type and the situation. The first breath test during a stop helps establish probable cause for an arrest. On the other hand, the second breath test after a lawful arrest falls under the implied consent law.

What happens if you refuse a breath test?

Refusing a breath test in Mississippi leads to penalties from the Department of Public Safety. A first refusal results in a 90-day license suspension. However, a refusal results in a 1-year suspension if the driver has a prior DUI conviction or non-adjudication on their record. These penalties are separate from any criminal charges. You can lose your license even if you are not charged or are found not guilty. Law enforcement can also use a refusal against you in court. Prosecutors may argue that you refused because you expected to fail. This argument does not always succeed, but it can hurt your defense.

What factors should you consider during a traffic stop?

Several factors can affect your decision during a stop. If you have not been drinking, a test can quickly clear things up and get you back on the road. Your past record also matters. Drivers with prior DUI convictions face harsher penalties for refusal or failure. Some people refuse testing and accept the penalties. Others take the test and comply with the officer’s request. Each situation is different, so think carefully before responding.

Know your rights before making important decisions

Before you respond to a breath test request, understand the consequences of each option. Learn how Mississippi’s implied consent laws work so you can make informed choices during a traffic stop. Staying calm, following instructions and knowing potential consequences can help you make informed decisions during a traffic stop.]]> On Behalf of Perry Griffin, PC Attorneys At Law <![CDATA[How DUI penalties increase after multiple offenses]]> https://www.perrygriffin.com/?p=47815 2026-06-28T01:05:40Z 2026-06-28T01:05:40Z Repeat DUI convictions carry steeper consequences Mississippi uses a lookback period to determine whether a prior DUI conviction affects a recent charge. Each additional DUI conviction can lead courts to impose longer jail sentences, higher fines, longer driver's license suspensions, and additional requirements before you can legally drive again. Depending on the circumstances, a repeat DUI may result in:
  • Mandatory jail time
  • Increased fines and court costs
  • Longer driver's license suspension or revocation
  • Alcohol safety education or treatment programs
  • Installation of an ignition interlock device
  • Community service or probation
These penalties can also become more severe if the offense involves a high blood alcohol concentration, a child passenger, or an accident causing injuries.

How second and third DUI offenses differ

A second DUI conviction generally carries mandatory minimum penalties that are significantly higher than those for a first offense. Judges have less discretion to reduce certain penalties, particularly jail time. By the time someone faces a third DUI, the charge may become a felony under Mississippi law. A felony conviction can lead to lengthy incarceration, substantial fines, the loss of certain civil rights, and long-term damage to employment and professional licensing opportunities. Even after completing a sentence, the consequences of a felony DUI can continue to affect your future for years.

Prior convictions matter

Not every prior offense automatically increases your penalties. The timing of previous convictions and the specific facts of each case can affect how prosecutors classify the recent charge. An experienced defense attorney can review whether prior convictions qualify under Mississippi law and identify any legal issues that may impact the prosecution's case.

Why legal representation is important

A repeat DUI charge does not automatically mean the prosecution will obtain a conviction. Police officers must follow constitutional procedures during the traffic stop, arrest, and investigation. Breath or blood test results may also be subject to legal challenges if officers failed to follow proper protocols. An attorney may evaluate issues such as:
  • Whether the traffic stop was lawful
  • The reliability of chemical testing
  • The administration of field sobriety tests
  • Whether law enforcement violated your constitutional rights.
If you are facing a second or subsequent DUI charge in Southaven, working with an experienced Mississippi DUI defense attorney can help you understand the potential penalties, evaluate your defense options, and navigate the criminal justice process with confidence.  ]]> On Behalf of Perry Griffin, PC Attorneys At Law <![CDATA[Can you get a DUI expunged in Mississippi?]]> https://www.perrygriffin.com/?p=47813 2026-05-26T10:46:00Z 2026-05-26T10:40:44Z driving under the influence (DUI) charge in Mississippi can raise long term concerns for your record, especially when you think about jobs, professional licensing and background checks. While many people assume a conviction always stays on record, Mississippi law creates limited pathways that may allow you to clear certain DUI outcomes. Understanding how these rules work can help you better assess your situation.

How do DUI charges appear on your background check?

Mississippi law treats DUI offenses as criminal matters that can result in a conviction on your record. Once a court enters that conviction, it typically becomes part of your public criminal history. As a result, employers and licensing agencies often encounter it during standard background checks. Because these records can remain visible for years, they may influence hiring decisions or credential reviews. However, the way your case ends plays a key role in whether you can later seek removal of the record.

When can a first offense DUI qualify for expungement?

Mississippi law provides limited pathways for expungement in certain first offense DUI cases. You may ask the court to consider expungement if you meet the eligibility requirements established by statute. These requirements often include several conditions, such as:
  • Has at least five years passed after completing all court ordered requirements?
  • Did you avoid refusing a breath, blood or urine test during the arrest?
  • Was your blood alcohol concentration below 0.16% at the time of the offense?
  • Did you avoid holding a commercial driver’s license at the time of the incident?
If you meet these conditions, you may ask the court to consider clearing the conviction. Even then, the court reviews the request and decides based on the facts of your case and the legal standards that apply.

How does the non-adjudication process affect your record?

In some first offense cases, Mississippi law also allows a process called non-adjudication. This option takes place during the court process rather than years after a conviction. In a non-adjudication arrangement, the court may require you to complete certain conditions before entering a final conviction. These conditions can include things such as fines, alcohol safety education and the use of an ignition interlock device. If you complete all requirements, the court may dismiss the charge. At that point, you may have the option to request expungement of the arrest record, depending on court approval.

How does expungement affect background checks?

Expungement may change how your record appears during screenings since DUI records can affect how employers and licensing boards view your history. The impact often depends on the type of check and the role you pursue. In general, when a court grants expungement, the law treats the record as cleared for most public purposes. In many situations, you may state that you do not have a conviction for the expunged offense, although certain government agencies may still access sealed records in limited circumstances.

What key factors affect DUI expungement eligibility?

Mississippi DUI expungement laws set narrow conditions and the resolution of your case heavily determines your eligibility. As you review your options, it often helps to focus on how your record reflects the outcome of your arrest. Some important factors include:
  • Was your case resolved as a conviction or dismissal?
  • Did you complete all court ordered requirements in full?
  • Do you meet the eligibility standards under Mississippi expungement statutes?
Because each situation differs, the outcome often depends on the details tied to your arrest and court record.

Next steps for securing your clean slate

Mississippi law creates a structured process for DUI records, with limited opportunities for expungement in certain first offense situations. As you review your legal options, it often helps to focus on the resolution of your DUI case and whether it fits within the statutory criteria for relief.]]> On Behalf of Perry Griffin, PC Attorneys At Law <![CDATA[What factors can affect your breathalyzer results?]]> https://www.perrygriffin.com/?p=47812 2026-04-28T11:04:26Z 2026-04-28T11:04:26Z Medical conditions and substances Your body's chemistry plays a significant role in breathalyzer accuracy. Certain medical conditions might cause elevated readings even when you have not consumed alcohol. For instance, diabetes can produce acetone in your breath. Some devices may misinterpret this as alcohol. Similarly, acid reflux or GERD can bring stomach contents back into your mouth. This could potentially affect the reading. You might also consider that mouthwash, breath sprays and certain medications contain alcohol. Using these products shortly before a test could temporarily spike your results. Even some over-the-counter cold medicines have alcohol content that might register on the device.

Environmental and technical factors

The breathalyzer device itself matters considerably. Older or poorly maintained equipment may produce inaccurate readings. Calibration is essential for these machines. If they have not been properly serviced, the results could be unreliable. Temperature can also affect your test results. Your body temperature affects the rate at which alcohol is eliminated through your breath. If you have a fever, it could also potentially influence the reading. External temperature and humidity levels might impact the device's performance. The timing of your test is another crucial element. Your blood alcohol concentration changes over time as your body processes alcohol. Testing during the absorption phase versus the elimination phase can yield different results. This could happen even if you stopped drinking at the same time.

What this could mean for you

While breathalyzers are commonly used tools, they may not always be accurate. Various biological, environmental and mechanical factors can influence the outcome. If you are facing charges based on breathalyzer results, understanding your rights is important. Knowing that you have options and that these factors exist can help you make informed decisions about your situation.]]> On Behalf of Perry Griffin, PC Attorneys At Law <![CDATA[Why do officers in Mississippi stop you for field sobriety tests?]]> https://www.perrygriffin.com/?p=47811 2026-03-24T16:01:57Z 2026-03-24T16:01:57Z What officers look for during a traffic stop When officers conduct sobriety tests, they keep an eye out for certain signs. By studying how you drive, how you behave during the stop and how well you can perform simple tasks, they can gather evidence for a DUI arrest. Signs officers pay attention to include:
  • Driving habits: Swerving, taking wide turns, drifting or being late to hit the brakes
  • Physical behavior: The smell of alcohol, slurred speech, glassy eyes or open liquor containers
  • Other indicators: Struggling with balance and coordination, difficulty following instructions or inability to count or think with clarity
All of these clues help an officer decide what to do next. Even small mistakes or unusual behavior can add up and arouse suspicion, influencing the decision to conduct further testing. If an officer asks you to take part in breath and blood tests, you may face a license suspension for refusing under Mississippi’s implied consent law.

Understanding your rights during field sobriety tests

Officers use field sobriety tests to help them decide if there is enough evidence to make a DUI arrest. If an officer stops you, stay calm, be polite and remember your rights. Field sobriety tests are voluntary, which means you can refuse to participate without facing legal penalties. Just keep in mind that saying no may arouse an officer’s suspicion if they already assume you are driving under the influence. If you receive a DUI charge in Mississippi, understanding the difference between voluntary field tests and mandatory chemical testing is crucial to your defense. With the help of an attorney, you can deepen your understanding of complex laws, familiarize yourself with your rights and seek guidance on how to proceed.]]> On Behalf of Perry Griffin, PC Attorneys At Law <![CDATA[What a title problem means for your home closing]]> https://www.perrygriffin.com/?p=47810 2026-02-23T08:27:51Z 2026-02-23T08:27:51Z What is a real estate title issue? A real estate title issue is a defect in the property’s legal ownership record. Before you close, a title company searches county records to confirm that the seller has the legal right to transfer the home to you. If that search reveals a claim, error or ownership gap, the transaction cannot move forward because the property does not have a clean, marketable title. Until the issue is resolved, you cannot receive full legal ownership.

What causes real estate title issues?

Most title problems arise from unresolved financial claims or recording mistakes. Common causes include:
  • Unpaid property taxes – If a prior owner did not pay property taxes, the government can place a tax lien on the home, which must be paid before ownership transfers.
  • Unpaid contractor work – If someone renovated or repaired the property and never paid the contractor, that contractor can file a mechanic’s lien against the home.
  • Court judgments – If a prior owner lost a lawsuit and did not pay the judgment, that debt can attach to the real estate they own.
  • Clerical errors – Mistakes in deeds, such as misspelled names, incorrect legal descriptions or missing signatures, can create confusion about legal ownership.
  • Ownership disputes – Boundary disagreements or previously unknown heirs can raise questions about who truly owns the property.
Each of these creates legal uncertainty about the property, and lenders will not fund your loan while that uncertainty exists.

What should you do if a title issue appears?

If a title issue appears, you should immediately ask for specifics. You need to know what the issue is, who must fix it and how long the resolution will take. In many cases, the seller resolves the issue by paying off a lien, filing corrective documents or securing a recorded release. Your closing may shift while that work happens, but the goal remains the same: to clear title before money changes hands.

Before you sign, make sure it is truly yours

You should never treat a title issue as a minor technicality. The purpose of the title search is to protect you from inheriting someone else’s debt or dispute. If the explanation feels vague or the resolution seems rushed, slow the process down and get clarity before you proceed with the sale. Speaking with a real estate attorney when something does not sit right can give you perspective and protect your investment. Take that extra step to ensure that when you close, the home truly belongs to you.]]> On Behalf of Perry Griffin, PC Attorneys At Law <![CDATA[The truck driver was tired: Can I seek damages for the crash?]]> https://www.perrygriffin.com/?p=47809 2026-01-22T10:32:31Z 2026-01-22T10:32:31Z Drowsy driving kills. When driver fatigue causes an accident that leaves you with serious injuries, the law recognizes this as preventable negligence. You generally have the right to pursue compensation for your medical bills, lost wages and ongoing pain.

Exhaustion creates the same dangers as drunk driving

Tired drivers pose serious threats on the highway. According to the Harvard Division of Sleep Medicine, staying awake for 24 hours makes a driver as impaired as someone with a 0.10% blood alcohol level. Exhausted drivers have slower reaction times and poor judgment, which often lead to devastating rear-end crashes or lane departures. Fatigued drivers sometimes fall into "microsleep," brief moments where they lose consciousness for several seconds. During these episodes, they may fail to brake before impact. This lack of braking increases the force of the collision and makes your injuries much worse.

Federal laws and rest requirements

To follow federal law, commercial truckers must obey the Federal Motor Carrier Safety Administration's strict Hours of Service rules. These rules dictate how many hours a driver can work before they must stop to sleep. When a driver violates these limits, they likely break the law and put your life at risk. Your legal claim can use these violations to prove the driver acted with negligence.

Pursuing compensation and justice

Mississippi law allows you to hold multiple parties responsible for injuries caused by a fatigued driving accident. The truck driver bears direct responsibility for choosing to drive while tired. The trucking company may share liability if they pressured the driver to meet unrealistic deadlines or failed to monitor compliance with safety regulations. State law typically requires you to file a lawsuit within three years of the crash date. If you miss this deadline, you lose your right to seek compensation from the at-fault parties.]]> On Behalf of Perry Griffin, PC Attorneys At Law <![CDATA[3 reasons commercial closings take longer than home closings]]> https://www.perrygriffin.com/?p=47807 2025-12-23T14:21:41Z 2025-12-23T14:21:41Z More people need to be involved Commercial closings take longer because more parties review, approve or finalize details before the deal moves forward. You often work with lenders, attorneys, business partners, tenants and sometimes local officials. When one person holds things up, the entire timeline shifts with them.

The review process is more detailed

You review more than just the building itself. Commercial buyers often go through leases, zoning restrictions, environmental reports and financial records tied to the property. Each extra layer takes time, but this process helps you avoid costly surprises later.

Financing moves through extra steps

Lenders apply more scrutiny to commercial loans, so you end up submitting more documents, answering more questions and completing more rounds of review. These extra steps slow things down, especially when you need to clarify something or resubmit paperwork.

How to avoid last-minute delays

Stay proactive. Organize your documents early, follow up quickly when someone requests information and update your lender regularly. If a problem pops up, bring in a real estate lawyer who can help you solve it before it derails the closing. When you plan ahead and respond quickly, you give your deal a much better chance of closing on time.]]> On Behalf of Perry Griffin, PC Attorneys At Law <![CDATA[4 common misconceptions about DUIs that can derail a case]]> https://www.perrygriffin.com/?p=47806 2025-12-01T03:43:15Z 2025-12-01T03:43:15Z A DUI charge is already stressful, but the confusion around the process often makes it worse. Many people rely on assumptions, advice from friends or outdated information. These misunderstandings can affect the choices someone makes in the hours and days after an arrest. Clearing up these four common misconceptions helps individuals stay grounded and better prepared for what lies ahead.

1. “A first-time DUI isn’t serious.”

Many believe a first offense will lead only to a fine or a brief inconvenience. In reality, first-time DUIs often involve license limits, education programs and possible changes in insurance. Courts across the country treat impaired driving as a public safety issue, even when someone has no prior record. Knowing this early helps people prepare for the steps ahead.

2. “Refusing a breath test avoids consequences.”

Refusal does not make the situation go away. Mississippi enforces implied consent laws, which apply as soon as a driver uses public roads. Refusing a chemical test often triggers an automatic license suspension and may lead to additional penalties. Understanding this prevents surprises during the first stages of the case.

3. “Sobriety tests always reflect impairment.”

Many expect roadside tests to work like scientific tools. Instead, field sobriety tests depend on balance, coordination and following instructions under pressure. Weather, uneven pavement or medical conditions can influence performance. Officers treat these tests as observations, not final proof of impairment.

4. “The case ends once the court issues a sentence.”

A DUI can affect life long after the final hearing. Conditions linked to license reinstatement, insurance or ignition interlock devices often extend past the court date. Knowing these requirements helps individuals plan for the months ahead and avoid compliance issues that can lead to further delays. These misconceptions show how small misunderstandings can complicate an already stressful situation.

Moving toward steadier ground

A DUI can disrupt routines and create uncertainty, but when you understand the realities behind the process, you regain the ability to make thoughtful choices. With the right support, it becomes easier to manage requirements, stay organized and protect your long-term stability. If you are facing a DUI in Mississippi, you should consider speaking with an attorney who can provide clear, personalized guidance every step of the way.]]>