Defending the Accused in Mississippi Courts

Experienced, Strategic Representation When Everything Is on the Line

If you’ve been arrested or charged with a crime, your next steps matter. At D. Kirk Tharp, Attorney at Law, we provide strategic, aggressive defense for individuals facing misdemeanor and felony charges across North Mississippi. From DUI and drug offenses to violent crimes and probation violations, we fight for the best possible outcome—because your future depends on it.

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From municipal courts to federal benches, we have the credentials—and the courtroom firepower—to represent you at every level, in any jurisdiction, across the state.

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We’ve fought—and won—for thousands of clients across Mississippi, using aggressive, battle-tested legal strategies that get it right when it matters most.

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We listen with intention, build a custom plan around your goals, and push your case forward with precision and force. Every move is calculated. Every step is aggressive.

DUI & Breath Test Refusals

Protecting Your License, Record, and Freedom

DUI charges in Mississippi carry serious penalties, including license suspension, fines, and even jail time. But you have rights—and the state must prove its case. We examine every detail, from the legality of the stop to the accuracy of the breathalyzer and field sobriety tests.


If you refused a breath test or failed one, don’t assume the case is over. We know how to challenge technical evidence and advocate for reduced penalties, dismissal, or alternative sentencing.

  • Is a DUI in Mississippi a felony or a misdemeanor?

    A first or second DUI offense is typically a misdemeanor. A third offense within five years, or any DUI involving injury or death, may be charged as a felony.

  • Can I lose my license automatically after a DUI arrest?

    Yes. Refusing or failing a chemical test can trigger an automatic license suspension—but you have a limited time to challenge it. We can help you file for a hearing.

  • Can DUI charges be reduced or dismissed?

    Yes, depending on the circumstances. We may challenge the stop, test results, or arrest procedure. Each case is different, and we explore every possible defense.

  • Is a DUI in Mississippi a felony or a misdemeanor?

    A first or second DUI offense is typically a misdemeanor. A third offense within five years, or any DUI involving injury or death, may be charged as a felony.

  • Can I lose my license automatically after a DUI arrest?

    Yes. Refusing or failing a chemical test can trigger an automatic license suspension—but you have a limited time to challenge it. We can help you file for a hearing.

  • Can DUI charges be reduced or dismissed?

    Yes, depending on the circumstances. We may challenge the stop, test results, or arrest procedure. Each case is different, and we explore every possible defense.

Drug Charges

From Possession to Trafficking—We Build the Strongest Defense Possible

Mississippi has tough drug laws, and a conviction can impact your freedom, your job, and your future. Whether you’re facing a misdemeanor marijuana charge or a felony involving controlled substances, we dig deep into the facts to find weaknesses in the state’s case.


We handle drug charges involving possession, intent to distribute, prescription fraud, trafficking, and more. Our focus is on protecting your rights, avoiding harsh penalties, and where possible, preserving your clean record.

  • What are the penalties for drug possession in Mississippi?

    Penalties vary by drug type and amount. Possession of even small quantities can lead to jail time, fines, and a criminal record—but diversion or rehabilitation programs may be available.

  • Can I be charged for someone else’s drugs in a car or house?

    Yes, under Mississippi’s constructive possession laws—but we can challenge whether you had actual knowledge or control over the drugs.

  • Will a drug conviction stay on my record forever?

    Some drug charges may be eligible for expungement, especially if it’s a first offense or you complete a court-ordered diversion program.

  • What are the penalties for drug possession in Mississippi?

    Penalties vary by drug type and amount. Possession of even small quantities can lead to jail time, fines, and a criminal record—but diversion or rehabilitation programs may be available.

  • Can I be charged for someone else’s drugs in a car or house?

    Yes, under Mississippi’s constructive possession laws—but we can challenge whether you had actual knowledge or control over the drugs.

  • Will a drug conviction stay on my record forever?

    Some drug charges may be eligible for expungement, especially if it’s a first offense or you complete a court-ordered diversion program.

Felonies & Misdemeanors

From simple assault to serious felonies, we fight to protect your future.

Even a misdemeanor conviction can impact your employment, your record, and your reputation. Felony charges carry even higher stakes. We defend clients against a wide range of criminal charges—from simple assault, theft, and vandalism to aggravated assault, burglary, and more.


We treat every case with urgency and attention, using our knowledge of the courts, prosecutors, and legal system to negotiate, litigate, or resolve your case effectively.

  • What’s the difference between a misdemeanor and a felony?

    Misdemeanors are less serious and typically carry up to one year in jail. Felonies involve more severe penalties, including multi-year prison sentences.

  • Do I need a lawyer for a misdemeanor?

    Yes. A conviction can still result in jail time, fines, and a permanent criminal record. Even minor charges should be taken seriously.

  • Can I get a felony charge reduced?

    It depends on the circumstances. We work to negotiate reductions when possible, based on lack of evidence, procedural errors, or your personal history.

  • What’s the difference between a misdemeanor and a felony?

    Misdemeanors are less serious and typically carry up to one year in jail. Felonies involve more severe penalties, including multi-year prison sentences.

  • Do I need a lawyer for a misdemeanor?

    Yes. A conviction can still result in jail time, fines, and a permanent criminal record. Even minor charges should be taken seriously.

  • Can I get a felony charge reduced?

    It depends on the circumstances. We work to negotiate reductions when possible, based on lack of evidence, procedural errors, or your personal history.

Domestic Violence

Allegations alone can damage your life—we fight to defend your name.

Domestic violence charges often involve complex family dynamics, conflicting accounts, and life-changing consequences. A conviction can affect your custody rights, housing, employment, and ability to possess a firearm.


We approach these cases with care, discretion, and determination. Whether you’re facing a misdemeanor charge or an aggravated domestic violence felony, we’re prepared to build a strong defense and challenge false or exaggerated claims.

  • Will I automatically lose custody if I’m charged?

    Not automatically, but a conviction can impact your custody or visitation rights. We coordinate closely with your family law case to protect your parental interests.

  • Can the alleged victim drop the charges?

    Not directly. Once charges are filed, only the prosecutor has the authority to dismiss a case—but the alleged victim’s cooperation can influence how the case proceeds.

  • Will a restraining order show up on my record?

    Yes. Protective orders and related charges can appear in background checks and impact your rights. We can help fight unjust or unnecessary orders.

  • Will I automatically lose custody if I’m charged?

    Not automatically, but a conviction can impact your custody or visitation rights. We coordinate closely with your family law case to protect your parental interests.

  • Can the alleged victim drop the charges?

    Not directly. Once charges are filed, only the prosecutor has the authority to dismiss a case—but the alleged victim’s cooperation can influence how the case proceeds.

  • Will a restraining order show up on my record?

    Yes. Protective orders and related charges can appear in background checks and impact your rights. We can help fight unjust or unnecessary orders.

Probation Violations

We work to keep you out of jail and protect your second chance.

A probation violation can send you back to jail—even if the original offense was minor. Whether you're accused of missing a meeting, failing a drug test, or being charged with a new crime, the court takes these violations seriously.


We represent clients in probation revocation hearings and work to avoid incarceration. Often, we can negotiate for reinstatement, modification, or alternative sentencing.

  • What counts as a probation violation?

    Common violations include failing to report, missing court-ordered programs, testing positive for drugs, or getting arrested for a new offense.

  • Will I go back to jail automatically?

    Not necessarily. You are entitled to a hearing, and we can argue for alternatives or reinstatement—especially for first-time or minor violations.

  • Can probation be modified instead of revoked?

    Yes. In some cases, conditions can be adjusted rather than revoked. We work to find solutions that keep you in the community and out of jail.

  • What counts as a probation violation?

    Common violations include failing to report, missing court-ordered programs, testing positive for drugs, or getting arrested for a new offense.

  • Will I go back to jail automatically?

    Not necessarily. You are entitled to a hearing, and we can argue for alternatives or reinstatement—especially for first-time or minor violations.

  • Can probation be modified instead of revoked?

    Yes. In some cases, conditions can be adjusted rather than revoked. We work to find solutions that keep you in the community and out of jail.

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The Experience You Need.

The Aggressive Representation You Deserve.

With over 25 years of courtroom experience and a reputation for aggressive, results-driven advocacy, D. Kirk Tharp is the attorney clients trust when there’s no room for error. Whether you’re going through a divorce, facing serious charges, or recovering from a life-changing injury, don’t settle for anything less than legal counsel who’s ready to go to battle for you.