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A 70-year-old Clay County woman is charged with two felonies after allegedly trying to hire a hit man to kill her daughter-in-law. Diana Costarakis is accused of meeting twice with the person she thought was a hitman, but was actually an undercover officer with the Jacksonville Sheriff’s Office, according to a report in the Florida Times-Union. Police said she paid the officer $500 one day and $1,000 the following day as a down payment, the newspaper reported. The rest of the $5,000 to have the woman killed could come from the jewelry she would be wearing at the time of her death, Costarakis is accused to telling the officer, the newspaper reported.

Costarakis is charged with criminal solicitation and criminal conspiracy in this Jacksonville Violent Crimes Case. Both charges are first-degree felonies in this Jacksonville Criminal Case, punishable by up to 30 years in prison. In criminal solicitation and criminal conspiracy cases, the seriousness of the charge is based on the crime the person is soliciting or conspiring to commit. If the crime is a capital crime, such as murder, then soliciting and conspiracy charges are first-degree felonies. So Costarakis is looking at up to 60 years in prison if convicted and sentenced to the maximum penalty on each count. As a general rule, the solicitation felony degree is one level down from the crime the person is soliciting for. So if the base crime is an armed robbery, a first-degree felony, soliciting or conspiring to commit an armed robbery would be a second-degree felony, punishable by up to 15 years in prison. If the conspiracy is based on a third-degree felony, the solicitation or conspiracy charge would be a misdemeanor.

The key in a Jacksonville Violent Crimes Case like this is the state’s ability to prove Costarakis was expressly paying to have the person killed. Police know that and, according to the newspaper report, asked her if the daughter should be killed. Costarakis is accused of saying, “If you don’t do it, I will,” the newspaper reported. On the surface, that doesn’t bode well – and neither do the two cash payments to the officer. Defenses to conspiracy and solicitation in this Jacksonville Violent Crimes Case can be that the suspect was backing out of the plan and changed his or her mind. There is no evidence to that end that has been released so far, but that wouldn’t be something police would voluntarily give up. It would, however, be subject to disclosure as the Jacksonville Violent Crimes Case moves forward. Jacksonville Violent Crimes Cases often appear to be open-and-shut cases when police wrap them up in a tidy bow and present them to the media. But when an experienced Jacksonville Criminal Defense Attorney starts examining the case and investigating the details and tactics used by the police, an entirely different picture can sometimes emerge.

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Prosecutors have finally dropped murder charges against a 98-year-old woman who was found mentally incompetent to stand trial over a year ago. In doing so, Amanda Stevenson now has access to her retirement benefits that had been suspended due to pending charges and those funds can be used for a private long-term care facility where she can live, according to a report in the Florida Times-Union. The back and forth in this St. Johns County Murder Case highlights the fact that a case doesn’t just end once a person is found to be mentally incompetent to face the charges.

Stevenson was charged with second-degree murder in the 2011 shooting death of her nephew, with whom she had an ongoing dispute, the newspaper reported. A year later, Stevenson, who suffers from dementia, was found incompetent, but remained in jail while state agencies went back and forth as to who would be able to take care of her. In May, she was finally released from jail and placed in a mental health facility under the care of the state Department of Children and Families, the newspaper reported. In the motion dropping the charges, two doctors agreed that Stevenson was not going to regain mental competency, likely because of the stage of her dementia and her age, the newspaper reported. In many St. Johns County Murder Cases where mental competency is at issue, the person will be periodically evaluated to determine if competency can be regained – possibly through counseling or medication. The murder charge was punishable by up to life in prison. At 98, practically any sentence amounts to life in prison in this St. Johns County Murder Case.

But, as all of the legal wrangling was working itself out, her retirement benefits were frozen until the charges were formally dropped, the newspaper reported. Different pension and retirement plans operate differently. In terms of social security, payments are only supposed to be suspended when a person is convicted of a felony, not simply charged. But many state plans, for retired teachers or other state workers for example, and disability payments can be suspended once a person is jailed on charges. Part of the argument is that state and federal disability benefits are used to pay for living expenses and, if the person is incarcerated, the state is paying to take care of the person – regardless of whether or not the person has been convicted. Mental competency can be a serious issue, especially in St. Johns County Murder Cases, and the courts have complicated standards as to when a person is mentally able to stand trial – and when he or she is not. Our St. Johns County Criminal Defense Attorney can have your loved one evaluated by a mental health professional and present those findings to the court, if deemed necessary.

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A Jacksonville judge was forced to declare a mistrial last month in the case of a Jacksonville Beach man charged with first-degree murder in the shooting death of his wife. Michael Morris is charged with shooting his wife seven times in the foyer of their home during an argument when both had been drinking, according to a report in the Florida Times-Union. Morris’ neighbor, an off-duty police officer, took Morris into custody and would not let the man back in his home after Morris said he wanted to use one of his 40 guns to kill himself, the newspaper reported.

The issue in this Jacksonville Murder Case isn’t really the crime itself, but rather the charge. The state charged Morris with first-degree murder, meaning the crime was premeditated. Now that doesn’t mean Morris needed to have plotted the shooting weeks or months in advance, but that in that moment when he pulled out his gun and shot several times he intended to kill her. With first-degree murder charges, there are only two possible sentences: life in prison or the death penalty. Because the state was not seeking the death penalty in this Jacksonville Murder Case, a conviction would have resulted in an automatic life sentence for Morris. But Jacksonville Criminal Defense Attorneys argued that Morris should have only been charged with manslaughter. Manslaughter is also a first-degree felony, but the maximum penalty is 30 years in prison. That would still essentially be a life sentence for Morris, 67, but the judge has discretion he or she doesn’t not have in a first-degree murder case. Manslaughter is basically a charge for when someone dies as a result of negligence or as part of another criminal act where there was no intent to kill. For example, manslaughter is commonly charged if two people get into a fight and the one is killed, perhaps from hitting his or her head on the concrete.

It’s impossible to know just how deadlocked the jury was in this Jacksonville Murder Case. For someone to be convicted of any crime in the state of Florida, the jury must be unanimous in its decision. So even just one person who disagrees – and stands his or her ground – can force a mistrial. In some Jacksonville Criminal Defense Cases, a mistrial opens the door to further negotiations and perhaps a plea agreement. In many Jacksonville Murder Cases, though, it adds to the defendant’s resolve, thinking the jury was close to finding the person not guilty. Our Jacksonville Trial Attorney knows every trial carries a significant risk. And although the charge is obviously very serious, that actually doesn’t hold as true in Jacksonville Murder Cases. If the only possibility is life in prison whether the person pleads guilty or goes to trial, why not take the case to trial? The risk factor in other cases varies tremendously and, having represented thousands of defendants on charges ranging from misdemeanors to life felonies, our Jacksonville Criminal Defense Attorney can lay out the options for you or your loved one to make the best decision going forward.

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Jacksonville Misdemeanor charges against an Illinois man arrested during a bomb threat and evacuation at Jacksonville International Airport will go forward, a judge ruled this month. Manuel Rivera is charged with resisting an officer without violence after police said he was acting suspiciously when the airport was emptied last week when another man told agents at a security checkpoint that he had a bomb, according to a report in the Florida Times-Union. There was speculation from the outset that Rivera and the alleged attempted bomber were connected, but police have clarified the two men did not know each other and the man who said he had a bomb was acting alone, the newspaper reported.

As police tried to clear the area near the airport, an officer saw Rivera carrying a bag in a parking garage and ordered him to stop, the newspaper reported. Rivera dropped the bag and pulled away. Police took the bag and checked for explosives and other contraband, but did not find any, the newspaper reported. Rivera was arrested for resisting an officer without violence, a first-degree misdemeanor punishable by up to one year in the county jail. Typically, a resisting arrest charge comes when someone is running from police, or gives officers a hard time when he or she is being questioned by authorities. In many Jacksonville Misdemeanor Cases, the resisting charge is on top of other charges, For example, a person may turn and run when police show up a party. When police eventually catch the person, officers find marijuana in his or her pocket. Then, the defendant could be charged with resisting arrest and marijuana possession. It’s more uncommon to see resisting arrest as the sole charge, but it does happen in Jacksonville Misdemeanor Crimes Cases.

There are two types of resisting charges. There’s resisting without violence, as Rivera is charged, and also resisting with violence. When violence is involved, the charge becomes a third-degree felony in Duval County punishable by up to five years in state prison. In this situation at the airport, police were in the heat of a potentially dangerous situation and had to take everyone and everything seriously. The public may not argue with them arresting people on Jacksonville Misdemeanor Crimes to eliminate the threat and sorting it out later. Well, later is now here. There’s a fine line between resisting arrest and not following the instructions of an officer that doesn’t have a legal basis for stopping you. Now that the airport threat has been eliminated and police know Rivera was not involved, it will be interesting to see how the case plays out.

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A Jacksonville mother sentenced to 20 years in prison after being convicted of firing a warning shot to ward off an abusive husband will now get a new trial. The 1st District Court of Appeal threw out the 2012 conviction of Marissa Alexander last month, citing an issue with what the jury was told about what to consider regarding self-defense, according to a report in the Florida Times-Union. This adds another chapter to the case that has been the subject of protests and rallies by politicians and civil rights leaders who claim the punishment for Alexander did not fit the crime.

Alexander was convicted of three counts of aggravated assault with a deadly weapon in Jacksonville for going to the garage and getting a gun, then firing one shot into the ceiling to stop her threatening husband, the newspaper reported. The other two charges were filed because two children were present during the incident. According to Florida’s 10-20-Life law, Alexander faced a minimum mandatory sentence of 20 years if she was convicted in this Jacksonville Gun Crimes Case – which she was in March 2012. Up to the trial, the state was offering to waive the minimum mandatory sentence for Alexander if she agreed to plead guilty to the Duval County criminal charges and accept three years in prison. She refused and, once she was convicted, the judge had no choice but to give her 20 years. The decision by the appellate court could have wide-ranging effects on Jacksonville Gun Crimes cases, and others in which a self-defense claim could be used.

In every Jacksonville Criminal Defense Case, the jury is read a series of instructions right before they are sent back to deliberate. These instructions include the elements of the charges they are to consider and the standard for conviction on this particular crime. The jury in this Jacksonville Weapon Crimes case was told that in order to find Alexander not guilty by reason of self-defense, that Alexander must prove beyond a reasonable doubt that she was battered by Gray and that’s why she felt she was in imminent danger and got the gun. The appellate court ruled burden of proof should have been on the prosecution to prove Alexander was not acting in self-defense. It’s a subtle point, but one that can be essential going forward with self-defense claims. The language used to the jury in this Jacksonville Gun Crimes Case is fairly standard and will now require a change to stay in accordance with the ruling. And you can bet appellate attorneys are looking at other Jacksonville Gun Crimes Cases to see if a similar statement was made to the jury that could be brought up in hopes of getting the conviction tossed. Now that there’s an opportunity for all parties to reconsider their decision, including Alexander on going to trial with a 20-year sentence hanging over her head, it will be interesting to see how negotiations and this Jacksonville Gun Crimes Case play out.

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A forensic investigator with the Medical Examiner’s Office faces three felony charges amid allegations he was taking jewelry off of dead bodies and pawning the items for cash. Christopher Allen was arrested at work in September after a four-month investigation by the Florida Department of Law Enforcement, according to a report in the Florida Times-Union. The investigation stemmed from a complaint when family members noticed several pieces of jewelry missing from a deceased woman earlier this year, the newspaper reported. Allen had allegedly pawned more than 60 pieces of jewelry at local pawn shops in the last year, and many of the items were things he would have had access to through work, the newspaper reported.

In these Jacksonville Theft Cases, Allen is charged with falsifying a document as a public official, giving false verification of ownership of pawned items and dealing in stolen property. Dealing in stolen property in Duval County is a second-degree felony punishable by up to 15 years in prison, while other two are both third-degree felonies with maximum sentences of five years. In all, he is facing up to 25 years in prison for these Jacksonville Theft Crimes. Allen has not been charged with theft yet, which could be a second shoe to drop in the case. Though, in Florida, theft is often a less serious charge than dealing in stolen property. If the Jacksonville Theft Case involves property that has a value of less than $300, it is a Petit Theft and the charge would be a misdemeanor, not a felony. The maximum jail time on a misdemeanor is one year in jail and a person cannot be sent to state prison on a misdemeanor conviction. If the property is valued between $300 and $20,000, the charge is a third-degree felony that carries a maximum penalty of five years in state prison.

But selling the items changes the charges in Duval County Theft Cases and severely ups the ante. And the cases can be much easier to prove, especially if the property is taken to a pawn shop. If it is, the person selling the items must provide identification and, in many cases, leave a thumbprint that serves as another form of identification. The other element of the crime is that the person had to either know the property was stolen or should have known the property was stolen before selling it. In this Jacksonville Theft Case, if Allen was indeed the one taking the items himself, he obviously would have known they were stolen. Depending on the nature of the crime and the defendant’s record, Jacksonville Theft Cases can be cases where a defendant is offered some sort of pretrial intervention program that can include probation and restitution costs for what was stolen. The nature of Allen’s crime may make that difficult, but it can be an option for others charged in Jacksonville Theft Cases.

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A Jacksonville man was sentenced to life in prison for his role in a Clay County double murder, but he could be released after 25 years in an increasing common sentence for judges waiting for direction on a U.S. Supreme Court decision. Derrell Emery Jr. was convicted of first-degree murder and second-degree murder, Clay County Murders he was charged as an adult for even though he was 17 years old at the time, according to a report in the Florida Times-Union. Emery and Todd Bradshaw went to a house where a man they knew was housesitting, the newspaper reported. They allegedly planned on robbing the man, but when the man fought back, he was shot and killed. Police arrived and when Emery and Bradshaw tried to run, both were shot by police, the newspaper reported. Emery was shot in the ankle, but Bradshaw was killed by police. Prosecutors argued Emery was criminally responsible in both Clay County Murders because he was involved in the robbery that eventually caused both of the murders, the newspaper reported.

In Florida, there are two possible sentences for someone convicted of first-degree murder: life in prison without parole or the death penalty. But last year, the U.S. Supreme Court put a wrinkle in Florida law by ruling juveniles could not be sentenced to life without the possibility of parole, even in Clay County Murder Cases. This ruling came two years after a decision banning life sentences for juvenile on every crime but murder. In the most recent opinion, the Supreme Court argued the life sentence is cruel and unusual punishment. So even though parole does not even exist in Florida, some judges are adding it to the sentences people who were juveniles at their time of their crimes. This is done as a way to try to comply with the Supreme Court ruling, though there has not been direction on what would constitute a proper sentence going forward. Florida abolished parole in 1983 and people who are convicted must serve at least 85 percent of their sentence. No one sentenced to life can be released but, for example, someone sentenced to 10 years must serve at least 8-1/2 years. Laws have been proposed to add parole specifically to comply with the Supreme Court ruling on juveniles, but they’ve gone nowhere as lawmakers are reluctant to appear soft on crime, according to a previous report in the Florida Times-Union. The Supreme Court case provides a challenge for judges in cases such as this Clay County Murder case, but there is plenty of time for further directions. The first few defendants sentenced in these cases will not become eligible for parole for another 24 years.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Clay County Murder Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

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A police officer at Jacksonville International Airport was arrested on a sexual battery charge in Clay County and has been placed on leave from his position. Police said the defendant molested her for nearly a year and the two had “non-consensual sex” several times, according to a report in the Florida Times-Union. The report does not say how old the woman is that the 46-year-old man is accused of sexually battering, but the accuser appears to be an adult and not a child – based on the charges. It’s unclear if there is any sort of work connection to the relationship, but police said the incidents happened in a home and not on airport property, the newspaper reported.

An accusation alone in a Clay County Sex Crimes Case can be enough to tarnish a reputation and be extremely difficult to recover from. Perhaps more than any other type of crime, our society tends to immediately convict someone when a sex crime claim is brought out. In reality, Clay County Sex Crime Cases can be among the most difficult for the state to prove. In many cases, there is little, if any, physical evidence to draw on. And there are generally only two people who know what really happened – the defendant and the alleged victim. In most Clay County Sex Crimes Cases, sexual battery involving two adults is a second-degree felony punishable by up to 15 years in prison. The charge can vary based on other factors, including if the defendant is accused of using force or a weapon during the alleged crime. Clay County Sex Crimes Cases like this one are usually the types of cases that tend to end up in trial more frequently. The way Florida Sex Crimes laws are established, many defendants are reluctant to plead guilty to a sex crime because of the lasting implications. Though trials can be risky, many Clay County Sex Crime defendants end up taking that gamble.

If someone pleads guilty to a Clay County Sexual Battery charge, he or will be designated a sexual offender. That means restrictions will be placed on where the person can live, including how close he or she can live to a church or school – even if the case does not involve a child. Moreover, any time the person changes residences, neighbors are notified that a sex offender has moved in and the nature of the crime is listed. More than any other crime, including a murder, sex crimes are extremely difficult to recover from. And any plea deal or agreement will come with lifelong consequences. Our Clay County Sex Crimes Attorney has represented hundreds of defendants accused of sex crimes and can explain the provisions that come with being classified as a sex offender to let you or your loved one decide the best way to proceed with a case.

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Heavy rains not only flooded local streets, but they also washed more than a dozen bricks of cocaine from the Atlantic Ocean onto beaches in St. Johns County. A man found two individually wrapped packages about 30 feet from one another near a St. Augustine boat ramp and called police, according to a report in the Florida Times-Union. Police fanned out and conducted their own search, finding a total of 16 packages between St. Augustine Beach and Crescent Beach – each weighing about two pounds, the newspaper reported. The drugs have a street value of about $500,000, the newspaper reported.

Similar bricks of cocaine washed to shore in St. Johns County earlier this year and police haven’t said if they are related, the newspaper reported. In that St. Johns County Drug Crimes Case, $7.5 million in cocaine was found. Proving the source of the drugs in this case to the point of actually being able to make arrests and bring St. Johns County Drug Crimes charges could be difficult, but it’s the next step in the case. St. Johns County Drug Crimes Case can be very serious and, as in all drug cases, the charges and penalties are based on two main factors: the type of drug and how much of it the suspect is accused of having. A person can be charged with drug trafficking even if there is no evidence of the suspect selling the drug or arranging to have it sold. In this St. Johns County Drug Crimes Case, even one of the bricks would be enough to face a trafficking charge, which is a first-degree felony punishable by up to life in prison. Because the amount falls between 400 grams and 150 kilograms (about 330 pounds), there is a 15-year minimum mandatory prison sentence that would apply. Again, that penalty is for just one of the bricks in this St. Johns County Drug Crimes Case, not all 16 of them.

Trafficking amounts vary based on the type of drug and, with cocaine, start at 28 grams. Compare that with marijuana, which is a misdemeanor possession up until 28 grams, when possession becomes a felony. Trafficking penalties start at 25 pounds – more than 400 times the amount where trafficking begins in St. Johns County Drug Crimes Cases involving cocaine. Cocaine charges are very serious and often trigger minimum mandatory sentences – even with what may seem to be a minimal amount of the drug.

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A 20-year-old Jacksonville man was sentenced to 10 years in prison for the traffic crash that killed his friend in 2012. David Gallagher was sentenced on the DUI manslaughter charge that he pleaded guilty to in June, according to a report in the Florida Times-Union. Gallagher lost control of the car he was driving about 3:20 a.m., swerved off the road, hitting a mailbox and a parked truck, the newspaper reported. Gallagher suffered non-life threatening injuries. His passenger, though, died at the scene.

Part of Gallagher’s sentence also includes 300 hours of community service to Mothers Against Drunk Driving, the newspaper reported. That could be done during Gallagher’s time in prison, for example. If he is transported to local high schools to talk about the consequences of driving drunk and underage, as he was the night of the accident. The penalties and charges in Jacksonville DUI cases are ultimately based on how much damage a person causes to property or to other people while he or she is driving intoxicated. For example, take a common DUI where a person is pulled over for one reason or another and then arrested for suspicion of driving under the influence. That DUI is a misdemeanor, punishable by up to six months in jail. There are other serious consequences that can come with it, including fines, a driver’s license suspension and mandatory educational classes, but the jail exposure is only six months on a driver’s first DUI. A Jacksonville DUI crash that involves property damage, either another vehicle or running into a fence or building, is still a misdemeanor, but the jail exposure jumps to one year. When injuries to people come into play, stakes increase dramatically. A Jacksonville Driving Under the Influence causing serious bodily injury is a third-degree felony with a maximum penalty of five years in prison. A Jacksonville DUI manslaughter, which is a DUI causing a death, is a second-degree felony punishable by up to 15 years in prison. The charge also carries a minimum mandatory sentence of four years in prison. In Gallagher’s Jacksonville DUI Case, the judge went closer to the maximum, sentencing his to 10 years.

While many misdemeanor charges in Jacksonville DUI cases can be reduced or bring not guilty verdicts at trial, that is far less likely in charges involving injury or death. The biggest reason is people can refuse a breath test in a Jacksonville DUI case. While that comes with a penalty, it significantly reduces evidence in a Jacksonville DUI Case. But, if there is an injury or death, police can take a suspect’s blood without consent and test it for alcohol content. If it comes back that the person was above the legal limit of .08, there’s not much the defense can do. That’s why Jacksonville DUI Manslaughter Cases do not go to trial as often as misdemeanor DUIs and often result in guilty pleas. Our Jacksonville DUI Attorney has represented hundreds of people charged with DUI and knows all of the intricate details police must follow when making a DUI arrest. Our Jacksonville DUI Attorney will thoroughly investigative the case against you or your loved one to determine if there are areas to contest, especially in terms of the traffic stop.

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