Former day care owner gets 20 days in prison over the next 10 years for role in child's drowning

November 27, 2013

A day-care owner pleaded guilty to a reduced charged in the drowning death of a child and will have to spend two days in jail for each of the next 10 years as part of her punishment. Jan Buchanan pleaded guilty to culpable negligence and must report to jail on the birthday and on the anniversary of the death of a 2-year-old who drowned in a pool at her home, according to a report in the Florida Times-Union. Buchanan was originally charged with Duval County aggravated manslaughter of a child, a first-degree felony punishable by up to 30 years in state prison. The charge was reduced to a second-degree felony with a maximum of 15 years in prison but, given the negotiated sentence, the actual charge isn't as big of a deal.

Buchanan was the only adult in the home and took seven kids under the age of four swimming in the yard, the newspaper reported, Once they were done, she brought the children inside and was tending to an infant. She lost sight of the 2-year-old for between 10 and 15 minutes, then found a sliding door open and the boy in the pool, the newspaper reported. Buchanan, who was in the process of renewing her state child care license, had the charge of operating an unlicensed day care dropped. Other parameters of the plea deal include 10 years of probation, during which Buchanan cannot operate a child care center. As part of the plea in this Jacksonville Felony Case, she also must give $2,000 a year to Safe Kids, an organization that promotes water safety, the newspaper reported.

This is the state's way of trying to make a public relations move and make people forget that a woman who was charged with a crime and facing 30 years in prison is only serving 20 days in jail for a Jacksonville Felony Case. The child's parents supported Buchanan and remain friends with her, so it they were not likely to be on board for a lengthy prison sentence. And while the state doesn't need to run everything by a victim or victim's family, prosecutors generally prefer to have them in agreement with a sentence when possible - particularly if the case is going to end up going to a trial. From the perspective of a Jacksonville Criminal Defense Attorney, it appears to be a deal you'd have to go along with - excessively personal or not. The state can structure it and spin it any way it wants, but the bottom line is Buchanan is looking at less than three weeks in jail as opposed to three decades in prison. Sometimes it takes a creatively structured agreement, or simply letting the state have its day, to get the best deal in a Jacksonville Felony Case. Our Jacksonville Criminal Defense Attorney leaves no option off the table when it comes to negotiating on behalf of her clients in Jacksonville Felony Cases, or any case in the criminal justice system.

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 Jacksonville Felony Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Jacksonville man's conviction overturned because of improper testimony from police officer

November 25, 2013

A judge has ordered a new trial for a Jacksonville man convicted of six counts of aggravated assault after a judge ruled an officer's testimony crossed the line and may have influenced the jury. Randal Ratledge was convicted at trial earlier this year, accused of firing one shot into the air and another into a group of neighbors in August 2012, according to a report in the Florida Times-Union. No one was hurt and Ratledge has said he didn't remember the incident and his Jacksonville criminal attorney argued Ratledge had a bad reaction to a sleeping pill.

During the trial, an officer testified that Ratledge told the officer "he made a mistake and did not want to talk about the incident," the newspaper reported. Immediately after the comment was made, Ratledge's Jacksonville Trial Attorney asked for a mistrial, but the judge denied the request and Ratledge was eventually found guilty by the jury, the newspaper reported. But the job of a Jacksonville Trial Attorney does not end there. Following a trial, there are other measures a Jacksonville Criminal Defense Attorney can take to work to get a new trial in the case. In this Jacksonville Gun Crimes case, the attorneys focused on the officer's testimony and found previous cases that showed similar testimony resulted in the conviction being thrown out. The issue was that by saying what Ratledge said, the officer violated Ratledge's Fifth Amendment right against incriminating himself.

Typically, these issues are handled in appellate courts and can come a year or more after the trial. Attorneys routinely file motions for new trials following a case. In this Jacksonville Gun Crimes case, the judge saw the error and ordered a new trial before Ratledge was sentenced to prison. He was facing a minimum mandatory sentence of 20 years in state prison and up to 120 years - 20 years for each of the six counts. At 56, much more than the minimum 20 years could end up effectively being a life sentence for Ratledge. Ratledge had been in jail awaiting sentencing, but will now have a hearing next month to determine if he can be released on bond until the second trial - or until the case resolves, whichever the case may be. It seems likely that there will be another trial - there's nothing of consequence the state lost in terms of evidence. They'll have to make sure the officer doesn't say something similar on the stand, but prosecutors can essentially run the same case. This Jacksonville Gun Crimes case is a prime example of how a Jacksonville Trial Attorney's work continues after the actual trial is complete - even after a conviction would seem to end the case.

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 Jacksonville Gun Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Driver gets 12 years in prison for crash that killed sleeping Jacksonville teen

November 22, 2013

The man who drove his van into a Jacksonville home and killed a sleeping 17-year-old was sentenced this month to 12 years in state prison. Ismet Sijamhodzic ran a stop sign and his car left the road, driving onto the lawn and through the front bedroom of the Southside Jacksonville home, according to a report published on News4Jax. The 52-year-old man had a marijuana and prescription medication used to treat depression in his system at the time of the crash, the television station reported. Sijamhodzic pleaded guilty earlier this year to vehicular homicide, a second-degree felony with a maximum sentence of 15 years in state prison. Instead of seeking the maximum, prosecutors asked for a 12-year sentence because Sijamhodzic did not have a criminal record and because the family of the victim was in agreement that 12 years was a sufficient amount of time in prison.

Vehicular homicide is a Jacksonville Traffic Charge in which the state must prove someone was killed and the death was "caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another," according to Florida law. In this Jacksonville Traffic Case, Sijamhodzic went right through a stop sign and hit the home with enough speed and force that the van went through the front of the home and into the teen's bedroom. While there was no intent to harm her, there doesn't need to be one in this Jacksonville Traffic Case. There only needs to be evidence that the person was driving recklessly and, Sijamhodzic and his defense team must have felt there was enough there in this Jacksonville Traffic Case that it was worth taking a deal and resolving the case. In many similar cases, the judge will hold a sentencing hearing to hear from both sides where they state their case and desired sentence. Often, the judge will then set a date for a couple of weeks following the hearing to announce the sentence.

Sijamhodzic says he still does not remember the crash. He told police he bought a Xanax from his niece and took it that day, but he thought it was a painkiller. The state chose to charge him with vehicular homicide instead of DUI manslaughter, likely because running the stop sign provided obvious proof needed in the case. Had prosecutors chose DUI manslaughter, they would have to prove that Sijamhodzic was impaired at the time of the crash, which is more difficult with drugs that can stay in your system for several days. Plus, DUI manslaughter has the same maximum sentence as vehicular homicide, so prosecutors can pick and choose which one best aligns with the fact of their case.
Our Jacksonville Traffic Attorney represents everyone from people trying to avoid points on their license after a speeding ticket to vehicular homicide.

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 Duval County Violent Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Army recruiter arrested on Clay County sexual battery charge

November 20, 2013

An Army recruiter was arrested this month on a sexual battery charge, accused of having sex with Clay County high school student. Reginald Richardson is charged with sexual battery on a person between the ages of 12 and 18, according to a report in the Florida Times-Union. The victim told a school official she had repeatedly refused to have sex with the 39-year-old Richardson, but eventually agreed so he would leave her alone, the newspaper reported. The alleged assaults occurred three or four times this calendar year, according to the newspaper report.

Many cases of Clay County sexual battery such as the one Richardson is charged with are second-degree felonies with a maximum sentence of 15 years in prison. But, in this Clay County Sex Crime Case, prosecutors are saying that Richardson had a "familial or custodial" relationship with the victim. Legally, that can make the crime a first-degree felony, punishable by up to 30 years in prison. The "familial or custodial" role often applies to stepfathers, grandparents, teachers or people who have a leading role at a church, such as a pastor or youth group leader. The crux is the adult accused is said to be using his or her position as an authority figure to coerce the child or teen into having sex. Whether the defendant uses that role as a point of influence is inconsequential, according to Florida law. The mere presence of that relationship is enough to make the charge a first-degree felony.

The relationship in this Clay County Sex Crimes case is not clear, based on the newspaper report. There is also a provision of the "familial or custodial" element that applies to a person who is "in a position of control or authority as an agent or employee of government," according to Florida law. The state could be using Richardson's role in the military to quality as the custodial trigger to elevate the charge to a first-degree felony. At the time of the initial news of the arrest, an Army spokesperson said it had not received notification of the arrest from police, so it had not taken any disciplinary action against Richardson, the newspaper reported. While any felony charge can be difficult to live down, it is even worse in Clay County Sex Crimes Cases. Our system is built around an accused being innocent until proven guilty but with sex crimes, it seems an accusation is all society needs to brand someone as rapist or a pedophile. Our Clay County Sex Crimes Attorney has represented hundreds of people accused of various sex crimes and can go over the details of the investigation with you and explain the ramifications of a guilty plea or a conviction in a Clay County Sex Crimes Case that are often more permanent than in other types of crimes.

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 Sex Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Man charged in Clay County burglary for taking items from a car while owner had his back turned

November 18, 2013

Police arrested a man accused of taking a wallet and cellphone out of a car while the driver was renting a movie from an outdoor kiosk. Christopher Tate turned himself in after seeing his picture on the news in connection with the crime, according to a report in the Florida Times-Union. Tate is now charged with Florida burglary from an unoccupied structure and grand theft. Both charges are third degree felonies, punishable by up to five years in state prison, so Tate could be looking at up to 10 years in prison.

In Clay County Theft Cases, taking something valued at less than $300 is a misdemeanor punishable by no more than a year in the county jail. The crime becomes a felony at $300 and then exposes the defendant to up to five years in state prison. In this Clay County Theft Case, the phone Tate is accused of taking was valued at $600, which made the case a felony. The other charge Tate is facing in this Clay County Theft Case is burglary. While the two terms are often used interchangeably, there's an important distinction to be made in between a robbery and burglary in Clay County Theft Cases. A burglary is taking something from a building or a car. In most Clay County Theft Cases, burglary is a third-degree felony. It can become a second-degree felony if the suspect is accused of going into a home with people inside, or if the person has a weapon on his or her person.

A robbery is a Clay County Theft Crime where someone is accused of taking something directly from another person by using or threatening violence to force the victim to hand over the money or other property. Robbery is viewed much more seriously by the court in Clay County Theft Cases. At the bare minimum, robbery is a second-degree felony. If the defendant has a weapon, the crime is a first-degree felony punishable by up to 30 years in prison. If the defendant is accused of showing the weapon in the course of the robbery, he or she could be sentenced to up to life in state prison. Burglaries and robberies are both serious Clay County Theft Crimes, but they are not treated equally by the court system. Our Clay County Theft Attorney is experienced in defending both types of crimes and will thoroughly investigate the case against you or your loved one.

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 Theft Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Arrests down this year for Jacksonville's annual Florida-Georgia football game

November 15, 2013

Police arrested fewer people and issued fewer criminal citations during this year's Florida-Georgia game than they did last year. They were 32 arrests in Duval County, including two on felonies, compared with 38 arrests in 2012, three of which were felonies, according to a report in the Florida Times-Union. Police also issued 64 criminal citations, down significantly from the 111 handed out last year, the newspaper reported.

Criminal citations are issued for minor Jacksonville Misdemeanor Crimes such as possession of alcohol by a minor. When a citation is issued, the person will be given a date to appear in court on the alleged violation, but will not have to spend the night in jail. The annual Florida-Georgia football game brings partiers downtown from all over, including those who park their RVs near the stadium start on Wednesday for a Saturday game. Police could likely make hundreds of arrests in and around the downtown entertainment district, but appear to focusing more on keeping people safe rather than making arrests. People, especially college students, often make poor decisions when alcohol is involved and it can be unfortunate when someone ends up with a criminal record for a minor scuffle at a football game. Anything from a Jacksonville battery charge for a fight to DUI to even indecent exposure can be a potential charge if things get out of hand.

And while the initial thought is often to just pay the fine or plead guilty and get it over with, that can end up being a decision that sticks with a person forever, even if it is just a Jacksonville Misdemeanor Case. By paying a fine, you are admitting guilt. That goes for a minor in possession of alcohol, just as it does for a speeding ticket in Jacksonville Traffic Cases. Even if it involves coming back to Jacksonville to appear in court, the decision can pay big dividends in the long runs. Jacksonville Misdemeanor Attorneys know the system and can help a defendant to have adjudication withheld, which means a conviction or plea would not appear on a person's record if they meet certain requirements. Students go to college to help them find a job when they leave and a poor decision on a celebratory weekend shouldn't get in the way of their career prospects.
Our Jacksonville Misdemeanor Attorney has represented thousands of people on misdemeanor crimes and will thoroughly examine the case to help you or your loved one deal with the issue and move forward.

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 Jacksonville Misdemeanor Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

State appellate court throws out 30-year sentence in Jacksonville Sex Crimes Case

November 13, 2013

A man initially sentenced to the maximum 30 years in prison for his conviction on a sexual battery must be sentenced again, a Florida court ruled this month. Percy Torres will now face between nine and 30 years in state prison when he is sentenced again in this Jacksonville Sex Crimes, Case, according to a report in the Florida Times-Union. Torres was charged with capital sexual battery for allegedly ripping a woman's clothes off and forcing her to have sex with him after they had drinks at a Jacksonville bar, the newspaper reported. But a key to Torres' defense was that the sex was consensual and, to that point, Torres said he had consensual sex with her before, had been dating her and was dancing with her at the bar before the alleged incident, the newspaper reported.

The judge admonished Torres, who is married, for his infidelity in imposing the sentence and that's where the higher court found an issue, the newspaper reported. Torres' marital status should not have been a factor in the sentencing and now a different judge will sentence him in this Jacksonville Sex Crimes Case. Judges each bring their own set of values and opinions to the bench - they are humans and have their own life experiences that guide their decisions. And people's opinions on judges' sentences can often sway based on their desired outcome. One minute people are blasting minimum mandatory sentences for taking the power out of the judge's hands, but once they don't like what the judge says, they think the judge has too much power. This Jacksonville Sex Crimes Case, though, is a prime example of how precise the rules and procedures are in criminal law and how even a slight misstep can be recognized by a higher court and force a second look at a case. Convictions and sentences can be reversed when there are issues with the instructions read to a jury before it deliberates, when a judge makes an incorrect decision on whether to allow certain testimony or even when a witness says something in front of the jury that goes beyond the scope of where he or she is an expert.

In every criminal case, including Jacksonville Sex Crimes Cases, our Jacksonville Criminal Defense Attorney will comb through all of the evidence to make sure police and prosecutors followed the law in investigating the case. Many people often bemoan the "loopholes" in cases, similar to the one applied in reversing the sentence in this Jacksonville Sex Crimes Case, but when a person's freedom is at stake, everything must be done by the book.

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 Jacksonville Sex Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Jacksonville Gun Crimes Case among catalysts as Florida lawmakers consider changes to 10-20-Life law

November 12, 2013

State lawmakers are looking at adjustments to Florida's strict 10-20-Life gun crimes laws, and a Jacksonville Gun Crimes Case is being touted as an example of why excluding "warning shot" cases may be beneficial. The state has been holding hearings about revisions to the controversial Stand Your Ground law, but is now focusing in on possible changes to the 10-20-Life law, according to a report on News4Jax.

The state law now provides the following minimum mandatory sentences for Jacksonville Gun Crimes:

 10 years for showing a gun during the commission of a felony
 20 years for firing a gun during the commission of a felony
 Life in prison for shooting someone on the commission of a felony

If there's a confrontation involved, the felony is simple for the state to charge - it'll likely be an Jacksonvilleaggravated assault. Jacksonville's Marissa Alexander has become the prime example for advocates of changing the law. She was found guilty of three counts of aggravated assault for firing a warning shot when she said her husband was threatening her. His two children were present, hence the three charges in her Jacksonville Gun Crimes Case. She was sentenced to 20 years in prison and the judge had no choice in the matter. Her conviction has since been overturned and a bail hearing is set for this week.

Prosecutors are lobbying to keep the law the same. Of course they are. The 10-20-Life law has turned into one of their biggest negotiating chips - especially in questionable cases that could go either way at trial. The state hangs those sentences over a defendant's head during any plea negotiations. For example, the state may be offering three years in prison in a case with a 20-year minimum mandatory sentence. The defendant then has a difficulty choice - take the three years and get out, or risk it at trial knowing there's a mandatory 20 years if things don't go your way. Many defendants in Jacksonville Gun Crimes Cases end up taking a deal that might be three years and cutting their losses. But, without the 20-year minimum sentence in place, more defendants may take their Jacksonville Gun Crime Case to trial, knowing that the judge then has discretion to look at the facts and circumstances and make a fair determination for a sentence. Judges have been practicing attorneys for years before taking the bench and most have some background in criminal law. Yet prosecutors will fight at every turn to try to tie the judge's hands in sentencing and to try to guarantee outcomes in cases, especially Jacksonville Gun Crimes Cases. But not every arrest and every charge should be treated equally in terms of sentencing.

Our Jacksonville Gun Crimes Attorney has represented hundreds of people charges with gun crimes - including those facing minimum mandatory sentences. Our Jacksonville Criminal Defense Attorney can advise you of your options and the consequences, so you can make the best decision going forward.

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 Jacksonville Gun Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Jacksonville man jailed, accused of telling police a woman threatened him with a gun

November 8, 2013

A Jacksonville man was arrested this month after police say he made up a story about being held at gunpoint by a woman. Andra Griffin was arrested and charged with making a false report to law enforcement about the commission of a crime, according to a report in the Florida Times-Union. Griffin is charged with a first-degree misdemeanor, punishable by up to a year in the county jail. Police said a man called 911 and said he was being held at gunpoint and gave the dispatcher a tag number to a vehicle, the newspaper reported. Officers ran the license number and it led them to a home on the Southside, but there was no man at the home, nor any evidence of any abduction, the newspaper reported. Police then determined the man who called 911 gave a false name and he was eventually identified as Griffin, the newspaper reported. Griffin was apparently mad at the woman and used the allegation to get back at her. Now he's the defendant in a Jacksonville Misdemeanor Case and is the one who's the subject of a police investigation.

By nature, Jacksonville Misdemeanor Crimes are less serious that Jacksonville Felony Crimes. Most importantly, a defendant cannot be sent to state prison on a misdemeanor and the maximum sentence is one year in the county jail. And there are many professions and employers that prohibit hiring people with felony convictions on their records but do not disqualify people with misdemeanors. But that certainly doesn't mean the charges aren't serious for the person facing the charges. In many Jacksonville Misdemeanor Cases involving false police reports, the defendant may be required to pay for the cost of the investigation and the time police spent working on what officers thought was a legitimate case. Prosecutors also don't take kindly to people lying to police, so that may make it less likely for the state to offer a favorable plea deal to Griffin. These types of cases can often wind up going to trial, especially if the state is so dead-set on a sentence close to the maximum that there isn't much difference in the punishment he could face is he lost at trial. In most cases, defendants take a plea agreement to limit their exposure to jail time. But in a Jacksonville Misdemeanor Case, with a year being the maximum anyway, the risk may not be as high.

Our Jacksonville Criminal Defense Attorney has represented hundreds of men and women charged with misdemeanors and has taken several to trial. If you or a loved one is charged with a Jacksonville Misdemeanor Crime, our Jacksonville Criminal Defense Attorney can explain the potential consequences and fully examine your case to help you make the best decision going forward.

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 Jacksonville Misdemeanor Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Man turns himself in for Clay County crash that killed man in wheelchair

November 6, 2013

A week after a man in a wheelchair was hit by a car and killed, a man who said he was involved in the crash turned himself in to police. The accident occurred Oct. 20 and the man in the wheelchair died several days later, according to a report in the Florida Times-Union. Christopher Hovey is now charged with leaving the scene of an accident causing death, a second-degree felony punishable by up to 15 years in prison. Police have taken Hovey's vehicle into evidence in this Clay County Traffic Case, the newspaper reported.

Because the charges are for leaving the scene of an accident causing death, one might assume that Hovey would have avoided a serious charge had he simply stayed on the scene and called police. The problem with that theory is the circumstances of the crash have not been made public. For example, if the driver is driving extremely recklessly - excessively speeding and running traffic lights, for example - a vehicular homicide charge is a possibility. Or, if the driver is intoxicated, there is no way for police to prove that a week after the accident. If police were to talk to the driver at the scene and detect any signs of impairment, officers could take a blood sample to determine if the driver has alcohol or drugs in his or her system. That could expose a person to Duval County DUI manslaughter charge, which also has a 15-year maximum sentence but has a minimum term of four years that the crime Hovey is charged with does not have.

On the Clay County Traffic charge that Hovey is facing, the driver has an obligation to stop once the crash occurs and remain on the scene until police arrive. Further, the driver has an obligation to render aid, including calling 911, if there is a reasonable believe that someone is injured. In this Clay County Traffic Case, it appears that Hovey simply kept driving and did not stop. Because this Clay County Traffic Case involves a wheelchair, by taking the car into evidence police are likely looking for signs of the impact of the crash on Hovey's car. In Clay County Traffic Cases like this, something as simple as driving down the road can end up with someone facing serious felony charges. It's not like a drug crime or theft case when someone has criminal intent. People who've never been in trouble before can find themselves in this same situation. Our Clay County Criminal Defense Attorney can explain how the criminal justice system works and lay out your options going forward.

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 Traffic Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Jacksonville television news personality arrested on DUI charge

November 4, 2013

A popular Jacksonville meteorologist was arrested last weekend, charged with a DUI at Jacksonville Beach. Tim Deegan, chief meteorologist for First Coast News, was arrested Saturday evening and released from jail the following morning, according to a report in the Florida Times-Union. Details of the arrest were not immediately available, but this is another example of how a mistake that many people make ends up being a news story when it happens to a public figure.

Unless his blood-alcohol is more than double the legal limit of .08, Deegan is likely facing up to six months in jail, though jail time is rare when a person is charged with their first DUI. Jacksonville DUI Cases, though, are in many cases reduced to reckless driving charges or even dropped outright because there are strict procedures in DUI arrests that in some cases are not followed. For example, for an officer to pull a driver over in the first place, he or she must see a traffic violation such as speeding or the driver swerving and failing to stay in his or her lane. Once the officer comes to the driver's window, the officer must notice signs of impairment before opening a Jacksonville DUI investigation. Signs of impairment that police often cite in Jacksonville DUI cases include the odor of alcoholic beverages, slurred speech or red or watery eyes. If the officer believes the driver may be intoxicated, the officer will ask the person to perform field sobriety exercises.

The exercises are designed to determine if a suspect is too impaired to be driving. The officer typically asks the suspect to walk in a straight line and turn around; stand on one leg; stand with his or her legs together to test balance; move their arms to touch their finger to their nose and recite the alphabet or a series of numbers in order (Rhomberg Alphabet). Each phase of the test has various indicators of impairment and, if a suspect does poorly enough overall, he or she will be arrested on a Jacksonville DUI Charge. Drivers can also choose not to take the field sobriety test, but that will also likely lead to their arrest on a Jacksonville DUI Charge. The suspect will then be driven to the police station to be booked and to take a breath test. Suspects can also decline the breath test, but refusing to take it means the person will be spending the night in jail. That night is sometimes worth it because it takes one more piece of evidence away from the state in the prosecution of the case.

Jacksonville DUI Cases are very technical in nature and the officer must follow procedures precisely or the judge may have no other choice but to throw out the arrest, leaving the state with little to work with in its case. Our Jacksonville DUI Attorney has defended hundreds of DUI cases and will thoroughly investigate all aspects of the arrest to determine if every procedure was followed properly.

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 Jacksonville DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

St. Johns County man living in hotel charged with not registering as a sexual predator

November 1, 2013

A St. Johns County sexual predator is facing two felony charges for not alerting authorities that he had moved and was living in a motel. Kirby Miller is charged with two third-degree felonies after police say he was living in a St. Johns County motel for more than a month without registering with police, according to a report on News4Jax. Miller faces up to five years in prison on each count and could go to prison for as many as 10 years in this St. Johns County Sex Crimes case.

Had Miller not been involved in a fight at the motel, he may have gone undetected even longer. Police responded to a fight where Miller was the alleged victim, the television station reported. When police ran his name through their database, they found he was a sexual predator whose last listed address was in Duval County, the television station reported. Miller's St. Johns County Sex Crimes Case is not uncommon and typifies the cycle that is often seen in people who are convicted of sex crimes. In most cases when someone is convicted of or pleads guilty to a St. Johns County Sex Crime, the defendant is required to register as either a sexual offender or sexual predator - depending on the severity of the crime. Part of the requirement is that registered sexual offenders must notify police within 48 hours if they move. This is done so police know where sexual offenders are, and it also allows police to determine if the person is legally allowed to be there.

Sexual offenders have restrictions as to where they can live and, for example, cannot live within more than 1,000 feet of a school. It's unclear whether or not the motel Miller was living in would have qualified, but his St. Johns County Sex Crime was not alerting authorities when he moved. Sex offenders also must check in with authorities at least every six months - more often if the crime is more severe and police will sometimes check on their own to see if people are still living where they say they are living. Sex crimes stick with a person more publicly than any other type of crime - including murder. Once a person does move and properly registers, neighbors are alerted that a sex offender has moved in and the notification includes the specific charge that qualified the person as a sex offender. Failure to closely adhere to every aspect of the sex offender registration can trigger a new third-degree felony - as it did in Miller's St. Johns County Sex Crimes Case. Our St. Johns County Sex Crimes Attorney can advise you of all of the potential consequences in a sex crimes case - including the parameters of registration.

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 St. Johns County Sex Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Man charged with felony for spraying graffiti at Clay County home where detective was killed

October 30, 2013

A man accused of spray painting symbols of hate groups on the Clay County home where a police detective was shot and killed has been charged with a felony. Anthonio Cassanova is charged with felony criminal mischief, accused of spray painting swastikas and "RIP Ted Tilly" on the side of the home, according to a report on News4Jax. Tilly ambushed police officers during a raid and shot two detectives, killing Detective David White, before being shot and killed in the shootout.

Clay County Criminal mischief, more commonly known as vandalism, is typically a misdemeanor in Florida. But when it causes more than $1,000 in damage, the charge can be upgraded to a felony, as it was in this Clay County Felony Case. Cassanova is charged with a third-degree felony, punishable by up to five years in prison. The house had been boarded up since the shootout during a police raid on the subjected meth house in February 2012, the television station reported. Volunteers have since painted over the graffiti on the house, the television station reported. Typically, a vandalism case like this would not be headline news among Jacksonville-area media. But this Clay County Felony Case is far different and the offensive nature of Cassanova's alleged graffiti, combined with the high profile of the case could spell trouble in terms of sentencing for Cassanova.

There are already examples in connection with White's death that foreshadow a sentence for Cassanova that is likely to be longer than average in a Clay County Felony Case. For example, people charged with dealing in stolen property for passing along the gun that was eventually used to shoot and kill White were sentenced to seven years in prison. Yes, they had criminal records that weighed in the sentencing, but stolen guns move around the state frequently and are used in plenty of crimes, but sentences of seven years aren't the norm. Both were facing up to 15 years in prison, so they received about half of the maximum time. The state may argue in this case that Cassanova's sentence should be even closer to the maximum. In the gun cases, yes it was certainly wrong, but the defendants did not have a way of knowing the gun they passed onto someone else was going to end up in Tilly's hands and that he was going to use it to shoot a police officer. Whereas Cassanova is accused of using the house as a way to get across a message that many find offensive and disrespectful to the community and the detective's family. All elements of a crime and a defendant's criminal record, which Cassanova certainly has, are brought into consideration when it comes time to sentence a person in a Clay County Felony Case. None of those elements appear to be in Cassanova's favor here, and many will be watching closely to see how the case plays out.

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 Criminal Defense Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Jacksonville attorney seeking new trial after conviction in connection with Allied Veterans gambling case

October 28, 2013

Just weeks after being found guilty on 103 counts of gambling-related charges, Jacksonville attorney Kelly Mathis is asking the court for a new trial. The state pegged Mathis as the mastermind of a $300 million gambling operation that prosecutors say used the Allied Veterans of the World nonprofit as a front for the ring, according to a report in the Florida Times-Union. Mathis and his defense lawyers in this Florida Felony Crimes Case said all along that Mathis was simply providing legal advice to the group. And, before the Allied Veterans case broke and 57 people including Mathis were arrested, the internet cafes were legal in the state of Florida.

Testimony regarding the legality of the machines is at the crux of the request for a new trial. During the trial in this Felony Crimes Case, Mathis was not allowed to present evidence showing that his legal advice was correct and that local governments had voted in laws to regulate these internet operations, the newspaper reported. Because that evidence could not be presented, Mathis argues the point could not be made clearly to the jury that the internet cafes were legal at the time. Mathis' defense team planned to call state legislators, county sheriffs and other lawmakers to testify about laws regulating or banning the machines, but was not allowed to do so, the newspaper reported. The guilty verdicts were a surprise to many observers, especially given the relative slaps on the wrist other defendants received in the case. Half of the other 57 people charged had reached a plea deal - and none of those included prison time. Even former directors of Allied Veterans and the person who made the software for the machines were given deals without prison time, though they said if called to testify against Mathis they would simply say Mathis gave the group legal advice. The state's gambling expert was barred from testifying at trial and the judge dropped dozens of charges during the trial, so many thought the case was looking favorable for Mathis.

In any Jacksonville Felony Case, a defendant is entitled to present evidence as an alternative to the state's case. The defendant can call witnesses and bring in testimony, just like prosecutors can. And when that defense is restricted, that's where appellate issues can arise. People are entitled to defend themselves in a criminal trial. That's a hallmark of our judicial system. Would that testimony about the legality of the cafes have made a difference in the minds of this group of jurors in this Jacksonville Felony Case? No one knows. But if the higher court agrees they should have been able to weigh that evidence, another group of jurors may get to hear it in a second trial.

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 Jacksonville Criminal Defense Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Florida Supreme Court tosses out drug trafficking charge for Jacksonville man and orders him resentenced

October 25, 2013

The Florida Supreme Court has thrown out a drug trafficking charge against a Jacksonville man, saying the way the Jacksonville Sheriff's Office tested the drugs was insufficient to prove he had as much cocaine as the state alleged. Instead of the 15-year sentence that was imposed after trial, Baron Greenwade is now looking at a maximum of five years in prison on a cocaine possession charge, according to a report in the Florida Times-Union. When Greenwade was arrested in 2009, police found a bag inside his garage with nine individual plastic bags inside, the newspaper reported. Police then dumped all nine into one bag before sending the drugs off to be tested by a forensic chemist, the newspaper reported. Because the combined amount was more than 200 grams, Greenwade could then be charged with trafficking in this Jacksonville Drug Crimes Case, which opened him up to a minimum mandatory sentence of seven years in prison.

Greenwade's Jacksonville Criminal Defense Attorneys argued that the state should have sent each individual bag of cocaine to the chemist to be tested - a practice that is followed in other major Florida cities, including Miami and Tampa, the newspaper reported. The Supreme Court agreed. One main reason is that drug dealers sometimes put fake cocaine in a baggie, if they think they can get away with it, so it is possible there was less than 200 grams or actual cocaine in the larger bag police found. This Jacksonville Drug Crimes Case decision by the Supreme Court will now force Jacksonville police to individually test each baggie or container they find.

Drug charges and sentences are based on the type of drug and the amount the person is accused of having. As was proven in this Jacksonville Drug Crimes Case, a few grams either way can make an enormous difference in the amount of time a person receives. Greenwade was initially charged with a first-degree felony and is now guilty of just a third-degree felony, which has a maximum sentence of five years in prison. His maximum sentence is more than the minimum seven years he was required to serve on the trafficking charge. While Jacksonville Drug Crimes laws seem like they'd be pretty straightforward, cases like this are always changing the landscape of Jacksonville Criminal Defense Cases. Our Jacksonville Criminal Defense Attorney stays on top of all of the latest rulings and has the latest information at her fingertips to advise you or your loved one.

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 Jacksonville Drug Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.