Jacksonville Criminal Defense Attorney Blog

Twenty-five kilograms of cocaine police say came from South America washed up on shore in St. Johns County this month. The individually wrapped kilograms were likely headed for a destination along the East Coast, where buyers would have processed it, broken it up into smaller amounts and sold it, according to a report in the Florida Times-Union. State and federal authorities are still investigating whether the cocaine fell off of a wrecked boat or airplane, or whether it was dumped by people who thought they would get caught with the massive amount of drugs, the newspaper reported. Police did not release all of the information on how the drugs were wrapped, saying it was still part of their investigation into what they estimated as $7.5 million worth of cocaine, the newspaper reported. That's likely all they have to go on. Fingerprints would not be available on items that have been in the water for that period of time. Needless to say, that amount of cocaine is more than enough to send someone to prison for a long, long time.

In Florida, someone can be charged with trafficking in cocaine with as little as 28 grams of the drug. For some perspective, that is less than one-tenth of one percent of the amount of cocaine police just found ashore in St. Johns County. Trafficking charges apply for anyone who possesses, sells, manufactures or brings into the state more than 28 grams of cocaine, so the charges could certainly apply if they were able to tie them to anyone in this St. Johns County Drug Crimes case. Any St. Johns County Drug Crimes Case that involves trafficking in cocaine is a first-degree felony and most are punishable by up to 30 years in prison. But, different amounts of cocaine trigger different minimum mandatory sentences that apply. If the charge is for between 28 and 200 grams, the defendant faces a minimum mandatory sentence of three years in prison and a $50,000 fine. For between 200 and 400 grams, there is a minimum sentence of seven years and a fine of $100,000. The next level, between 400 grams and 150 kilograms, would apply in this St. Johns County Drug Crimes Case. The minimum prison sentence in 15 years and the fine is $250,000. Minimum mandatory sentences carry more time than traditional sentences because defendants must serve every single day of the sentence. In most cases, people only serve about 85 percent of the time they are given. Penalties escalate quickly in St. Johns County Drug Crimes Case, and you certainly don't need to be caught with 25 kilograms of cocaine to be looking at some serious prison time.

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

A Clay County elementary school teacher was arrested last week and charged with a felony after cocaine and a short straw presumably used to snort the powder drug were allegedly found in her purse in her fifth-grade classroom. Ashlea Eucker was in a meeting and told a school counselor how to get into her desk and get her purse, according to a report in the Florida Times-Union. When the counselor got to the purse, she said she found a baggie with white powder hanging out of it and a short straw sticking out of another pocket, the newspaper reported. The counselor told the principal and had the purse locked up until police arrived.

Eucker was arrested and charged with possession of cocaine, a third-degree felony punishable by up to five years in state prison. She was also charged with possession of drug paraphernalia, a first-degree misdemeanor punishable by up to one year in the county jail. The felony charge is obviously far more serious and could also put Eucker's teaching career in serious jeopardy. Most Florida schools will not allow a convicted felon in a classroom with children, so the stakes are remarkably high for Eucker in this Clay County Drug Crimes case.

While the amount was not specified in the newspaper report, if Eucker would have had more than 28 grams of cocaine, she likely would have been charged with drug trafficking, which ups the ante for sentencing. More importantly, it brings a three-year minimum mandatory sentence into play. Mandatory sentences in drug cases take much of the discretion out of a judge's hands and also can increase the time a defendant spends in prison. With a minimum mandatory sentence, defendants must serve every day of the sentence, unlike in most cases when people serve 85 percent if they stay out of trouble.
But, Eucker could be in a position to avoid prison all together, depending on how her case plays out. There are a couple of options, depending on what is negotiated. In some cases, the state will offer a Pre-Trial Diversion Program for first-time offenders, which she is, according to the newspaper report. If the defendant completes the program, which includes passing drug tests, attending classes and not picking up any new charges, the initial Clay County drug charge is dropped. That's the most desired scenario.

The state has also been offering the same program as part of probation. In this option, the defendant pleads guilty to the charge, but adjudication is withheld, meaning the person is not convicted. But, if the defendant does not complete the program, the adjudication turns into a guilty plea and penalties, including prison time, can be applied. The reason this scenario is less advantageous for the defense is the punishment is already set once a person runs afoul of the program. When Pre-Trial Diversion is done before the case is resolved and a person doesn't make it, negotiations can begin anew. Now, that can also backfire since the state can argue the person had a second chance to avoid prosecution and blew it.

Our Clay County Drug Crimes lawyer represents people charged with possessing all types of narcotics, including cocaine. There are several elements of possession that need to be examined in a Clay County Drug Crimes Case, and our Clay County Criminal Defense Attorney can explain those to you or your loved one.

If you or a loved one needs a Drug Crimes Attorney in Orange Park or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Clay County Drug Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Two St. Johns County residents were arrested last week, accused of making methamphetamine in a local hotel. Police arrived at the hotel around 5 a.m. after hearing several reports of suspicious activity, according to a report in the Florida Times-Union. When Eric Messler, one of the people staying in the room, opened the door, police said they smelled the distinct odor that comes with producing the highly addictive drug, the newspaper reported. Messler and Tammie Roy, the other occupant in the room, were both arrested. Hotel officials closed the room and also evacuated the rooms on either side because of the toxic fumes produced when someone is cooking methamphetamine.

Messler and Roy were both charged with two Florida felonies: production of methamphetamine, possession of methamphetamine with the intent to sell, manufacture or deliver. Both are second-degree felonies punishable by up to 15 years in prison. Both are also facing a misdemeanor charge for possession of drug paraphernalia, but that is small potatoes compared to the two felonies. As in any St. Johns County Drug Crimes Case, the judge can choose to sentence someone to consecutive terms, so both defendants could be facing up to 30 years in state prison. Under Florida law, various recreational drugs are treated very differently in the criminal court system. And St. Johns County Drug Crimes involving methamphetamines carry some of the most severe penalties for having even relatively small amounts. Trafficking in methamphetamine becomes a first-degree felony at just 14 grams of the drug. If a person has 14 grams of marijuana, the crime is a misdemeanor possession charge. Marijuana possession doesn't become a felony until 28 grams and, in terms of producing marijuana, the laws associated with growing the drug have far higher thresholds for the amounts of plants it takes to fall under trafficking charges. The maximum penalty for trafficking in methamphetamine is 30 years in prison and there are minimum mandatory terms based on the amount of methamphetamines police find.

Messler and Roy likely had less than 14 grams in their possession, but the charges can also be upgraded once police investigate further. Meth cases have become more frequent in Northeast Florida, including in St. Johns County. Earlier this year, two out-of-town visitors were arrested at the upscale Sawgrass Marriott, refuting the notion that these crimes only occur at hotels along the interstate. (see our previous blog) Our St. Johns County Drug Crimes Attorney knows the ranging penalties associated with various drugs, when minimum mandatory sentences kick in and the sentences that are typically given in cases involving specific drugs.

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.

After three days of deliberations, a federal jury found three doctors and an investor not guilty of a slew of charges related to their roles in Jacksonville pain clinics. The three doctors were charged with conspiracy to manufacture and distribute controlled substances, along with money laundering charges, according to a report in the Florida Times-Union. The investor, Jason Votrobek, faced the same Jacksonville Drug Crimes Charges, but not money laundering, the newspaper reported.

The doctors were accused of writing thousands of prescriptions for oxycodone, making millions of dollars for the three pain clinics they worked for in Jacksonville, the newspaper reported. Criminal defense attorneys for the four defendants said they were duped by the clinic's owner, Zachary Rose, who was in the business strictly for the money. Rose pleaded guilty earlier to drug conspiracy charges and could receive up to 30 years in prison when he is sentenced, the newspaper reported. Rose testified against his former employees and said they all knew the business was deigned to make money off the prescription drugs. The move was likely a strategic decision designed for Rose to help the government get four more convictions, in return for a lighter sentence. That move, in this Jacksonville Drugs Crimes Case, backfired.

The Jacksonville pain clinics were open for about eight months in 2009 and 2010 and federal prosecutors said the businesses regularly deposited between $40,000 and $60,000 daily, the newspaper reported. The businesses flourished before the state cracked down on pain clinics such as these three that were dubbed "pill mills." Buyers came to Florida from other states because of the ease of getting the popular prescription drugs and many of the people who purchased the drugs would return home and sell them at a profit, the newspaper reported.

Ultimately, the jurors were not convinced that the three doctors and the investor were in on the scheme to sell prescription drugs at a profit. Prescription drug charges carry extremely serious penalties and often have minimum mandatory sentences attached to them. The state can file drug trafficking charges on someone for having just four grams of prescription drugs, which can be as few as eight pills. That charge would carry a minimum mandatory sentence of three years in prison. For more than 14 grams of pills, there's a minimum mandatory sentence of 15 years in prison. Many factors come into Jacksonville Drugs Crime Cases involving prescription drugs - including whether or not the person has a valid prescription. There are clearly medical reasons people have them - and prescribe them, as seen in the Jacksonville Drugs Crimes Case that resulted in four acquittals last week.

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.

Several inmates at the Clay County Jail who had earned privileges to work during their sentence are now looking at more time behind bars after police cracked a smuggling ring in recent months. Girlfriends of the inmates would allegedly leave drugs, cigarettes and batteries in bathrooms of the places these men worked, including the county motor pool and the animal control center, and the men would pick up the items and bring them into the jail, according to a report in the Florida Times-Union. One of the inmates even allegedly gave one of the women $100 from his canteen account, which inmates use for snacks and other items during their time in the jail, the newspaper reported.

Now, all seven people - some inmates and some outside accomplices - are charged with conspiracy to introduce contraband into a criminal detention facility. And it's a charge can land them all in state prison - not just the county jail. The charge in this Clay County Drug Crimes case is a third-degree felony, punishable by up to five years in prison. Any incarceration on a Clay County misdemeanor case is always done in the county jail and the maximum penalty is one year. But, if a person is sentenced on a felony to more than one year behind bars, that time is done in a state prison.

Corrections officers started noticing more contraband being introduced into the Clay County Jail last fall and started investigating how the drugs, chewing tobacco and other items were being brought inside, the newspaper reported. Police used recorded phone calls, including some that inmates made from the jail, discussing what the inmates wanted and where the goods could be left so they'd receive it, the newspaper reported. Drugs were often left in bathrooms and were sometimes hidden behind postage stamps or photographs, the newspaper reported. The fact that police have phone conversations of the alleged planning of the transactions could be difficult to overcome. All telephone calls to and from the jail are recorded, and there's a disclaimer when people pick up the phone reminding them that police can listen to these calls. Despite that, suspects often say things on these public telephone lines that get them in more trouble down the road.
One element to watch in this case will be if there's a difference in the negotiations or sentences between the girlfriends and the men who were already in jail when they were arrested on these Clay County Drug Crimes charges. Police do not take very kindly to people who abuse their privileges in jail and it's very likely prosecutors will ask the judge to come down hard on the suspects, if they are convicted or end up pleading guilty to the charges.

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

A Jacksonville teacher had some unfortunate timing when he went to an alleged Clay County drug house and police happened to be serving a warrant there. Police were already working there when James Van Richburg arrived and had marijuana, pills, drug paraphernalia and a handgun in his backpack, according to a report in the Florida Times-Union. Richburg pulled up to the house and police asked him to turn off the car. Richburg refused and he also wouldn't put his hands on his head or open the door, the newspaper reported. Police eventually got Richburg out of the car and cuffed him. That's when they found the backpack, which had two grams of marijuana, two marijuana pipes, seven pills and a handgun, the newspaper reported.

Richburg is only facing one Clay County felony, and that is for the pills. In Clay County Drug Crimes cases, pills carry more severe penalties than most other narcotics - certainly far more severe than Clay County marijuana charges. Even though he had only seven pills, Richburg faces up to five years in prison on the third-degree felony charge. The four other charges - two counts of possession of drug paraphernalia, one count of possession of less than 20 grams of marijuana and one count of resisting an officer without violence - are all first-degree misdemeanors. All carry a maximum penalty of one year in the county jail. So, technically, if convicted of all the Clay County criminal charges, if the judge opted to sentence Richburg to the maximum amount on each count and run the sentences consecutively, Richburg could face four years in the county jail and five years in state prison, though that is rarely done in cases like this.

There are, however, other options in some drug cases when a defendant will have the option to complete drug court and a variety of conditions - including community service and passing drug tests - that could result in avoiding jail or prison time. A driving factor in whether prosecutors make that option available is the defendant's prior criminal record. While anything is possible, Richburg has been a teacher in Duval County for more than three years and the district policy is to not hire anyone who has been convicted of a felony. That's not to say Richburg must have an entirely clean record, but it's unlikely that he is a convicted felon.

There may also be room in this case to question whether police had enough probable cause to pull Richburg out of the car and demand that he turn the car off. There are other elements in the encounter that would come out in trial and, while it certainly appears that Richburg was intending to go to the home, it's reasonable to at least explore whether or not being there on the street constitutes a probable cause for a search in this Clay County Drug Crimes case.

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

St. Johns County police arrested a Panhandle man and Tennessee woman this week after a separate investigation led them to the couple allegedly making methamphetamines in a hotel room of an upscale resort. A security guard went to the room at the Sawgrass Marriott about 2 a.m. because the credit card the couple used to secure the room turned out to be stolen, according to a report in the Florida Times-Union. When he went to the room, he saw what he thought were materials to cook meth in the room, the newspaper reported. The employee called police, who came to the scene and found a batch of the toxic drug being cooked inside the room. Both people were charged with producing and trafficking in methamphetamine and possession of drug paraphernalia.

This case received plenty of media attention last week because meth is typically seen as a drug that's made in hotel rooms and apartments in some of the more rundown neighborhoods, in the Jacksonville area and across the country. But to hear the story in Ponte Vedra Beach made it more surprising news.

Meth cases have been on the rise in Jacksonville and the surrounding area and that's bad news for the people getting arrested in Duval, Clay and Nassau Counties. Florida laws are extremely strict in meth cases and there are significant penalties attached. Manufacturing methamphetamines is a second-degree felony in Jacksonville, punishable by up to 15 years in prison. Trafficking in methamphetamine also has serious penalties depending on the amount police found. The maximum penalty is 30 years in prison and there are minimum mandatory terms based on the amount of methamphetamines police find.

But it is a first-degree felony starting at just 14 grams of meth for a St. Johns County Drug Crimes case. By comparison, people can have nearly double that amount of marijuana on them and not only is it not trafficking - it's not even close. It's a misdemeanor possession charge which does not even subject someone to time in prison. And making meth can be tough to hide, even in a ritzy resort. The odor from making meth is distinct and carries far enough where people nearby will generally know what is going on. In this St. Johns County Drug Crimes case, police had to evacuate four adjacent rooms and bring in the hazardous materials team to remove the chemicals from the room. Part of it is the public health issue and the other part is just the way laws have been written - meth crimes carry more severe penalties than most other street drugs.

Our St. Johns County Drug Crimes attorney knows all of the possible penalties in meth cases, and in other types of drug cases, and can lay out your options so you can decide the best way to proceed. If you or a loved one needs a criminal defense attorney in St. Johns County or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our St. Johns County Drug Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Clay County detectives were in round-up mode last week, arresting more than three dozen people after targeting 48 for arrests on various drug crimes. Charges are as minor as misdemeanor possession of drug paraphernalia, but most of the counts involve some sort of sale of a controlled substance or crack cocaine, according to a report by News4Jax. Police arrested 29 people the first day of the sweep and arrests trickled in the rest of the week.

The group does not appear to be one massive drug ring, but the Clay County Drug Arrests are the results of various ongoing investigations into drug activity throughout the county. Drug charges in Florida, particularly charges involving the sale of narcotics, can be extremely serious charges. Many people charged with sale in these Clay County drug crimes may not even be the ones physically conducting the actual sale or the people profiting from the transaction. Anyone involved in the delivery of drugs, a "middle man" so to speak, can also be charged with selling drugs.

There are also a variety of enhanced penalties the state can use in drug cases and Clay County authorities are seeking those in several of the recent arrests, according to the television station report. For example, penalties can escalate for people charged with the sale or delivery of drugs within 1,000 feet of a church or school and at least a dozen of those brought in on the Clay County drug crimes charges have that enhanced penalty attached.
Those enhancers will move a second-degree felony up to a first-degree felony, meaning a maximum penalty of 15 years becomes a maximum penalty of 30 years in prison. Additionally, the charge for selling within 1,000 feet of a school brings with it a mandatory three-year prison sentence. That's important for two reasons. Number one, the judge has no discretion in his or her sentence and the defendant be sentenced to at least three years in prison. Second, mandatory sentences must be served in their entirety. In traditional sentences, people serve about 85 percent of their sentence if they stay out of trouble in prison. Gain time is not an option on mandatory sentences, so three years means three full years.

On the other end of the spectrum, there are Clay County probation and drug court options for people that could help them avoid jail or prison time, depending on their past criminal record. Our Clay County Drug Crimes Attorney has represented hundreds of people charged with nearly every drug crime the state can charge and knows what to look for in these cases in terms of evidence, as well as options for people should they choose to negotiate with the state.

If you or a loved one needs a criminal drug defense attorney in Clay County or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our Clay County Drug Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

A Jacksonville man and woman were arrested last week on heroin trafficking charges, part of a case state and federal agents have been investigating since July. Hortencia Leyva Melendrez and Francisco Enrique Gonzalez were both arrested on Jacksonville Drug Charges and charged with conspiracy to traffic in heroin, according to a report in the Florida Times-Union. Melendrez is in jail on a $250,000 bond, while Gonzalez' is set at $1 million.

Both are charged with a first-degree felony in Duval County and could face up to 30 years in prison. With the massive shift in drug use and trafficking toward prescription drugs, a case involving an increasingly uncommon street drug such as heroin will make headlines. Heroin is treated very similarly to prescription narcotics by the Florida courts, meaning the penalties are severe and the amount needed to qualify as trafficking is very low, especially compared to drugs like marijuana. Gonzalez is accused of telling Melendrez to prepackage heroin for delivery to a third person in a condominium parking lot on Riverplace Boulevard just outside downtown Jacksonville, the newspaper reported. Police have not released the amount of heroin but, for the pair to be charged with trafficking drugs Jacksonville, it could be as little as four grams of the street drug. In this Jacksonville drug crimes case, Melendrez and Gonzalez could be facing some serious prison time because mandatory minimums could apply. If the amount in question is between 4 and 14 grams, the minimum sentence is three years in prison. If the amount is between 14 and 28 grams, the minimum sentence is 15 years and if there was more than 28 grams but less than 300 kilograms, they are facing at least 25 years in prison.

Minimum mandatory sentences in Florida spell trouble for defendants on two levels. First, they take discretion of out the hands of the judge and, even if this is a first offense for either of the suspects, a judge cannot take that into consideration in apply a lesser sentence. Second, people serving minimum mandatory sentences are not subject to the benefits of gain time. Most defendants who behave in Florida prisons only serve 85 percent of their sentence, but those on mandatory minimum terms must serve every single day. It is highly likely that there are more Jacksonville arrests to come in this case, especially if federal agents are involved. Our Jacksonville Drug Attorney has seen many similar cases where a few initial arrests are made, though authorities clearly have their sights set higher up the food chain. One way to get to the top is to put serious pressure on others in the operation by arresting them and threatening lengthy prison sentences and serious charges. In many cases, prosecutors will offer reduced charges if the defendants can provide information and testify against the mastermind of the operation.
An experienced Jacksonville drug crime lawyer can help you or a loved one navigate options in a case like this and will allow you to make the best decision as to how to 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 Duval County Drug Lawyer, Victoria "Tori" Mussallem, available 24 hours a day, 7 days a week.

A receptionist and office manager for a Jacksonville foot doctor are accused of running a massive prescription drug ring and a sixth woman was arrested last week in connection with the scheme. Kathleen Smith was arrested last week on Duval County drug trafficking charges after admitting she filled her name and her two sons' names on prescriptions obtained from the office of Dr. Earl Horowitz in Riverside, according to a report in the Florida Times-Union. Police said they do not believe Horowitz was involved at all and he told officers that he never prescribes hydrocodone and rarely prescribes any controlled substances, but recognized the names of people filling the prescriptions as friends and family of his staff, the newspaper reported. The prescriptions were written in his name, the newspaper reported.

The alleged masterminds of the ring are receptionist Tracie Hazel and office manager Dana Miller, who are both in jail with bail set upwards of $1 million. Hazel is facing 18 Jacksonville criminal charges, including 15 counts of trafficking in more than 30 kilograms of a controlled substance. She faces up to 30 years in prison on each of those 15 counts, which are first-degree felonies. Miller's charges are mostly for trafficking in between 4 and 30 grams of hydrocodone, which are also first-degree felonies. Both Hazel, 45, and Miller, 42, could easily spend the rest of their lives in prison.

The state of Florida has put an emphasis on prescription drug sales over the past few years, in the wake of the state's unofficial designation as the nation's Pill Mill capital. Authorities have shut down pain clinics that provided easy access to the drugs and pharmacies are on the lookout for what would appear to be suspicious prescriptions - particularly large numbers from one doctor or to a specific person from multiple doctors. The state has created databases to help pharmacists track prescriptions and those records are what led police to this case, the newspaper reported. Not only is the radar up, the penalties for trafficking in prescription drugs are overwhelmingly severe in Florida. To face the same charge and penalty Miller is facing for having more than four grams or hydrocodone, a person would have to have more than 25 pounds of marijuana. One other woman was arrested last month on similar Jacksonville trafficking charges and two more with obtaining a controlled substance by fraud, a third-degree felony punishable by up to five years in prison. Prescription drugs charges are extremely serious, despite the fact in many cases defendants tell our Jacksonville drug crimes attorney they only had "a couple of pills." A couple of pills can have serious consequences, and our Jacksonville Pill Attorney is experienced in these cases to work to make the best of a case where the law is stacked against you or your loved one.

If you or a loved one needs a drug crimes attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our Jacksonville Drug Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

A woman who was a month away from being released from jail on two St. Johns County misdemeanor charges is now facing felonies after being pegged as the mastermind of a drug smuggling ring inside the St. Johns County jail. Police say Hana Marie Colson, 29, was receiving strips of Suboxone that were hidden behind the stamps on envelopes sent to her in the mail, according to a report in the St. Augustine Record. Suboxone is a drug used to help people recovering from addiction to opiates such as heroin, Oxycontin and hydrocodone. The drug can be taken similar to Listerine strips, where a person places a small strip on his or her tongue and it dissolves. Now Colson has a hearing set for this week for violating the terms of her probation. She will likely be charged with introducing contraband into a detention facility, a third-degree felony punishable by up to five years in prison, and possession of contraband on the grounds of a detention facility, a second-degree felony punishable by up to 15 years in prison.

Jail officials thought they noticed one female inmate who was under the influence of a drug and she failed a urine test, the newspaper reported. Further testing of other inmates found it was isolated to the female inmates in the jail, which is separated by gender, the newspaper reported. Twenty-two of them tested positive and, in interviews, several of the inmates said they got the drugs from Colson. So far, it appears that Colson simply gave the drug away and was not selling it inside the jail. That would open up an entirely new set of criminal problems for her. As for the woman who mailed the drugs, she's also looking at a felony charge of introducing contraband into a correctional facility, on top of methamphetamines charges she was arrested on last week that stem from a September raid, the newspaper reported.

Over the years, our St. Johns County drug crimes Attorney has learned the quickest way to extend your time in jail - or to upgrade, so to speak, to a state prison - is to get in more trouble behind bars. Colson was a month from being released on charges of credit card fraud and drug possession. Now, not only does she face new charges, she faces the maximum penalty of one year on each of the two misdemeanors. She was originally sentenced to six months on each charge and was allowed to serve both sentences at the same time. Not only do more charges pop up if one gets into trouble in jail, it also makes the judge significantly less likely to cut the defendant a break the next time sentencing rolls around.

If you or a loved one needs a criminal defense attorney in St. Johns County or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our St. Johns County Drug Crimes Lawyer, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

As a Drug Crime Attorney in Jacksonville, I have represented many Duval County criminal clients who were arrested after a drug dog sniffed their vehicle. Whether you are pulled over in Duval, Clay or Nassau County, the police must follow proper procedure before and during a traffic stop when using canines. If you are pulled over for a Traffic Violation in Jacksonville, the officer can only give you a Duval County Ticket unless he or she has a "reasonable suspicion" a crime has, is or is going to be committed. After you are stopped, an officer can have a drug dog sniff your vehicle, but the time it takes for the drug canine to arrive cannot extend beyond the time reasonable required to issue the Jacksonville traffic citation. If the dog alerts to a specific area of the car and police subsequently find drugs in your vehicle, in order for that "sniff" to be legal, the dog's reliability must be established.

When canine drug dogs are trained, they receive around ten weeks of training. During this training, the dog learns odors of illegal drugs, including cocaine, crack, methamphetamine, marijuana and heroin. In addition to detecting specific drug odors, the dogs are put to the test when other strong odors are present along with the drug smells. Certified drug dogs must have maintenance training.

When determining whether or not a canine is sufficiently reliable to alert in a Jacksonville criminal case, the court must look at the totality of the circumstances. The Jacksonville State Attorney's Office has the burden of establishing probable cause and has to give over all records about the dog to the court. The first thing that must be established is that the dog was properly trained and certified. That training has to be explained so the court can evaluate how well the dog was trained and whether the canine has ever falsely alerted during its training. The Duval County State Attorney must also show records of how the dog has performed on the street, including the canine's successes and failures. Finally, the prosecutor must show the training of the dog's officer handler.

Jacksonville police officers pull over cars all the time, but it is important to know your rights. If you have been arrested for a drug crime in Duval, Clay or Nassau Counties, call our Jacksonville Drug Attorney, Victoria "Tori" Mussallem, at (904) 365-5200. Our Jacksonville Criminal Defense Law Firm is available to you 24 hours a day, 7 days a week.

A special task force of the Clay County Sheriff's Office spent a year going undercover and trying to break apart illegal drug operations, resulting in 47 arrests in Clay County last week. Detectives started looking into a Middleburg neighborhood notorious for drug activity, but then spread through the entire county with help from local police departments inside Clay County and specialized state and federal agencies, according to a report in the Florida Times-Union. The police rolled out one man, Maurice Futch, as one of their primary targets. He's now facing multiple counts of selling cocaine, with some of the aggravators the state uses to enhance the penalties - selling the drugs within 1,000 of a school and another charge for selling within 1,000 feet of a church.

Investigations such as this Clay County drug crime investigation often resemble a pyramid. Police nab some of the drug users and lower-level dealers first, trying to monitor from surveillance whom their suppliers are, and also using the arrest and threat of major prison time to get them to spill the beans. Most of the charges in the Clay County drug sweep involve cocaine and prescription drugs - which carry incredibly stiff penalties for people caught with them. A few Oxycontin or hydrocodone pills could result in up to five years in prison. Many of those caught in this sting will be more than willing to cooperate (if they haven't already started) and the state will likely welcome the help.
First-time Clay County drug offenders on possession charges may be allowed to enter substance abuse counseling and other state-sponsored programs to avoid prison time, though those opportunities are becoming increasingly rare in Duval County, Clay County and Nassau County. Our Clay County Drug Crimes Attorney knows what options are available and can help try to negotiated acceptance into a program as part of a deal with the state. Some clients would rather just serve their time, knowing the rules in drug programs are strict and designed to make a person pay for blowing an opportunity to turn his or her life around.

You can be arrested for selling drugs even if you aren't the one doing the selling. If you have a large quantity of drugs on you when you are stopped by police, you will likely face a sale charge. For trafficking, the penalties increase dramatically - and so do the thresholds for the amount of drugs one must have one them. For marijuana, it's 25 pounds or 300 plants. For cocaine, it's more than 28 grams. For pills, it's just 4 grams - no more than a handful of pills. As prescription drugs become more common, expect more of sweeps similar to this Clay County drug investigation.

If you or a loved one needs a Criminal Drug Defense Attorney in Clay County or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a free consultation. Our Clay County Drug Crimes Lawyer, Victoria "Tori" Mussallem is available 24 hours a day, 7 days a week.

Police broke up the second meth lab in six weeks at a Jacksonville motel, the latest in a string of raids cracking down on methamphetamine production in Northeast Florida. Investigators had found a meth lab in the same motel near the Clay County line in May, arresting four people in Jacksonville at that time, according to a report in the Florida Times-Union. In the most recent bust, two people were arrested and police did not say whether the two cases were related. The production and use of methamphetamines is often associated with rural, outlying areas and most of the busts in Northeast Florida come in the surrounding counties, including Baker County, Clay County, Nassau County and Putnam County. But the arrests are trending upward in Duval County as it appears more and more police resources are being dedicated to fighting meth production and use. A prime example is the raid of an upscale home near the St. Johns Town Center this month where police found a meth lab inside.

Florida laws are extremely strict in meth cases and carry very serious penalties. Manufacturing methamphetamines is a second-degree felony in Jacksonville, punishable by up to 15 years in prison. In most cases, prosecutors will tack on charges like possession of chemicals for manufacturing meth (another second-degree felony) or third-degree felonies such as possession of meth and possession of felony drug equipment. Duval County third-degree felonies are punishable by up to five years in prison. And there are no Florida misdemeanors in meth cases. Regardless of how much you have, it is a felony. By comparison, a person needs to have more than double that amount - over 20 grams - of marijuana, or else the case is still a misdemeanor. Florida law now requires signatures for people to buy some products that contain the chemical to make the drug, including some over-the-counter cough medications. Police routinely scours those registries to hunt down potential labs. The production also causes a strong, recognizable odor that is toxic to people in and around the lab. That distinct odor makes tips to the police fairly common about labs in more densely populated areas, such as apartment complexes or, in some of the recent cases, a motel. And because meth manufacturing can be so dangerous to people around, the penalties are enhanced if it is produced in a residences or dwelling if children are present. Right or wrong, methamphetamines are treated differently than many street drugs and the penalties can be severe and long-lasting. Our Jacksonville Drug Crimes Attorney knows all of the possible penalties and enhancements involved with a meth charge and can advise you of all of your rights and options should you be the subject of an Jacksonville drug investigation. And if the current trends hold, expect more investigations and more charges in Jacksonville than we are accustomed to.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm, PA at (904) 365-5200 for a free consultation. Our Duval County drugs crimes attorney is available 24 hours a day, 7 days a week.

As a Jacksonville Drug Crime Attorney, I have represented many clients who have drug problems. If not for their drug addiction, they probably would have not been arrested in Duval County. There are a few drug treatment options for people charged with crimes in Northeast Florida. If the person arrested in Jacksonville has not been in trouble before, Duval County Drug Court is an option. Drug court is an intensive twelve to eighteen month program consisting of counseling, random urinalysis and court appearances. If the defendant completes the program, their Jacksonville criminal charges will be dropped.

Another option is called The Matrix House. This is a secure drug program that takes around four months to complete. By secure, I mean that the defendant cannot leave the facility. Matrix House is located at the Community Control building of the jail at 451 Catherine Street, Jacksonville, Florida 32202. This substance abuse treatment center is run by River Region, a drug treatment company in town. Often times, when someone is sentenced to complete the Matrix program, the person is sentenced to complete it with early release upon completion with Jacksonville Probation to follow. The main condition of this Duval County Probation is to participate in the aftercare program of Matrix.

There are several crimes that will disqualify someone from participating in the Matrix House Program. If convicted of these crimes, the program may reject someone who is otherwise qualified and in need of the services. The crimes are Jacksonville Violation of Injunction, Duval County Aggravated Assault/Battery, Aggravated Stalking, Arson, Burglary of an Occupied Dwelling, Child Abuse, Escape or Attempted Escape, Carjacking, Murder, Kidnapping, Lewd, Lascivious or Indecent Assault involving a child under 16 years of age, Robbery, Sexual Battery or any attempt to commit the previous crimes. If the defendant has been diagnosed with an underlying medical, mental or emotional disorder, the person can also be disqualified. The applicants for this Jacksonville drug treatment must live in Duval County to be Matrix eligible.

If you have been arrested in Jacksonville and think you may have a drug problem, call our Jacksonville Drug Attorney at (904) 365-5200. There are several options for you in Duval County. Call 24 hours a day, 7 days a week to discuss your case with our Experienced Criminal Attorney in Jacksonville, Victoria "Tori" Mussallem. The Mussallem Law Firm is here for you.