Jacksonville Criminal Defense Attorney Blog

A Jacksonville police officer who's been busted for drinking and driving before in her tenure on the force was arrested last week and charged with five counts of DUI causing property damage. Diane Jones was not on duty when she allegedly hit a car in a shopping center parking lot, then allegedly rammed in one on a nearby road, according to a report in the Florida Times-Union. Jones then returned to the same parking lot and allegedly hit a third car before bumping into another car twice while trying to park her vehicle, the newspaper reported.

Jones' problems didn't end there. Police said she refused to get out of her car and was pulled out by police when she reached for something underneath her seat, the newspaper reported. She then refused to submit to field sobriety tests and, once she was taken to a local hospital, refused to allow her blood to be taken, the newspaper reported. Had any of the crashes resulted in serious bodily injuries, Jones would have had no choice but to have her blood drawn. But since no one was hurt, she could still legally refuse.

Jones has been in legal trouble with drinking and driving before, and it's very likely her days as a Jacksonville police officer are now numbered. She received a 20-day suspension and was ordered to undergo treatment in 2007 after she was investigated for DUI by the Florida Highway Patrol, the newspaper reported. Then, in 2011, a citizen took video of her police car being driven recklessly and police found her drinking at a neighbor's house, the newspaper reported. Jones said she started drinking after driving and there was not enough evidence to prove she was drunk while driving. She was, however, fired from the Jacksonville Sheriff's Office until an arbitrator ruled she must be reinstated, the newspaper reported. Jones was most recently assigned to a position taking reports over the phone and did not have a patrol car, the newspaper reported.
It's unclear how many DUI convictions Jones has on her record, but it's very possible she has none. Jacksonville arrests and investigations are not automatic convictions and that fact is significant in this Jacksonville DUI case. Had Jones been convicted in 2007 and in 2011, she would now be facing a felony charge. In Jacksonville DUI cases, if a person has two DUI convictions and is arrested on suspicion of DUI again, the charge can be considered a felony and punishable by up to five years in state prison. As it stands now, Jones is looking only at Duval County misdemeanors and potential time in the county jail - up to six months if it's her first conviction, up to a year if it's her second.
Consequences and penalties ramp up quickly in Jacksonville DUI cases so it's crucial that people do not plead to charges that cannot be proven beyond a reasonable doubt. The temptation is for people to plead guilty in first appearance court and start the clock on the coming driver's license suspensions, but that is a short-term decision that can have serious long-term consequences.

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.

A well-known Jacksonville police union president and the alleged mastermind of a $300 million gambling racket are among several suspects who had bond reduced and posted enough money to get out of jail while awaiting trial. The case, which involves gambling at internet cafes where the proceeds were purported to be going to a veterans' charity, rocked the state last week and even led to the resignation of the lieutenant governor, who was questioned by the FBI about the consulting work she did for the charity, according to a report in the Florida Times-Union.

The Jacksonville ties to this Theft Case are abundant: local Fraternal Order of Police President Nelson Cuba and his second-in-command are accused of laundering money and racketeering; Jacksonville attorney Kelly Mathis is accused of being the mastermind in the scheme and Jerry Bass, commander of the Allied Veterans of the World, was also arrested, the newspaper reported. All face multiple fraud, racketeering and gambling charges - all felonies in Florida. They were arrested while in South Florida for a conference and spent three nights in jail while the court sorted out the conditions upon which they could be released.

Defense attorneys in the case were upset about the way the bond hearings were handled, the newspaper reported. Once a person is arrested in Florida, they are entitled to a bond hearing within 24 hours of being arrested. In this case, the hearing was continued without a decision until Thursday, despite the fact the men were arrested Tuesday, the newspaper reported. Once they were set, criminal defense attorneys then said they were too high -- $1 million for Mathis and $500,000 for Cuba. In most cases, the suspects are able to use a bondsman who will post the bond if the suspect pays 10 percent - so that would have been $100,000 for Mathis and $50,000 for Cuba.

But, as in many Jacksonville Theft Cases like this, the court holds what is called a Nebbia Hearing to determine if the person has enough legitimate funds to post the bail. This is done to prevent people from using stolen or ill-gotten funds to get released from jail. The court ultimately sliced the bonds in half for both men and determined they had access to legitimate funds that could be used for the bail. Both men were released on Friday, the newspaper reported. Both had conditions placed on them, including that they surrender their passport and not leave the state - both of which are common in criminal cases. The ability to bond out, especially in this case, could be significant for the suspects. More than 50 people have been arrested in this multi-state investigation and an eventual trial could be a couple of years off. In some cases, defendants end up waiting behind bars for two or three years before they are able to go to 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 Duval County Theft Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

A Jacksonville police officer will appear before an internal police review board to face possible discipline for running a stop sign and causing an accident that injured three people. The officer also suffered minor injuries, but was not hospitalized following the crash last week, according to a report in the Florida Times-Union. The injuries to the three people were not thought to be life-threatening, the newspaper reported. The officer was in his patrol car and on-duty, but not responding to a call at the time, and would be considered at-fault for running the stop sign, according to the newspaper report. Not only will the officer face work-related discipline, he or she could also be exposed to a traffic ticket for running the stop sign, perhaps even a careless or reckless driving ticket in Jacksonville.

Traffic violations can quickly get very costly and drive up other costs, including auto insurance rates. And by simply paying the ticket and moving on from a Jacksonville Traffic Case, a person is admitting guilt and accepting the penalties. Just a few tickets in a short period of time can result in a person having their license suspended and driving privileges taken away. Duval County Traffic violations are scored on a point system, depending on the ticket that is issued. Speeding tickets have a wide range of points, based on how far over the speed limit the ticket is written for. A reckless driving ticket will assess you four points, while leaving the scene of an accident can cost a driver six points. As the points accumulate, they can add up to big trouble, including:

12 points in a year: 30-day license suspension
18 points in 18 months: 3-month suspension
24 points in three years: 1-year suspension

When penalties ratchet up as quickly as they do in traffic cases, saving yourself a few points here and there can be the difference in keeping your license or having it suspended. Just like in a Jacksonville Criminal Defense case, having a Jacksonville Traffic Attorney can in some cases help minimize some of the potential damage to your driving record and your bank account. In a city as large and spread out as Jacksonville, the inability to drive can affect one's ability to make it to and from work, which can then really hit someone's finances. In some cases, people will end up driving anyway on a suspended license, which will escalate problems even further if the driver is caught. Driving when your license has been suspended or revoked is a criminal charge, which then exposes people to time in the county jail.

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

An officer with the Jacksonville Sheriff's Office was charged with theft in Duval County last week after she allegedly stole a purse that she thought was brought to a police substation after someone found it in the parking lot. But, the purse was really brought by an FBI agent as a decoy after police were given a tip that Cheryl Cummings was stealing items from the substation, according to a report in the Florida Times-Union. Cummings was then allegedly seen on surveillance video taking the purse to her car, where it was for several days before the purse disappeared, the newspaper reported.

She was charged with Jacksonville petit theft, a second-degree misdemeanor in Florida punishable by up to 60 days in jail, six months of probation and a $500 fine. She has been a police officer for more than 15 years and has been on light duty working at this substation on Jacksonville's Westside for medical reasons, the newspaper reported. After Cummings was contacted about this Jacksonville theft investigation, she allegedly brought in a missing wallet and told an internal investigator she had taken it home and was trying to find the owner.

While the investigation continues, Cummings will be assigned to other duties and stripped of her police powers, the newspaper reported. In terms of strictly legal issues, Cummings' crimes are not major and it is rare for someone to be jailed their first time arrested for petit theft in Duval, Clay and Nassau Counties. But this is a case where Cummings' career could play in role in sentencing and could hurt her. Police officers are held to a higher standard when it comes to breaking the law - right or wrong, they are. And while she was never charged or disciplined, Cummings was also investigated on a theft charge in 2004 involving taking money for fixing someone's credit report, the newspaper reported. That could play a role as her employment status is being sorted out.

Not having it on her record, though, is huge - especially in a Jacksonville Theft Case. Theft cases are one of the few where a case can be escalated to a felony based on a person's record. Normally, thefts of less than $300 are misdemeanors, but if the value of the property is more than $300, the charge is a third-degree felony - punishable by up to five years in state prison. However, that all changes if someone already has two theft convictions or pleas on their record. Then, the state can file the crime as a felony - regardless of how much money the property is worth. In Cummings' case, it is possible the state could try to charge her with a crime for the wallet she brought in, and there may be other cases that surface. Once police and internal investigators dig into a Jacksonville Theft Case like this, in many instances they'll find a pattern or behavior that's been ongoing for some 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 Jacksonville Theft Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

A disgraced former Jacksonville police officer pleaded no contest last week to the Jacksonville criminal charge of soliciting a prostitute while on duty and in uniform earlier this year. As part of his sentence, David Sumlin was put on Duval County probation for four months and was ordered to complete 100 hours of community service, according to a report on First Coast News. The plea came just one month after he was arrested in Northeast Florida on two counts of soliciting for prostitution, a relatively short turn-around for a criminal case. Both charges are second-degree misdemeanors punishable by up to 60 days in jail. As part of the agreement last week, the state dropped one count and Sumlin pleaded no contest to the second.

A no contest plea means that the defendant is choosing not to fight the charges, but is technically not pleading guilty. In the end, it doesn't really matter because the defendant is adjudicated guilty so all of the same penalties apply and as they would if he pleaded guilty in this Jacksonville misdemeanor crimes case.

Police had been tipped off that Sumlin had been soliciting prostitutes while he was on duty and officers set up a sting with a decoy prostitute to catch Sumlin in the act, the television station reported. Conservations with the confidential informant were recorded, so any evidence would likely be played in court if Sumlin opted to take the case all the way to trial. Sumlin, an eight-year veteran of the Jacksonville Sheriff's Office, resigned from his position shortly after being arrested in November. In terms of punishment and time behind bars, Sumlin's crime is not overly serious, as evidenced by the fact that the maximum punishment is only two months in jail for each count. But, it terms of longer-term consequences, Sumlin will be paying for this crime for some time. He has already lost his job and will likely have a tough time finding another position in law enforcement.

In most misdemeanor cases in Duval, Clay and Nassau Counties, a defendant is sentenced to some form of Florida probation and will generally have to complete community service. The sentences are set up to provide some sort of punishment and incentive not to commit a similar crime, but to also allow people to recover and continue productive lives after making a mistake. But if a person fails to meet the conditions of their probation, they are then opening themselves up to a Jacksonville Probation Violation and can be sentenced to maximum time they would have faced. People can move on after a misdemeanor if they complete probation, but defendants must work to get there.

Our Jacksonville Criminal Defense Attorney has represented thousands of clients charged with misdemeanors. Many have negotiated deals with the state for community service and probation, completing their sentence and moving on with their lives. Others have been exonerated completely. Our Jacksonville misdemeanor crimes attorney will thoroughly investigate your case and advise you of your best 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 Duval County Misdemeanor Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Police in Duval County wrapped up an eight-month investigation and are pursuing Jacksonville felony charges against at least five men charged with spray painting buildings and railroad cars near a historic neighborhood. Seventy charges have been filed against 11 different people, according to a report in the Florida Times-Union. Fives arrests have been made since October, the newspaper reported. One man is charged with more than 20 felonies, including Jacksonville burglary, criminal mischief causing more than $1,000 worth of damage and interfering with a railroad train. All charges are third-degree felonies, punishable by up to five years in prison and a $5,000 fine. That means one person alone is facing more than 100 years in prison and up to $100,000 in fines for spray-painting and damaging property.

While decades behind bars for these crimes are pretty unlikely in this case, police don't conduct eight-month investigations to see people get slapped on the wrist. Authorities must believe there is a serious graffiti and vandalism issue in Jacksonville and they'll be looking to these cases to send a message that significant penalties can be levied for these crimes. This is likely a case where the penalties could be more monetary in terms of paying back the businesses and property owners for the damage that was caused, assuming it can be proven, as opposed to stacking years of prison time on the defendants in this case.

Police told the newspaper it costs railroad companies about $3,000 to paint and clean up a rail car once it has been hit by graffiti. A string of vandalisms in Jacksonville's Riverside neighborhood last summer caused about $30,000 worth of damage and local business owners have been fighting back by painting over the graffiti quickly, the newspaper reported. But painting over the vandalism takes time and money -- expenses business owners have to come out of their own pocket for, the newspaper reported.

Restitution for the property owners will likely be a key point in any plea negotiations, if they are taking place. The graffiti is often publicized on local websites and the artists "tag" their work with their code names, essentially putting a signature on their crimes. It gives them credit among the subculture of graffiti "artists," but it doesn't appear to leave much room for a defense if the law comes calling, as it has in this case. Graffiti and vandalism seem like minor charges, Jacksonville misdemeanors that teen-agers pick up while doing things teen-agers eventually come to regret. But these charges are felonies and with burglary charges added, likely for breaking into a railcar to paint it, the charges are serious and have some serious consequences attached.

If you or a loved one needs a criminal defense attorney in Duval, Clay or Nassau County, call The Mussallem Law Firm at (904) 365-5200 for a Free Consultation. Our Duval County Misdemeanor Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

A veteran Jacksonville police officer resigned last week after he was arrested on two counts of soliciting for prostitution in Duval County. David Sumlin, an eight-year veteran of the Jacksonville Sheriff's Office, was charged last week with two counts of soliciting for prostitution. The charge is a second-degree Jacksonville misdemeanor and punishable by up to 60 days in jail, six months of probation and a $500 fine. Sumlin was on-duty, in uniform and in a patrol car when the alleged crimes occurred, according to a report in the Florida Times-Union. The police department learned of Sumlin's behavior two months ago and spoke with a known prostitute who said she had negotiations with Sumlin about having sex with him, according to the newspaper report. Police then used her as a decoy on two separate occasions, the second last week in which Sumlin agreed to pay $20 for sex, the newspaper reported.

Sumlin, 49, resigned from the sheriff's office the next day and his law enforcement career is all but over. In cases like this with Jacksonville misdemeanor charges, the punishment from the judicial system tends to dwarf the other penalties Sumlin faces, both professionally and personally. An Duval County arrest like this, especially in his patrol car, is difficult to live down. But, from the perspective of a Duval County Misdemeanor Crimes Attorney, there could be a significant benefit to fighting the charges and making sure the state can prove its case.

An Experienced Jacksonville Criminal Defense Attorney would at least have a listen to the recordings police made in the case which document the conversation between Sumlin and the woman he thought was a prostitute. If Sumlin does agree to pay her $20 for some sort of sex act, then the case may be a tough one for Sumlin, but it would be worth hearing who was driving that conversation. Soliciting for prostitution cases can be very difficult for the state to prove, unless actual money changes hands as a part of the deal. Police regularly conduct undercover stings where they have either a male posing as someone looking for a prostitute or a female officer undercover as a prostitute. The decoy operation never gets to the point where a sex act takes place, but in some cases there can be doubt as to what constitutes an actual agreement. Another factor in these types of Jacksonville criminal cases is the state is likely to make an offer that does not include any jail time, unless a defendant has a lengthy criminal record. And most of the men involved just want the case over with sooner rather than later, so they'll plead guilty, avoid jail time and try to move on with their lives. Depending on their chosen profession, it might not be that easy.

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

Davinian Williams, an unarmed man, was shot and killed by a Jacksonville Sheriff's Officer during a routine traffic stop in the Arlington area of Jacksonville, according to a report on News4Jax. The officer fired seven shots at Williams, six of which hit their target. Williams was pulled over for what the officer described as erratic driving, which is a common justification police officers give to stop a vehicle. The area was known for drug trafficking, another common justification. Williams was described by police as a "career criminal" due to his long Jacksonville arrest history. Despite all these factors, he had no weapon on him or in his vehicle and showed no aggression towards the officer. The officer claims he ordered Williams to stop "fidgeting" and, when he failed to comply, opened fire. Powder cocaine and crack cocaine were found in Williams' socks, likely the reason he was "fidgeting."

While the officer has been placed on paid administrative leave while the shooting is being investigated, likely nothing will come of the killing on the officer's end. Police officers are given extreme deference in their decision making and they only have to be in fear for their safety to exercise deadly force. They do not have to see a weapon of any kind. Their decision to use force only hinges upon fear. Looking at the factors surrounding the shooting, when the officer pulled Williams over, the first thing the officer probably did was run the tags on his vehicle. From this information he would find out to whom the vehicle is registered and could then run a background check. Before the officer even approached the vehicle, he potentially knew the owner's Jacksonville criminal history. Police often use a victim's prior arrest record to establishing the "fear" necessary to justify a homicide by an officer, and in some cases rightly so. You must not forget that police officers are still human, and when pulling someone over in a high crime area, and with the knowledge that the person they are about to confront has a criminal record, they are likely already on edge.

So what is the takeaway from a story like this? The officer was a three year veteran of JSO, not a very long time as a cop. Williams was seen "fidgeting" in the car. Was he going for a gun, hiding crack, or just nervous? It doesn't matter, because now he is dead. All the officer had to establish was that he thought Williams was going for a weapon, and he is now justified to use force. And cops shoot to kill. Of the seven shots fired, six hit Williams. If you are ever pulled over, regardless of your criminal history, but especially if you have a record, always comply with the officer's orders. If you have nothing to hide, then nothing should come of it. And even if you are breaking the law, as Williams was by possessing illicit drugs, no arrest is worth your life. The officer cannot just search your car without a reason. Officers will often cite the odor of marijuana in the car as a reason to search a vehicle. If a Jacksonville police officer asks if he or she can search your car, you are allowed, under our Constitution, to say "no".

If you or a loved one ever gets into a situation like this, comply with the officer, and call The Mussallem Law Firm, PA at (904) 365-5200 for a free consultation. Our Duval County Criminal Lawyer is available 24 hours a day, 7 days a week.

The state has dropped DUI charges against a former Jacksonville police officer, now that blood tests show he was not impaired at the time of the crash. Michael Rolison's career with JSO is still likely over though. He had 12 years with the agency but resigned the day after the crash, telling News4Jax he was given the option of resigning or being fired. Employers don't always have to be lined up with the courts when it comes to employee arrests in Jacksonville. Police agencies are particularly sensitive in that regard - especially when an officer in arrested for DUI in his patrol car, wearing his police uniform. Rolison was on his way home from work about 2 a.m. last November when his car crossed the center line on a St. Johns County road and crashed into another vehicle, according to the television news report.

As the Florida Highway Patrol investigated the crash, the trooper smelled alcohol on Rolison, and found a bottle cap in the car that matched a beer bottle found outside the car near the crash, News4Jax reported. Those factors led police to start a DUI investigation. Normally, field sobriety exercises would be next up. In this case, they could not be performed. Both Rolison and the 18-year-old whose car he hit were hospitalized following the crash. At the hospital, Rolison initially refused to submit to a blood test, but then decided to after meeting with internal investigators from the Jacksonville Sheriff's Office, according to the news report. The blood sample was submitted to the Florida Department of Law Enforcement and came back with no evidence of drugs or alcohol in Rolison's system. The results came back months ago, but Rolison's criminal defense attorney was waiting on records from the hospital he could then give to the state to tie everything together legally, the television station reported.

Last week, the state then dropped the charges of DUI and DUI causing property damage, citing a lack of evidence, according to the news report. For Rolison, the damage is likely done. He admits to News4Jax that he violated department policy by having a beer in his uniform after his shift. His criminal record is now clear. But what about his reputation if he tries to find another law enforcement job? That remains to be seen. The first step in a situation like this is to find an experienced Florida criminal defense lawyer that will delve into your case and look for ways to have the charges reduced or dropped. DUI charges are often knocked down, typically because of a technical issue - an error in the way the defendant was pulled over, a lack of reasonable suspicion before asking for field sobriety tests, etc. In Rolison's case, there's no technicality. There's just no evidence.

Our Jacksonville DUI attorney has represented hundreds of DUI suspects and is experienced in the intricate procedures police must follow in these cases. 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 DUI lawyer is available 24 hours a day, 7 days a week.

Last month, a Jacksonville judge hinted he might hold a second sentencing hearing for a former JSO employee after he learned a sergeant gave inaccurate statements under oath about the impact of her crime. This week, though, the judge let the criminal sentence stand, according to a report in the Florida Times-Union. The case is a telling example of how difficult it is to get a second shot at sentencing.

Kenitra Casper was sentenced in January to 12 years in prison for using her employee access to a confidential database to e-mail photos and names of undercover officers. A Jacksonville Sheriff's Office sergeant testified at the hearing that those detectives whose names were leaked by Casper, a records technician, had to be moved out of the undercover unit. Casper's new Jacksonville defense team discovered the sergeant was wrong and the detectives were only prevented from doing their work in one particular neighborhood, according to the newspaper report. The judge said he relied heavily on the sergeant's testimony, and was especially concerned about employees who had to switch jobs along with the cost to taxpayers to train others to do them. But, in an order issued last week, those concerns did not outweigh the potential danger Casper caused by breaking the public trust and leaking the information in the first place.

Casper had faced up to 60 years - five years each on 12 counts of using or disclosing confidential police information. Her first Duval County defense lawyer was asking for a year in the county jail, but the judge handed down a year in prison for each count.
As part of the new sentencing reduction motion, Casper's new Jacksonville defense attorney was also seeking to have her guilty plea withdrawn. That was denied as well and, like a resentencing, is almost never granted by a judge. While people do plead guilty to things at time because it is their best alternative - that's the nature of our system - once you accept responsibility, judges expect you to keep it. Similar situations come up frequently when people are arrested for misdemeanor charges, such as a Jacksonville DUI or a battery charge after a fight. Defendants will spend the night in jail, see a judge the next day and plead guilty so they can go home. That is usually not in the defendant's best interest and is nearly impossible to reverse. Never plead guilty to a crime without consulting with a Jacksonville criminal defense attorney first. Those decisions are lasting and are too important to make without consulting a professional.

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 criminal defense lawyer is available 24 hours a day, 7 days a week.

A Clay County sheriff's deputy was fired last week, immediately after his arrest on a rape charge. A woman told police about the alleged assault that happened March 8. Two days later, Deputy Jacob Middleton, 26, was arrested and fired, according to a report in the Florida Times-Union. Very few details on the case were released, though the woman said she did know Middleton prior to the incident and that she went to his apartment that evening. Middleton was released from jail on a $50,000 bond, the newspaper reported.

Organizations like the sheriff's office have little tolerance for any arrests - especially a sex crime and especially for a rookie cop still in his probationary period. Middleton had been with the department since September. Clay detectives are also the ones investigating the case, so they know as much about what actually happened as anyone - excluding Middleton and the alleged victim. The quick firing could mean they have a good idea Middleton is guilty and can be convicted. Or it could mean he's not worth the bad headlines for a few months while the case plays out. One certainty is sexual assault charges can be difficult for the state to prove, depending on how much physical evidence is available. In many cases there will be evidence of sexual contact, but one side will be saying it was consensual sex, while the other says it was rape. Then, it's her word against his.

Depending on the severity of the charge the state ultimately files, Middleton could be looking at life in prison. That's unlikely, since he's been released on a $50,000 bond - but a significant prison sentence is indeed a possibility. Moreover, any plea or conviction would brand him as a sexual offender and Middleton would have to register and have his picture broadcast whenever he moves his residence.

Our Clay County sex crimes attorney has represented dozens of men accused of sexual assault. The charges are life-altering and require an experienced criminal defense attorney who won't be afraid to ask the tough questions and examine every detail of the case to present to a jury.

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

Two Gainesville-area businessmen were sentenced last week for bribing top Department of Corrections brass to get a lucrative concessions contract - seven years after the scheme went down. Eddie Lee Dugger was sentenced to 26 months and Joseph Arthur Deese was given 14 months in federal prison for the conspiracy to pay up to $130,000 to disgraced DOC secretary James Crosby, according to a report in the Florida Times-Union. The sentences cap an ugly eight-year tale for the prison system - and provide a textbook example of how federal investigations can work.

It began in 2004 with a look into rampant steroid use among corrections officers who played in high-stakes softball tournaments on the weekends. It spread to theft of goods meant to be recycled, and with each guilty plea and agreement to cooperate, investigators were gathering string on who they thought was the big fish - Allen Clark.
Turns out, when they went to Clark, he said he could get them Crosby, his best friend and the man who aided Clark's rapid ascent in the department, according to newspaper reports. Clark served just more than two years and was released in 2009. Crosby is serving an eight-year sentence and is scheduled to be released in two years. Both Crosby and Clark agreed to help the government - presumably to tie up the cases against Deese and Dugger, according to the newspaper.

Until a case is dropped, it's not over. Even then, the government has been known to come back refile separate charges. If you think you are being looked at for a crime - or that someone is implicating you once they've been arrested themselves - the best thing you can do is hire a Jacksonville criminal defense attorney. When people are under the gun, they do what they can to save themselves and you need someone who is looking out for you - and only you. Our Jacksonville criminal defense firm has represented plenty of clients who've had former friends or business partners point the finger at them once police get involved.

If you need 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 criminal lawyer is available 24 hours a day, 7 days a week.

A Nassau County Sheriff's Office detective crossed the vaunted "thin blue line," going to the FBI and wearing a wire to try to take down his boss. A Florida Times-Union investigation published over two days last week provides an inside look at what the feds might be looking for with their probe into the department and retiring Sheriff Tommy Seagraves. A former detective went to the FBI after fearing Seagraves would not take action against deputies seen as friendly to Seagraves who were accused of corruption and civil right violations. The cop-turned-informant secretly recorded conversations within the department for over a year, gathering string for an investigation the FBI is keeping quiet about. Seagraves dismisses the informant as a disgruntled employee with an ax to grind.
Employees usually raise a fuss about corruption for one of two reasons: They've got the goods on their employer and there's a serious problem, or, they are disgruntled.

Either way, it could be trouble for Seagraves and the department.

You can bet that Clay County criminal defense attorneys will be keeping a close eye on this investigation - especially with two people coming forward about allegedly having their civil rights violated by the same officer. If proven, internal issues like these can taint more than just the criminal cases where the abuse is alleged. Unrelated arrests in Clay County where the same officer is involved can be under the dark cloud of that officer and can hamstring the state attorney's office. Credibility of the police department and, more importantly, the arresting officer is a key to the state's case. Prosecutors know it and defense attorneys know it.

Our Jacksonville Criminal Defense Law investigates every single aspect of your case - including the officer making the arrest and the leadership of the department. If you need 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 Criminal Trial Lawyer is available 24 hours a day, 7 days a week.

An Edward Waters College student has filed an internal complaint with the Jacksonville Sheriff's Office after police pointed a gun at him during a traffic stop.
The student was on his way to work after class about 1:30 p.m. Thursday when police said they pulled him over because his grey Crown Victoria matched the description of a car used in a Jacksonville burglary, according to a First Coast News Report.
The student told the television station he was not speeding and didn't know why he was being pulled over. Next thing he knew, officers had drawn their guns and one told him he'd blow his head off if the driver didn't take the keys out of the ignition, the television station reported. Officers handcuffed the student and held him in the back of a police car for 45 minutes before eventually letting him go. He says police never told him why he was stopped, but First Coast News reported that the information about the burglary was in the police report. The student says the officer popped the trunk of his car and searched without asking permission, but the report says the officer asked for and received consent from the student, the station reported. This is very common when someone is pulled over in Jacksonville. As a Jacksonville Criminal Defense Attorney, many clients tell me they never gave the police permission to search their vehicle. As a matter of fact, most were never even asked.

A police spokesperson told First Coast News it is routine for police to have guns drawn and to handcuff a suspect when making a traffic stop involving a felony in Duval County.
In this case, the student was not charged with a crime. Time will tell if the sheriff's office brass have problems with the way it was handled.

Every detail counts in an encounter with police. Did they have permission to search a vehicle? What was the probable cause to stop the vehicle? Was a person detained longer than they should have been while police waited on a dog to sniff around the car?
Our Jacksonville criminal defense lawyer, Victoria "Tori" Mussallem, knows exactly what to look for in police reports and what questions to ask in depositions to ferret out problems with a Jacksonville arrest. Cases can be dropped or thrown out on one false move and, if it's there in the case of you or your loved one, our criminal defense attorney will find it.

If you need a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm, P.A. at (904) 365-5200 for a free consultation. Our Duval County Criminal Attorney is available 24 hours a day, 7 days a week to discuss your criminal matter.

A former Jacksonville Sheriff's Office records clerk has pleaded guilty to leaking confidential information, including pictures of undercover officers. Kenitra Casper was arrested in June and pleaded guilty last week to 12 counts of disclosing or using confidential law enforcement information, according to the Florida Times-Union. The technical title of these crimes is "Disclosure or use of confidential criminal justice information" and each count is a third degree felony punishable by up to 5 years in prison. Casper is facing up to 60 years in prison, but the newspaper story said it is possible Casper will only receive Jacksonville probation. In order to convict someone of this Florida crime, the prosecution must prove that you were a public servant and while working for the city, you did with intent to obstruct, impede, or prevent a criminal investigation or a criminal prosecution, disclose active criminal investigation information that is not available to the public. Casper was leaking pictures of undercover narcotics detectives, confidential photos of juveniles, suspect names and other records that were not supposed to be public. She used her JSO password to cull the information from a police database, the newspaper reported. Police told the newspaper the five detectives were reassigned and have not been injured.

Casper has entered pleas of "guilty" to all the charges against her. It is now up to the judge in the case to decide what sentence she should receive. When a criminal defendant enters a plea to the judge, it is always risky. The judge in Casper's case can sentence her to "time served", place her on probation in Duval County, sentence her to jail time or even send her to prison. A "Pre-Sentence Investigaion Report" (PSI) was ordered in Casper's case. This is a report that is completed by the Florida Department of Corrections. An officer from the Department talks to the defendant and family members to discover what kind of person the defendant is. The Department also runs a background investigation. The purpose of the PSI is to present the judge with enough information to make an informed decision about the defendant he or she is about to sentence.

Cases such as this are a nightmare for the sheriff's office, showing that the criminal element has someone on the inside feeding them information. One rouge employee can severely damage the credibility of the office, and raises the question of what else may not be above board inside the department. From a defense perspective, it warrants a look at all of the cases involving the detectives whose identities were leaked and involving the suspects whose names were put out there by Casper. There may be something there, there may not be.

Our Jacksonville criminal defense attorneys take a complete look at all of the moving parts that go into an arrest and the state's criminal case. In some instances, that means looking at the background of the officers making the arrest and any ongoing issues in the police department that may taint the case. Often times, individual police officers have been the subject of complaints, even discipline.

If you need a criminal defense attorney in Jacksonville or the surrounding area, call Mussallem and Associate, PA at 904-365-5200 for a free consultation.