Jacksonville Criminal Defense Attorney Blog

Two men and a female driver were arrested on armed robbery charges in Clay County last week after two victims were robbed and shot in what police are describing as a drug-related incident. The suspects drove off after the robbery and police eventually spotted the vehicle driven by Kelia Smith at a convenience store, according to a report in the Florida Times-Union. Smith was arrested in Clay County. The two passengers, Calvin Bolden and Marquise Roberts, allegedly both ran when police arrived, but were eventually arrested at the apartment complex where the alleged shooting took place, the newspaper reported.

All three are charged with armed robbery with a firearm, a first-degree felony that carries a potential life prison sentence. Bolden and Roberts are also charged with aggravated battery and other drug charges, the newspaper reported. Smith, who had her 2-year-old son in the car at the time, was also charged with child neglect and marijuana possession.
Depending on how it shakes out in terms of which one of the men is accused of firing the weapon, there are minimum mandatory sentences that could be at play here. Under the state's 10-20-Life law, using a firearm in the act of a felony allows the state to file for a 10-year minimum mandatory sentence. Both men are accused of showing guns, but only one is accused of firing his, the newspaper reported. Minimum mandatory sentences do not allow the judge to sentence to anything lower and require the defendant to serve the term in its entirety. In most other cases, defendant serve 85 percent of their sentence - assuming the stay out of trouble in prison. If a gun is fired, the minimum mandatory can be increased to 20 years. If someone is hit, it can then be escalated to life in prison. And because people were shot in this case, it could escalate to a mandatory life sentence, though there are other elements that may be in play. Minimum mandatories are generally not filed immediately by the state, but come into play down the road and are often used as leverage in negotiation.

An interesting piece of this Clay County Armed Robbery case, in terms of leverage, will be what the state chooses to do with Smith. She was the alleged getaway driver, which makes her part of the armed robbery, even though it appears she was in the car and not actively involved in the physical robbery. Prosecutors are likely starting first with her to determine if she will talk and, more importantly for the case, if she is willing to testify against the two men in this Clay County Armed Robbery Case. Prosecutors often go to a person on the periphery of the case, but someone who still has intimate knowledge of the case, and will trade information for a recommendation of a more lenient sentence. It's unclear at this point what Smith's ties are to the two men, so the likelihood of her talking is impossible to predict. However, loyalties can go out the window quickly when someone is facing life in prison and our Clay County Robbery attorney has seen family members flip on each other to save themselves some prison time.

If you or a loved one needs a criminal defense attorney in Orange Park or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Clay County Robbery 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.

Jacksonville police arrested a 53-year-old woman whom they say tried to leave a
Jacksonville Wal-Mart without paying for several packages of crab meat.
Greta Young was arrested for felony theft in Jacksonville last month and police found $120 worth of crab meat in her purse, according to a report in the Florida Times-Union.

Ordinarily, because the value of the property is between $100 and $300, Young would be charged with a first-degree misdemeanor, punishable by up to one year in jail. A Jacksonville Theft Charge does not become a felony until the value of the property stolen is more than $300. However, there is a part of the law working against Young in this case. If someone has already been convicted twice of any type of Florida theft charge, the state can charge the person with felony petit theft, a third-degree felony punishable by up to five years in state prison.

Young has several prior theft charges on her record dating back to 1990, the newspaper reported. A Jacksonville theft crime is one of the crimes that can elevate to a felony based on a person's record. Jacksonville DUI is another that can become a felony if a person has multiple convictions. These cases are a prime example of why it is critical to have a Jacksonville theft attorney on board, even if it seems like an insignificant event and there is no jail time at risk. Not every arrest results in a conviction. Many people will choose to simply plead guilty at first appearance court without consulting a lawyer and that conviction will be on their record forever. A Criminal Theft Lawyer in Jacksonville, for example, may have been able to get the state to agree to withhold adjudication if certain conditions were met, meaning the guilty plea may not appear on the person's record. That would be extremely important in a case like Young's where one plea could be the difference between a Florida misdemeanor and a felony. It may seem like the easiest and best way to handle a situation is to enter an immediate guilty plea and be done with it, but that could have serious consequences down the road.

There are also several diversion programs available for first-time offenders in Jacksonville theft cases and it is not typically a crime where prosecutors are expecting someone to agree to significant jail or prison time. Obviously, Young would not qualify for these programs and there does come a time where the state will try to send a message to a defendant who is repeatedly in the same type of trouble. I t remains to be seen if that will be the case for Young this time around.

Our Jacksonville theft lawyer has represented hundreds of clients facing theft charges - misdemeanors and felonies, first-time offenders and people with several theft convictions on their record. 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.

As a Jacksonville Theft Attorney, I have represented hundreds of people accused of stealing. There are several Duval County Theft charges, including petit theft (also referred to as petty theft) and grand theft. Stealing is considered a Petit Theft in Florida if the value of the items taken is $300.00 or less. If the value is below $100.00, the theft is considered a second degree misdemeanor punishable by up to 60 days in jail. If the value of the property is between $100.00 and $300.00, it is considered a first degree misdemeanor punishable by up to one year in jail. If the value of the stolen items is more than $300.00, the theft is considered a felony in Jacksonville.

In order for the Jacksonville State Attorney's Office to prove the enhanced crimes of theft (Jacksonville first degree misdemeanor and felony theft), the state's lawyers must prove "value". Under Florida law, value is considered the market value of the property at the time and place of the theft, or if that amount cannot be ascertained, the replacement cost of the property near the time of the theft. In my Duval, Clay and Nassau County theft cases, if the prosecutor does not prove the value of the merchandise, the state attorney cannot enhance the theft charge.

In a recent case in South Florida, a criminal defendant was convicted of first degree petit theft. When the victim was asked how much her property (jewelry, camera and remote controls) was worth, she responded that she wasn't sure. The victim speculated amounts. The defendant's criminal defense attorney argued that the state attorney did not prove value beyond a reasonable doubt. The appellate court agreed. The court found that the prosecutor on the theft case had to provide competent substantial evidence showing that the stolen property was between $100 and $300. Although the owner of stolen property is generally competent to testify as to the value of their property, they must not only show that they are the owner, but that the victim was familiar with the property. The Florida courts have a two step test to determine what is enough evidence to prove value. First, the owner has to show that they have "personal knowledge" of the property, such as the cost and condition of the items. Second, the Florida state attorney has to present enough evidence to prove the value. A victim's opinion on value, without more, is not enough to sustain a conviction for a first degree misdemeanor petit theft in Florida.

Jacksonville theft charges can tarnish your record forever, because theft crimes are considered crimes of dishonesty. If you or a loved one has been accused or arrested for any type of Northeast Florida theft crime, call The Mussallem Law Firm 24 hours a day, 7 days a week. Call our Duval County Theft Attorney, Victoria "Tori" Mussallem, at (904) 365-5200 for a Free Consultation today.

A JEA worker was sentenced to 13 months in prison for changing customer account records, resulting in an estimated $50,000 in lost revenue to the Jacksonville city-owned utility. Stephen Smith pleaded guilty last week to second-degree grand theft in Duval County, according to a report in the Florida Times-Union. After his prison term, he'll be on Jacksonville probation for two more years, the newspaper reported. The 14-year employee will also forfeit his pension as a part of his deal and the money will be used to pay back the utility for its loss.

Smith pleaded guilty to entering the JEA system and closing accounts with large balances, then reopening another account in the same person's name so the customer's outstanding balance was wiped away, according to a newspaper report when Smith was first suspended without pay in March. Utility officials were waiting for the legal case to play out before firing him, but his termination is now inevitable.

Smith also faced Jacksonville fraud and identity theft charges because he was using social security numbers and other personal information to start the various accounts. Smith's Jacksonville criminal defense in the case was likely very limited, especially because all of his work would have most likely been traceable through the JEA computer system. In initial media reports, people claimed to have paid a JEA worker cash to settle an account, though it's not clear how much money Smith received himself. Regardless of how much money Smith himself received, the theft is calculated on the loss of revenue to JEA. By changing the records, he was stealing from JEA - whether the money ended up in his pocket or not. What his motivation was and how he benefited from the theft are more for the sentencing phase of his case than for determining his guilt or what crimes he could be charged with.

Crimes that occur on the job like this can be devastating for the defendant. In Smith's case, his retirement thus far is completely gone. Even if it was not part of the plea deal, he likely would have lost it anyway. The state of Florida allows for employees who commit a felony in Jacksonville or anywhere else related to their job to have their pension revoked. Most local retirement plans like the city pension JEA employees are part of have that same provision. The pension money likely had to be the source to pay JEA back because when Smith returns from prison, he will undoubtedly have a difficult time finding work with this conviction on his record. There are so many qualified people looking for work that employers don't have to take a risk by hiring someone who went to prison for stealing from their employer.

Our Jacksonville Theft Attorney has represented hundreds of people charged with stealing everything from thousands of dollars to a few items from a store. In many cases, there are diversionary programs available for first-time offenders that could allow you or your loved one to avoid jail time, depending on the charge.

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 man serving a life sentence for robbing a Jacksonville cell phone store has now been charged with the 2011 killing of a Jacksonville woman and police say the robbery and her death are connected. Police arrested Kenneth Thompson last week and charged him with murder in the death of Michelle McCoy, who was last seen being pulled into a minivan in January 2011, according to a report by News4Jax. Police said this week that Thompson and McCoy knew each other and Thompson was trying to get back a stolen phone from McCoy, according to the news report. McCoy was missing for three weeks before her remains were found in a vacant lot. Thompson was convicted this year of a Jacksonville Robbery for robbing a Metro PCS store just weeks after McCoy went missing. Thompson has long been a person of interest in the McCoy case, as was his uncle, a convicted rapist who killed himself in a police standoff, saying he'd rather die than return to prison, the television station reported.

Prosecutors used one of their common strategies in cases like this where the evidence on the murder case may not be as strong as they'd like it to be. The state took Thompson to trial on the Duval County robbery charge first, where he was convicted and received a life sentence. Now that he's in prison for life, there's no risk of him getting out on the street if he is found not guilty on the murder charge. What this does is cut the risk significantly for the state, knowing that Thompson is in prison for life regardless. It also bought detectives some time to get the case as locked down as they can before making Jacksonville the arrest. There's no rush, Thompson's not going anywhere. From Thompson's perspective, it also likely guarantees the case will go to trial in Duval County. He's in prison for life anyway, why not fight it? The jury will not know that he's already serving a life sentence, unless Thompson decides to testify in the case, which would appear to be unlikely.

Our experienced Jacksonville Trial Attorney knows that criminal cases typically hinge on who has the leverage in a case. If, for example, the case is thin and the state knows it, there is often an offer that might have a lower sentence than is typical for a crime of that nature. A Jacksonville Criminal Attorney then has to consult with the defendant to determine if he or she wants to take that deal or push forward any try to expose the flaws of the case in a trial. In that hypothetical situation, the defense has the leverage. For Thompson, because prosecutors opted to try to the armed robbery before even charging him with murder, the state is clearly in the driver's seat even if the murder case is flawed. As the case moves on, it will be interesting to see how both sides address Thompson's uncle role in the case, especially since he cannot defend himself from any accusations.

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

A botched Jacksonville Armed Robbery last week left one suspect dead and the other charged with murder, though he wasn't the one who pulled the trigger. Two men started threatening employees at a Dollar General store one night last month, with one of them holding the store manager at gunpoint with what police described as a BB gun that looked extremely authentic and was easily mistaken for a real gun, according to a report in the Florida Times-Union.
A man who just happened to be shopping in the store on his way home from work, saw the commotion at the front of the store and walked to the front with his gun drawn, the newspaper reported. The man ordered the suspect holding the clerk at gunpoint to drop his weapon and, when he didn't, the man shot the suspect in the head, chest and shoulder, killing him. The second suspect took off running and was arrested in Jacksonville the next day after a family member alerted police, the newspaper reported. The shopper has not been charged with a crime and is not expected to be, as police lauded his bravery in helping prevent further violence and crime that evening.

But the charges got exponentially worse for Aundre Krishna Campbell, 19, who is now charged with Duval County felony murder in the death of his accomplice. In Florida, a person can be charged with murder if someone is killed while that person is committing a felony. In this case Campbell and Rakeem Deveal Odoms were trying to rob the store - clearly a felony and Campbell is also charged with robbery in Jacksonville in this case. And the fact that the guns turned out to be fake has no bearing on the seriousness of the charges in this case. More charges against Campbell could be coming, because police say they suspect he and Odoms in several other similar robberies throughout town. The state uses felony murder charges pretty regularly in Jacksonville. Last month, a man accused of chasing and beating another man who was trying to drive off was charged with murder after the driver ran over another man and killed him. Several years ago, three teens who robbed a video game store were charged with felony murder after their getaway driver tried to elude police and was shot and killed by an officer after crashing the vehicle and running, refusing to put his hands in the air. In many cases, felony murder is a charge the state uses as a hammer in cases like this, trying to get a suspect to accept a lengthy prison sentence. It seems a little much to charge someone with murder when they don't even pull the trigger, but the state says it uses the charges as a deterrent for other violent crimes -- armed robbery, for example - that can lead to murder.

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

As a Jacksonville Criminal Lawyer, I represent people charged with all types of crimes, including Burglary in Jacksonville. Car burglaries, also referred to as Burglary to a Conveyance in Duval County, are up in one Jacksonville neighborhood. In the past week, seven cars were broken into in the apartment complex of Leigh Meadows, according to an article on News4Jax.com. Every one of the cars was unlocked, which is an invitation for a Jacksonville theft. Often times, the thieves will lift door handles looking for that one unlocked door. The act of going from car to car to steal is also referred to as "car hopping". In order to be arrested for burglary to a car in Jacksonville, all you have to do is touch the outside of the car with the intention to commit a crime therein. That crime would be a theft in Duval County.

Burglary in Jacksonville is defined in the Florida Statutes as entering or remaining in a home, structure or conveyance (car) with the intent to commit an offense once inside. A home, or dwelling, is defined as a building of any kind that has a roof over it and is designed to be occupied by people overnight. You can even be arrested in Jacksonville for burglary if you steal something out of the attached porch or carport. A "structure" means any building, temporary or permanent, that has a roof over it and is enclosed. In the case of car burglaries, a "conveyance" is defined as any motor vehicle, ship, vessel, railroad car and trailer.

Punishments for burglary in Jacksonville vary depending on whether or not there was someone was inside the home, structure or car at the time of the burglary. Any charge of Burglary is considered a felony in Jacksonville. A burglary to an unoccupied car is a third degree felony punishable by up to five years in prison. Like I said above, just touching the outside of a car wanting to steal something inside can be considered a felony in Duval County. If you or a loved one has been arrested for a burglary in Jacksonville, it is extremely important to consult with an Experienced Duval County Criminal Attorney. Our Jacksonville Burglary Attorney, Victoria "Tori" Mussallem, has represented hundreds of people charged with theft crimes in Northeast Florida. Call our Jacksonville Theft Law Firm at (904) 365-5200 for a FREE CONSULTATION.

Video footage of a couple hundred teens piling into a Jacksonville Wal-Mart, destroying produce and stealing snacks went viral on YouTube and was shown on television newscasts across the country. Now, police have singled out one person they are looking for in connection with the incident this month, according to a report in the Florida Times-Union. Jacksonville police has shown the screenshot pulled from a security video of a woman, asking the public for help identifying her. Police have not publicly stated what her role is, according to the newspaper. The teens went to the Wal-Mart after a massive house party in the area was broken up, according to the newspaper. Police later learned one of the party goers was shot and then started investigating that shooting. The woman could be wanted for questioning in relation to the shooting, or to the party. While the shooting is obviously the most serious crime and will command the most attention from police, interesting legal questions would arise should police seek to identify and try to prosecute any of the teens who stormed the store. One of them took video footage and posted it on YouTube. It's a safe bet that he or she has already had a visit from the police. Dozens of faces in the video are clearly identifiable and several other teens can be seen taking photographs or video from their cell phones.

There is some footage of fruit being smashed, and store officials reported drinks and snacks being stolen, but none of those are serious crimes. Jacksonville Criminal Mischief, essentially vandalism, is a misdemeanor, as is a Jacksonville Petit Theft - anything stolen from a store with a value of under $300. But police could try to identify more people from the store and bring people in for questioning, which would likely lead to a massive string of people either giving names of people in attendance or not talking at all. Proof of an actual crime would be difficult, but police could decide to do it more to discourage that type of behavior in the future. Police have used similar methods to identify rioters on college campuses for example, and the proliferation of cell phone cameras has made it easier to identify people than ever before. Police used to have to rely on news footage and were often unsuccessful in court in trying to get newspapers and television stations to turn over pictures and footage that were not published. Now, it seems, everyone has a camera rolling.

If police do in fact come calling to speak with the teens, they have a right to remain silent and to speak with a Jacksonville Criminal Attorney. Anytime you or a loved one thinks they may be contacted by police, it could be a tremendous benefit to speak with a Jacksonville criminal defense attorney first, just to be prepared on how the encounter with police may go. 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.

Jacksonville police arrested a man with a saw and what they said was a stolen catalytic converter - and there may be plenty more where that came from, according to a report in the Florida Times-Union. Police suspect Torre Ludwig in at least seven thefts of the converters, which reduce vehicle emissions as part of a vehicle's exhaust system the newspaper reported. Someone matching Ludwig's description was seen in mechanics clothes going under a car parked in downtown Jacksonville and a surveillance camera showed Ludwig's van nearby. The car is question was missing its catalytic converter. The converters are made with valuable metals that make them attractive for resale - similar to copper wiring from air conditioning unites. Converters can cost up to $2,000 to replace and they fetch between $100 and $150 at a scrap or salvage yard. Ludwig had sold 13 to an Orange Park salvage yard in the past month for a total of just more than $1,100, according to the Times-Union report. An employee at the yard eventually called police.

These numbers are crucial for the criminal case (likely to soon be cases) against Ludwig. Jacksonville Theft Charges carry various penalties - from days in jail to years in prison - based on the value of the property. And that value is based on how much it is worth - not how much someone was able to get for it. A common example, and one of the most common stolen items, would be jewelry. If someone steals a $10,000 wedding ring, it is a Jacksonville, Florida felony - even if someone trades it for $100 worth of drugs. So back to Ludwig, if police keep investigating and end up charging him in more converter thefts, they would all be felonies because the converters are worth more than $300. That is true even though the average Ludwig received for the converters at the Orange Park yard is less than $100 apiece.

For now, Ludwig is facing one Florida grand theft charge - a third-degree felony punishable by up to five years in prison. Ludwig is also charged with the felony of being a secondary metal recycler, after telling police he bought the items on Craigslist and then sold them to the scrap yard. That charge is essentially the state trying to prove its point that it caught Ludwig in a lie and trying to force his hand on the theft charge. That charge also has a maximum penalty of five years in prison. It is not uncommon for the state to charge both ends, so to speak. Either Ludwig was stealing the convertors (a crime) or he was illegally reselling them (also a crime, according to the state). That doesn't leave much wiggle room in the state's mind - assuming the thefts can be proven. Enough proof for an arrest and enough proof for a conviction are always two very different standards.

Our Jacksonville Theft Attorney has represented hundreds of clients charged with various theft crimes in Duval County, Clay County, and Nassau County and will thoroughly investigate your case to see how much evidence the state does in fact have.

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 Theft Lawyer is available 24 hours a day, 7 days a week.

A Duval County judge dismissed the case against a former Raines High School principal charged with giving false statements to police. George Maxey admitted that he initially intentionally gave police wrong information to protect students who stole items from the locker room of a visiting football team, the Florida Times-Union reported. But his Jacksonville criminal defense attorney argued that he recanted his story quickly and it did not negatively affect the investigations, therefore was not against the law, according to the newspaper. A judge agreed at a hearing last week, dismissing the Duval County misdemeanor charge. State Attorney Angela Corey said when her office chose to file charges in February against Maxey and assistant principal Oscar Harris she wanted to send a strong message to the community that actions like these, especially from high-ranking officials, would not be tolerated. But with the judge dismissing the charges, what is the message now?

The message appears to be that our judicial system is based on the law - not morals - and what Maxey did in relation to a Jacksonville theft investigation at his school was not a crime in the eyes of the judge, the newspaper reported. The law reads that recanting can be used as a defense if the statements are recanted in a timely manner, do not change the course of the investigation and are taken back before they were exposed as false. Maxey came clean in two hours and the investigation was not altered because of his statements, according to the newspaper. Prosecutors argued that Maxey only recanted because he knew his lies would soon be discovered and that Maxey should not escape prosecution just because his plan was not successful, the newspaper reported. In dismissing the Jacksonville criminal charges, the judge said the purpose of the recanting clause in the law is to encourage people to be honest and truthful with the police.

Maxey was forced to resign last year when the school system learned of the false statements. Corey had said she was not seeking jail time - even though the maximum penalty is up to a year in the Duval County Jail. Corey was looking for Maxey to do community service and show the importance of telling the truth to police, the newspaper reported. As we've seen before, what can cause someone to lose their job doesn't always end up costing them in court. And just because there is enough for an arrest, doesn't mean a judge sees enough to go forward with the case. Whenever possible, if police are asking to speak with you about a crime, speak with the Jacksonville Criminal Defense Attorney first. An experienced criminal lawyer can advise you of your rights and the best way to handle an encounter with investigators.

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 Misdemeanor Lawyer is available 24 hours a day, 7 days a week.

It would seem the city of Jacksonville is plagued with car burglaries. According to a report from News4Jax in just the first three months of 2012, over 900 Jacksonville car burglaries have been reported. The zip codes with the highest reported incidences were 32210 with 79, 32244 with 77, 32246 with 67, and 32218 with 62. While surely many involved "breaking and entering" the vehicle, whether by smashing the window or by jimmying the door locks, the majority of auto burglaries are crimes of opportunity. By leaving doors unlocked and valuables in plain sight, car owners are inviting the opportunistic thief to peruse the goodies therein. The best way to avoid theft of items from your vehicle is without a doubt locking your doors. It is a common practice for thieves to go around parking lots trying car doors until they find one that is unlocked. As the proverb goes, "opportunity makes the thief."

The Jacksonville Sheriff's Office has even gone so far as to utilize "bait cars". These are specially designed vehicles used to tempt people into stealing them. The police leave the car door open with the car running. The car has a video camera and automatic locks that can be controlled by remote control. Once the unsuspecting perpetrator drives off, the doors lock and the car turns off. Every time this happens, JSO can make a grand theft auto arrest. The officers are not stopping would-be auto thieves, but are arresting opportunists.

What many fail to realize, however, is that simply opening an unlocked car door and removing something of so little value as a pen or some spare change, much less a cell phone or GPS, is a felony, specifically burglary to a conveyance. This Jacksonville, Florida felony carries the same weight as if one were to bust in the door of an unoccupied home and carry out televisions, jewelry, or anything else. In the state of Florida, burglary is defined as entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein. So as long as any part of your body enters within the vehicle you have committed the necessary act. Removal of property from within the vehicle is not required, only the intent to do so. Proving the lack of such intent usually is the key factor in gaining an acquittal. So car owners would be prudent to prevent such a serious offense by locking their cars and storing valuables out of site. And to anyone presented with such an "opportunity," be advised of the dire consequences that could follow.

If you or a loved one are accused of a theft crime in Jacksonville, Clay County or Nassau County, call The Mussallem Law Firm, PA at (904) 365-5200 for a free consultation. Our Duval County Criminal Theft Lawyer is experienced in defending those accused of burglary and is available 24 hours a day, 7 days a week.

Restaurant inspection reports are the public records de jour for Jacksonville media these days - creating searchable databases and weekly features showing their readers and viewers which restaurants are infested with roaches and have slime in the ice machine. A failed inspection can destroy a business' reputation, even force the restaurant to close until the conditions can be brought back up to code. Now, police say two local inspectors were using the threat of a failed inspection-- and all of its gory details -- to line their own pockets, according to a report in the Florida Times-Union. Former sanitation and safety specialists Moses Davis Jr. and Steven Rivera were arrested in Jacksonville last week and charged with accepting unlawful compensation for official behavior. Each faces up to 15 years in prison on the second-degree felony charge. Both men have been fired by the state.

A tip to police last fall launched an investigation that led to at least 17 businesses that had paid one of the two men to ignore violations, according to the Times-Union. The inspectors would ask for between $100 and $300 not to write down violations they found, the newspaper reported, though police are still getting a handle on how much money the two men took in bribes. To make the arrest, police set up Rivera and Davis, sending them to two separate restaurants where the owners were working with police. Rivera took $200 from one business and Davis took $100 - all marked police bills, according to the newspaper report. Both places had blatant health violations, yet both inspectors noted they found none. Police have not named the businesses and said they don't plan to file charges because the restaurants were coerced into the scheme, the newspaper reported. While it may have been the inspectors who brought up the bribe, it does -- as the saying goes -- take two to tango. The state may be choosing not press charges on business owners because they cooperated with the investigation. That type of selected enforcement happens regularly. But paying a bribe is paying a bribe, period.

From the perspective of a Jacksonville Criminal Defense Attorney, deposing the restaurant owners themselves will be critical. What were the violations they didn't want anyone to know about? What is the financial loss for being closed a day? Why did they pay the inspectors if they knew it was wrong? Kickbacks are a two-way street. After all, you need someone to kick something back to someone else. It's easy to blame the state official who has the power, but neither of the two men would be receiving money if the restaurant employees did not agree to pay them. At its core, this case is similar to hundreds our Jacksonville criminal defense lawyer has worked on over the years with multiple defendants. People point the finger at each other to get a better deal for themselves. In many cases, one or more people end up working with police and will end up with a better sentence or, in rare cases, have charges dismissed. That element is at play in this case; only the restaurant owners appear to have been given immunity right out of the gate.

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 violent crimes lawyer is available 24 hours a day, 7 days a week.

Undercover Jacksonville police officers are putting a dent in the underground scrap car part business, wearing wires and trying to take down people buying stolen cars and parts. The Jacksonville Sheriff's Office announced a string of Duval County arrests last week in cases they've been building in the last month, according to a report in the Florida Times-Union. Police said they went to a co-owner of a tire shop and sold him four tires and rims for $200, after telling him they were stolen. Police arrested another business owner with a similar set-up a day later. Police are trying to crack down on people who advertise at the side of the road that they buy "junk cars" and "car parts." Many times, police said in the newspaper report, those businesses are fronts for people selling stolen goods. The arrests were made by JSO's Auto Theft Unit and the Burglary SCRAP Task Force.

Both were charged with dealing in stolen property in Jacksonville, which is a second-degree felony punishable by up to 15 years in prison. The key to the state's case on a dealing in stolen property charge is proving the defendant knew OR should have known the merchandise was stolen. That does not appear to be an issue in this case, since the police say they have it on tape that officers told the buyer the goods were stolen. But let's say your neighbor owes you $100. He doesn't have the money, but, instead he gives you a lawnmower he says is worth $150 to satisfy the debt. You agree, but since you already have a lawnmower, you take this one to a pawn shop to get some money for it. The mower registers as stolen and the state charges you with dealing in stolen property. Can the state do that? Technically, they can charge you with this Jacksonville felony, but proving it will be an issue. The state has to show that you knew or should have reasonably known the property was stolen. If you didn't, chances are the criminal charges will be dismissed.

Our Jacksonville theft lawyer knows the standard the state must meet to prove a dealing in stolen property charge - and have seen first-hand how difficult the threshold can be. It's not surprising undercover officers expressly stated that the tires and rims were stolen. Police know that element is paramount to their case. 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 Theft Lawyer is available 24 hours a day, 7 days a week.

A former senior-level Jacksonville Electric Authority engineer pleaded guilty to bribery charges after devising a scheme to sell a contractor construction materials from a city yard for cash. Thomas William Allen was making more than $80,000 a year at JEA before his arrest last fall, according to a report in the Florida Times-Union. Allen went to the head of a local contracting firm and told him he was in a financial bind since his wife lost her job and offered to sell the materials for $20,000, the newspaper reported. The contractor went to the FBI the very next day and the feds set up recorded phone calls and meetings between the two men. Allen, who was in charge of the electrical part of subdivision development for the city-owned utility, sold more than $63,000 worth of materials for $10,000 cash and an agreement for $10,000 more. The materials were taken to an FBI storage facility. Allen was arrested in Jacksonville shortly thereafter, according to the newspaper report.

Allen faces up to 10 years in prison and a $250,000 fine. He quietly pleaded guilty at the end of March and no sentencing date has been set. In a criminal case like this, with recorded evidence stacked against you, sometimes the only choice to plead guilty, own up to the crime and hope your criminal defense attorney can get the judge to see that you have made a horrible mistake you'll learn from. In this case, Allen had been a JEA engineer for 14 years and was 44 at the time of his arrest. He did not have any prior criminal record, according to the newspaper, and devised this scheme out of financial desperation. That could backfire, with the judge looking at his $80,000 annual salary and saying many families should be so lucky to have that amount of income, and they don't steal. The facts of the case, though, are what they are and there is really no disputing them.

Our Jacksonville Criminal Defense Lawyer has represented clients at hundreds of sentencing hearings and knows which arguments will help in certain types of cases, and which could get a client more time than he or she expected. 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 bribery and theft lawyer is available 24 hours a day, 7 days a week