Jacksonville Criminal Defense Attorney Blog

A fourth psychological exam has cleared the way for a 98-year-old St. Johns County woman to be moved from the jail to the Florida State Hospital. The fate of Amanda Stevenson had been in question for close to two years since she was arrested in St. Johns County, accused of shooting and killing her nephew during an argument in 2011, according to a report in the St. Augustine Record. Stevenson had been found incompetent to stand trial because she suffers from dementia, the newspaper reported. The judge had ordered the Agency for Persons with Disabilities to find a home for Stevenson, but it said Stevenson did not meet the agency's criteria to be committed. The new test cleared the way for the Department of Children and Families to take custody of her and place her in a mental hospital where she can likely get more help for her illness than she could in jail or prison. This St. Johns County Violent Crimes case was difficult in terms of where to house Stevenson because she should not be kept in jail when she has not been convicted in this St. Johns County Violent Crimes Case. But, she wasn't cleared either. And prosecutors argued she should not be sent to live at home, even with restriction including house arrest, because she was a danger to society. Prosecutors asked that Stevenson remain jailed until an alternative could be found and she did for nearly a year after Stevenson was found incompetent to stand trial in July 2012. County jails are not meant for people to stay in long-term: they are for people awaiting trail and people sentenced to one year or less on a misdemeanor charge. People convicted of felonies, such as murder, are placed in the state prison system.

Stevenson will now be committed to a state hospital, the common landing place for people deemed unfit for trial. She is not free to leave at any point and will live and receive treatment there. She will be eligible to petition for the murder charge to be dropped in five years, the newspaper reported. This St. Johns County Violent Crimes Case highlights some of the limitations in our criminal justice system when it comes to dealing with the mentally ill. The so-called "insanity" defense can get a bad name and is often thought of as people pretending to be mentally ill as a way to avoid prosecution in a case. But, in our criminal justice system, everyone accused of a crime has the right to a fair trial. And, to have that, a person must be able to understand what is going on and be able to make decisions about the case.

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

A Jacksonville man facing murder charges in three different cases has been found guilty of the first two and last week received his second life sentence when a judge opted against the death penalty. But that doesn't appear to be stopping the state from pressing forward once more to have DeShawn Green executed, according to a report in the Florida Times-Union. The state plans to proceed to trial on the third murder charge and seek the death penalty, even though Green is already facing two life sentences, the newspaper reported.

In this second Jacksonville Murder Case, Green was convicted in the shooting death of a man at a Jacksonville apartment complex and police said he was out for revenge after two of his friends were shot, the newspaper reported. Green and Bruce Brice Jr. were both charged in the shooting, though neither admitted to firing the shots. Brice worked out a plea deal to testify against Green and, in turn, was sentenced to just seven years in prison, the newspaper reported. In convicting Green, the jury found him guilty of being part of the crime, but did not find beyond a reasonable doubt that he was the actual triggerman, the newspaper reported.

In first-degree murder cases in the state of Florida, there are only two possible sentences: life in prison or the death penalty. If the state chooses to seek the death penalty, which it does in Jacksonville more frequently than many other parts of the state, the same jury that sat through the trial is asked to make a recommendation to the judge regarding the death penalty. In Green's Jacksonville Murder Case, the jury voted 7-5 to sentence Green to death. But, in death cases, the jury recommendation is only a recommendation and the judge has the final say. In this case, the judge said he went against the jury's recommendation because of the doubt as to whether or not Green fired the shots, the newspaper reported. Prosecutors have appealed in Jacksonville Murder Cases when a judge chooses life in prison against the recommendation of the jury, so that could be an option in this case. The narrow 7-5 vote may dissuade the state from that option, especially with another murder trial for Green coming soon. Interestingly, the only thing a jury does that it doesn't have to be unanimous in is recommending death. From a petit theft misdemeanor case all the way up to a first-degree murder case, a jury must be unanimous to convict a person of a crime. All it takes is one person and, if an agreement cannot be reached, the jury is considered hung. From there, a mistrial is declared and the trial would have to start all over again with a new jury in place. In a death sentence, though, majority rules. Until the decision reaches the judge.

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

The Florida Supreme Court has overturned the conviction and 50-year sentence of a Jacksonville man, ruling that police illegally went through pictures on the defendant's cell phone without his permission or seeking a warrant. Police should have gotten a Duval County warrant before searching the phone of Cedric Smallwood, accused of pointing a handgun at a convenience store owner and stealing $15,000 and another handgun from the store, according to a report in the Florida Times-Union. After Smallwood was arrested, officers went through his phone and found pictures of a gun and stacks of money, the newspaper reported.

During Smallwood's trial in this Jacksonville Gun Crimes Case, his Duval County criminal defense attorney objected to the use of the photos because police didn't seek a warrant, but the judge allowed the photos, the newspaper reported. One appellate court agreed with the photo search, saying a cell phone was no different than a wallet or closed container found on a person, both items police are legally allowed to search.
But the Supreme Court saw it differently. The ruling is significant, especially in a digital age where people rely on mobile phones and devices for storing all types of information, including banking records and personal calendars. In many cases, the mobile phone is almost a personal computer, which police would need a warrant in order to search. Search warrants specify what law enforcement is looking for and can legally look for when searching a computer. Police do not have carte blanche access to pilfer through whatever they choose on a computer, The Supreme Court ruling makes sense in expanding that protection to mobile devices, which in many cases have just as much, if not more, information stored on them.

This does not mean police won't be able to touch or look at cell phones. It just means they must get a warrant first and lay out exactly what they are looking to find, and how that would directly affect the case they are working on. Media reports have not said whether the state intends to try Smallwood again in this Jacksonville Gun Crimes case. He was first arrested in 2008 and has been behind bars since - in the county jail until his conviction and then in state prison. He is now back in the Duval County Jail awaiting arraignment on this charge, the newspaper reported. Jacksonville armed robbery is a first-degree felony punishable by up to life in prison, so it would be difficult to imagine the state not aggressively pursuing the case again. But any case will have to proceed without the photos police obtained from Smallwood's cell phone. The Supreme Court ruling is definitely significant for Smallwood in his Jacksonville Gun Crimes Case and is also a win for suspects going forward in the state of Florida.

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

A Jacksonville man who's already served half of a five-year prison sentence after being convicted in the 2010 beating of a convenience store owner will now get a new trial in the case. Gerald Cribbs was convicted in a 2011 trial and sentenced to five years in prison on the Duval County felony assault charge, according to a report in the Florida Times-Union. Gribbs had been kicked out of a Westside Jacksonville convenience store three times for harassing female customers and, when the owner went out to the parking lot again to see if Cribbs had left, the owner was hit in the back of the head, the newspaper reported. The owner said during trial he heard Cribbs' voice threatening to kill him and the owner told police the night of the attack that Cribbs was the one who hit him in this Jacksonville Assault case.

But when an investigator for Cribbs' defense team testified in this Jacksonville Assault Case, he said he spoke with the owner just two months before the trial and the owner said he didn't know who hit him, the newspaper reported. Prosecutors then tore into the investigator, questioning his tactics and asking why he didn't talk to other witnesses. Jacksonville Defense Attorneys objected, but the judge allowed the questioning anyway, the newspaper reported. The 1st District Court of Appeals in Tallahassee last week sided with Cribbs, saying the questioning of the defense investigator shifted the case to where Cribbs was having to prove his innocence, rather than the state proving he was guilty. It is not the responsibility of a Jacksonville Criminal Defense Attorney to prove his or her client is innocent. In all criminal defense cases in Florida, including Jacksonville Assault Cases, the burden of proof is on the state. Period. Prosecutors must prove their case beyond a reasonable doubt, or the jury is supposed to find the person not guilty.

In criminal cases in Duval, Clay and Nassau Counties, it is imperative that the playing field be level so the accused in ensured his or her right to a fair trial. That's why the potential sentence a defendant is facing is not made public during the trial - that information could sway the jury one way or the other. Another example is a jury decision must be unanimous. A person's freedom is a fundamental right and should not be taken away on a whim. It will be interesting to see if the state will continue to pursue the case against Cribbs, or if negotiations will ramp up. Cribbs has been returned from state prison to the Duval County Jail while the case resolves. Criminal cases can come down to small details that may seem like minutia at the time, but are of great importance to an experienced Jacksonville Criminal Defense Attorney.

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

Rather than face a possible life sentence on a second-degree murder charge, a Jacksonville man instead opted to plead guilty last week to one count of manslaughter with a weapon for stabbing his daughter's boyfriend to death. Carlos Dupree's murder trial was set to begin last week when he instead pleaded guilty to a reduced charge of manslaughter, according to a report in the Florida Times-Union. The key for Dupree in this Jacksonville Violent Crimes case is the amount of prison time he was facing. Second-degree murder is a first-degree felony and the judge has the option of sentencing a person to up to life in prison.

Dupree will be sentenced on the manslaughter charge next month, according to the newspaper report. In this Jacksonville Violent Crimes case, Dupree is accused of confronting her daughter's boyfriend because he thought the 18-year-old was disrespecting him, the newspaper reported. Dupree allegedly punched the teen and then stabbed him in the stomach with a butcher knife, the newspaper reported. The line between second-degree murder and manslaughter is very thin, though it makes an enormous difference for the defendant. In neither charge is the state saying it can prove the defendant had a premeditated plan to kill the victim. In second-degree murder, a death is caused by an obviously dangerous act that showed no regard for human life, even if the direct intent to kill was not present. Manslaughter is more typically charged in Jacksonville Violent Crime cases where a two people are involved in a fight that results in one of the parties being killed. Manslaughter revolves more around negligence than it does a particularly violent intent.

In most Jacksonville Violent Crime cases where a person pleads guilty to manslaughter, they were initially facing a murder charge. It is a charge that is most often the result of a plea agreement. From the state's perspective, by agreeing to a manslaughter plea, prosecutors are not risking having someone who they believe killed someone be able to walk right out of the courtroom and onto the street if a not guilty verdict is returned. For the defendant, it's limiting the risk in terms of time behind bars. Dupree is 41, the newspaper reported, so even if he is sentenced to the maximum amount under law, he'll still be out of prison by his mid-50s.

In the end, Duval County criminal defense is about limiting damage for a person accused of a crime. In some cases, that means pressing to trial and getting a not guilty verdict to exonerate the accused. In others, it means cutting your losses and not risking spending the rest of your life in prison. Our Jacksonville Violent Crimes attorney has worked on thousands of criminal cases and can help lay out all of the options so you or your loved one can make the best decision with the situation at hand.

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.

The state released video surveillance and other evidence to the media last week in the case of a Jacksonville man accused of slitting the throat of an out-of-town football fan that had been talking to his wife. The release came about one month after a motion from Matthew Hinson's Jacksonville Criminal Defense Attorney to prevent the release of discovery information was denied by the judge, according to a report from News4Jax. The recently released information includes surveillance video from that night at the Jacksonville Landing, including footage of Hinson being arrested in Jacksonville and other cars trying to prevent him from getting away.

Hinson is charged with second-degree murder, accused of walking up to a Chicago Bears fan in town to watch a football game the next day, and killing the Illinois man, the television station reported. The recently-released information also includes telephone calls from several witnesses to 911 dispatchers asking for help for Chris Pettry and saying they saw a man later identified as Hinson leaving the incident, the television station reported. One witness is even recorded telling police "I watched him do it," according to the television report. Jacksonville Defense Attorneys had initially requested the information remained sealed in this Jacksonville Violent Crimes case, arguing the release in the highly-publicized case would prevent Hinson from being able to receive a fair trial.

The case has received national headlines, primarily because it was a football fan killed when traveling to another city for a game. Some of the videos and other recordings in the case have been redacted, for what prosecutors say is to allow Hinson to receive a fair trial, the television station reported. But clearly everything released so far seems to favor the state and this Jacksonville Violent Crimes case isn't looking great for Hinson. But that is why cases are tried in courtrooms in front of juries and not simply in the media.

Hinson is charged with second-degree murder in this Jacksonville Violent Crimes case and faces up to life in prison if he is convicted. This is a case where the Duval County defense lawyer is likely to ask the judge to for a change in venue. That is done in cases where the alleged crimes have been covered so extensively in the local media that the trial is moved to another county to try to find jurors that have not already formed an opinion in the case. Attorneys ask for a change of venue far more often than they are granted, so it will be interesting to see if an eventual trial does indeed stay in Jacksonville. Motions to move a trial and restrict the release of discovery in a case are seemingly little things that experienced Jacksonville Violent Crimes Attorneys do that can make a significant difference in how the case of you or your loved one ends up.

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

For the second time in less than a year, a Jacksonville jury was unable to come to an agreement as to whether Andrew King was guilty of killing his girlfriend's pregnant roommate. A Duval County jury deliberated for a full day last week and then reported back to the judge that it was hopelessly deadlocked and would be unable to reach a consensus on a verdict, according to a report in the Florida Times-Union. The judge was then forced to declare a mistrial, meaning King will likely be tried for a third time on the first-degree murder charge. A separate jury was also hung in June, when King's was the first murder trial in the new Duval County Courthouse, the newspaper reported.

King is accused of coming in through the backdoor of his girlfriend's house and stabbing Felicia Burney as she slept on the couch, the newspaper reported. Burney's baby was due any day, but died from lack of oxygen after Burney was killed. Prosecutors said King was mad because he was kicked out of the house to make room for Burney and the baby, while Jacksonville criminal defense attorneys argued King had no motivation to kill Burney and questioned how Burney and her 2-year-old slept through the alleged stabbing just 15 feet from their bedroom.

In Jacksonville Criminal Defense cases, a jury must come to a unanimous decision when it comes to reaching a verdict. The juries are different sizes, depending on the type of crime the defendant is charged with. In first-degree murder cases, there are 12 jurors on the panel. There is generally plenty of back and forth inside a jury room, especially when the case isn't completely cut and dried, but in most cases, jurors are able to reach a consensus. But all it takes is one juror to refuse to agree and the jury can end up being hung.
And once a mistrial is declared in any Duval Conunty criminal case, the whole trial must start over from scratch. King's trial lasted four days this time around and would likely do the same the third time. In some cases, a mistrial opens the door for the two sides to negotiate to work out a plea agreement and avoid a second - in this case, a third - trial. To do so in this Jacksonville Criminal Defense case, it would likely mean the state coming off of the first-degree murder charge, which is probably unlikely. First-degree murder carries a mandatory life sentence. From King's perspective, if the state isn't offering anything less than life, he might as well continue to take his chances at trial.

Everyone charged with a crime in a Jacksonville Criminal Defense case must weigh the options of trying to negotiate an agreement or pushing the case to trial. Our Jacksonville Criminal Defense Attorney has represented thousands of clients in Clay County, Duval County, Nassau County and St. Johns County and can lay out all of your options to help you make an informed decision that is best for you and your family.

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.

A jury last week opted against a first-degree murder conviction in a case where a Jacksonville man was accused of strangling his girlfriend and jurors instead chose to find him guilty of second-degree murder. While it may seem like a minor technicality, it could have a significant impact on the sentence Kevin Jones ultimately receives in the case. In Florida, a first-degree murder conviction comes with a mandatory life sentence. No ifs, ands or buts - the person will spend the rest of his or her life behind bars. On a second degree-murder charge, however, there is more discretion in the hands of the judge. Life in prison is still an option, and in this case a definite possibility, but it is not set in stone.

Jones was convicted of stabbing his girlfriend during an argument, then strangling her when she was driving to the hospital, forcing her to crash into a light pole, according to a report in the Florida Times-Union. During the two-day trial, Jones' Jacksonville criminal defense attorneys never denied that Jones was responsible for his girlfriend's death. They did argue that he did not intend to kill her and he should be found guilty of manslaughter. Manslaughter is a second-degree felony with a maximum penalty of 15 years in prison.

Jones and his girlfriend did have a volatile relationship and he previously pleaded guilty to breaking into her apartment, but claimed he was living there at the time, the newspaper reported. One of the conditions of the plea agreement was that Jones not have contact with his girlfriend, but they continued to have a consensual relationship, the newspaper reported. Even though his girlfriend allowed the contact, it still would have been a violation of his Duval County Probation.

One of the elements of a first-degree murder case is that the suspect must have intent to kill the victim. The jury obviously did not find that state had proven that element beyond a reasonable doubt in this Jacksonville Violent Crimes Case. Second-degree murder applies in a case where the defendant's actions lead to the death of the victim, but there is not a specific attempt to kill the victim. In this Jacksonville Violent Crimes case, the jury compromised between what the state asked for and what the Jacksonville defense sought, finding Jones guilty of second-degree murder. He is expected to be sentenced in coming weeks. That's when we'll see if the second-degree murder conviction made a difference in terms of the sentencing for Jones.

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

A Jacksonville man on death row for a 2008 murder will now get a new trial that will likely feature far less evidence for the jury to consider. The Florida Supreme Court ruled this week that Randall Deviney repeatedly invoked his right to remain silent but police kept interrogating him anyway, according to a report in the Florida Times-Union. Near the end of the questioning, Deviney eventually confessed and that videotaped confession was played for the jury during his 2010 trial, the newspaper reported.

Deviney, now 23, is accused of killing his elderly neighbor that he used to do odd jobs, the newspaper reported. Now, according to the Supreme Court ruling, his confession and interview will not be allowed in for Deviney's second trial. That may or may not make much of a difference because Deviney's DNA was found in the victims fingernails, the newspaper reported. But cases like these can be life and death for the accused - literally death in Deviney's case - and police should be expected to follow the law in building their case. Deviney was told at the outset of the interview he was not under arrest in Jacksonville and he was free to leave at any time, the newspaper reported. At that time police read him what are called Miranda rights, which explain that he has the right to remain silent and the right to ask to speak with a Jacksonville Criminal Defense Attorney before talking to police.

Deviney denied killing the victim and when police kept telling him he did it, Deviney told police "I'm done" six times and then asked to leave. Police told him he couldn't because he was now under arrest in Duval County, the newspaper reported. Later in the interview, Deviney confessed, the newspaper reported.

But it never should have been able to get that far. If you are arrested or being questioned by police and you invoke your right to remain silent, that is your right and it should be honored. You also have the right to ask for a Jacksonville Criminal Defense Attorney, which is crucial to beginning your defense case against whatever crime you are being arrested for. Our Jacksonville Criminal Defense Attorney knows the Miranda laws and the rules of police questioning inside and out and can help determine if police went too far during their interview, as the Supreme Court says they did in Deviney's case. It can make a huge difference in the amount of evidence the state is able to prevent at trial and, in some cases, could mean the state doesn't even have enough evidence to proceed with the case against you or your loved one.

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

A Jacksonville man was arrested this month after allegedly telling a co-worker he would drive to Orlando to get his assault rifle and two pistols so he could shoot each of his four supervisors. Rodney Rhyne was charged with making threats in Jacksonville, a Florida misdemeanor, according to a report on News4Jax. The fact he was even arrested at all shows how much our culture has changed in an era where mass shootings are becoming somewhat the norm.

Rhyne allegedly told the co-worker he would have 12 rounds in the magazine so he could shoot each of his bosses in the head three times, the television station reported. Rhyne apparently had received poor performance reviews and felt discriminated against at his job, the television station reported. When police contacted Rhyne at his home, he told them he did say those things, but he was just "blowing off steam," according to the news report.

The problem with proving this case Jacksonville threat case against Rhyne is both he and the co-worker could be right. The co-worker heard him say it and may have felt that Rhyne was absolutely serious and was very close to pulling off an office shooting. The law does not require the state to prove that a person, Rhyne in this Jacksonville Threat Crimes case, has the means to carry out the threat he or she is charged with making. So it would not matter if Rhyne had access to the guns he spoke about, though it certainly would help the state's case. As far as Rhyne goes, it is also reasonable to believe he was exaggerating and speaking in hyperbole when he said what he is accused of saying. People make wild threats all the time, and always have, but they are just taken far more seriously today given recent events. Keep in mind, this is essentially a he said-he said case. We don't yet know what the relationship is between Rhyne and his accuser, so there's no way to know if there's a possibly that he has a personal motivation for getting Rhyne in trouble. There won't be much more evidence in the case. It will be the accuser's word and probably testimony and evidence about Rhyne and his job performance and reviews - which really aren't an indicator if someone is "upset enough" to open fire in the workplace.

But, in today's society, police will be investigating any case where a similar threat is made. And it will be interesting to see how cases like this Jacksonville criminal case are handled in the legal system. Just when does talking about a potential crime actually become a crime itself? Despite it being a misdemeanor in Jacksonville, expect plenty of attention on this Jacksonville criminal case as attorneys and observers look for precedent in what will likely be a more common charge 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 Gun Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

The nearly two-year saga and one of Jacksonville's most controversial court cases wrapped up last week when a boy charged with murder at age 12 pleaded guilty to reduced Jacksonville criminal charges on Friday. Cristian Fernandez pleaded guilty to manslaughter and aggravated battery in Duval County in the death of his 2-year-old half-brother in 2011, according to a report in the Florida Times-Union. As part of the plea agreement, Fernandez will serve his time in a juvenile jail until he turns 19. From there, he will be released and required to serve eight years on probation, with a possibility of early termination after five years, according to the newspaper report.

Because he was charged with first-degree murder, Fernandez was facing a mandatory life sentence, though life sentences for juveniles have been recently been put into flux by the U.S. Supreme Court. Fernandez was the youngest person ever to be charged with first-degree murder in Jacksonville and his age sparked national headlines and debate as to whether he was old enough to understand the crime and the charges. Fernandez was accused of beating his 2-year-old half-brother to death. His mother pleaded guilty last year to Jacksonville aggravated manslaughter for leaving the children alone and waiting eight hours to take the younger son to a hospital, the newspaper reported. Her sentence has been on hold awaiting the outcome of her son's case, the newspaper reported.

The key to this Jacksonville Violent Crimes case will end up being the eight years Fernandez is on probation in Jacksonville. The probation is specifically tied to the aggravated battery charge, the newspaper reported, which is very important in terms of probation. Under Florida law, if a person violates probation, a judge could sentence the defendant to the maximum penalty on their original crime. So let's take Fernandez as an example. Jacksonville Aggravated Battery is second-degree felony with a maximum penalty of 15 years in prison. If he violates, his maximum exposure is 15 years - minus however long he's already been on probation. He was originally charged with child abuse, which was a first-degree felony and carried a maximum sentence of 30 years in prison. That's a huge difference in this Jacksonville Violent Crimes case.

There is a laundry list of conditions in his probation, including no unsupervised contact with children under 16 and staying away from his other siblings unless they initiate contact. The biggest stumbling block in probation could be committing another crime - that's an automatic violation. Then, a judge would determine whether to put him back on probation or send him to prison, which would be adult prison this time. It's difficult to predict how people will respond after a lengthy sentence, especially someone who will have spent seven years institutionalized before his 19th birthday.

Probation can be a trap door for many defendants, depending on the terms. Some clients choose to take a longer sentence up front to avoid probation, knowing their chances of violating could be high. Our Jacksonville Probation Attorney can lay out every option and work to negotiate a deal that works best for the client and is hopefully something he or she can adhere to and get back on track.

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.

Duval County Criminal Lawyers for the man accused of slashing another man's throat with a pocketknife outside a downtown Jacksonville bar are asking for records in his case to be sealed until trial. Matthew Hinson is accused of walking up behind William "Chris" Pettry, slitting his throat and walking away, according to a report in the Florida Times-Union. Pettry was visiting from Illinois to watch the Chicago Bears play the Jacksonville Jaguars the next day. Various media reports have had different stories on what led Hinson to kill Pettry since the October stabbing, but most have focused on Pettry talking to a group of women that included Hinson's wife.

And that illustrates the point of the Jacksonville defense attorneys asking for the records to be sealed in this Jacksonville Violent Crimes case. Attorneys are requesting the judge seal crime scene photos, names of witnesses, 911 calls, surveillance video and all statements Hinson made to police, the newspaper reported. The case has been subject of numerous news reports - in the papers, on television and online - and this is partly a play to help end those stories and ensure there are enough people unfamiliar with the case to be able to field a fair and impartial jury. Strategy with documents and pre-trial publicity is an interesting cat-and-mouse game between the state and the defense in many instances and this Jacksonville Violent Crimes case is bringing that interplay to the forefront.

In some cases, it's the state that is asking to limit disclosure and may even ask for the judge to impose a gag order in the case if prosecutors feel defense attorneys are talking too much or leaking information in the case. Often, motions such as this end up being fought by the local media. True to form, two television stations have filed court documents to keep the records open, the newspaper reported. In the Florida court system, once discovery is filed with the court, it becomes public record and can be viewed or accessed by anyone. That differs from federal court rules, which require prosecutors to share discovery with the defense and the defense only.

The judge ruled she would not seal all of the records in Hinson's Jacksonville criminal case, but would allow a five-day period so the defense could review the documents and then make individual arguments about individual pieces of evidence being sealed, the newspaper reported. A neutral and untainted jury pool is crucial for anyone, but especially when the stakes are this high in a case that has and will continue to get plenty of media attention. Hinson is charged with second-degree murder and faces up to life in prison if he's convicted.

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.

The Duval County state attorney had a man charged with second-degree murder and two counts of aggravated battery for allegedly killing one and injuring two in a 2007 fight. But a Jacksonville jury this month found Joshula T. Oliver guilty of a reduced charge of manslaughter and not guilty of the two Jacksonville battery charges, according to a report in the Florida Times-Union. The case was nearly five years old before it made it to a trial - a long time even for a legal system that can get bogged down.

The verdicts have to be considered a win for Oliver, even though he is looking at up to 15 years in prison. Had he been convicted of murder, Oliver faced up to life in prison and up to 30 years a piece on the two aggravated battery charges. From the perspective of a Jacksonville Aggravated Battery Attorney, it will be interesting to see how much time Oliver gets next month. In some cases when a jury reduces the Duval criminal charges, a judge will give the defendant the maximum penalty and it has the appearance of the judge disagreeing with the verdict and hammering the defendant anyway. That may or may not be the case in those sentences, because the judge could have been leaning toward the maximum regardless of which count the person was convicted of, but it can have that appearance. Either way for Oliver, he has been in jail for five years awaiting trial and will receive credit for that time, so if he does get 15 years he'll have about 10 to go.

When juries are given their instructions by the judge, they are also told about other charges they can consider if they don't think the standards are met for what the state has charged. These are called "lesser included offenses." In Oliver's case, manslaughter was a lesser included offense as an alternative to murder. Police said Oliver stabbed a man during a fight at a Southside bar and two other men were seriously injured when they were stabbed while trying to help the first victim. Oliver drove away from the bar, but later turned himself in, the newspaper reported. Though it's difficult to presume what a jury means by a verdict, it appears here the jury thought the stabbing was part of a fight that escalated, Oliver wasn't intending to kill anyone and the state couldn't prove Oliver was the one who stabbed the other two men.

Juries play a critical role in our criminal justice system and have a tremendous amount of power in changing the charges or even finding people not guilty of the crimes they were charged with. But the ultimate say in terms or sentencing lies with the judge. We'll see next month how much time Oliver gets.

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

A judge vacated a 20-year prison sentence of Clay County man last week, getting a man initially convicted of murder a step closer to leaving prison. Jonathan David Williams was convicted in 2008 of murder and aggravated battery in Clay County for killing a man and injuring a teen after firing shots when a group of people came to his home to collect a $35 debt, according to a report in the Florida Times-Union. But the charges and convictions have been eroding away since. The murder conviction was overturned in 2011 and Williams was granted a new trial. But his new Clay County Criminal Attorney argued Williams' actions were protected under Florida's Stand Your Ground law. A judge agreed and the Clay County criminal charge was dismissed.

And, now that the aggravated battery sentence has been vacated in this Clay County violent crimes case, Williams' defense attorney will likely pursue a similar Stand Your Ground claim. Because both charges stem from the same incident, it stands to reason that if a judge thought Williams was warranted in fearing for his life and shooting, the same thinking would apply on the aggravated battery charge as with the murder charge. Moreover, the judge wrote in his ruling vacating the sentence that Williams' first lawyer erred in not filing a Stand Your Ground motion.

Florida was the first state in the nation to pass a Stand Your Ground law, which does not require a person to retreat if they reasonably fear for their life or serious bodily injury. The law has become particularly polarizing of late with some high-profile cases, including the shooting last month of an unarmed Jacksonville teen at a gas station following an argument over loud music. Opponents argue it has been too loosely applied and should be repealed because it condones unnecessary violence.

In Williams' case, a neighbor brought his daughter and her friend to Williams' house to collect $35. An argument began on the porch and Williams went inside to get a rifle. In his opinion vacating the sentence, the judge wrote the neighbor approached Williams in an aggressive manner and was trying to come into Williams' home without permission. Williams said he heard a loud boom when the neighbor charged at him and Williams fired. The neighbor was shot twice and his daughter's friend was shot in the leg.

With the current laws in Florida, a Stand Your Ground claim should at least be examined by a Clay County Violent Crimes Attorney in any confrontation that escalates into gunfire. The claim is always argued before trial. If it is granted, the case is dismissed and there is no need for a trial.

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

A federal jury in Jacksonville found a Georgia woman did not intentionally injure several people when she drove her car into a cyclist, a motor scooter and several cars in Ponte Vedra Beach in 2010. Andrea Zampatti has cleared one hurdle with that verdict in the civil case. Now, she moves onto the criminal courtroom with a trial set for December, according to a report in the Florida Times-Union. The issue in the civil case was whether or not Zampatti's actions were intentional and her St. Johns County Attorneys argued she was not mentally competent at the time of the car accidents, the newspaper reported. Zampatti, 38, faces 14 felony counts -- two first-degree felonies, five second-degree felonies and seven third-degree felonies. If convicted and given a maximum sentence on all counts, she could receive as many as 170 years in prison.

But the civil verdict is huge for Zampatti. The standards of proof in a civil case are much lower than the "beyond a reasonable doubt" applied in Florida criminal cases. In fact, it's not uncommon for a person to be found not guilty in a criminal case, then found liable in a separate civil case. The most infamous example of this is O.J. Simpson, the former football star and actor who was found not guilty of killing his former wife and her friend in a trial that captivated the nation in the late 1990s. Shortly thereafter, a jury in a civil wrongful death case found Simpson liable and ordered him to pay $38.5 million in civil penalties to the families and estates of the two people killed in 1994.

Zampatti's case landed in federal court because her insurance company sued her to try to eliminate its liability in the claims by the victims of the crashes. The insurance company said Zampatti intentionally tried to hurt people and, therefore, was no longer covered by her insurance policy, the newspaper reported. Zampatti's St. Augustine Attorneys argued she did not have the mental capacity to make a decision at that time and could not have intentionally chosen to harm people. The jurors agreed, the newspaper reported. Now just as burdens of proof are different in the civil world versus the criminal world, so are the standards for being mentally incompetent to stand trial. And Zampatti's intent isn't necessarily as important in a criminal case as it was to satisfy that clause in her insurance policy. Either way, the civil verdict certainly won't hurt her criminal case in St. Johns County and could improve her chances of negotiating a favorable deal with state, should she choose to take that route.

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 Felony Attorney is available 24 hours a day, 7 days a week.