Articles Posted in Police

by

A Jacksonville man was recently jailed for making a false report of child abuse to the Florida Department of Children & Families, News4Jax.com reports.

Charges of child abuse in Jacksonville, or in this case making a false report of child abuse, are very serious allegations. Everyone knows that children are clumsy and sometimes don’t have the mental capacity to understand the risks they are taking when they go too far or do too much.But authorities sometimes over-charge in child abuse cases because they know these cases will be followed in the news media. So, rather than allow a person to “get away” with a crime, they almost always file charges. Our Jacksonville child abuse defense attorneys have seen innocent parents charged with hurting a child they would never imagine harming.

In this case, the man was sentenced to 45 days in jail after being charged with making a false report of child abuse, the TV station reports. The report doesn’t detail the specifics of the charge. He was charged with a third-degree felony, which is punishable by up to five years in prison.

Filing a false report in Florida means reporting abuse, neglect or abandonment of a child to the state’s child abuse hotline when the purpose of the call is to harass, embarrass or harm another person, gain financially, get the custody of a child or otherwise benefit from making the call.

DCF investigators must see the children who are allegedly abused within a certain time period according to the law and officials say that false reports, while rare, can take away from the time spent with real abuse victims.

But it’s often DCF investigators that lead to charges being filed against parents. They typically get the first call to go a house where child abuse or neglect is alleged, sometimes before police are even notified. And it can be an investigator, who has no training in law enforcement, making determinations that abuse has happened.

While it appears this defendant got a good deal if the charges were actually substantiated, child abuse defendants often don’t get such consideration.

According to Florida Statute 827.03, child abuse means:

  • Intentionally inflicting physical or mental pain upon a child.
  • An intentional act that could be expected to result in mental or physical injury to a child.
  • Active encouragement of another to commit acts that could result in mental or physical injury to a child.

Any parent would be quick to tell you they play with their kids, run around with their kids and sometimes even wrestle with their kids in order to entertain them. And you will see cases where this playful atmosphere turns tragic.

The key to this statute is the term “intentional.” Attorneys have battled over this word for years as it means the defendant meant to commit this crime. An accident shouldn’t apply. Sadly, police will charge a parent or guardian anyway and let the court system decide if the charges apply.

By that point, the defendant is already scarred, their reputation in shambles, all while their child may have been injured and dealing with recovery. It’s irresponsible, but it happens every day. Don’t let the state accuse you falsely of child abuse when it’s undeserved.
Continue Reading

by

A recent case out of New Jersey draws parallels to the problems facing defendants in cases of assault or robbery in Jacksonville.

Eye witnesses are inherently problematic because they often tell police they saw many things that lead to a person being convicted. But they often don’t say that it was second- or third-hand knowledge they are passing off as fact. Other times, witnesses have a fuzzy recollection of what happened, but the police trust in them anyway, which leads to an improper arrest.Jacksonville criminal defense lawyers have seen these problems time and time again. As the Jacksonville Criminal Defense Attorney Blog has reported on before, New Jersey officials recently allowed for defendants to have a pre-trial hearing in order to point out inconsistencies with witness testimony and causes — such as police misconduct, the time of day, distance from the crime or influence of drugs and alcohol.

The New Jersey Supreme Court also has given judges the power to tell jurors — even in the middle of trial — about why a witness misidentification may occur. Essentially, warning jurors about problems associated with eyewitness testimony.

We remain hopeful that Florida justices listen to the rumblings going on up North. Justices there wrote that there is a “troubling lack of reliability in eyewitness identifications,” which is definitely true. Many defendants in Jacksonville and elsewhere are sent to prison on the back of witness testimony that is far from rock-solid.

New Jersey v. Henderson highlights why New Jersey officials made the changes — to hold state prosecutors accountable for their actions of bringing in weak witnesses in order to secure convictions.

In this case, a man was shot to death in 2003 at an apartment complex. A witness was present when two men forced their way into the apartment. One of them he knew, the other he didn’t.

According to the state, the man identified by the witness shot the victim while the stranger held a gun to the witness in a small, dark hallway. Nearly two weeks later, police showed the witness a photo lineup from which he identified Henderson as the man who held the gun on him during the murder.

Based on that testimony, the “stranger” was convicted of reckless manslaughter, aggravated assault and weapons charges. he was sentenced to 11 years in prison, plus parole for another six years.

An appeals court reversed, saying that the identification of the suspect from a photo lineup was “suggestive” by police. The appeals court sent the case back to the trial judge to determine whether the identification may have satisfied the remainder of the test.

After the New Jersey Supreme Court made its recent ruling about eyewitness identification and the problems the state has with misidentification, the case was sent back to the trial level for a new pre-trial hearing under the state’s new guidelines.

While it appears on its face Henderson shouldn’t have been convicted in the first place — by a witness who didn’t identify him for two weeks after the fact, and possibly after being nudged by police officers to pick Henderson from a photo lineup — it’s good to see the system working.

Many would argue that the man deserves to be convicted. But supporters of the criminal justice system would say that the system worked because although he was wrongly convicted, there is a checks and balances system in place that caught the problems.
Continue Reading

by

Two high school football players now face sexual battery charges after being arrested after school one day, The Florida Times-Union reports.

Jacksonville juveniles who are arrested is a tragedy because a conviction, and sometimes even just an arrest, can severely limit their potential. But it is important to note that an arrest isn’t a conviction and is no proof that a crime was committed.Teens’ brains aren’t as developed as adults’ brains and therefore they sometimes don’t fully understand and process consequences and other functions. This can go for the alleged perpetrators as well as the alleged victims. Especially in a Jacksonville sex crime, sometimes a broken heart, ex-girlfriend or boyfriend can make accusations of sexual assault or molestation that aren’t true as a form of payback.

This happens often in sex cases involving children because they don’t realize the damage that can be done when they make such allegations. But it can happen with teens, as well. That’s why an aggressive and experienced Jacksonville Criminal Defense Attorney must be brought in to defend against the allegations, which, in sex-based crimes, are always serious.

In this case, the two 17-year-old defendants are accused of assaulting a female student while they were watching a movie at her home after school in August, the Jacksonville Sheriff’s Office reports. One of the teens is also accused in a second alleged act in a vehicle hours after the first.

The female student told police that the two were at her house and they were watching a movie in her room when they allegedly took off her clothes and took turns assaulting her, despite her efforts to get them to stop.

In the second alleged incident, one of the teen suspects supposedly texted a girl a few hours after that incident and asked to meet him. She and another friend met he and one of his friends, where they got into a vehicle together. She told police that he began making sexual advances and assaulted her before she got out of the vehicle.

There are some things that don’t add up here or aren’t addressed in the news article. For one, it would be interesting to know when these alleged victims contacted police to report these incidents. In some cases, if the alleged victim waited some time, it could be inferred that they regretted having consensual sex or got in trouble with a parent and then made up the allegation to police.

In the incident in the vehicle, it will be interesting to see whether the stories of the four people inside a vehicle say happened. It’s difficult to envision a situation where a person, teenager or not, would attempt to commit a crime in front of three potential witnesses.

These questions, and many others, must be posed by an experienced Jacksonville Criminal Defense Attorney in the course of the defense’s investigation of the case. A defendant, juvenile or adult, must have solid representation in order to ensure they get a fair trial.
Continue Reading

by

A former police officer in Jacksonville now faces sex charges in Jacksonville after a Florida Department of Children & Families investigation and then police internal investigation.

News4Jax.com recently reported that the officer appeared in court.Sex crimes in Jacksonville are among the most difficult to defend against because they are so serious and will usually get intense media attention that can take away from the fairness of a defendant’s trial. An experienced and aggressive Jacksonville Criminal Defense Lawyer, however, can work not only to control the media but also defend the case in the courtroom.

According to the news report, the 25-year law enforcement veteran is scheduled for arraignment in a few weeks. He faces six counts of lewd and lascivious acts with a minor and one count of capital sexual battery on a minor. He faces up to life in prison, if convicted.

Two of the counts of lewd and lascivious acts were allegedly on a victim between 12 and 16, while the other four acts that he allegedly committed happened to a victim under 12, a police report states.

According to the news station, the man resigned from the sheriff’s office after his arrest.

Every case is different and must be assessed based on the individual facts. What charges police file upon arrest often change once a prosecutor reviews the case. Simply put, state attorneys know the law better than police and will charge what they think they can prove beyond a reasonable doubt, not just probable cause, the police officer’s standard of proof.

And an experienced Jacksonville Criminal Defense Attorney can be an advocate on behalf off the defendant from the very beginning, rather than once charges have been formally filed. Once that happens, the state is usually unwilling, or unable to change them.

As the case progresses through the court system, it’s important to take advantage of every opportunity that presents itself. That may come in the form of improper police work that can lead to excluding incriminating statements or evidence that wasn’t properly obtained or stored.

It also may mean using recent court cases in other, but binding jurisdictions that can lead to favorable rulings before the cases gets to trial or during trial. In some cases, though, a trial isn’t a smart move. If the evidence is too overwhelming, an experienced attorney can advocate for a plea deal that reduces the penalties — prison time, probation, restitution or all the above — and best benefit the client.

Some defendants believe what they see on TV — that during trial someone’s going to come storming in during testimony and shout “I know who REALLY did it” to the shock and surprise of all in attendance. That’s not going to happen, though.

An experienced lawyer knows how to review the case and determine what the best course of action is. It very well may be going to trial or it may be seeking a plea deal that allows the defendant to live life after prison. And strong pre-trial work, including shooting holes in witness testimony or showing contradictions to the state’s theory only makes that plea agreement more favorable to the defense. Simply waiting for an offer isn’t going to get it done. But a plea may be in the best interests of the client.
Continue Reading

by

The Florida Times-Union reports that an argument at a party recently in Jacksonville led to the stabbing death of a man.

Hiring an aggressive Jacksonville Criminal Defense Attorney should be the first step for anyone charged with a crime. It becomes even more crucial for someone charged with a crime of violence. Weapons charges in Jacksonville and throughout Florida are punished with harsh prison sentences for those convicted.According to the newspaper, law enforcement got a call around 3 a.m. one Saturday and arrived at the corner of North Jackson Avenue and Texas Street in Marietta. When they arrived they found a 21-year-old man inside a truck suffering from a stab wound.

The newspaper reports that the man in the truck backed 100 feet or so down a driveway and into a fence. Police say they don’t know if he was stabbed before he got into a vehicle or once he was already inside.

Later that night, a 20-year-old was charged in connection with the death. Investigators said a second person was taken to the hospital suffering injuries, but that person was treated and released. The article doesn’t state what charges the 20-year-old faces. Police say an argument broke out at a party and led to the stabbing.

In cases where there is a large crowd of people at a gathering, such as a party, witness credibility can sometimes be the core issue of a trial — and whether the person on trial is guilty or not guilty of the crimes.

An experienced Jacksonville defense attorney will question witnesses about what their state of mind was at the time of the event. At a party attended by adults, it’s highly likely that alcohol is being served. Sometimes, there are even drugs being used and abused. This leads to questionable witness testimony. The state knows it, the judge knows it and it’s the defense attorney’s job to make sure the jury knows it as well.

If there are a group of witnesses, it’s possible that there will be differing accounts about what actually transpired. One witness may say the victim started a fight and the suspect was simply acting in self defense. Another witness may say the complete opposite. It must also be noted that people attending a party together are likely friends or, at least, acquaintances. They have some level of bias and that can be brought out at trial, as well.

In cases where violence is being alleged, it’s also possible that people ran away and attempted to hide in order to avoid being a victim themselves. For those witnesses, they must be questioned as to how accurate their memory may be if they were attempting to get away. If they went into a different room or hid, how could they have seen what really happened?

An experienced Jacksonville Criminal Defense Attorney will question everything the state throws at a client accused of a crime. A defendant must be considered innocent until proven guilty.
Continue Reading

by

A man who works as a corrections officer for the Jacksonville Sheriff’s Office, who was arrested last December on firearm charges in Nassau County, has been suspended. According to an article in The Florida Times Union, Bailey Wilkerson III has been suspended from his work at the Duval County Jail for five days because he was arrested for Discharging a Firearm in Public Within 1000 Feet of Any Person and Using a Firearm While Under the Influence of Alcohol. Discharging a Firearm near another person is a second degree felony punishable by up to fifteen years in prison. Using a firearm while drunk is a second degree misdemeanor in Florida punishable by up to 60 days in jail.

In his Nassau County criminal case, Wilkerson was placed in the Felony Pretrial Intervention Program, also referred to as PTI. This is a diversion program that is offered in Duval County, Clay County and Nassau County. Typically, people who have no record and are arrested for a non-violent crime qualify for it. It is a type of unofficial probation. You are not technically on probation, but you must report on a regular basis, pay a fee and complete specific conditions. Once all conditions are met, all Florida criminal charges will be DROPPED.

To prove the crime of Discharging a Firearm in Public Within 1000 Feet of any Person in Nassau County, the state attorney must prove the following elements:

Continue Reading
Contact Information
5801 Philips Hwy, #A
Jacksonville, FL 32216
Phone: (904) 365-5200
Fax: (904) 365-5201

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, The Mussallem Law Firm, P.A.
JUSTIA Law Firm Blog Design