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        <title><![CDATA[Police - The Mussallem Law Firm, P.A.]]></title>
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        <description><![CDATA[The Mussallem Law Firm's Website]]></description>
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                <title><![CDATA[Jail Guard Arrested in Jacksonville on Drug Charges]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jail-guard-arrested-in-jacksonville-on-drug-charges/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/jail-guard-arrested-in-jacksonville-on-drug-charges/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Tue, 10 Nov 2020 14:38:56 GMT</pubDate>
                
                    <category><![CDATA[Drug Crimes in Jacksonville]]></category>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>A corrections officer in Duval County has been arrested on three felony charges. According to an article on News4Jax, the officer was arrested this past Sunday for Delivering or Distributing Methamphetamine, Delivering or Distributing Marijuana and Bringing Contraband into a County Detention Facility. All three charges are felonies in Florida. The meth charge is classified&hellip;</p>
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<p>A corrections officer in Duval County has been arrested on three felony charges.  According to an <a href="https://www.news4jax.com/news/local/2020/11/08/jacksonville-corrections-officer-accusing-of-bringing-drugs-into-jail/" rel="noopener noreferrer" target="_blank">article</a> on News4Jax, the officer was arrested this past Sunday for Delivering or Distributing Methamphetamine, Delivering or Distributing Marijuana and Bringing Contraband into a County Detention Facility.  All three charges are felonies in Florida.  The meth charge is classified as a second degree felony, punishable by up to fifteen years in prison and the other two are third degree felonies, punishable by up to five years in prison each.  The Jacksonville Sheriff’s Office received a tip that the officer may be smuggling the drugs into the <a href="https://www.jaxsheriff.org/Resources/Corrections-Facility.aspx" rel="noopener noreferrer" target="_blank">John E. Goode Pretrial Detention Facility</a>.  The corrections officer has been with JSO for four years and resigned his position after the arrest.  He was given relatively low bonds for Jacksonville, which are $7503 for both of the drug charges and $5003 for the contraband charge.</p>

<p>In Florida, if you sell, manufacture, or deliver a controlled substance, it is considered a felony.  The degree of felony depends on what exactly the controlled substance is.  Because methamphetamine is considered more dangerous, delivery of that drug is considered a higher felony than delivery of marijuana.  According to authorities, the Sheriff’s Office does not believe that the officer was “selling” the drugs, just being paid the smuggle them into the facility.  JSO is continuing it’s investigation by conducting interviews of inmates and fellow officers to try to find out how pervasive this issue is.</p>

<p>The third charge is introducing contraband into a corrections facility.  It is against Florida law to introduce contraband items into or possess in a county detention facility or give or receive contraband items from an inmate.  These items include money, food, tobacco products, intoxicating drinks, narcotics, hypnotics, nasal inhalers, sleeping pills, marijuana, guns and cell phones.  Anyone can be charged with this crime, including civilians, lawyers and law enforcement officers.  Speaking from experience, lawyers and civilians are searched before they can enter the facility.  We go through metal detectors and are subject to further search.  It is not clear what search procedures, if any, corrections officers go through before they begin their shift.  Since this arrest, security at the jail will most certainly be elevated.</p>

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

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                <title><![CDATA[Another Duval county police officer arrested – this time for grand theft]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/another-duval-county-police-officer-arrested-time-grand-theft/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/another-duval-county-police-officer-arrested-time-grand-theft/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Wed, 19 Jul 2017 15:57:58 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                    <category><![CDATA[Theft Crimes in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A Neptune Beach police officer has been arrested on the charge of grand theft in Jacksonville. According to a report on jacksonville.com, the officer was stealing money while searching citizen’s cars that he pulled over for traffic infractions. Police began suspecting the thefts after several people complained about missing money. An undercover investigation was conducted&hellip;</p>
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<p>A Neptune Beach police officer has been arrested on the charge of grand theft in Jacksonville.  According to a <a href="http://jacksonville.com/news/public-safety/2017-07-18/neptune-beach-police-officer-arrested-grand-theft-charge-following" rel="noopener noreferrer" target="_blank">report</a> on jacksonville.com, the officer was stealing money while searching citizen’s cars that he pulled over for traffic infractions.  Police began suspecting the thefts after several people complained about missing money.  An undercover investigation was conducted and the officer allegedly stole just over eight hundred dollars.  During a subsequent interview, the officer allegedly admitted to the thefts.  After being arrested, the officer went in front of a judge and a one thousand dollar Jacksonville bond was issued for his release.  The case is ongoing.</p>

<p>The crime of theft in Florida occurs when a person knowingly obtains or uses, or tries to obtain or use, the property of another person with the intent to either permanently or temporarily deprive the other person of the property or benefit from the property.  There are different levels of the crime of theft in Duval County, depending on the value of the property stolen.  If the value of the property us under three hundred dollars, the crime is a misdemeanor, punishable by a year or under in jail.  If the value of the property stolen is three hundred dollars or over, the theft becomes a felony, punishable by prison time.</p>

<p>If any kind of theft case, restitution is always considered by the State Attorney’s Office.  Restitution is the payment of lost value of something that was taken from a victim.  When any person is arrested for a theft, the prosecutor assigned to the case makes contact with the alleged victim to find out how much money it will take to make that person whole.  Once that amount is determined, paying that amount is always part of a negotiated disposition in the criminal case.  Placing a defendant on probation to pay the money is a way to enforce the payment.  Prosecutors can also file a restitution order with the court, which is a document that enforces the payment of restitution civilly.  In this case with the police officer, restitution to the victims will surely be part of the case.</p>

<p>When a person has been arrested for a theft charge with no criminal history, a diversion program is an option.  Diversion programs, for the most part, are at the discretion of the prosecutor assigned to the case and allow a case to be dropped once completed.  That is why it is vital to consult with an experienced criminal defense attorney as soon as possible after the arrest.  Before the decision to file the charge(s) is made, a criminal defense lawyer can meet with the prosecutor presenting additional evidence and mitigating information.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> 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.</p>

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                <title><![CDATA[Police officer arrested for domestic battery in St. Johns County]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/police-officer-arrested-domestic-battery-st-johns-county/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Thu, 13 Jul 2017 16:15:17 GMT</pubDate>
                
                    <category><![CDATA[Domestic Battery in Jacksonville]]></category>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>A St. Johns County police deputy was recently arrested. According to an article in the St. Augustine Record, the officer was arrested for domestic battery, which is a first degree misdemeanor in Florida. The deputy allegedly hit a woman in the face at his house. His St. Johns County bond was set at $500.00 and&hellip;</p>
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<p>A St. Johns County police deputy was recently arrested.  According to an <a href="http://staugustine.com/news/local-news/2017-07-07/st-johns-county-deputy-arrested-domestic-violence-charges" rel="noopener noreferrer" target="_blank">article</a> in the St. Augustine Record, the officer was arrested for domestic battery, which is a first degree misdemeanor in Florida.  The deputy allegedly hit a woman in the face at his house.  His St. Johns County bond was set at $500.00 and he has been released.</p>

<p>In Jacksonville and all over Florida, a battery is committed when someone intentionally touches or strikes the victim against his or her will or intentionally causes bodily harm to another person.  The battery becomes “domestic” when the victim is a family or household member.  This includes spouses, ex-spouses, blood relatives, people who have children in common and people who reside together as if a family or who have lived together as a family sometime in the past.  A simple battery, without the domestic part, is a misdemeanor charge, punishable by up to a year in jail.  When the charge becomes domestic, punishments can be more severe.  The court may impose mandatory jail time and the defendant may have to complete a twenty-four class batterers’ intervention program.  This is an intense program that is completed while the defendant is on domestic battery probation in Florida.  If there is a violation of probation, the defendant can be placed back in jail to address the violation.</p>

<p>In addition to simple and domestic battery, there are also higher levels of battery in Florida.  A person commits an Aggravated Battery when they intentionally committed a battery and in the process, caused great bodily harm or permanent disability to the victim or used a deadly weapon.  The elevated battery charge becomes a felony, punishable by prison time.  If the victim of a battery is pregnant, this also converts the misdemeanor battery to a felony.  If a person has been convicted of prior misdemeanor battery charges, the State Attorney’s Office may charge any subsequent battery charge as a felony in Florida.</p>

<p>As in any criminal case, prosecutors have a lot of discretion in what they choose to file and what the choose to drop.  It is so important to consult with an experienced criminal defense attorney immediately after arrest.  The attorney can meet with the prosecutor assigned to the case and present mitigating information prior to a decision being made.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Domestic Battery Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Police officer under scrutiny for stopping citizen for “crossing a crosswalk on a red hand” in Jacksonville]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/police-officer-scrutiny-stopping-citizen-crossing-crosswalk-red-hand-jacksonville/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Tue, 27 Jun 2017 16:23:43 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>A Jacksonville Sheriff’s officer’s actions are being evaluated after detaining a young man for jaywalking and threatening to put him in jail. According to an article in the Florida Times Union, the man did not obey a walk signal and the officer detained him. After being stopped, the man began to record the interaction on&hellip;</p>
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<p>A Jacksonville Sheriff’s officer’s actions are being evaluated after detaining a young man for jaywalking and threatening to put him in jail.  According to an <a href="http://jacksonville.com/news/public-safety/2017-06-26/video-shows-jacksonville-cop-threatening-young-black-man-jail-after" rel="noopener noreferrer" target="_blank">article</a> in the Florida Times Union, the man did not obey a walk signal and the officer detained him.  After being stopped, the man began to record the interaction on his cell phone.  At first, the man did not go to the officer’s car as directed because he did not know what crime/infraction he committed.  When he did not listen right away, the officer threatened to arrest the man for resisting without violence, which is a first degree misdemeanor in Jacksonville.  The man eventually complied and was issued a citation for jaywalking and for not having a Florida ID card or a driver’s license on his person.  Once released, the man posted the video interaction with the officer on social media.</p>

<p>Crossing the street on a red hand is a civil infraction and you can be issued a ticket.  The problem is that the jaywalking law can be selectively enforced in Jacksonville.  It gives officers probable cause to stop or detain a citizen for a period of time.  Very often, in certain neighborhoods, people are stopped for jaywalking, blocking the sidewalk, or riding a bicycle without a light.  Once stopped, officers can say they observe a bulge resembling a weapon on the person, justifying a pat down search.  If they find no weapon, but do find drugs, that person is going to be arrested for possession of a controlled substance in Duval County, which is a felony.  But for the civil infraction, it would be illegal for the police to stop and search that person.</p>

<p>When an officer has the legal right to detain you, you cannot just walk away.  Resisting an officer without violence is a first degree misdemeanor in Florida, punishable by up to one year in jail.  In order to be convicted of resisting in Jacksonville, the state attorney’s office must prove that the person resisted, obstructed or opposed the officer who, at the time, was engaged in the execution of legal process or the lawful execution of a legal duty.  For example, if a police officer is dealing with a situation and an onlooker intervenes, they can be arrested for this crime if the officer claims their intervention impeded the investigation.  Even talking can be interpreted as resisting.</p>

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

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                <title><![CDATA[Wrong person released from Clay County jail]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/wrong-person-released-clay-county-jail/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 13 Jan 2017 16:06:34 GMT</pubDate>
                
                    <category><![CDATA[Bonds and Bail in Jacksonville]]></category>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>The wrong woman was released from the Clay County Jail last week. According to an article on Jacksonville.com, Jessica Davis’ family posted her bond for her to be released while her misdemeanor simple battery case is pending. Instead of being released once the bond was processed, Clay County released another woman, Jessica Arnott. Arnott was&hellip;</p>
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                <content:encoded><![CDATA[

<p>The wrong woman was released from the Clay County Jail last week.  According to an <a href="http://jacksonville.com/news/2017-01-10/clay-county-jail-mix-allows-inmate-escape-mother-finds-her-wearing-daughter-s" rel="noopener noreferrer" target="_blank">article</a> on Jacksonville.com, Jessica Davis’ family posted her bond for her to be released while her misdemeanor simple battery case is pending.  Instead of being released once the bond was processed, Clay County released another woman, Jessica Arnott.  Arnott was being held in jail on a pending felony aggravated battery charge in Clay County.   The right Jessica was eventually released to her family and the other Jessica was returned to the jail.  Jessica Arnott now faces an additional charge of Escape.  Escape is a second degree felony punishable by up to fifteen years in prison.</p>

<p>When you are arrested in Clay County or anywhere in Florida, you are entitled to be seen by a judge within twenty-four hours.  In some cases, you will get issued a bond prior to going to that first appearance.  These pre-first appearance bonds are reserved for minor crimes, such as petit theft and misdemeanor criminal mischief.  For the most part, the judge in first appearance court will issue a bond, depending on the charge.  There are two considerations judges take into account to set appearance bonds.  The first is whether or not the person is a danger to the community and the second is whether or not the person is a flight risk.  Judges will obviously look at the current allegations against the defendant to determine the level, if any, of danger the arrested person poses to the community at large.  They will also look at the person’s ties to the community and previous arrest record.</p>

<p>Once a bond is set, there are two ways to post it.  You can post the whole amount with the Sheriff’s Office and that amount will be returned when the case is disposed of.  The great majority of people utilize a bondsman.  Most bondsman take 10% of the bond amount and demand collateral to cover the rest.  Bondsmen essentially provide an insurance policy to ensure your appearance in court.  When the bond is posted, the jail runs checks to make sure you don’t have any outstanding warrants or capias’.  If you have nothing holding you, you will be released on the condition your return for your court dates.</p>

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

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                <title><![CDATA[JSO officer charged with theft charges, but will not face sex charges in Duval County]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jso-officer-charged-theft-charges-will-not-face-sex-charges-duval-county/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Tue, 03 May 2016 12:16:46 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                    <category><![CDATA[Sex Crimes in Jacksonville]]></category>
                
                    <category><![CDATA[Theft Crimes in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A Jacksonville police officer is facing several criminal charges stemming from separate alleged incidents. According to a report in the Florida Times Union, the officer of fourteen years is charged with grand theft, petit theft and official misconduct in Duval County. Those charges are pending after allegations that the officer was paid for time he&hellip;</p>
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<p>A Jacksonville police officer is facing several criminal charges stemming from separate alleged incidents.  According to a <a href="http://jacksonville.com/news/crime/2016-05-02/story/jacksonville-officer-avoids-charges-over-sex-prostitutes-while-uniform" rel="noopener noreferrer" target="_blank">report</a> in the Florida Times Union, the officer of fourteen years is charged with grand theft, petit theft and official misconduct in Duval County.  Those charges are pending after allegations that the officer was paid for time he did not work in off-duty jobs.  Official misconduct and grand theft are both third degree felonies punishable by up to five years in prison each and the petit theft is a first degree misdemeanor.  The State Attorney’s Office has not made a decision about filing those charges.  There is another allegation of sexual battery in Jacksonville that the prosecutor on the case has made a decision on.  The officer was accused of paying prostitutes to have sex with him while on duty.  One woman told police she was forced to have sex with the police officer, which is considered a sexual battery in Florida.  The State Attorney’s Office has decided not to file this charge because there is no reasonable probability of conviction.</p>

<p>When someone is arrested for any crime, the prosecutor’s office in that county has to make a decision on whether or not to file the charge.  In order for the police to make an arrest in Jacksonville, they must have “probable cause”.  This means, more likely than not, the accused committed a crime.  Once the case lands on a prosecutor’s desk, that prosecutor must decide whether or not they can prove the case beyond all reasonable doubt, which is a much higher standard than an arrest.  When someone is arrested for a felony in Duval County, which all sex charges are, the prosecutor’s office has a period of time to make a decision about what to do.  They can file the felony case as charged, drop the case if there is not enough evidence, or file the case as a misdemeanor.  Assistant state attorneys have a lot of discretion when deciding what to do and that is why it is so important to hire an experienced criminal attorney.  The Jacksonville criminal attorney can gather evidence and meet with the prosecutor to present your side prior to any charges being filed.</p>

<p>A sexual battery in Florida is defined as oral, anal or vaginal penetration, or union with, the sexual organ of another person or an object without the victim’s consent.  Consent is defined as knowing and voluntary, not coerced.  There are also different levels of sexual battery in Jacksonville.  If the accused sexually battered a victim without violence or physical force, the crime is considered a second degree felony, punishable by up to fifteen years in prison and a lifetime of being labeled a sex offender.  If the accused used violence or if the victim was physically incapacitated at the time, the sex crime is elevated to a first degree felony.  “Physically incapacitated” can mean asleep or even drunk, which is obviously subject to interpretation.  Often times, rape cases come down to a he said, she said.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Jacksonville police officer terminated after battering a handcuffed woman]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-police-officer-terminated-battering-handcuffed-woman/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-police-officer-terminated-battering-handcuffed-woman/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 29 Apr 2016 19:18:03 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>A Jacksonville Sheriff’s Office police officer has been fired after being arrested for beating a woman in custody, according to an article in the Florida Times Union. The officer was at the base of the jail in the intake area with the woman who he arrested. That area, as well as other areas in the&hellip;</p>
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                <content:encoded><![CDATA[

<p>A Jacksonville Sheriff’s Office police officer has been fired after being arrested for beating a woman in custody, according to an <a href="http://jacksonville.com/news/crime/2016-04-28/story/jacksonville-sheriffs-office-fires-rookie-cop-after-he-beats-handcuffed" rel="noopener noreferrer" target="_blank">article</a> in the Florida Times Union.  The officer was at the base of the jail in the intake area with the woman who he arrested.  That area, as well as other areas in the jail, is video monitored.  The officer was surrounded by three other officers, who did nothing, as the woman was hit repeatedly while restrained.  The officer was arrested for misdemeanor battery in Jacksonville.</p>

<p>In Florida, a simple misdemeanor battery is defined as an intentional touching against someone’s will or intentionally hurting someone.  Even a touch on the shoulder could be considered a battery in Jacksonville if unwanted.  If the victim of the battery is pregnant, the crime is elevated to a third degree felony punishable by up to five years in prison.  A simple battery can also be converted to a felony if there is great bodily injury caused by the touching.  Also, if there is a deadly weapon used to injure someone, it is considered a felony in Duval County.  The fired officer will have to face a county judge with his pending case.</p>

<p>Police officers are taught how to handle a “hostile” person in their custody.  There are many ways to restrain an already restrained person that poses little physical threat to the officer.  Presumably, that is why the man was arrested.  The sheriff’s office chose not to discipline the three male police officers who just stood and watched the rogue officer lose his temper on this woman.  The office claims that it is not a crime to witness a beating.  That statement is true in the civilian world, but aren’t police officers held to a higher standard when they witness a crime less than four feet in front of them? Don’t police officers have a duty to protect the community, which this woman is a part of, from present harm.  Harm they knew was illegal as evidenced by them reporting the incident “almost instantaneously”, according to the JSO.</p>

<p>Law enforcement officers place themselves at great risk in their day to day work environment, and communities should express gratitude for the protection they provide.  Officers also possess a great amount of power over citizens and that power should only be given to people with the right temperament.</p>

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

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                <title><![CDATA[Man who allegedly fled police in Baker County ends up bitten]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/man-allegedly-fled-police-baker-county-ends-bitten/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/man-allegedly-fled-police-baker-county-ends-bitten/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Wed, 06 Apr 2016 17:48:23 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>In Baker County this week, a man was arrested for fleeing police and for kicking a police dog, according to an article in the Florida Times Union. Officers claim that the man drove over 100 miles per hour while fleeing them. Police also allege that the man intentionally drove his car at the them, which&hellip;</p>
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<p>In Baker County this week, a man was arrested for fleeing police and for kicking a police dog, according to an <a href="http://jacksonville.com/news/crime/2016-04-04/story/suspect-arrested-after-chase-kicking-canine-and-officers" rel="noopener noreferrer" target="_blank">article</a> in the Florida Times Union.  Officers claim that the man drove over 100 miles per hour while fleeing them.  Police also allege that the man intentionally drove his car at the them, which led to the added charge of aggravated assault with a deadly weapon.  Once the car hit a tree, the man allegedly refused to exit the vehicle.  Police sent in a canine and the man allegedly kicked and hit at the dog.  The man was treated for injuries at a local hospital and medical staff apparently found a handcuff key up his anus.</p>

<p>The man now faces numerous felonies in Baker County.  The first is an aggravated assault with a deadly weapon.  This crime is a third degree felony punishable by up to five years in prison.  A car is considered a deadly weapon and when used to threaten someone with violence, it becomes “aggravated”  Simple assault in Florida is the intentional and unlawful threat, by word or act, to do violence to another person while having the ability to carry out that violence.  The victim of the assault must have a well-founded fear that the violence may occur.  In this case, the man was driving the car and “drove at” the police officer.  The officer is going to claim that he or she was in fear that they were about to get injured with the vehicle.</p>

<p>The man also was charged with battery on a law enforcement officer, which is also a third degree felony in Florida.  Many people may not know that a K-9 officer is considered a law enforcement officer, just as a human.  Battery is defined as intentionally touching someone against their will or intentionally injuring someone.  A simple battery becomes a felony when the victim is law enforcement.</p>

<p>The man also faces a charge of possession of a handcuff key, which is a felony, believe it or not.  In the state of Florida, you cannot possess a concealed handcuff key.  A handcuff key is a key, tool, or device designed or intended to help with unlocking handcuffs.  In order to be considered “concealed” the key can be in a carried in a pocket, on a necklace or other jewelry, in socks or any clothing item not visible, or inside a body cavity.  In this case, police claim the man hid the key up his anus.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Aggravated Assault Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Jacksonville corrections officer arrested, accused of being paid to smuggle cigarettes and porn to an inmate]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-corrections-officer-arrested-accused-of-being-paid-to-smuggle-cigarettes-and-porn-to-an-inmate/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-corrections-officer-arrested-accused-of-being-paid-to-smuggle-cigarettes-and-porn-to-an-inmate/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Wed, 18 Nov 2015 17:32:14 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>Police arrested a Jacksonville corrections officer this month, following a tip that he received money to smuggle items into the jail for an inmate. The investigation began with a tip in August and is still ongoing, according to a report in the Florida Times-Union. The corrections officer is accused of meeting a woman to get&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Police arrested a Jacksonville corrections officer this month, following a tip that he received money to smuggle items into the jail for an inmate.  The investigation began with a tip in August and is still ongoing, according to a <a href="http://jacksonville.com/news/crime/2015-11-12/story/jacksonville-corrections-officers-arrested-jail-contraband-case" rel="noopener noreferrer" target="_blank">report</a> in the Florida Times-Union. The corrections officer is accused of meeting a woman to get cigarettes and pornographic magazines to be delivered – and receiving payment to make the delivery, the newspaper reported. Neither cigarettes nor pornography are permitted in the county jail and would be considered contraband. The corrections officer is charged with introducing or smuggling contraband into a detention facility, as well as conspiracy to introduce contraband to a detention facility. Because of the type of contraband, both charges are third-degree felonies with a maximum penalty of up to five years in state prison on each count.</p>

<p>The charges can be elevated in this Jacksonville Felony Case, depending on what the person is accused of bringing into a jail. For example, if the contraband were to be drugs, a weapon or a communications device such as a cell phone, the charge can be a second-degree felony. A second-degree felony is punishable by up to 15 years in state prison. Police did not identify the inmate or what he was initially charged with – though authorities did say it is a serious charge, the newspaper reported. The inmate was not been charged related to the contraband, nor has the woman accused of paying the corrections officer to deliver the items.  The corrections officer has been with the department almost three years and the tip to police came from an inmate, the newspaper reported. Police officers can get arrested and get in trouble just like anyone else and, in Jacksonville DUI Cases or others that sometimes occur, they can end facing discipline but still keeping their jobs. This Jacksonville Felony Case differs somewhat because the officer is accused of using his position of authority at the jail and profiting from it. The other main factor is the charge is a felony, and most law enforcement agencies do not allow convicted felons to be sworn officers. It’s also not beyond the realm of possibility to think the officer will get a stricter sentence from the judge based on his positon than the inmate would have had he snuck in the cigarettes and the magazines – or even if the girl involved did the same.</p>

<p>Our Jacksonville Criminal Defense Attorney represents people charged with all types of crimes – from misdemeanor theft and battery charges on up to serious drug and gun crimes. Our Jacksonville Felony Attorney will fully investigate the crime against you or your loved one so you can make an informed decision going forward.</p>

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

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                <title><![CDATA[Jacksonville man arrested four months after escaping from custody]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-man-arrested-four-months-after-escaping-from-custody/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-man-arrested-four-months-after-escaping-from-custody/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Tue, 20 Oct 2015 15:58:05 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>A Jacksonville man who escaped while serving a nine-month sentence is now facing decades in state prison. The man was reported as escaping in June, according to a report in the Florida Times-Union. The man was finally captured after trying to flee from police during a traffic stop this month and is now facing multiple&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>A Jacksonville man who escaped while serving a nine-month sentence is now facing decades in state prison.  The man was reported as escaping in June, according to a <a href="http://jacksonville.com/news/crime/2015-10-08/story/jso-escaped-fugitive-no-longer-run" rel="noopener noreferrer" target="_blank">report</a> in the Florida Times-Union. The man was finally captured after trying to flee from police during a traffic stop this month and is now facing multiple felony charges, the newspaper reported. The defendant ran from the vehicle and was caught on foot, the newspaper reported. For his alleged actions in leaving the detention facility in June, he is charged with escape, a second-degree felony with a maximum penalty of up to 15 years in state prison.</p>

<p>For the chase after the attempted traffic stop, the man is charged with fleeing and eluding a law enforcement officer, resisting an officer without violence, reckless driving and driving on the wrong side of the road. Fleeing and eluding can be a number of different felony degrees, depending on the circumstances of the chase. In this Jacksonville Fleeing Case, it is charged as a second-degree felony because the driver is accused of driving at a high rate of speed, or “in a manner which demonstrates a wanton disregard for the safety of persons or property,” as described in Florida law. This second-degree felony has a maximum penalty of 15 years in state prison. Resisting an officer without violence is a first-degree misdemeanor punishable by a year in the county jail and reckless driving is a second-degree misdemeanor with a maximum penalty of six months in the county jail. Driving on the wrong side of the road is a civil traffic ticket.</p>

<p>The man was initially in jail after pleading guilty to battery and possession of marijuana – two relatively minor misdemeanors. Now, the man is looking at two felonies and a total of 30 years in prison should the judge choose to sentence him to the maximum on both counts and run the sentences consecutively. That is unlikely in this Jacksonville Felony Case, but escaping and then running from police again does not help defendants when it comes to getting the benefit of the doubt from a judge. Felony charges can add up quickly when a person flees from police and, in general, the punishment can be limited if a person simply complies with police. That doesn’t mean a defendant should speak with police – everyone has a right to remain silent. But running from police can simply increase the charges – and the severity of those charges.  Our Jacksonville Felony Attorney represents people charges with all types of crimes and will thoroughly investigate the case against you or your loved one so you can make an informed decision on how to proceed.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Felony Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Jacksonville police officer accused of bringing a woman pills, arrested on drug and battery charges]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-police-officer-accused-of-bringing-a-woman-pills-arrested-on-drug-and-battery-charges/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-police-officer-accused-of-bringing-a-woman-pills-arrested-on-drug-and-battery-charges/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Mon, 22 Jun 2015 13:18:31 GMT</pubDate>
                
                    <category><![CDATA[Drug Crimes in Jacksonville]]></category>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>A Jacksonville police officer was arrested this month on felony drug charges, accused of bringing pills to an acquaintance who said she was in pain. The woman sent the officer a text message asking for pills and the officer brought her a bag with six pills, according to a report in the Florida Times-Union. The&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>A Jacksonville police officer was arrested this month on felony drug charges, accused of bringing pills to an acquaintance who said she was in pain.  The woman sent the officer a text message asking for pills and the officer brought her a bag with six pills, according to a <a href="http://jacksonville.com/news/crime/2015-06-18/story/jacksonville-patrol-officer-arrested-thursday-battery-drug-charges" rel="noopener noreferrer" target="_blank">report</a> in the Florida Times-Union. The pills were painkillers and a muscle relaxer – and all but one would need a prescription, the newspaper reported. The officer is also accused of making sexual advances on the woman but she told him to stop, the newspaper reported. In all, he is facing two different felony charges for sale or delivery of a controlled substance, as well as a battery for touching the woman, the newspaper reported.</p>

<p>Police said there was not enough evidence to charge the man with sexual battery but, because a battery is any unwanted touching, that’s what he was charged with. That charge is a misdemeanor with a maximum penalty of one year in the county jail. The drug charges are the real problem – both are second-degree felonies with a maximum penalty of 15 years in state prison on each count. Not only do felonies open up the possibility of state prison, for law enforcement officers it can mean the end of their career. Most police agencies will not allow someone to be a sworn officer if they have been convicted of or have pleaded to a felony. The officer is now on leave without pay while the Jacksonville Drug Crime investigation is completed. If the officer had prescriptions for the medication, that could make a big difference in the state’s willingness to discuss a plea agreement to something other than a felony.</p>

<p>The facts of the case, as they have been presented in the media, sound pretty thin. The woman did reach out to the officer for the pills and appears to have been offended by the sexual advances and then called police. The officer was arrested two days later and has not been back to work since. When it comes to the felony drug charges, the charge is the same whether someone sells prescription drugs or gives them to someone for free. The difference could come in sentencing, but the law treats both actions the same. This is where the discretion of prosecutors comes into play with the hope that not every Jacksonville Drug Crimes Case is treated exactly the same.  Our Jacksonville Drug Crimes Attorney represents people accused of all types of drug crimes, from sale or delivery on down to possession. Our Jacksonville Criminal Defense Attorney will thoroughly investigate the case against you or your loved one, and give you the information needed to make the best decision on how to proceed.</p>

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

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                <title><![CDATA[Nassau County police officer fired, arrested on felony drug charges]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/nassau-county-police-officer-fired-arrested-on-felony-drug-charges/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/nassau-county-police-officer-fired-arrested-on-felony-drug-charges/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Tue, 16 Jun 2015 16:26:22 GMT</pubDate>
                
                    <category><![CDATA[Drug Crimes in Jacksonville]]></category>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>Nassau County Sheriff’s Office officials fired an officer and charged him with felony drug charges the same day. The investigation is ongoing, but police said they learned the man was selling prescription medication and they had what they needed to fire him, according to a report in the Florida Times-Union. The man is charged with&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Nassau County Sheriff’s Office officials fired an officer and charged him with felony drug charges the same day.  The investigation is ongoing, but police said they learned the man was selling prescription medication and they had what they needed to fire him, according to a <a href="http://jacksonville.com/news/crime/2015-06-09/story/nassau-county-sheriffs-office-fires-deputy-tuesday-night-charges-him" rel="noopener noreferrer" target="_blank">report</a> in the Florida Times-Union. The man is charged with conspiracy to trafficking hydrocodone and with selling a controlled substance within 1,000 feet of a church or a school, the newspaper reported. Both are serious felony charges in this Nassau County Drug Crimes Case. Trafficking in hydrocodone is a first-degree felony punishable by up to 30 years in prison, and has a minimum mandatory sentence of at least three years in state prison, depending on the amount the person is accused of having. The charge for selling a controlled substance is a second-degree felony with a maximum penalty of 15 years in state prison.</p>

<p>And while the two charges in this Nassau County Drug Crimes Case are obviously related, they are not as intertwined as one might presume. Drug trafficking charges are based on the amount of the drug a person has and have nothing to do with whether the person is physically selling drugs. Trafficking charges themselves – and least from the outset – can be much more common in cases involving hydrocodone and other pills because the threshold is so low. Trafficking charges involving hydrocodone start at just 14 grams. For example, Nassau County Drug Crimes Cases involving marijuana are misdemeanors until the amount is 20 grams and trafficking charges don’t kick in until the defendant has 250 POUNDS of marijuana. Depending on how much the person is accused of having, and the amount was not specified in this Nassau County Drug Crimes Case, there are minimum mandatory sentences. For example, if the person is charged with having between 14 and 28 grams, the minimum mandatory sentence is three years. If the amount is between 28 and 50 grams, the minimum sentence is seven years, and it increases to 15 years when the amount is between 50 and 200 grams.</p>

<p>So the actual sale of the drugs carries less of a punishment than the possession, because of the amount. But the sale is likely the biggest issue in firing the officer immediately. Right or wrong, police are held to different standards, and having an officer selling drugs is not going to go over well. The charges in this Nassau County Drug Case may change as the investigation moves on, but the arrest and public release of the facts seem to be a little earlier than normal because of the fact the suspect was an active police officer.  Our Nassau County Drug Crimes Attorney has represented people accused of all levels of drug crimes, accused of having a variety of different substances and will fully investigate the case against you or your loved one so you can make the best decision going forward.</p>

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

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                <title><![CDATA[Clay County student charged with misdemeanor, accused of filing false police reports]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/clay-county-student-charged-with-misdemeanor-accused-of-filing-false-police-reports/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/clay-county-student-charged-with-misdemeanor-accused-of-filing-false-police-reports/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Tue, 02 Jun 2015 14:50:11 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>A girl who claimed to have been pulled over by people pretending to be police officers has been arrested, accused of making the entire story up. The high school student, 18, is now charged with filing a false police report, according to a report in the Florida Times-Union. The charge is a first-degree misdemeanor, punishable&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>A girl who claimed to have been pulled over by people pretending to be police officers has been arrested, accused of making the entire story up.  The high school student, 18, is now charged with filing a false police report, according to a <a href="http://jacksonville.com/news/crime/2015-05-28/story/fleming-island-student-charged-filing-false-report-being-targeted-police" rel="noopener noreferrer" target="_blank">report</a> in the Florida Times-Union. The charge is a first-degree misdemeanor, punishable by up to one year in the county jail. Even though she is still in high school, because she is 18 her case will go through adult court and not juvenile court. Clay County Criminal Cases can only be handled in juvenile court if the defendant is 17 years old or younger. The state can choose to charge younger people as adults, but the system does not work in reverse, even if the defendant is in high school.</p>

<p>Police said the girl called police about being stopped by two men who had flashing police lights and then tried to get into her car, the newspaper reported. Police investigated the case and continued to ask questions of the girl, who stuck by her story, the newspaper reported. Eventually, at the last of the series of interviews, police said the girl admitted the story was false and shared what really happened, the newspaper reported.</p>

<p>In Clay County Misdemeanor Cases like this, part of the motivation for police in publicizing the case is to let people know there are consequences for lying to police and wasting taxpayers’ time and resources investigating false claims. While the maximum penalty for the Clay County Misdemeanor Case the woman is charged with is the year in county jail mentioned above, that shouldn’t be what to look for in terms of the sentencing. In Clay County Misdemeanors Cases such as this, prosecutors are typically more interested in a sentence that has a form of punishment and also helps make the police department whole for the investigations. Options may be some form of community service, combined with repaying the sheriff’s office for all or part of the tax dollars spent during the investigation.  These types of sentences are common in Clay County Misdemeanor Cases, especially those that involve atypical cases and people who may not have a long history of criminal conduct. Our Clay County Criminal Defense Attorney has represented hundreds of people on misdemeanor cases and knows the types of negotiated sentences that both work for the state and allow the defendant to accept responsibility, complete the assigned punishment and move on with his or her life.</p>

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

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                <title><![CDATA[Jacksonville police officer charged with theft and official misconduct after accusations of lying about off-duty work]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-police-officer-charged-with-theft-and-official-misconduct-after-accusations-of-lying-about-off-duty-work/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-police-officer-charged-with-theft-and-official-misconduct-after-accusations-of-lying-about-off-duty-work/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Sun, 05 Apr 2015 12:42:21 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                    <category><![CDATA[Theft Crimes in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A Jacksonville police officer is now facing two charges – including one felony – in connection with allegedly lying about how many hours she worked in an off-duty role. Investigators had been watching the officer for more than a month and found she only worked about 15 of the 24 hours she was reporting for&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>A Jacksonville police officer is now facing two charges – including one felony – in connection with allegedly lying about how many hours she worked in an off-duty role.  Investigators had been watching the officer for more than a month and found she only worked about 15 of the 24 hours she was reporting for her off-duty role providing security at an apartment complex, according to a <a href="http://jacksonville.com/news/crime/2015-03-26/story/jacksonville-police-officer-accused-leaving-work-early-arrested-charges" rel="noopener noreferrer" target="_blank">report</a> in the Florida Times-Union. The problem is, the officer filled out paperwork to indicate she worked all of the hours, but instead was leaving early or arriving late, the newspaper reported.</p>

<p>The officer is charged with official misconduct and petit theft. The official misconduct charge is the one to worry about. The charge is a third-degree felony, punishable by up to five years in state prison. More importantly, pleading guilty to or being convicted of a felony can have a crippling effect on her law enforcement career, as many agencies have specific policies against hiring people with a felony on his or her criminal record. The theft charge is a second-degree misdemeanor, which could include some county jail time, but rarely does.</p>

<p>Jacksonville police officers are allowed to use their patrol car and uniform when they work off-duty security jobs, such as the one the defendant was working at a local apartment complex. In exchange for the use of the uniform and car, the sheriff’s office must approve all of the off-duty work and employees must report their time. When Jacksonville Theft Cases like this occur, they are usually the result of a tip from the agency to police, though it is not clear how the investigation began in this case. In this Jacksonville Theft Case, the officer offered to go on unpaid leave until the criminal investigation is complete, the newspaper reported. Once the criminal case is over, police will conduct their own internal investigation to look at discipline for the officer. In many cases, the internal discipline can be more severe and have a greater impact on the employee than the criminal charges.</p>

<p>Jacksonville Theft Cases involving employees likely happen every day and don’t receive headlines. In this case, the amount of money allegedly stolen was less than $300. But in this case, it is a police officer lying about employment – which always earns attention from the media. There are certain balances people must make in handling a criminal case and making sure it is isn’t something that puts their career in even more jeopardy. Our Jacksonville Theft Attorney can help navigate that balance and look for a solution that minimizes both the criminal and employment consequences in your Jacksonville Felony Case.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> 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.</p>

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                <title><![CDATA[Clay County Sheriff’s Office pays settlement to another innocent person wrongly jailed, accused of serious felony]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/clay-county-sheriffs-office-pays-settlement-to-another-innocent-person-wrongly-jailed-accused-of-ser/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/clay-county-sheriffs-office-pays-settlement-to-another-innocent-person-wrongly-jailed-accused-of-ser/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 26 Dec 2014 09:24:16 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>For the second time this year, the Clay County Sheriff’s Office has paid tens of thousands of dollars to a person who had the same name as a suspect, but was still held in jail for a crime he or she did not commit. The second settlement was announced this month, as police paid $50,000&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>For the second time this year, the Clay County Sheriff’s Office has paid tens of thousands of dollars to a person who had the same name as a suspect, but was still held in jail for a crime he or she did not commit.  The second settlement was announced this month, as police paid $50,000 after a teen sued following a month in jail accused of sexual battery on a child younger than 12, according to a <a>report</a> in the Florida Times-Union. Police were looking for another teen with the same name at the same high school, but did not show the alleged victim a photo of the person they arrested before they locked him up, the newspaper reported. Earlier this year, the sheriff’s office settled another suit, paying $67,000 to a woman who was extradited from Louisiana on a charge and was falsely arrested twice, the newspaper reported. She, too, had the same name of a person who was wanted on various felony charges.</p>

<p>The two incidents were several months apart and led to suspensions for five officers and new policies that verify the identity of suspects that are arrested, the newspaper reported. The incidents underscore the importance of the multiple layers and balances in our criminal justice system. Although there is a constant rush to judgment once a person is arrested, mistakes happen. Unfortunately, as was the case here, once a person is arrested, it almost becomes up to the defendant and his or her Clay County Criminal Defense Attorney to prove innocence in order to be set free. The foundation of our system is that a person is innocent until proven guilty. But so often, that is applied at trial and the months that lead up to it are not taken into consideration.</p>

<p>In the Clay County Sex Crime Case involving the teen, the sheriff requested that that teen’s record be immediately expunged so there is no sign of an arrest on his criminal record. That can be the most difficult piece of a wrongful arrest – getting potential employers or others who do a background check to look past the arrest.  Whenever you or a loved one is being questioned by police about a crime, it is important to speak with a Clay County Criminal Defense Attorney. It’s human nature to want to talk to the police and explain yourself – especially if you are wrongly accused. But an experienced Clay County Criminal Defense Attorney can help you navigate the system and potentially limit jail time and even avoid charges when police have the wrong person.</p>

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

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                <title><![CDATA[Federal lawsuit claims reckless work of Jacksonville Sheriff’s Office led to several false arrests]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/federal-lawsuit-claims-reckless-work-of-jacksonville-sheriffs-office-led-to-several-false-arrests/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/federal-lawsuit-claims-reckless-work-of-jacksonville-sheriffs-office-led-to-several-false-arrests/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 19 Sep 2014 10:13:53 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>Several people banded together to file a federal lawsuit against the Jacksonville Sheriff’s Office this month, each with a story of how they say sloppy police work led to their arrest for a crime they did not commit. In each instance, the person claims that if simple, routine steps would have been followed by police,&hellip;</p>
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<p>Several people banded together to file a federal lawsuit against the Jacksonville Sheriff’s Office this month, each with a story of how they say sloppy police work led to their arrest for a crime they did not commit.  In each instance, the person claims that if simple, routine steps would have been followed by police, detectives would have been able to clearly see they had the wrong person, according to a <a>report</a> in the Florida Times-Union. The arrests occurred over the past two years and one man spent nine months in jail trying to convince prosecutors of his innocence, the newspaper reported. The charges people were arrested for that are mentioned in the lawsuit include armed robbery, robbery and theft – the majority of which are serious Jacksonville Felony Charges.</p>

<p>In order to make an arrest in a Jacksonville Criminal Case, police must have probable cause to believe the person has committed the crime he or she is accused of committing. In many cases, in order to enter private property to obtain evidence during an investigation, detectives must first get a warrant that shows the reasons they believe this particular person committed this particular crime. In many of the cases mentioned in the lawsuit, the police ended up getting the warrant.  Decisions on whether to formally charge someone with a crime are made by the State Attorney’s Office. Prosecutors are supposed to be the check and balance to the police, vetting the case independently to make sure the charge can be proven beyond a reasonable doubt. Among the four cases mentioned in this federal lawsuit, one did make it through the prosecutors, who dropped the case after an <a>innocent man spent nine months behind bars</a>.</p>

<p>In the other Jacksonville Criminal Cases cited in the federal lawsuit, the mistakes were caught before formal charges were filed. In one case mentioned, a 13-year-old boy was accused of a robbery and brought downtown for questioning without permission of his parent and interviewed by himself, clearly against police policy.  These cases are a perfect example of why our Jacksonville Criminal Justice system is so important. Police officers are human. They make mistakes like anyone else in any other profession. And their work needs to be checked by prosecutors and eventually by a judge or a jury to make sure innocent people are not locked up for crimes they did not commit. Jacksonville Criminal Defense Attorneys play a key role in protecting the rights of people who are accused of crimes. If you or your loved one is arrested for a crime, our Jacksonville Criminal Defense Attorney will thoroughly investigate the charges and make sure police operated according to the law when making their case.</p>

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

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                <title><![CDATA[Former Jacksonville corrections officer arrested, accused of conspiracy to bring banned material into the jail]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/former-jacksonville-corrections-officer-arrested-accused-of-conspiracy-to-bring-banned-material-into/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/former-jacksonville-corrections-officer-arrested-accused-of-conspiracy-to-bring-banned-material-into/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 11 Jul 2014 09:59:33 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>A former Jacksonville corrections officer was arrested this month, accused of conspiracy to introduce contraband into a correctional facility. The officer was terminated in February when this investigation began and was already on employee probation for falsifying his employment application, according to a report in the Florida Times-Union. Now, the former officer’s problems are even&hellip;</p>
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<p>A former Jacksonville corrections officer was arrested this month, accused of conspiracy to introduce contraband into a correctional facility.  The officer was terminated in February when this investigation began and was already on employee probation for falsifying his employment application, according to a <a>report</a> in the Florida Times-Union. Now, the former officer’s problems are even more serious, with a felony charge in the balance. Conspiracy to introduce contraband into a correction facility is a third-degree felony punishable by up to five years in state prison.</p>

<p>The newspaper report did not specifically what the man was accused of helping sneak into the jail, or the details of the scheme and how it was done. Immediately in Jacksonville Felony Cases such as this, when people hear contraband being introduced into a correctional facility, they tend to think drugs. And, in many Jacksonville Felony Cases, that assumption is correction. But, jails and prisons are highly regulated environments and the list of contraband one can be arrested for bringing into the facility is extensive. Contraband includes written communication and food or clothing intended for an inmate in a correction institution. For example, if a person is visiting a family member or friend and tries to sneak in a candy bar for an inmate, they can be arrested for introducing contraband into a correctional facility. The same is true for weapons, drugs, cell phones and any other communications device.</p>

<p>And while the charge may be the same for someone trying to sneak something in and a corrections officer charged with doing it, it’s highly likely the two Jacksonville Felony Cases will be looked on in different lights by state prosecutors and the judge. When a corrections officer is charged in a Jacksonville Felony Case such as this, it implies he or she was either working with someone to allow banned material, possibly for some form of compensation, or at a minimum choosing to look the other way.  This Jacksonville Felony Case is a prime example of how the court will often treat a case differently when a person in a position of authority is involved. It also emphasizes the importance of the state getting the charge right, because if it ends of being dropped or the person is found not guilty, the damage professionally for the officer is likely done with an arrest alone.</p>

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

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                <title><![CDATA[Clay County police arrest wrong person on theft charge, innocent woman jailed for weeks]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/clay-county-police-arrest-wrong-person-on-theft-charge-innocent-woman-jailed-for-weeks/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/clay-county-police-arrest-wrong-person-on-theft-charge-innocent-woman-jailed-for-weeks/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 20 Jun 2014 13:28:45 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>A Louisiana woman was jailed twice – once for several weeks – when police arrested her by mistake. Police were looking for a woman with the same name, but the descriptions of the two were different – off by several years, five inches and 20 pounds, according to a report in the Florida Times-Union. Police&hellip;</p>
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<p>A Louisiana woman was jailed twice – once for several weeks – when police arrested her by mistake. Police were looking for a woman with the same name, but the descriptions of the two were different – off by several years, five inches and 20 pounds, according to a <a>report</a> in the Florida Times-Union.  Police did eventually arrest the correct woman on a Clay County Theft Charge, but not after public embarrassment and what could be some costly litigation for the county. This is the second time a person with the same name was wrongly arrested in Clay County. An <a>18-year-old spent a month in jail</a>, accused of having sex with a girl younger than 12 when police were all along thinking he was a different teen with the same name.</p>

<p>In both cases, police went by the name alone and did not follow proper procedures in making sure they were arresting the correct person, the newspaper reported. The woman who was falsely arrested in this Clay County Theft Case said she lost her home and her daughter is now in counseling and saw her grades plummet because of her mother’s sudden absence, the newspaper reported. Police finally relented in the case when the woman’s Clay County Criminal Defense Attorney was able to provide medical records that showed the woman was in a hospital when the original theft occurred, the newspaper reported. The woman was also falsely arrested on a charge for passing a bad check and her attorneys say police did not show the bank manager a picture of the suspect, but rather arrested her solely based on the name. Police brought the woman from Louisiana to Clay County on the charge, even though the actual suspect was in Clay County the entire time, the newspaper reported.</p>

<p>Clearing one’s name from a false arrest can be very difficult to do. When potential employers conduct background checks, the information is pulled from a Florida Department of Law Enforcement database that shows when people are arrested. There is information in the report on the result of the charges, but it is not always up-to-date. Either way, many employers don’t even go a step further if they see someone was arrested for a Clay County Felony – especially a crime of dishonestly such as a Clay County Theft Case. The woman may be eliminated in a job placement process well before she would even have a chance to explain the situation that led to her arrest.</p>

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

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                <title><![CDATA[St. Johns County man impersonating an officer arrested on felony charge after trying to pull over detective in unmarked car]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/st-johns-county-man-impersonating-an-officer-arrested-on-felony-charge-after-trying-to-pull-over-det/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/st-johns-county-man-impersonating-an-officer-arrested-on-felony-charge-after-trying-to-pull-over-det/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Mon, 09 Jun 2014 14:36:27 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>A St. Johns County man with police lights in his car is accused of pulling over a detective in an unmarked car, who ended up having to investigate the alleged crime. The detective says he was legally passing a car, but that car then turned its red and blue lights on and tried to pull&hellip;</p>
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<p>A St. Johns County man with police lights in his car is accused of pulling over a detective in an unmarked car, who ended up having to investigate the alleged crime.  The detective says he was legally passing a car, but that car then turned its red and blue lights on and tried to pull the detective over, according to a <a>report</a> in the Florida Times-Union. The detective did pull over but, once he did, the man allegedly drove off. The detective then followed him and turned on his own lights, pulling the man over, the newspaper reported. Police said the man gave several stories as to how he had the lights, but police didn’t believe him so they issued a warrant for his arrest. He was not immediately arrested at the scene. But when he went to the Sheriff’s Office to return the lights, he saw the detective he pulled over, who arrested him on the warrant and booked him into the county jail.</p>

<p>The man is charged with impersonating a police officer and unlawful use of blue lights. Impersonating a police officer is the more serious of the two crimes. The St. Johns County Felony Crime is a third-degree felony punishable by up to five years in state prison. Unlawful use of blue lights is a first-degree misdemeanor with a maximum penalty of one year in the county jail. In cases like this St. Johns County Felony Case, where there is a felony and a misdemeanor, prosecutors may agree to drop one of the two cases and combine the two.  One thing that could benefit the defendant in this St. Johns County Felony Case is that he was voluntarily bringing the lights back to the police department. His timing, as it turns out, may not have been the best. But the actual fact of returning the equipment is a start at something for a St. Johns County Criminal Defense Attorney to work with in terms of getting the best result possible for a client. It doesn’t excuse the alleged crime, especially in the minds of police who take these crimes very seriously, but it does show an element of taking responsibility for one’s alleged actions.</p>

<p>There also may have been something to the man’s initial story – enough that he was not arrested on the spot and the detective instead chose to issue a warrant for the man’s arrest. The overwhelming majority of St. Johns County Felony Cases do not end up in trial, but rather resolve in some type of negotiated agreement between the state and the defense.  Our St. Johns County Criminal Defense attorney will thoroughly investigate your case and explain your options going forward so you or your loved one can make an informed decision about how to proceed.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a>The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our St. Johns County Felony Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Prosecutors say not enough evidence to charge off-duty Jacksonville police officer in parking space argument]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/prosecutors-say-not-enough-evidence-to-charge-off-duty-jacksonville-police-officer-in-parking-space/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/prosecutors-say-not-enough-evidence-to-charge-off-duty-jacksonville-police-officer-in-parking-space/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 18 Apr 2014 15:04:27 GMT</pubDate>
                
                    <category><![CDATA[Police]]></category>
                
                
                
                
                <description><![CDATA[<p>A Jacksonville man said an off-duty police officer pulled a gun on him during an argument about a parking spot, but prosecutors said there was not enough evidence to charge the officer with a crime. The dispute began when a 20-year-old man got out of a car to stand in a parking spot and hold&hellip;</p>
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<p>A Jacksonville man said an off-duty police officer pulled a gun on him during an argument about a parking spot, but prosecutors said there was not enough evidence to charge the officer with a crime.  The dispute began when a 20-year-old man got out of a car to stand in a parking spot and hold it for his pregnant fiancé and her family on a busy Sunday afternoon, according to a <a>report</a> in the Florida Times-Union. Another car, driven by an off-duty police officer, backed into the space and into the man, who then slammed on the trunk of the car, the newspaper reported.</p>

<p>The two men exchanged words, and the alleged victim said the officer pulled out a gun, causing the man to back off, the newspaper reported. The officer said he did not pull a gun, but that the gun was on his backpack and he put it inside the backpack before walking out of the car, the newspaper reported. The officer also said he saw a man walk out of the parking space before he backed in and did not hit the man with his vehicle.
In <a>Jacksonville Gun Crimes</a> cases like this, it can be very difficult for the state when the only evidence comes from the people involved. There are two specific sides to the story and only these two men know what really happened. The state typically likes to have other evidence before it files a case – some sort of independent witness or, even more preferable, surveillance video from a nearby store or something where it can be shown and jurors can see for themselves what occurred. This is a common problem in Jacksonville Sex Crimes Cases, which has serious penalties, as gun crimes do.</p>

<p>For example, if the officer was going to be charged in this Jacksonville Gun Crimes Case, it would likely be for aggravated assault with a firearm. The charge is a felony and, if the state chooses to file the minimum mandatory portion of the charges, has a minimum mandatory sentence of three years in state prison.  Even though many would jump to the conclusion that the state is protecting a police officer by not filing this case, prosecutors should be very careful when filing these serious Jacksonville Gun Crimes charges. There are two sides to every story, and there needs to be more than just the words of one person before filing charges that could significantly alter someone’s life – especially when the crime was a threat and no one was injured.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a>The Mussallem Law Firm</a> 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.</p>

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