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        <title><![CDATA[Traffic Crimes/Tickets - 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[A clerk in California accused of altering over 1,000 traffic and criminal cases]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/clerk-california-accused-altering-1000-traffic-criminal-cases/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Thu, 08 Sep 2016 17:19:59 GMT</pubDate>
                
                    <category><![CDATA[DUI - Driving Under the Influence in Jacksonville]]></category>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>A deputy clerk or court in Orange County, California, has been arrested on federal charges of violating RICO, the Racketeer Influenced and Corrupt Organizations Act, bribery and money laundering. According to a report in the Orange County Register, the clerk changed dispositions, marked as “paid” unpaid fines and court costs, changed actual charges, and posted&hellip;</p>
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<p>A deputy clerk or court in Orange County, California, has been arrested on federal charges of violating RICO, the Racketeer Influenced and Corrupt Organizations Act, bribery and money laundering.  According to a <a href="http://www.ocregister.com/common/printer/view.php?db=ocregister&id=728181" rel="noopener noreferrer" target="_blank">report</a> in the Orange County Register, the clerk changed dispositions, marked as “paid” unpaid fines and court costs, changed actual charges, and posted a defendant as completing jail time that was never served.  The clerk allegedly hired recruiters who would advertise the illegal services.  The article reported that of the over 1,000 cases, sixty nine were Driving Under the Influence, 160 were other miscellaneous misdemeanor charges and the remaining appear to be traffic citations.</p>

<p>The county clerk’s office in any city is extremely important.  They are tasked with keeping all records of civil and criminal cases.  With traffic tickets and all criminal cases in Duval County and the surrounding counties, the clerk’s office assigns a case number and a case record in every case.  With traffic tickets, the records payments of fines or schedules court dates and the dispositions of those dates.  As with civil traffic citations, the clerk’s office also records every step of criminal cases in Jacksonville.  The website contains information on each and every case including what division it is assigned to, the arrest and booking report, information on what happens at every court date, all motions that are filed and all fines and court costs owed.</p>

<p>In the California case, the clerk is accused of lowering charges in the system.  For example, when someone is arrested for a DUI in Jacksonville, the State Attorney’s Office has the discretion lower the charge to a Reckless Driving.  Prosecutors decide what to file or not to file.  The clerk in this case allegedly forged prosecutor’s signatures on some of the dispositions.  Changing the DUI to a Reckless can have very good consequences for a defendant, including avoiding a driver’s license suspension and avoiding future elevations of punishment should they be arrested for DUI again.</p>

<p>The clerk is also accused of recording community service hours as performed that were not and fines paid that were unpaid.  This can substantially effect a criminal defendant’s probation case. When you are placed on probation in Jacksonville, there are certain requirements that must be met, called special conditions.  With domestic battery, a defendant is commonly placed on probation to complete the Batterers’ Intervention Program and pay court costs.  If a clerk records that the program was completed and court costs paid, they no longer have to complete the conditions in the eye of the court.  In the California clerk’s case, cases began to be re-opened because the alleged fixing got noticed by some, as one would think would happen eventually.</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 DUI Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Woman in St. Johns County faces several felonies following police chase]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/woman-st-johns-county-faces-several-felonies-following-police-chase/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Thu, 16 Jun 2016 17:31:09 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>A woman from St. Augustine is facing eleven criminal charges after allegedly fleeing from police. According to an article in The Florida Times Union, police received several 911 calls reporting a car driving erratic and aggressively. After police tried to stop the vehicle, the woman allegedly accelerated rapidly and intentionally rammed occupied vehicles. The woman&hellip;</p>
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<p>A woman from St. Augustine is facing eleven criminal charges after allegedly fleeing from police.  According to an <a href="http://jacksonville.com/news/crime/2016-06-15/story/woman-rams-vehicles-during-wild-st-johns-county-chase-toddlers-inside" rel="noopener noreferrer" target="_blank">article</a> in The Florida Times Union, police received several 911 calls reporting a car driving erratic and aggressively.  After police tried to stop the vehicle, the woman allegedly accelerated rapidly and intentionally rammed occupied vehicles.  The woman apparently had two small children in the car and eventually stopped after crashing into another car.  Even when police got their hands on the woman, they claim she continued to pull away.  The woman is facing one count of reckless driving, two counts of fleeing and eluding police, four counts of aggravated assault with a deadly weapon, one count of aggravated battery with injury, two counts of child neglect and resisting an officer without violence.</p>

<p>The most serious of the charges are the felonies.  In Florida, aggravated assault with a deadly weapon is a third degree felony punishable by up to five years in prison.  In order to prove this charge, the prosecutor must show that the woman threatened someone with violence, had the ability to carry that violence out, put the victim in fear of the violence and used a deadly weapon to threaten. In this case, the deadly weapon would be the car she was driving.  Aggravated battery is intentionally causing great bodily harm to someone and is a second degree felony in Florida.</p>

<p>The charges of child neglect may seem not so obvious.  Just having the children and erratically driving a vehicle could be considered child neglect or abuse in St. Johns County.  Under Florida law, neglect of a child occurs when a guardian fails to provide the child with care or supervision necessary to maintain the child’s physical health.  It is a prudent-person standard, which means the standard is what would a reasonable person do to protect the child.  Each child neglect charge is a third degree felony and the maximum punishment is five years in prison.  Fleeing and eluding the police is a second degree felony.  In order to prove this charge, the State Attorney’s Office has to prove the woman operated a vehicle and willfully refused to stop the car after being ordered to stop by an authorized law enforcement officer.</p>

<p>The article does not hint as to the woman’s motivation to run, but this case will be taken seriously because people were injured, property was damaged and children were in the car at the time.</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 Child Neglect Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Police are led to alleged St. Johns County suspect in hit and run of one of their own]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/police-led-alleged-st-johns-county-suspect-hit-run-one/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 08 Jan 2016 18:08:11 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>A tip from an anonymous party has led to the arrest of a St. Johns County woman for a hit and run crash injuring a St. Johns County officer. According to a report on news4jax.com, early on the morning of New Year’s Day, the police car was hit from behind. The at-fault driver allegedly then&hellip;</p>
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                <content:encoded><![CDATA[

<p>A tip from an anonymous party has led to the arrest of a St. Johns County woman for a hit and run crash injuring a St. Johns County officer. According to a <a href="http://www.news4jax.com/news/florida/st-johns-county/woman-arrested-in-crash-that-injured-st-johns-county-deputy" rel="noopener noreferrer" target="_blank">report</a> on news4jax.com, early on the morning of New Year’s Day, the police car was hit from behind. The at-fault driver allegedly then fled the scene. After a day of searching, police receive a tip from a non-identified person that leads them to a car matching the description of the offending vehicle. The car had damage consistent with the crash and was actually located on a tow truck leaving the home of the suspect. The suspect allegedly admitted to driving the night of the crash.</p>

<p>The suspect will likely be charged with Leaving the Scene of an Accident which results in injury to a person “other than serious bodily injury”. Police reported that the victim officer had minor injuries. When someone is arrested for this St. Johns County driving crime, it is a felony of the third degree punishable by up to five years in prison. Injuries sustained from a hit and run are considered “serious” if the injury creates the substantial risk of death, disfigurement or impairment of the function of a body part or organ. If convicted of a serious bodily injury leaving the scene of an accident, an offender faces up to fifteen years in prison because the charge is a second degree felony. Obviously, the most serious hit and run cases involve leaving the scene that results in a death. Under Florida law, if the crash results in the death of a person, all drivers have to stop immediately and render any aid they can. If convicted of leaving an accident involving death, a driver faces up to thirty years in prison because it is a first degree felony. This driving charge also carries a four year minimum term of imprisonment. This means a suspect must serve four years day for day, minimum.</p>

<p>While it is still early, the suspect in this case will certainly be under increased scrutiny because the victim of the crash is a police officer. At a minimum, if convicted, she will be required to make restitution to the victim for any damage or loss. Also, she faces a mandatory three year driver’s license revocation. Before her license can be reinstated, if convicted, she must have completed the Victim’s Impact Panel, which is a presentation put on by Mother’s Against Drunk Driving.</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 St. Johns County Criminal Defense Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[No charges filed in fatal Jacksonville crash where tractor-trailer hit pedestrian]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/no-charges-filed-in-fatal-jacksonville-crash-where-tractor-trailer-hit-pedestrian/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 27 Nov 2015 15:08:27 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>No charges will be filed in what police initially described as a fatal hit-and-run crash that killed a Jacksonville woman in October. The woman was hit by the back of a tractor-trailer and then dragged down the road as the driver left a Jacksonville parking lot, according to a report in the Florida Times-Union. Police&hellip;</p>
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                <content:encoded><![CDATA[

<p>No charges will be filed in what police initially described as a fatal hit-and-run crash that killed a Jacksonville woman in October.  The woman was hit by the back of a tractor-trailer and then dragged down the road as the driver left a Jacksonville parking lot, according to a <a href="http://jacksonville.com/news/crime/2015-11-17/story/driver-fatal-crash-where-woman-dragged-behind-tractor-trailer" rel="noopener noreferrer" target="_blank">report</a> in the Florida Times-Union. Police were looking for the driver and a private organization had offered $3,000 for anyone who had information on the driver, the newspaper reported. Police eventually tracked him down and interviewed him about the incident, the newspaper reported. The investigation revealed that the driver did not know he hit the woman and the state opted not to file any criminal charges against the driver, the newspaper reported.</p>

<p>Florida law requires that if a person is seriously injured in a traffic crash the driver must remain on the scene, contact authorities and “shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.” Had charges been pursued in this Jacksonville Traffic Case, they would have likely been leaving the scene of an accident causing death. That charge is a first-degree felony with a maximum penalty of 30 years in state prison. It also carries a minimum mandatory sentence of four years in state prison.
However, in order to be able to stop the vehicle and render aid, the driver must know that someone was injured or hit by the vehicle. In this Jacksonville Traffic Case, which occurred around 6 a.m. when it was still dark outside, investigators determined the driver did not know. The woman was killed was walking her dog that morning, and tests show she had a blood-alcohol level nearly three times the legal limit and had cocaine in her system at the time of the crash, the newspaper reported.</p>

<p>Jacksonville Traffic Cases can suddenly thrust people who have no criminal history into a situation where they are being investigated for charges that could land them in prison for a significant amount of time. Most Jacksonville Traffic Cases, though, are simply tickets for speeding or other moving violations. While they can add up to a driver losing his or her license, most are not criminal charges.  Our Jacksonville Traffic Attorney represents people on all types of driving charges – from a speeding ticket to felonies involving serious injuries or death. Our Jacksonville Criminal Defense Attorney will investigate the charges against you or your loved one and provide you with the information to make a 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 Traffic Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Florida Highway Patrol looking for drivers who were racing, accused of setting off chain of accidents that killed elderly man]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/florida-highway-patrol-looking-for-drivers-who-were-racing-accused-of-setting-off-chain-of-accidents-that-killed-elderly-man/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 13 Nov 2015 13:33:49 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>Police are looking for two drivers accused of racing each other down Interstate 95, causing one wreck that touched off several more – including one that killed an elderly man and critically injured his wife. The series of accidents allegedly began when two cars were weaving in and out of traffic, which caused a small&hellip;</p>
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<p>Police are looking for two drivers accused of racing each other down Interstate 95, causing one wreck that touched off several more – including one that killed an elderly man and critically injured his wife.  The series of accidents allegedly began when two cars were weaving in and out of traffic, which caused a small Honda to go off the road and hit a guardrail, according to a <a href="http://jacksonville.com/news/crime/2015-11-02/story/fhp-looking-racing-cars-may-have-sparked-chain-collision-killed-elderly" rel="noopener noreferrer" target="_blank">report</a> in the Florida Times-Union. Ten minutes later, a pickup truck slowing down for the stopped traffic was rear-ended by another pickup truck, though there were only minor injuries, the newspaper reported. Shortly thereafter, the elderly driver was slowing down behind a tractor trailer when another driver slammed into his SUV, causing the SUV to spin and smash into the back of the tractor-trailer, the newspaper reported.</p>

<p>The drivers would not have to be directly involved in the one fatal crash to be charged with a crime in this St. Johns County Traffic Case, but the state would have to prove beyond a reasonable doubt that the drivers’ negligence triggered a string of crashes that ultimately led to the death of the victim. According to Florida law, vehicular homicide is “the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” Last year, a Nassau County jury found a man guilty of <a href="/blog/man-convicted-of-six-counts-of-vehicular-homicide-in-nassau-county-crash/">six counts of vehicular homicide</a> for sideswiping a car that touched off a chain of accidents that killed six people, so there is a history of drivers being convicted even though he or she might not have been directly involved in the ultimate fatal crash.</p>

<p>In most St. Johns County Traffic Cases, vehicular homicide is a second-degree felony with a maximum penalty of up to 15 years in state prison. However, in this case, because the driver is accused of leaving the scene of the accident and not stopping to render aid, the charge would be elevated to a first-degree felony, which would bring the penalty up to 30 years in state prison. These serious felony charges may not even come in this St. Johns County Traffic Case – plenty depends on police finding the drivers and then being able to prove beyond a reasonable doubt that any reckless driving was directly connected to the fatal crash.</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 St. Johns County Traffic Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Clay County man arrested on misdemeanor charge in traffic crash that killed two people]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/clay-county-man-arrested-on-misdemeanor-charge-in-traffic-crash-that-killed-two-people/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 02 Oct 2015 17:30:32 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>A Clay County man was arrested on several traffic violations for a May crash that killed a two people in Clay County. The defendant is accused of running a red light and crashing into a car with an elderly couple in it, according to a report in the Florida Times-Union. Both people inside the other&hellip;</p>
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<p>A Clay County man was arrested on several traffic violations for a May crash that killed a two people in Clay County.  The defendant is accused of running a red light and crashing into a car with an elderly couple in it, according to a <a href="http://jacksonville.com/news/crime/2015-09-11/story/middleburg-man-arrested-double-fatality-traffic-crash-may" rel="noopener noreferrer" target="_blank">report</a> in the Florida Times-Union. Both people inside the other car were killed, the newspaper reported. The driver is charged with driving on a suspended license, a second-degree misdemeanor. The charge has a maximum penalty of up to six months in county jail. He was also cited for running a red light and driving without valid insurance. Neither of those is criminal charges, but is simply a traffic ticket.</p>

<p>In Clay County Traffic Cases where people are killed, there are certainly more serious charges that could apply. Primarily, there is vehicular homicide. However, Florida law defines vehicular homicide as “the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” During the investigation in the four months following the crash, investigators must have determined that while the driver did run a red light, he was not driving in a manner that was so reckless it was likely to hurt someone. Even though the crash occurred at noon, police likely also ran toxicology tests. Those generally take about four to six months and, in all likelihood based on the charges, came back negative.</p>

<p>The defendant still could receive minimal jail time for the charge of driving on a suspended license. While criminal charges are certainly important, there are also likely many things at play for a potential civil case. The standard of being negligent in a civil case is far less strict that the “beyond a reasonable doubt” needed to prove a criminal case. That could be a reason why the defendant may choose to contest the red light traffic ticket. When someone simply pays a traffic ticket, they are admitting guilt. That can be detrimental in a civil case because it shows a person admitted to being at fault. It can also hurt in a standard Clay County Traffic Case even when someone is not hurt or killed. By paying the ticket, a driver will be assessed points, which can add up quickly and could eventually result in a driver’s license being suspended or revoked.  Our Clay County Traffic Attorney represents people accused of all types of traffic violations – from speeding tickets on up to vehicular homicide.</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 County Violent Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Jacksonville police investigating hit-and-run crash that killed pedestrian]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-police-investigating-hit-and-run-crash-that-killed-pedestrian/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Sat, 29 Aug 2015 13:27:29 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>Jacksonville police are investigating a recent crash as a hit-and-run after a pedestrian was killed on the Arlington Expressway. Police said the pedestrian was killed in the early morning hours, but did not release any information about the person, according to a report on First Coast News. Police said they did not have any information&hellip;</p>
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                <content:encoded><![CDATA[

<p>Jacksonville police are investigating a recent crash as a hit-and-run after a pedestrian was killed on the Arlington Expressway.  Police said the pedestrian was killed in the early morning hours, but did not release any information about the person, according to a <a href="http://www.firstcoastnews.com/story/news/crime/2015/08/22/pedestrian-killed-on-arlington-expressway-downtown/32190019/" rel="noopener noreferrer" target="_blank">report</a> on First Coast News. Police said they did not have any information about the car involved in the crash, but they are investigating the case as a hit-and-run, the television station reported. The area near the crash does not have any marked crosswalks, the television station reported. It is possible that a driver could be involved in a fatal crash but not be charged or even ticketed – if there was nothing he or she could do to avoid the crash.</p>

<p>But, even if a driver is not at fault in a Jacksonville Traffic Case, he or she brings serious felony charges into play by not stopping and attempting to render aid. State law requires drivers to stop when they are involved in any type of traffic crash, call police and wait for authorities to arrive on the scene. If a person is injured, the driver, “shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person,” according to Florida law.</p>

<p>Leaving the scene of an accident causing death, which would be the most likely charge in this Jacksonville Traffic Case, is a first-degree felony punishable by up to 30 years in state prison. Even more important, if a person is convicted or pleads guilty to this Jacksonville Felony Charge, a minimum mandatory sentence of four years in state prison applies. So if a jury finds the defendant guilty, the judge could not give a sentence of less than four years, even if he or she wanted to. And a minimum mandatory sentence also means the defendant must serve every single day of the four years – as opposed to the 85 percent of the sentence most people serve, provided they stay out of trouble behind bars. One moment of panic that leads a person to drive off can have serious consequences in a Jacksonville Traffic Case.  Our Jacksonville Traffic Attorney represents people on minor traffic infractions on up to first-degree felonies.</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 Traffic Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Man sentenced in hit-and-run death, judge says he would’ve avoided punishment had he stayed at the scene]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/man-sentenced-in-hit-and-run-death-judge-says-he-wouldve-avoided-punishment-had-he-stayed-at-the-scene/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Mon, 10 Aug 2015 15:01:53 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>The decision to leave the scene of a fatal accident was very costly for a St. Johns County man, a judge reminded him during a sentencing hearing this month. But the man will spend nine months in the county jail, far less than the 30-year maximum sentence of the crime he was originally charged with,&hellip;</p>
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<p>The decision to leave the scene of a fatal accident was very costly for a St. Johns County man, a judge reminded him during a sentencing hearing this month.  But the man will spend nine months in the county jail, far less than the 30-year maximum sentence of the crime he was originally charged with, according to a <a href="http://jacksonville.com/news/2015-08-07/story/judge-tells-st-johns-man-who-left-scene-fatal-crash-if-hes-stayed-he-wouldnt?utm_source=cx" rel="noopener noreferrer" target="_blank">report</a> in the Florida Times-Union. The man was driving down A1A one evening in July 2014 when a man stepped into the road and was hit and killed by the driver, the newspaper reported. But, instead of staying at the scene of the accident and calling police, as is required by law, the 25-year-old driver took off. Police found him at his home and arrested him, the newspaper reported.</p>

<p>He was initially charged with leaving the scene of an accident causing death, a first-degree felony with a maximum penalty of up to 30 years in state prison. Instead, the state allowed the driver to plead guilty to leaving the scene of an accident causing serious injury – a second-degree felony with a maximum sentence of 15 years in state prison. Part of the reason for the downgrade is charge is likely because the first-degree felony carries a minimum mandatory charge of four years in prison, which is far more than the man was eventually sentenced to.</p>

<p>According to state law, if a driver is involved in an accident, he or she must stop the vehicle, call the police and provide driver’s license and insurance information to other people involved. In St. Johns County Traffic Cases where a person is seriously injured, the driver “shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.”  In this St. Johns County Felony Case, the driver panicked and left. In many St. Johns County Hit-and-Run cases, the driver is under the influence of drugs or alcohol and leaves the scene to avoid those charges. But that was not the case here, the driver just made a bad decision. The pedestrian was hospitalized and died the next day. The defendant was asking for probation in this case and the state sought a year in county jail – the maximum the man could receive without being sent to state prison.</p>

<p>Our St. Johns County Traffic Attorney represents people charges with all types of traffic offenses – from speeding tickets on up to criminal charges that include time in state prison.
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 St. Johns County Felony Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Police increasing presence on Clay County highway after several accidents]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/police-increasing-presence-on-clay-county-highway-after-several-accidents/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/police-increasing-presence-on-clay-county-highway-after-several-accidents/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Sat, 06 Jun 2015 14:50:36 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>State and local police say they’ll be out in full force on a well-travelled Clay County highway after a string of serious accidents in recent weeks. Patrol officers and others are out along the highway, checking speeds and watching for drivers who run red lights in the area, according to a report on News4Jax.com. While&hellip;</p>
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<p>State and local police say they’ll be out in full force on a well-travelled Clay County highway after a string of serious accidents in recent weeks.  Patrol officers and others are out along the highway, checking speeds and watching for drivers who run red lights in the area, according to a <a href="http://www.news4jax.com/news/police-cracking-down-on-us-17-drivers/33213222" rel="noopener noreferrer" target="_blank">report</a> on News4Jax.com. While nothing has been reported yet in the local news media, expect a news release in the upcoming weeks about the number of violations and tickets issued in the area due to the increased patrols.</p>

<p>Police can’t be everywhere and by no means can they prevent every traffic accident that may occur. But the presence of police officers will undoubtedly make drivers slow down. How many times have you seen a string of brake lights on the highway, only to see a highway patrol officer in the median a few hundred yards up? If drivers do not feel there are consequences for exceeding the speed limit, they likely will.  And while Clay County Traffic Violations are far less serious than misdemeanor and felony crimes, they can have a major financial impact on drivers. On top of the financial considerations, drivers can also lose their license if they continue to get caught speeding or of other moving violations. In Florida, traffic tickets are scored on a point system. When those points accumulate, they can have serious consequences for drivers.</p>

<p>While speeding tickets have varying point levels based on how much the driver exceeds the speed limit, many other common violations are worth 3 points. Reckless driving carries a 4-point penalty and a person caught leaving the scene of an accident faces 6 points. When the points add up they can lead to:</p>

<p>– A 30-day license suspension for 12 points in one year
– A 3-month suspension for 18 points in 18 months
– A 1-year suspension for 24 point in a 3-year period</p>

<p>If a driver simply pays his or her fine on the ticket, he or she is admitting guilt and accepting the points that come with the violation. Those points are on your driving record and will also likely cause car insurance rates to rise. In some Clay County Traffic Cases, an attorney can appear on your behalf in an effort to get the fine or points reduced.
Our Clay County Traffic Attorney has represented hundreds of drivers on traffic cases and can help you make a decision on whether the ticket is worth fighting – based on the circumstances, including your past driving record.</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 Traffic Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[State charges 16-year-old boy as an adult in fatal crash]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/state-charges-16-year-old-boy-as-an-adult-in-fatal-crash-1/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/state-charges-16-year-old-boy-as-an-adult-in-fatal-crash-1/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Tue, 10 Feb 2015 09:35:12 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>The 16-year-old driver has been charged as an adult for his role in the high-speed crash that killed his 15-year-old friend. The state this month filed charges in the August crash, according to a report in the Florida Times-Union. Three teens were in the car and the driver had rear-ended a car on Jacksonville’s Westside,&hellip;</p>
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                <content:encoded><![CDATA[

<p>The 16-year-old driver has been charged as an adult for his role in the high-speed crash that killed his 15-year-old friend.  The state this month filed charges in the August crash, according to a <a>report</a> in the Florida Times-Union. Three teens were in the car and the driver had rear-ended a car on Jacksonville’s Westside, the newspaper reported. The driver then sped off and, less than a mile later, crashed the car into a utility pole, the newspaper reported. One passenger was killed and the driver and third passenger were both seriously injured in the crash.</p>

<p>The driver is now charged as an adult in this Jacksonville Traffic Case with vehicular homicide, among a handful of serious charges. Vehicular homicide is a second-degree felony with a maximum sentence of 15 years in state prison. The boy is also facing other felony charges that include driving without a license causing death and driving without a license causing serious bodily injury. The boy is facing more than two decades behind bars and the main issue in this Jacksonville Felony Case is whether the case will ultimately be handled in juvenile court or in adult court.</p>

<p>The juvenile court system is designed to address crimes involving youth, with an eye on rehabilitation and not having lifelong criminal records for youthful mistakes. However, in serious felony cases, the state has the ability to “direct file” cases. That means the cases bypass juvenile court and are treated as is the defendant was 60, not 16. That was the procedure followed in this Jacksonville Juvenile Crimes Case. The newspaper reported the teens were skipping school when the crash occurred, but there was no information released on if the driver has a previous criminal record. That piece of information would likely play a large role in the decision to direct file. If, for example, a teen has had several chances and continues to get into trouble, the state may direct file in a <a>Jacksonville Juvenile Crimes</a> Case to prove a point.</p>

<p>Charging a boy as an adult can also be a negotiating tactic for the state. Juvenile crimes have a similar punishment system as adults, ranging from house arrest to what amounts to a prison for teens. But punishment ends at age 21. So, in this Jacksonville Juvenile Case, the boy would be released in five years, rather than potentially 25 years.  Just because a charge against a boy starts in adult court does not mean it will end there. Our Jacksonville Juvenile Crimes Attorney is experienced in juvenile cases and works with clients to try to keep juvenile cases in juvenile court where they belong.</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 Juvenile Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[St. Johns County police find car but offer little further information in hit-and-run case]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/st-johns-county-police-find-car-but-offer-little-further-information-in-hit-and-run-case/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/st-johns-county-police-find-car-but-offer-little-further-information-in-hit-and-run-case/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Tue, 02 Dec 2014 10:19:33 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>St. Johns County police have located the vehicle they think was involved in a hit-and-run crash that killed a cyclist last month. Police said they received a tip that the vehicle was under a tarp at a home in St. Johns County, according to a report on News4Jax.com. Police are not releasing the type of&hellip;</p>
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                <content:encoded><![CDATA[

<p>St. Johns County police have located the vehicle they think was involved in a hit-and-run crash that killed a cyclist last month.  Police said they received a tip that the vehicle was under a tarp at a home in St. Johns County, according to a <a>report</a> on News4Jax.com. Police are not releasing the type of vehicle, but did say initial investigations make them confident this vehicle was involved, the television station reported. The case began when a 26-year-old man was found dead in a local road near a bicycle that looked like it was hit by a car, the television station reported.</p>

<p>No arrests have been made in this St. Johns County Traffic Case. The television station reported that police interviewed people at the home where the vehicle was found, but did not file any immediate charges. Any criminal charges would be for the driver, which means police need to be sure they have the right person who was driving the car at the time of the accident.  When charges are issued, the most serious will likely be leaving the scene of an accident causing death. If a driver is involved in a crash where someone is seriously injured, the driver is required by law to stop the vehicle, attempt to render aid, call 911 for help and stay at the scene of the accident until authorities arrive. None of those appears to have happened in this St. Johns County Felony Case. The charge of leaving the scene of an accident causing death is a first-degree felony with a maximum penalty of 30 years in state prison. The charge also carries a minimum mandatory sentence of four years in state prison. Minimum mandatory sentences are important for people to understand in plea negotiations because every day of the sentence must be served. In most St. Johns County Felony Cases, defendants serve 85 percent of their sentence if they stay out of trouble in jail or prison. So a 10-year-sentence, for example, is more like 8-1/2 years.</p>

<p>A similar charge – including the minimum mandatory sentence – would apply if the driver was under the influence of alcohol or drugs at the time of the crash. That charge becomes difficult to prove if the driver is not located immediately after the crash.  Drivers has serious responsibilities to stop when an accident occurs and people who have no previous criminal record can face lengthy prison sentences for not following the traffic rules. Our St. Johns County Felony attorney has represented people facing all types of criminal charges and will fully investigate your case, review your options and provide you with information to 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>The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our St. Johns County 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 in May hit-and-run death]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-man-arrested-in-may-hit-and-run-death/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-man-arrested-in-may-hit-and-run-death/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Mon, 06 Oct 2014 13:27:13 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>Police arrested a Jacksonville man four months after he was allegedly involved in a hit-and-run accident that killed a pedestrian. The 22-year-old driver initially said he thought he hit a mailbox on New Berlin Road about 9:45 p.m. one May evening, according to a report in the Florida Times-Union. The driver did not stop at&hellip;</p>
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                <content:encoded><![CDATA[

<p>Police arrested a Jacksonville man four months after he was allegedly involved in a hit-and-run accident that killed a pedestrian.  The 22-year-old driver initially said he thought he hit a mailbox on New Berlin Road about 9:45 p.m. one May evening, according to a <a>report</a> in the Florida Times-Union. The driver did not stop at the time of the crash, but did call his insurance company the next morning to file a claim about hitting the mailbox, the newspaper reported. The driver then hired a Jacksonville Criminal Defense Attorney the following day after hearing about the death in media reports.</p>

<p>The driver was charged with failure to leave information at the scene of an accident. That Jacksonville Traffic Charge is a second-degree misdemeanor with a maximum penalty of six months in the county jail. Given the circumstances and that the crash caused a death, there is a significant possibility that more charges will be filed in this Jacksonville Traffic Case, and that this arrest is just the beginning. According to Florida law, “The driver of a vehicle involved in a crash occurring on public or private property which results in injury to a person other than serious bodily injury shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062.” Those requirements include reporting the accident to police, leaving insurance and driver’s license information. Those apply even if the driver thought he had only hit a mailbox.</p>

<p>Leaving the scene of an accident involving property damage is a second-degree misdemeanor, with a maximum penalty of six months in county jail – just like the charge the driver is currently facing. However, leaving the scene of an accident causing serious bodily injury or death is a third-degree felony, and when someone pleads guilty to or is convicted of this crime, he or she is looking at up to five years in state prison. The gravity of charges and potential sentences increase dramatically when serious injuries or death are involved. Police know they have the correct car because DNA results match, according to the newspaper report.  In Jacksonville Traffic Cases, requirements such as what must be done when you are in an accident and part of the agreement of having a driver’s license. In other words, to have a driver’s license, you agree to do certain things, including stopping when there is an accident. Failure to do so can result in charges and a claim of not knowing you were supposed to stop is not likely to be a successful defense. This Jacksonville Traffic Case will be one to keep an eye on to see if further charges are eventually filed.</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 Traffic Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Driving cited for driving into Clay County deputy who was directing traffic at a school]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/driving-cited-for-driving-into-clay-county-deputy-who-was-directing-traffic-at-a-school/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/driving-cited-for-driving-into-clay-county-deputy-who-was-directing-traffic-at-a-school/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Mon, 29 Sep 2014 14:26:23 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>Police ticketed a driver who hit accidentally hit an officer with her truck while dropping students off at a Clay County school. The driver allegedly stopped in a turn lane to drop two students off at Oakleaf High School, and then drove back toward to school entrance where the officer was directing traffic, according to&hellip;</p>
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<p>Police ticketed a driver who hit accidentally hit an officer with her truck while dropping students off at a Clay County school.  The driver allegedly stopped in a turn lane to drop two students off at Oakleaf High School, and then drove back toward to school entrance where the officer was directing traffic, according to a <a>report</a> in the Florida Times-Union. The officer then fell to the ground when he was hit in the legs by the rear drivers-side of the truck, the newspaper reported. The officer had a reflective vest on and the lights on his patrol car were flashing at the time of the 7 a.m. accident, the newspaper reported. The officer was evaluated by a doctor but did not need to be hospitalized.</p>

<p>The 18-year-old driver was given a ticket for careless driving and a separate citation for not having proof of insurance. In Clay County Traffic Cases, moving violations each carry a different amount of points that can be assessed to a driver’s record. Those points then accumulate and can result in severe penalties, such as a suspended driver’s license. This case is a prime example of how those points can escalate based on the result of the violation. Ordinarily, careless driving would have 3 points assessed to a driver’s license. Three points is the most common punishment in Clay County Traffic Cases, along with the fines and court costs that come with any ticket. However, according to Florida Law, any moving violation that results in an accident is a 4-point violation.</p>

<p>That one point can be significant for a driver with a pattern of tickets. The point accumulation that leads to license suspension is as follows:
	12 points in a year: 30-day license suspension 	18 points in 18 months: 3-month suspension 	24 points in three years: 1-year suspension 
And by simply paying the ticket and the fine, you are admitting guilt and accepting the points that will be added to your driving record. Even if you or your loved one has an otherwise spotless driving record, it could be worth talking to a Clay County Traffic Attorney about contesting the ticket. Insurance companies use the points to determine the risk level of insuring a driver and, when tickets crop up, auto insurance rates will start to rise, too.  Our Clay County Traffic Attorney can look into your case and help determine if there’s a possibility of getting fines or points reduced.</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 Traffic Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Two sentenced in Jacksonville traffic fatality, one for trying to cover up boyfriend’s crime]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/two-sentenced-in-jacksonville-traffic-fatality-one-for-trying-to-cover-up-boyfriends-crime/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/two-sentenced-in-jacksonville-traffic-fatality-one-for-trying-to-cover-up-boyfriends-crime/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 25 Jul 2014 11:21:33 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>A Jacksonville man was sentenced to 15 years in prison for the hit-and-run death of a 2-year-old and his girlfriend was sent to jail for a year for her role in trying to hide him and the crime. The small girl was following her sister across an apartment complex parking lot when she was hit&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>A Jacksonville man was sentenced to 15 years in prison for the hit-and-run death of a 2-year-old and his girlfriend was sent to jail for a year for her role in trying to hide him and the crime.  The small girl was following her sister across an apartment complex parking lot when she was hit by a car, according to a report in the Florida Times-Union. The driver got out of the car and told his girlfriend to drive while he ran away on foot, the newspaper reported. The couple then hid from police and was on the lam for several days before being arrested, the newspaper reported.</p>

<p>The man was charged with leaving the scene of an accident resulting in death and driving on a suspended license. Leaving the scene involving a death is a first-degree felony with a maximum penalty of 30 years in prison, while driving on a suspended license is a third-degree felony punishable by up to five years in state prison. If a driver is involved in an accident and someone is injured, that driver has the legal obligation to call for help, render aid if possible and remain on the scene until police and emergency crews arrive. That did not happen in this Jacksonville Traffic Case, and the driver’s alleged history of a dozen citations for driving on a suspended license likely did not help in the sentencing phase of the case.</p>

<p>From a <a>Jacksonville Criminal Defense Attorney</a> perspective, the sentencing of the girlfriend presents an interesting challenge. It’s unclear if she knew her boyfriend was not supposed to be driving, but, she was then placed in a situation to make a split-second decision once the accident occurred. She was in all likelihood trying to protect her boyfriend when she drove off, perhaps unaware of her own exposure to charges in this Jacksonville Traffic Case.  She was charged with accessory after the fact and tampering with evidence. Accessory after the fact is one degree below the actual crime. So, because the leaving the scene of an accident was a first-degree felony, the accessory charge is a second-degree felony. Second-degree felonies are punishable by up to 15 years in state prison. She was also charged with evidence tampering, a third-degree felony with a maximum sentence of five years in prison, likely for driving the car away from where the accident occurred. So she was facing 20 years in prison and got one year in the county jail. The state likely justified the charge by saying although there was a split-second decision to drive the car away, if the couple was holed up for a few days, there was ample time to come forward and she chose not to do so.</p>

<p>Jacksonville Traffic Cases can be difficult because there generally is not a criminal intent from the beginning, but there is instead something that occurs and then forces a person to make a snap decision on how to handle the incident.</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 Traffic Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Driver faces civil citation, not criminal charge, in traffic accident that killed Jacksonville man]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/driver-faces-civil-citation-not-criminal-charge-in-traffic-accident-that-killed-jacksonville-man/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/driver-faces-civil-citation-not-criminal-charge-in-traffic-accident-that-killed-jacksonville-man/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Mon, 30 Jun 2014 10:37:26 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>A man who rear-ended a broken-down car on a Jacksonville bridge, likely causing the stranded driver to be propelled off the bridge and into the water, has been charged with careless driving. The stranded driver was found dead by a fisherman several days after the crash, according to a report in the Florida Times-Union. The&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>A man who rear-ended a broken-down car on a Jacksonville bridge, likely causing the stranded driver to be propelled off the bridge and into the water, has been charged with careless driving.  The stranded driver was found dead by a fisherman several days after the crash, according to a <a>report</a> in the Florida Times-Union. The driver cited in this Jacksonville Traffic Case was going 65 mph in a 45 mph zone, the newspaper reported, and police said he was driving in a “careless or reckless manner.” Police have not said where the victim was standing when his car was struck, the newspaper reported. Careless driving is not a criminal charge, but is instead a traffic citation that results in a fine and points added to a driver’s license.</p>

<p>Jacksonville Traffic Cases such as this are extremely difficult when it comes to potential criminal charges. In this case, a criminal charge could be vehicular homicide. According to Florida law, vehicular homicide is the killing of another person “caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” In this Jacksonville Traffic Case, the state apparently did not see that the drivers’ actions met this standard. When people see a case like this, it’s natural to want someone to be punished for something that results in the death of someone else, especially someone who was doing nothing wrong. Especially when, as the newspaper reported in this Jacksonville Traffic Case, when the accused driver has a history or traffic citations and even received another speeding ticket weeks after the crash that killed the Jacksonville man. But the criminal justice system is designed to be based solely on facts – and the need to prove a case to a jury beyond a reasonable doubt.</p>

<p>In Jacksonville Traffic Cases, vehicular homicide is charged when a driver is putting other drivers in harm’s way by his or her actions, such as weaving in and out of traffic and speeding excessively. The driver does not even have to be the one whose vehicle physically hit the car where people were killed. That was proven in a <a>Nassau County Traffic Case</a> earlier this year, where a man was convicted of six counts of vehicular homicide for sideswiping a car the led to a chain reaction that killed six people in 2010. Every case has different elements and requires an extensive investigation by the state and police before choosing to file criminal charges in a Jacksonville Traffic 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 Jacksonville Traffic Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[State corrections officer arrested in Clay County road rage case]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/state-corrections-officer-arrested-in-clay-county-road-rage-case/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/state-corrections-officer-arrested-in-clay-county-road-rage-case/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Mon, 16 Jun 2014 12:43:43 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                    <category><![CDATA[Violent Crimes in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A Florida Department of Corrections officer was arrested this month, accused of punching another driver in what police described as a road rage incident. Police said the man got out of his car, walked up to another driver and punched the driver in the face, according to a report in the Florida Times-Union. The alleged&hellip;</p>
]]></description>
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<p>A Florida Department of Corrections officer was arrested this month, accused of   punching another driver in what police described as a road rage incident.  Police said the man got out of his car, walked up to another driver and punched the driver in the face, according to a <a>report</a> in the Florida Times-Union. The alleged victim did not have any visible signs of injury, but did tell police that his chin hurt from the punch, the newspaper reported. The suspect was taken to the Clay County jail and charged with battery. Battery in Clay County is a first degree misdemeanor, punishable by up to one year in the county jail.</p>

<p>There was nothing in the media reports that indicate what the alleged victim in this case did or did not do to warrant that alleged reaction from the defendant. But in most Clay County Battery Cases, there are two sides to every story. A Clay County Battery is a misdemeanor crime in which someone hits or otherwise makes physical contact with someone else during an altercation. A felony battery would be if someone uses a weapon, such as hitting someone with a bat or a bottle, or there is a more serious injury. People often confuse assault and battery in Clay County Misdemeanor Cases and use the two terms interchangeably. They are two completely different crimes.</p>

<p>According to Florida law, an assault is “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”  In a Clay County Misdemeanor Case, assault is a second-degree misdemeanor, with less severe penalties than a Clay County Battery Case. The maximum penalty for a second-degree misdemeanor is six months in jail. The corrections officer could have more trouble with his employer than with the criminal justice system itself. Employers, especially the state, can have strict penalties on discipline for people when they are arrested. For Clay County Battery charges, there are often programs the state will often agree to that would have the charges dropped if certain conditions are met. In many Clay County Battery Cases, it could be anger management and other courses that a defendant could take, especially if they don’t have a prior criminal record. It’s unlikely that a corrections officer has a criminal record, so he would likely qualify.</p>

<p>People have a tendency to be at their worst behind the wheel and these Clay County Battery Cases are becoming more and more common. Our Clay County Criminal Defense Attorney has represented hundreds of people charged with misdemeanors and can help try to dispose of the case quickly so you or your loved one can get on with life.</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 Misdemeanor Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[St. Johns County teen charged with felony in October crash that severely injured his friend]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/st-johns-county-teen-charged-with-felony-in-october-crash-that-severely-injured-his-friend/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/st-johns-county-teen-charged-with-felony-in-october-crash-that-severely-injured-his-friend/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Tue, 18 Mar 2014 13:18:06 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>A 17-year-old St. Johns County teen was charged this month in the crash that critically injured his friend and teammate. Charges were filed five months after the near-fatal crash, according to a report on News4Jax. The teen driving was charged with participating in an unlawful race and with reckless driving causing serious injury, the television&hellip;</p>
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<p>A 17-year-old St. Johns County teen was charged this month in the crash that critically injured his friend and teammate.  Charges were filed five months after the near-fatal crash, according to a <a>report</a> on News4Jax. The teen driving was charged with participating in an unlawful race and with reckless driving causing serious injury, the television station reported. The racing charge is a misdemeanor, but the reckless driving count is a third-degree felony with a maximum penalty of five years in state prison. Neither police nor prosecutors have said whether they plan to charge the teen as an adult or as a juvenile.</p>

<p>The crash occurred when the driver lost control of his pickup truck while racing another vehicle, the television station reported. Police said the driver admitted at the scene he was racing and driving faster than 90 mph, the television station reported. A passenger was thrown from the vehicle and suffered severe head trauma in the crash. One complicating factor in the charges is the victim’s father saying he was disappointed in the arrest and that the driver and his son are close friends, the television station reported. That adds a layer of difficulty for the state. What could be happening is that prosecutors may know they will be offering probation or another seemingly minor penalty in the case, but felt some charges were necessary because of the admission from the driver at the scene and the severity of the injuries in this St. Johns County Traffic Case.</p>

<p>Ordinarily, careless driving in a <a>St. Johns County Traffic Case</a> is nothing more than a traffic citation that could result in a fine and points on a person’s driver’s license. But when someone is seriously injured, the case then carries criminal penalties. These St. Johns County Criminal Traffic Cases can be difficult for both sides because, clearly, there was not a criminal intent for the teen to hurt his friend. Cases like these are inherently different from those in which there’s a fight or a shooting or some sort of active decision made to intentionally harm someone. That’s not the case here, in this St. Johns County Juvenile Case. These are teens making a mistake that ended up having serious consequences, and even the victim’s family appears to be against criminal charges.  There’s no indication that alcohol was a factor in this crash, which will likely be a significant factor in the possibility of a more lenient sentence if the driver is convicted or pleads guilty to the charges.</p>

<p>Our St. Johns County Traffic Attorney knows that many people who find themselves charged in serious traffic charges do not have a lengthy criminal history, nor are they familiar with the system. Our St. Johns County Juvenile Crimes Attorney can explain the charges, the potential penalties and the process to help resolve the case in the best manner possible.</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 Juvenile Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Nassau County man sentenced in 2010 vehicular homicide case]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/nassau-county-man-sentenced-in-2010-vehicular-homicide-case/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/nassau-county-man-sentenced-in-2010-vehicular-homicide-case/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 28 Feb 2014 11:53:16 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>A Nassau County man who continues to maintain that his actions were not the ones that ultimately killed six people in a 2010 traffic crash will now likely spend the rest of his life in prison. Pedro Ocasio-Alcazar was sentenced this month to 60 years in prison – 10 years for each person who died&hellip;</p>
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<p>A Nassau County man who continues to maintain that his actions were not the ones that ultimately killed six people in a 2010 traffic crash will now likely spend the rest of his life in prison.  Pedro Ocasio-Alcazar was sentenced this month to 60 years in prison – 10 years for each person who died in the crash, according to a <a>report</a> in the Florida Times-Union. He was facing up to 15 years on each count of vehicular that a jury convicted him of in <a>January</a>.</p>

<p>Police said Ocasio-Alcazar was speeding and weaving in and out of traffic in Nassau County when his car side-swiped a car with six people inside, according to a report in the Florida Times-Union. That car then slid into the median and was hit by an oncoming truck that killed six people – including four children, the newspaper reported. Ocasio-Alcazar argued he wasn’t the one who caused the deaths and maintains he should have never been charged. So just how far does a driver’s responsibility extend in a Nassau County Traffic Case such as this one?</p>

<p>To charge vehicular homicide, the state must prove a death is “caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another,” according to Florida law. It appears fairly obvious that Ocasio-Alcazar was driving recklessly in this Nassau County Driving Case. But to just what degree appeared to be the issue. Nassau County Traffic Homicide cases present significant challenges to both sides. It’s not as cut and dried as a homicide case where there is a gun or knife involved and clearly some action the led to the death of another. No one is arguing that the driver got behind the wheel with the intent to kill six people. And most drivers who end up charged in Nassau County Traffic Homicide cases do not have much experience in the criminal court system. They may have a few traffic tickets, but nothing that comes close to the amount of time they are now facing.</p>

<p>This Nassau County Traffic Case gets more into the blame and fault that one might see in a civil court case – not in a Nassau County Criminal Defense Case. Jurors were essentially asked to speculate and determine if the driver’s actions were so egregious that another driver could not be expected to avoid the crash and that the root cause of the deaths was Ocasio-Alcazar. The jurors decided that he was and a judge appeared to agree – issuing what amounts to a life sentence for the 42-year-old defendant.  Our Nassau County Traffic Attorney represents drivers cited or charged with the entire range of traffic crimes, from traffic homicides on down to standard speeding tickets.</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 Nassau County Traffic Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Tickets from red light cameras now for real at several Jacksonville intersections]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/tickets-from-red-light-cameras-now-for-real-at-several-jacksonville-intersections/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/tickets-from-red-light-cameras-now-for-real-at-several-jacksonville-intersections/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Wed, 05 Feb 2014 14:11:20 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>Tickets are now being issued from red-light cameras at three busy Jacksonville intersections, adding to the list of places drivers can be forced to pay fines in these automated Jacksonville Traffic Cases. The cameras have been up for some time, but tickets cannot be issued immediately when the camera are installed, according to a report&hellip;</p>
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<p>Tickets are now being issued from red-light cameras at three busy Jacksonville intersections, adding to the list of places drivers can be forced to pay fines in these automated Jacksonville Traffic Cases.  The cameras have been up for some time, but tickets cannot be issued immediately when the camera are installed, according to a <a>report</a> on News4Jax. Actual tickets can only be issued after the camera has been installed and active for one month. The tickets began on violations at the end of January and carry a $158 fine, according to the news report. Drivers have been receiving warning notices in the mail if they have been caught running the lights at these three intersections, but the fines in these Jacksonville Traffic Cases are what really matter.</p>

<p><a>Jacksonville Traffic Cases</a> can be expensive, and the real cost comes down the road, when the points assessed to a driver’s license start to add up. Red light camera tickets are a little different, and that’s why some have criticized the cameras as simply a money grab for the counties that install them. Unlike any other moving violation in a Jacksonville Traffic Case, red light camera tickets do not have points that count against a person’s driver license – IF the $158 fine is paid within 30 days. But, in order for a driver to protest a red light camera ticket in a Jacksonville Traffic Case, the driver must let that 30-day window expire for the ticket to become a traditional traffic ticket. By that point, though, the fine has jumped by more than $100 and the driver faces three points on his or her license.</p>

<p>That’s a risk counties are likely hoping drivers won’t take. They are hoping drivers see the evidence on the photo, figure they can’t win, and just write the check for the $158 to move on. Any many probably will, especially because the risk of points can be expensive in the long run. Points can lead to soaring car insurance rates, and could eventually lead to a license suspension. In Florida:</p>

<p>–	If a driver has 12 points in one year, his or her license is suspended for 30 days –	If a person gets 18 points in 18 months, a 3-month suspension is issued –	Drivers lose their license for one year for 24 points in a three-year span 
Fighting a Jacksonville Traffic Case in court can often lead to points and fines being reduced. But, if drivers are not facing points on a red-light camera tickets, many may not think it’s worth it to fight the ticket and bring points into play.</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 Traffic Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Man convicted of six counts of vehicular homicide in Nassau County crash]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/man-convicted-of-six-counts-of-vehicular-homicide-in-nassau-county-crash/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/man-convicted-of-six-counts-of-vehicular-homicide-in-nassau-county-crash/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Tue, 21 Jan 2014 13:44:34 GMT</pubDate>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>A Nassau County man now faces up to 90 years in prison after being convicted of six counts of vehicular homicide this month. Prosecutors said Pedro Ocasio-Alcazar was driving recklessly when he sideswiped a car, starting a reaction that led to the death of six people in 2010, according to a report in the Florida&hellip;</p>
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                <content:encoded><![CDATA[

<p>A Nassau County man now faces up to 90 years in prison after being convicted of six counts of vehicular homicide this month.  Prosecutors said Pedro Ocasio-Alcazar was driving recklessly when he sideswiped a car, starting a reaction that led to the death of six people in 2010, according to a <a>report</a> in the Florida Times-Union. Vehicular homicide is a second-degree felony in Florida, punishable by up to 15 years in prison. Because he was convicted of all six counts, Ocasio-Alcazar, 42, faces up to 90 years in prison when he is sentenced next month.</p>

<p>Ocasio-Alcazar was accused of speeding and driving recklessly on a rural Callahan highway when he sideswiped a car with six people inside, the newspaper reported. The car slid into the median, was hit by a truck and flipped, the newspaper reported. Even though Ocasio-Alcazar’s vehicle wasn’t the one that hit and eventually killed the driver and five passengers, police and prosecutors deemed he was at fault and charged him with six counts of vehicular homicide.  In Nassau County Traffic Cases, vehicular homicide can be charge when a death is “caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another,” according to Florida statutes. That’s the key issue in this Nassau County Traffic Case, whether Ocasio-Alcazar was driving recklessly or dangerously enough that he should have known his actions were likely to kill someone. Ocasio-Alcazar disagreed vehemently, taking the stand and saying he wasn’t the one who caused the deaths and demanding an apology from the state for even charging him.</p>

<p>Vehicular homicide is a difficult charge for both the state and a Nassau County Criminal Defense Attorney. One on hand, proving the degree of recklessness is difficult, especially because everyone understands that Ocasio-Alcazar did not set out to kill anyone, let alone six people. But from a Nassau County Criminal Defense perspective, it’s natural for a jury to want to hold a person accountable when six family members are killed. It likely did not help that Ocasio-Alcazar had a history of traffic tickets and license suspensions, which likely swayed the jury in the direction that he should have known better. Drivers in these cases are typically not hardened criminals who have been through the system before, and are generally facing a lengthy prison sentence for the first time in their lives. Our Nassau County Traffic Attorney defends all types of traffic offenses, from moving violations on up to vehicular homicide.</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 Nassau County Criminal Defense Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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