Uncategorized - The Mussallem Law Firm, P.A.

Jacksonville man charged with exposing himself to North Florida students

The Mussallem Law Firm — Thu, 02 Mar 2017 16:43:10 GMT

A local man is facing three separate criminal cases related to him allegedly exposing himself to the University of North Florida students. According to an article on news4jax.com, the man showed his penis to two woman students on the actual campus and two women off campus. The man is facing one count of misdemeanor stalking and four charges of exposure of sexual organs. The stalking charge stems from allegations that after exposing himself to one of the students, he followed her in his vehicle all over town. The woman saw the man’s car tag and it matched the suspect’s car. This particular stalking charge is a first degree misdemeanor punishable by up to one year in jail. In order to prove it, the State Attorney’s Office must prove the man willfully, maliciously and repeatedly followed, harassed or cyberstalked the woman.

The other charges of exposure of sexual organs fit the same pattern, according to reports. The man allegedly asked the women for directions or some other question while masturbating. Police showed the women photo spreads of potential suspects and all of the women picked him out of the lineup. The women also described the man’s car and surveillance video shows the women making contact with the same vehicle.

Exposure of sexual organs, while not a delineated Jacksonville sex charge, is still considered sexual in nature and more serious than other misdemeanors. This Duval misdemeanor is also a first degree misdemeanor and the law makes it unlawful to expose or exhibit one’s sexual organs in public or on the private property of someone else in a vulgar or indecent manner. The law also applies to being naked in public.

Even though these are misdemeanor charges, the prosecutor assigned to the man’s case will almost assuredly think there is a sexual issue with this particular suspect because of the amount of alleged victims. If the man enters plea negotiations with the State, part of the proposed sentence will probably include the man getting a psychosexual evaluation and complying with any recommended follow-up treatment. This evaluation is performed by a doctor and determines the risk someone poses to the community. Counseling and periodic polygraph examinations are usually the recommended treatment.

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

Ruben Ebron tries to enter a negotiated plea but Baker County judge won’t accept

The Mussallem Law Firm — Fri, 19 Feb 2016 17:54:10 GMT

Ruben Ebron, the center of the investigation into the death of Lonzie Barton, is trying to dispose of his Baker County drug cases, but the judge will not accept the negotiated disposition. According to a report in the Florida Times Union, Ebron entered pleas of no contest to the drug charges and one count of resisting an officer without violence. The deal made with prosecutors was that he would serve two years in prison and that sentence would run concurrent (at the same time) as his Duval County case. The judge in this Baker County criminal case chose not to accept the offer. The state attorney’s office and his criminal defense lawyer must go back to the drawing board to construct a deal that will be acceptable to the judge.

In some criminal cases in Duval County, judges will reject a plea deal. Criminal judges have discretion to accept or reject any negotiated dispositions. When someone is arrested for a crime in Jacksonville or elsewhere in Florida, the case can resolve in a few ways. The state attorney’s office can drop the charges outright and of course, that is the best possible outcome. If the prosecutor elects to file formal charges, then a defendant can fight the charge and make the prosecutor prove it beyond all reasonable doubt. This includes deposing possible witnesses in the case and may eventually lead to a trial. Very few cases actually end up in a trial, probably around 2 %. A criminal defendant may choose to enter a plea “to the court”. This means you enter a plea of guilty and place yourself at the mercy of the judge. You are entitled to a sentencing hearing where you will be given the opportunity to present mitigating witnesses on your behalf as well as speak to the court yourself.

The far majority of criminal cases end up being negotiated. This means that the prosecutor or the defense makes an offer to the other and if accepted, a plea is entered to the court. Some times, judges think the sentence is too light and will reject the plea outright. Some will tell you what sentence they will take and some will just hint. The value of hiring an experienced Jacksonville Criminal Defense Attorney is that they will know the ins and outs of the courthouse, the prosecutors assigned to the case and sometimes most importantly, the judge.

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

Jacksonville student arrested, accused of calling in bomb threat to school

The Mussallem Law Firm — Sat, 26 Dec 2015 15:53:43 GMT

A Jacksonville teen was arrested on charges of making a false bomb threat that forced police and school officials to put his high school on lockdown earlier this month. After the threat was called in, police searched the campus but did not find anything on the property, according to a report on News4Jax. Police said that a teacher told them the student confessed to her, but the student has since denied that’s what he told her, the television station reported. Police say the student has offered different stories, but both involve someone else using his cell phone to make the call, the television station reported. Still, he was arrested more than a week after the threat was called in and charged with making a hoax bomb threat. The charge is a second-degree felony with a maximum penalty of 15 years in state prison.

The charge is somewhat complicated by the fact the student is just 15 years old. In Jacksonville Juvenile Crimes Cases such as this when teenagers are arrested on felony charges, prosecutors have the authority to make the decision on whether to charge the child as a juvenile or as an adult. Prosecutors can choose to keep the case in juvenile court, or they can decide the youth should be prosecuted in adult court. In some cases, prosecutors are seen as being tougher on crime by sending juveniles to adult court. However, the juvenile court system is there for a reason – with recognition that youth can make mistakes and be seriously punished, but not have those mistakes affect the entire rest of their life.

When a child or teen pleads guilty to or is convicted of a Jacksonville Juvenile Crime, there are five different incarceration options a judge can issue to the boy or girl. They range from a modified house arrest on up to what amounts to a prison for juveniles. The misconception that if teens are tried in juvenile court they are not punished is simply not true. It’s simply a recognition that it a 15-year-old boy who makes a mistake and calls in a bomb threat to his school probably doesn’t need to be serving time in adult state prison. Our Jacksonville Juvenile Crimes Attorney represents teens and children accused of a variety of different crimes, including felonies like this case. Our Jacksonville Criminal Defense Attorney will examine the facts of the case explain the ramifications so you can make the best decision going forward.

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

Two arrested, accused of growing marijuana in St. Johns County neighborhood

The Mussallem Law Firm — Wed, 18 Feb 2015 18:36:32 GMT

Police raided a St. Johns County home this month and removed what they described as a sophisticated marijuana grow operation. Investigators took dozens of marijuana plants and said they also found what was described as a hash oil extraction system, which extracts the oil from the marijuana plants, according to a report by News4Jax. The couple living in the home was arrested and both are facing three felony charges. They are charged with producing marijuana, possession of marijuana with intent to sell and owning or renting a home with the purpose of manufacturing contraband. All three charges are third-degree felonies with a maximum penalty of five years in prison. Both are facing a possibility of 15 years in prison in this St. Johns County Drug Crimes Case, if convicted and the judge choses to run the sentences consecutively. They are both also charged with one misdemeanor count of possession of drug paraphernalia, but that’s a minor charge compared with the three felonies.

In St. Johns County Drug Crimes Cases, the amount of a drug a person is accused of possessing plays a major role in the charge. For example, growing marijuana can be considered drug trafficking if police find more than 300 plants. That would make the charge a first-degree felony, with a potential sentence of 30 years, not to mention minimum mandatory sentences that come into play. Police initially talked about dozens of plants in this St. Johns County Drug Crimes Case, so it appears that threshold will not be met. There are, however, several different charges that can come into play for growing marijuana, as evidenced in this St. Johns County Drug Crimes Case. On top of the three charges that have been filed, it will be worth watching to see if prosecutors end up filing additional charges related to the hash oil. If prosecutors can prove what it was being used for, prosecutors may be able to charge it separately because it could be seen legally as a separate drug and a separate product. Initial media reports did not indicate the people living in the home were selling the marijuana and neighbors did not talk about people coming in and out of the home as they would typically do if it was a place where people were frequently buying drugs. Our St. Johns County Drug Crimes Attorney represents people facing all types of drug charges, from misdemeanor possession charges on up to trafficking. Our St. Johns County Criminal Defense Attorney is experienced in investigating drug charges and will thoroughly examine the details of the case against you or your loved one.

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

NFL player busted for selling drugs, number of other players allegedly on clients list in “double digits”

The Mussallem Law Firm — Thu, 22 Dec 2011 09:37:35 GMT

Seeing a professional athlete get pinched on a drug possession charge or a DUI is hardly headline news these days. But when a Chicago Bears wide receiver was arrested last week accused of trying to set up a weekly $700,000 purchase of marijuana and cocaine, heads turned. Especially when a report surfaced that the feds had a list of Sam Hurd’s clients that included fellow National Football League players into the “double digits,” according to a report in Sports Illustrated. Federal authorities reportedly built their case through wiretaps and conversations with confidential informants. Hurd was arrested last week after trying to buy four kilograms of cocaine from an undercover agent, the magazine reported. Shortly after the arrest, speculation ran rampant once the alleged client list was leaked. The names are still unknown – but it is undoubtedly a list no one in the league is looking to be on.

But how much could that actually prove? Not much, if all they have is a name.

Agents could then talk to the people on the list, but if they don’t talk, there may be little that authorities can do. But if Hurd talks to try to save himself, or if any of these NFL players are caught on the wiretaps, it could be big trouble.

When a criminal case gets to trial, the jury must find that charges are proven beyond a reasonable doubt. A name on a list doesn’t get there. But who knows what cards the feds have they aren’t showing right now. The first thing anyone on that list – or anyone who thinks they might be on that list – should do is contact a criminal defense attorney as soon as possible. Heading things off at the start and getting a criminal defense attorney on board to start preparing is essential – whether you are an NFL player or a factory worker with the AFL/CIO. Our Jacksonville criminal defense law firm has represented hundreds of people on drug charges – from possessions to trafficking charges in Jacksonville, Clay County, Nassau County and St. Johns County. We know what the state must prove and that the evidence needed to make an arrest isn’t always strong enough to hold up in front of a jury.

If you need a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm, PA at (904) 365-5200 for a free consultation. Our Jacksonville Drug Crimes Lawyer is available 24 hours a day, 7 days a week.