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

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

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 Drug Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

In Florida, a law enforcement officer includes police, correctional officers, probation officers and Fish and Wildlife Commission officers. A battery is when someone intentionally touches another against their will. If the “victim” of a battery is a civilian, the criminal charge is considered a misdemeanor in Duval County. When the victim is a law enforcement officer, the charge is elevated to a third degree felony. Because the woman is a teacher, she likely has no criminal history. Programs for people who have no previous arrests may allow her to have the charge dropped if she completes certain requirements, such as anger management and performing community service. Probation in Jacksonville is also an option.

The other teacher is a chorus teacher at First Coast High School. She is accused of having sexual contact with a student. According to an article in the Florida Times Union, the victim was sixteen or seventeen years-old at the time. This teacher has been charged with several counts of Unlawful Sexual Activity with Certain Minors. Each of these charges is a second degree felony, punishable by up to fifteen years in prison and the possibility of becoming a sex offender in Florida. Under Florida law, when a person who is 24 years-old or older engages in sexual activity with someone who is 16 or 17 years-old, they can be arrested for this charge. Each act is considered another crime. Sexual activity includes oral, anal or vaginal contact. Under this law, the “victim’s” sexual history is considered not relevant. As with the other teacher, this chorus director likely has no criminal past. And although the victim’s prior sexual history is not considered important under the letter of the law, it is very important to understanding what happened and important in mitigating the charge.

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 Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The suspect is charged with Attempted Murder by committing a Dangerous Act Evincing a Depraved Mind without Premeditation, or second degree murder. In Jacksonville and all of Florida, second degree murder is the unlawful killing of a person caused by any action imminently dangerous to another person showing a depraved mind regardless of human life. Premeditation is does not have to be proven for this degree of murder charge. The maximum punishment for second degree murder in Florida is Life in prison, but is lessened if the crime is an “attempt”. If the victim dies from the injuries, this charge will no longer be “attempted” and the charge will be upped to murder. In addition to the murder charge, the man will likely also be charged with Grand Theft Auto in Duval County. The car he was allegedly driving was reported stolen prior to the incident. This theft charge is a third degree felony, punishable by up to five years in prison.

Any time a person is arrested for a felony charge in Jacksonville, the State Attorney’s Office assigns a particular prosecutor to that case. The prosecutor has great discretion in what happens in a case. They have to look at the apparent evidence and decide if there is a reasonable probability of conviction at trial. Prosecutors talk to the officers involved as well as witnesses in making their decision. It is of the utmost importance for any suspect to have a lawyer represent them at this critical time of the case. A knowledgeable and experienced Jacksonville Criminal Defense Attorney will make contact with the prosecutor involved and present mitigation as well as additional evidence the police often miss.

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

The man is charged with video voyeurism, which is considered a second degree felony in this case in Florida. The maximum punishment if convicted is fifteen years in prison. To prove the crime of video voyeurism in Jacksonville, the state attorney’s office must prove that the man intentionally used an imaging device to view or record the boy, without the boy’s knowledge or consent, who is privately exposing his body. “Privately exposing the body” is defined as exposing a sexual organ. “Imaging device” can be any electronic viewing device, camera, video camera or cell phone. The state of Florida would also have to prove that the recording was made for the man’s amusement, sexual arousal or gratification. Because the man is twenty nine years-old and the boy is six, the crime is elevated to a second degree felony. If the suspect was under nineteen, the voyeurism case would be considered a first degree misdemeanor.

While the crime of video voyeurism is sexual in nature, it is not considered a sex crime in Jacksonville that would require sex offender/predator registration. Even though registration is not required when convicted of this crime, the likely punishment would include probation to complete many of the conditions required on a sex offender probation in Duval County. The conditions may include getting a psychosexual evaluation and comply with any recommended follow-up, not being allowed to have unsupervised contact with minors, payment of restitution to the victim’s family for any psychological treatment of the boy, and possibly the wearing of a GPS monitor while on probation.

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 Voyeurism Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The man is facing kidnapping with a weapon and sexual battery charges in Florida. Both charges are considered life felonies in Jacksonville. To prove the charge of kidnapping in Florida, the state would have to prove that the man confined, abducted or imprisoned the woman by force, secret or threat with the intent to commit any felony. Sexual battery is defined as any oral, anal or vaginal penetration or union with the sexual organ of another person without their consent. The State Attorney’s Office has established a new unit within their office to handle these “cold cases”. As more and more rape kits are tested, more and more people will be identified through DNA and will be eventually be arrested in Jacksonville on sex charges. While DNA evidence is powerful, there is a spectrum of levels the DNA matches and points to a particular person. The level of accuracy of the evidence found depends on how much of a foreign DNA strand is located in the kit.

Sexual charges are the most serious charges one can face. They are punishable as if you have killed someone and there is rarely physical evidence. Just someone saying it happened. If you or someone you love is accused of committing a sex crime in Duval, Clay, Nassau or St. Johns Counties, call an experienced criminal attorney immediately. You have the right to remain silent. Exercise that right and call.

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 Sex Crime Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The charge the man is facing is child abuse, which is a third degree felony in Jacksonville. “Child abuse” is defined as intentionally inflicting physical or mental injury on a child, intentionally committing an act that could reasonably be expected to result in physical or mental injury to a child, or active encouragement of a child to commit an act that results or could be expected to result in physical or mental injury to a minor.

Corporal punishment, or physical punishment, is still legal in the United States. You are allowed to physically discipline your child. That being said, police are arresting parents at a higher rate in recent years for child abuse charges in Duval County and all over Florida. If a child has ANY mark on them and the child tells authorities that the mark came from physical punishment, the Department of Children and Families and the Jacksonville Sheriff’s Office are most likely going to contact the parent or guardian. It is up to the officer that interviews the parent or guardian to make the call on whether or not to arrest. Out of an abundance of caution, many parents are arrested on this felony charge. Once the arrest is made, a judge make a decision about bond and the parent will have a court date approximately 2 weeks from arrest. This is a critical time. If you have been arrested for child abuse or child neglect, contact an experienced child abuse attorney in Duval County immediately. Just because you have been arrested does not mean that the state attorney’s office will file charges. Whenever anyone is arrested on any felony or misdemeanor in Jacksonville, a prosecutor has the discretion to file or not. A criminal defense lawyer can accumulate mitigating information and provide evidence to present the whole story.

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 Child Abuse Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The crime the brothers have been arrested for is Organized Scheme to Defraud in Florida. A “scheme to defraud” is defined as a systematic and ongoing course of conduct with intent to defraud a person or persons or intent to get property from a person or persons by false or fraudulent pretenses, representations or promises of a future act. If the value of the property, or money in this case, is $50,000.00 or more, the crime is considered a first degree felony in Florida. For each of these charges, the men are looking at a maximum of 30 years in prison.

The men will probably not get decades in prison because one of the factors the State Attorney’s Office considers is their ability to provide restitution to the alleged victims. Restitution is re-payment of money taken. It is obvious from the report that the restitution amount will be in the hundreds of thousands of dollars. It is not clear whether or not these brothers have the ability to pay back all of it, but they may be able to pay some. Often times in Fraud cases in Jacksonville, any jail or prison term is followed by years of probation. The main condition of fraud probations in Duval County of the payment of restitution to make the victims whole.

Another consideration will be multiple charges in multiple counties. As an Experienced Fraud Attorney in Jacksonville, I have represented may clients with charges in more than one jurisdiction. If the client wants to negotiate a disposition on all cases, the goal is to get the cases to run together, or concurrently. All aspects of a potential sentence can be discussed and negotiated before a case is resolved.

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 Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The teacher is charged with two separate crimes. The first is Sexual Performance by a Child, which is a second degree felony. This charge carries up to 15 years in prison and a sexual offender designation. In Jacksonville, “sexual performance” is defined as any performance that includes sexual conduct by a child less than 18 years of age. A “performance” is further defined as any play, motion picture, picture, exhibition, show, image, data, computer depiction, representation or other presentation over a period of time. In order to prove this charge in Duval County, the state attorney’s office has to prove that the teacher, knowing the content, he or she produces, directs or promotes any performance that includes sexual conduct of a child.

The other charge the teacher is facing is Transmission of Material Harmful to Minors by Electronic Device or Equipment. The man has to have actual knowledge or believed the recipient of the communication was a child. Knowing this, the state of Florida has to prove that the teacher believed he was transmitting an image, information or data that is harmful to minors. This charge is one level down from the previous charge. It is considered a third degree felony, punishable by up to five years in prison.

It is always a serious matter when someone is accused of sex crimes in Jacksonville, but it is particularly terrible when the accused is a teacher. Just based on an accusation, the teacher will lose his job. Even before any plea or conviction. If you are accused, or hear of any possible accusations coming your way, contact an experienced sex crime attorney in Jacksonville as soon as possible.

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 Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

There are a couple of things that make Miller’s case unusual. First, the fact that he was placed in the diversion program to begin with. It is very rare for a criminal defendant to be offered diversion for a domestic battery charge. Although the charge is a misdemeanor and not a felony, obviously it is considered a crime of violence. Diversion programs are usually reserved for non-violent crimes, such as theft crimes. Domestic violence charges in Jacksonville usually do not make the list.

The second unusual part of this case is that the alleged victim, Miller’s wife, petitioned the county court to re-open the case and consider the possibility of kicking Miller out the diversion program. According to the news report, the wife claimed that she was not given the opportunity to speak on her own behalf to the judge. The victim of any case, particularly cases in which violence is alleged, are given the opportunity to address the court before sentence is decided and imposed. These cases are very “victim driven”, meaning what the alleged victim tells the State Attorney’s Office and the Judge presiding over the case are given a lot of weight.

If you have been arrested for any domestic violence charge in Duval, Clay, Nassau or St. Johns County, it is important to consult with an experienced criminal defense lawyer who practices in these counties often. Prosecutors assigned to the case have vast discretion in that they do and do not file. The benefit to hiring a Jacksonville Domestic Battery Attorney is that we can meet with the Assistant State Attorney before a decision is made, presenting your side and your evidence.

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 Domestic Battery Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Video voyeurism is not a common crime in Jacksonville, but that is the charge this man faces. In order to convict someone of this Duval County sex crime, the State Attorney’s Office has to prove that the man intentionally used or installed an imaging device to secretly view or record the women, without them knowing. They have to have been undressing or privately exposing their body at a place and time when they had a reasonable expectation of privacy. Installing the camera has to be for his amusement, entertainment, sexual arousal, gratification, profit, or to degrade another person. As you can see, there are quite a few things the prosecutor assigned to the case would have to prove.

Because the man is nineteen years of age or older, the crime of video voyeurism is considered a felony. If convicted, the man faces up to five years in prison. If the man was under nineteen, the crime would be considered a misdemeanor, punishable by up to one year in jail.

It is unclear what the relationship of the man and two women who lived in the home was, but the man did live there. It was his shower as well. At this point in the case, a prosecutor will be looking at all of he evidence to decide what charge to file, if any. That is why it is so important to consult with an experienced Jacksonville criminal attorney as soon as possible after arrest. The State Attorney’s Office has a lot of discretion in who and what they charge. You must have someone fighting for you.

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 Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Prosecutors in the state of Florida have the discretion to charge a juvenile as an adult. If charged, the child faces the same punishment that an adult would facing the same criminal charges. If a child is found guilty in adult court, the sentencing judge could sentence the child to adult sanctions, such as sending the child to adult prison. In Florida, a boy can be housed among men if he was charged in adult court. Sentencing judges also have the option to impose juvenile sanctions, such as committing the child to a juvenile program. Regardless of the sentence, if convicted in adult court, the record will stay with the child for the rest of their life.

In order to treat the child as an adult, the state attorney’s office has to file a piece of paper with the court system. Once filed, there will be a capias (bench warrant) issued and the child will be arrested again. Often times, there will be an adult bond set on the charges, even if the child has been released by the Jacksonville juvenile court. The child will be taken to adult jail in Duval County, where there is a special wing for the children being treated as adults. If the family can, they will bond the child out while the case is pending in adult court. If not, the child will remain incarcerated in adult jail awaiting their fate.

Prosecuting children as adults is usually reserved for the most heinous of crimes, such as murder, violent or sex crimes. In the previous state attorney administration, assistant state attorneys would charge children as adults for non-violent, non-sexual crimes also, such as burglaries and felony thefts. The current office now has a delineated process to look at each juvenile case in Duval, Clay and Nassau Counties this life-changing decision is made.

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 Juvenile Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

This arrest was out of a sting called Operation Cruel Summer. Periodically, police departments all over Florida conduct online trolling operations and make several sex crime arrests. Local law enforcement will usually post an online profile on a website, such as Craigslist. The men will begin a chat with a detective posing as a child and the “child” will eventually reveal his or her age. Some of the men continue the conversation, whether via email, text or messaging. Some men will ask for pictures and send pictures of themselves. Some clothed and some not. Often times, the “child” will ask the men to meet up at a location, usually their house. This house has been procured by the police and is full of officers waiting to pounce on the suspect as soon as he comes to the door.

The charges that come out of these stings can vary, but the most common are what the firefighter has been charged with. Solicitation of a child via computer is a third degree felony and is considered a “sex” crime in Florida. If convicted, at a minimum, the man will be a sex offender for the rest of his life. Any person who uses a computer service to seduce, solicit lure a person believed to be a child to commit a sex act is guilty of this offense. The maximum time in prison for this St. Johns County sex case is five years. The other felony charged is unlawful use of a two-way communication device, which also is a third degree felony. Although punishable by the same amount of prison time, this is not considered a sex crime in Florida. Any person who uses a two-way communications device, such as email or text, to facilitate or further the commission of ANY felony commits this crime.

Even though not charged in this case, the other sex crime most commonly charged in these sting operations is traveling to meet a minor. If the man traveled any distance to seduce, lure, entice or attempt to get a child to engage in sexual conduct, they can be charged with traveling. This is a more serious felony, second degree, and is punishable by up to fifteen years in prison. It is also considered a sex crime.

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 Sex Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

When a call comes into Jacksonville 911 alleging a domestic disturbance, someone is going to jail. In order to make any arrest, the officer has to have probable cause. Probable cause means more likely than not, a crime was committed by the person being arrested. Unfortunately, Jacksonville police do not always have probable cause to make an arrest in every domestic battery call, even though they almost always make an arrest. In the case above, there were bite marks as well as the testimony of the alleged victim. It is unclear whether or not the officer gave his side of the story. He, as well as every other citizen, has the absolute right to remain silent.

The officer was released on his own recognizance, also referred to as ROR in Jacksonville. This means he was released without having to post a bond. This is not always the case, especially with domestic violence charges in Duval. Judges have to consider whether the accused is a flight risk as well as considering whether or not the person is a danger to the community or the alleged victim. The judge in the offier’s case added the condition that he have “no victim contact”. No contact means no contact, even through a third person. If it is proven the officer did have contact with his wife, he could be placed back in jail while his case is pending.

The jacksonville.com report also indicates that this officer has had a history of internal complaints as an officer, which include citizen complaints.

In order to be convicted of domestic battery in Jacksonville and Florida, the state attorney’s office must prove that the suspect intentionally touched the victim against their will or intentionally caused bodily harm. The officer’s case is now in the hands of the prosecutor assigned to it. That prosecutor will make a decision on whether or not to file the case as charged.

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 Domestic Battery Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

As soon as a police officer orders you to stop or puts the handcuffs on, you are detained. You have the absolute right to be silent. Exercise that right. Absolutely EVERYTHING you say can be used against you in court. You will be eventually be transported to the Duval County Jail and be processed. Once you reach the your floor of the jail, you can make collect phone calls. Most of the time, you will not be able to bond out of jail in Duval County until you go in front of a judge. This is called first appearance court, or J-1 for short in Jacksonville. When you go in front of the judge, you will be sitting with everyone who was arrested in the last twelve to twenty-four hours. The judge will read the arrest and booking report and make two determinations. First, he or she will determine whether or not there was probable cause to arrest you. This means more likely than not, a crime was committed. Second, the judge will determine your conditions of release. Most of the time, the judge will impose a monetary bond that you will have to post to bond out of jail in Jacksonville. If you can afford to pay the whole amount of the bond, at the conclusion of your case, the entire amount will be returned to you. You can also utilize a bail bondsman. You, or your loved ones, must give the bondsman ten percent of the bond amount and they will vouch for the rest. You must also provide some type of collateral, such as a car title, for the amount above the ten percent. When your case is disposed of, you get the collateral back and the bondsman keeps the ten percent.

Often times in Jacksonville, the bonds are set extremely high. Higher than most every other county around. If your loved one’s bond is set too high for you to meet, there is hope. Contact a Jacksonville Bond Reduction Lawyer immediately. We can move the court to lower the bond at any time, presenting evidence of your ties to the community, employment information and family situation.

If you have been arrested for a felony in Jacksonville, you will be given a future court date about three weeks out. That time in between is the most crucial of any felony case. A prosecutor will get assigned to your case and they will make a decision about whether or not to file the felony charge. It is important to have an experienced Duval County Attorney advocating for you before that decision is made. If you are arrested for a misdemeanor in Jacksonville, you may be given the option to enter a plea in first appearance court. If you have not consulted with an attorney, do NOT enter any guilty or no contest plea in first appearance court. Plea NOT guilty and you will have the opportunity to call a Duval County criminal lawyer to discuss your rights.

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 Bond Reduction Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

When any minor juvenile is arrested in Duval or Clay County, they are taken to the Juvenile Detention Center on 8th Street in downtown Jacksonville. The Department of Juvenile Justice analyzes the charge and the child’s prior arrest history of lack thereof. The child is assigned a score that determines whether or not they will remain detained. If their score is less than “12”, the child is released to the parents or guardians. If the child scores 12 or over, they are held overnight and will be in front of a judge within 24 hours to determine ongoing detention. If your child is arrested, contact an experienced Juvenile Arrest Lawyer in Jacksonville as soon as possible. Even if your child is held overnight, they can still be released by the judge the next day if the proper arguments are made to the Court.

These children have been charged with battery on a school official in Duval County. A school official is defined as any person who is an employee of a school district, a private school, any state university or any other entity of the state system of public education. Basically any person who works in a school. A battery in Florida is defined as intentionally touching a person against their will or intentionally physically harming a person. This is normally a first degree misdemeanor, but becomes elevated to a felony if the alleged victim is a school official. It is classified as a third degree felony.

When a child is arrested on any juvenile charge in Jacksonville, they are not facing prison per se. The only way a minor can be sent to prison is if the State Attorney’s Office files paperwork to treat the child as an adult. In most Duval juvenile cases, the child is treated as a child in the juvenile court system. While there are no prisons or jails, there are levels of punishment that include detention. As the charge becomes more severe, so do the possible levels of punishment.

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 Juvenile Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The first, and most serious charge, is capital sexual battery in Jacksonville. If a person is convicted of this charge, the judge would have to sentence that person to life in prison. A judge would have no discretion. Capital sexual battery is when an adult commits a sexual battery on a child under twelve years of age. “Sexual Battery” is defined as any oral, anal or vaginal penetration, or touching of, by sexual organ of the perpetrator or by an object. The other sex charge is showing obscene materials to a minor. A person cannot knowingly sell, rent, loan, give a way, distribute, transmit or show any obscene materials to a minor. “Obscene” is defined as material that the average person would, taken as a whole, appeal to prurient interests, depicts in an offensive way sexual conduct and taken as a whole lacks any serious literary, artistic, political or scientific value. “Materials” are any book, magazine, periodical, pamphlet, newspaper, photo, video, etc.

The Sheriff’s office, according to the report, interviewed the man in this case and he allegedly confessed to the crime and possibly admitted to others. When someone is accused of a sex crime in Duval County, the police follow a protocol. A call comes into the police, usually through 911, and a patrol officer goes to the scene. The alleged victim, or victim’s parents, talk to the patrol officer. A sex crime detective is assigned at some point after and a Child Protection Team forensic interview is scheduled. The child is taken to the interview and without the parents being present, the child is interviewed. That forensic interview is usually videotaped.

After the child interview is completed, the detective will attempt to talk to the suspect. If you have been accused of a sex crime, or any crime for that matter, you have a right to remain silent. Exercise that right. As part of police training, police are taught interrogation techniques. They are taught to lie to a potential suspect to attempt to get admissions. Yes, you read that right. Detectives are taught to lie as part of their questioning. When accusations are brought out, you should immediately call an experienced sex crime attorney in your area.

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 Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

If the state of Florida, child neglect is defined as a caregiver/parent/guardian’s failure or omission to provide the child with the care, supervision and services that are required to keep the child physically and mentally healthy. This includes providing food, clothes, shelter, supervision, medication and medical services. In this case, the man is currently charged with willfully, or by culpable negligence, neglecting a child and that neglect caused great bodily harm, permanent disability or permanent disfigurement. This case is a tragedy for all involved, including the man arrested. The state attorney’s office will likely not charge him with “willfully” leaving the child in the car, but can justify the child neglect charge based on culpable negligence. If the charge is proven then the child sustained great bodily harm due to the father’s negligence.

Prosecutors assigned to any criminal case in Clay County have broad discretion in what they charge. Assistant state attorneys can file the charge that the person was arrested for, add more charges, drop charges, reduce a felony charge to a misdemeanor or refer a defendant to a pretrial diversion program. That is why it is so important to call an experienced criminal defense attorney as soon as possible after an arrest. Even if you have not been arrested yet, but believe you may be, call. Most attorneys offer free consultations, and here at The Mussallem Law Firm, we are available anytime to discuss your criminal issue.

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 Clay County Child Neglect Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Some people believe that DUI’s only involve alcohol, but the standard in Florida is whether or not the driver is impaired by ANY substance. With prescriptions growing for controlled substance medications, such as Xanax and Oxycontin, police look for indicators of impairment beyond the “smell of alcohol”. Even though a pill is prescribed to you, that does not mean you can safely operate a vehicle while taking it.

The DUI diversion program that Woods’ intends to participate in is not in place in every jurisdiction. A diversion program is a program a defendant participates in and after completion, the charge is completely dropped. The DUI diversion program in Palm Beach County demands that Woods pay a fine and court costs, complete DUI school level one, perform fifty hours of community service and complete the Victim Impact Panel put on by Mothers Against Drunk Driving. According to the article, Palm Beach started this program about four years ago.

Duval County does not have a DUI diversion program, yet. Several counties in Florida have begun to look at diversion programs for this driving offense. Most people arrested for DUI in Jacksonville have never been arrested before. The big issue with DUI in Florida is that it carries a mandatory conviction. That means that the judge does not have the discretion to withhold adjudication in any DUI case. If you enter a plea to a DUI in Jacksonville, you will have been “convicted” of a crime for the rest of your life. You can get by the “conviction” if the DUI charge is amended to a reckless driving, which is another misdemeanor. A judge is allowed to withhold adjudication on a reckless charge. In Jacksonville, if the prosecutor agrees to amend the charge, they will usually require that the defendant complete the same probation conditions as in a DUI case. DUI probation requires fifty hours of community service, completion of DUI school, completion of the Victim Impact Panel, a ten day motor vehicle impound, a driver’s license suspension of six months and payment of a heavy fine.

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 DUI Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Even though this arrest did not occur in Jacksonville, the laws are the same throughout the state of Florida. Simple battery occurs when you intentionally touch someone against their will or intentionally cause physical harm to someone. As long as the physical harm is not serious, the battery charge will remain a misdemeanor. Felony battery can be charged in Jacksonville if the defendant causes “great bodily harm, permanent disability or permanent disfigurement”. A battery charge can also become a felony if the victim is pregnant and the offender knew or should have known she was pregnant. As with any criminal case, prosecutors have the discretion to file a case or not. In the case above, it is interesting that the alleged victim reportedly was punched, more than once, by Fowler, but did not sustain any injury.

The other is called criminal mischief. A criminal mischief is committed in Florida when a person willfully and maliciously injures or damages the property of another person. If the damage is two hundred dollars are less, as in Fowler’s case, the charge is a second degree misdemeanor, punishable by up to sixty days in jail. If the damage was over two hundred and less than one thousand, the charge would be elevated to a first degree misdemeanor. If the damage is valued at one thousand dollars or over, it becomes a felony in Florida.

It is not clear if the state attorney’s office is going to file formal charges against Fowler. They will certainly interview the “independent witness” at the scene and the alleged victim. The one perspective they won’t immediately get is Fowler’s. That is where an experienced battery attorney comes in. The attorney can meet and discuss the case with the prosecutor assigned to the case prior to a decision being made. They can also provide possible motivation, such as self defense, and additional witnesses.

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 Simple Battery Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

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

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

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

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 Theft Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.