Defending Your Rights
Prior results do not guarantee a similar outcome.
State of Florida v. A.S.
Accused of raping an intoxicated woman, charge DROPPED
Our client, A.S., was arrested for sexual battery while victim is incapacitated in Jacksonville. This charge is a first degree felony punishable by up to 30 years in prison and being deemed a sexual offender for life. Police responded to a report of rape. The alleged victim told police her and our client went out to a bar and consumed alcohol. She voluntarily returned to his hotel room and claimed our client engaged in intercourse with her without her consent. She told police she told our client several times that she did not want to have sex with him, but he did not listen. The alleged victim waited two days to report this to the police. Our Jacksonville Sexual Battery Attorney presented additional information to the prosecutor assigned to the case and the charge was DISMISSED.
State of Florida v. Z.K.
Impregnated 15 year-old, no sex charge and no felony
Our client, Z.K., was arrested for Impregnating a child and for Contributing to the Delinquency of a Minor in Jacksonville. Z.K. is 22 years-old and the child's mother is 15 years-old. Our client was questioned and admitted to fathering the child. DNA testing confirmed the paternity. Our Jacksonville sex crime attorney presented mitigating evidence to the prosecutor on the case. The felony charge was dropped and Z.K. entered a plea to a misdemeanor. He was sentenced to PROBATION with NO JAIL TIME.
State of Florida v. J.C.
Found naked in a 15 year-old's bed with the 15 year-old, charge DROPPED
Our client, J.C., was arrested in Jacksonville for lewd and lascivious molestation and lewd and lascivious conduct, both sex felonies. Police were called after the alleged victim's sister reported that she walked in her minor brother's room and found our client and her brother naked in bed together. When questioned by police, the boy said that our client straddled his lap and the two kissed for several minutes. He reported that they both got up and went into his bedroom where they completely undressed. Once in bed, naked, together, he told police they continued to kiss and rub each other's genital area. Our client told police he was never in bed naked with the boy and denied the sexual contact. Our Duval County Sex Crime Attorney investigated the case further and discovered that the witness and alleged victim were intoxicated and shot holes in their credibility. These sex charges were completely DISMISSED.
State of Florida v. A.T.
Accused of having sex with a 15 year-old on the eve of his wedding, NO ARREST
Our client, A. T., was under investigation for having sexual intercourse with a 15 year-old girl. Our client was out at his bachelor's party the night before his wedding. The men met a girl at the bar and she was smoking cigarettes while in the bar. The group, including the girl, went to another bar and ended up at a hotel. The girl slept in a separate room, according to the groomsmen, and they all slept in a separate room. The next day, the girl told her father he had sex with our client. The police were called and our client was being investigated for committing a sex crime in Duval County. At that point, he hired our Jacksonville Sex Crime Attorney. After presenting additional information to the investigating detective, no arrest warrant was issued and our client was free to go on with his life.
State of Florida v. A.N.
Professional accused of licking the breasts of patient with alleged confession, NO ARREST WARRANT ISSUED
Our client, A.N., is a professional and was accused of a Jacksonville sexual battery by a patient. The patient went to police and reported that during her examination, our client had her remove her shirt and bra. After the clothes removal, the "victim" claimed that our client licked her breasts. Law enforcement went to talk to our client and recorded their conversation. Police claim that our client confessed to them that he did in fact lick her breasts. English is not our client's first language and whether or not this was an actual confession was a contested issue. Our Duval County Sex Crime Attorney was hired after the police visited our client. After our criminal attorney presented information to the prosecutor assigned to the case, the prosecutor declined to issue an arrest warrant for this sex charge. Our client was NEVER ARRESTED and was able to go on with his life.
State of Florida v. R.M.
14 year-old victim impregnated by our 19 year-old client, sex charge REDUCED TO MISDEMEANOR
Our client, R.M., was arrested in Clay County on a charge of Lewd or Lascivious Molestation of a fourteen year-old victim. This is a second degree felony punishable by up to fifteen years in prison and being labeled a sexual predator for the rest of the accused's life. The "victim" told police she was having a sexual relationship with our client beginning at the age of fourteen and she became pregnant. Other witnesses corroborated her story. Our Clay County Sex Crime Attorney investigated the case further and revealed that the young girl lied about her age to our client, his parents, and on social media. Even though a victim lying about his or her age is not a legal defense to this particular sex crime, the prosecutor agreed to reduce the charge to a misdemeanor and our client was placed on Clay County misdemeanor probation.
State of Florida v. C.F.
17 year-old student claims to have oral sex with teacher, NO ARREST
Our client, C.F., is a teacher and was being investigated for having sexual contact with a 17 year-old student. The student went to the administration and the police claiming our client performed oral sex on him. Our Jacksonville Sex Crime Attorney investigated the case further and it was revealed that the student was blackmailing our client for money and favors at school, such as wanting to be allowed to skip class. This relevant information was presented to the prosecutor investigating the case and our client was NEVER arrested on any charge.
State of Florida v. S.F.
Two 15 year-old girls claim our client had sexual intercourse with both of them, NO ARREST
Our client, S.F., was contacted by a detective at the Jacksonville Sheriff's Office in reference to sexual battery accusations. Two 15-year old girls (run-aways) called the police and accused our client of picking them up outside a building. They claimed our client took them to his house, made them watch pornography and forced both of them to perform oral sex on each other. After all of that, they both claimed he raped them. The police recovered surveillance video from the building and it showed our client driving off with the two girls. Instead of talking to the police, our client called our Jacksonville Sex Crime Law Firm. Our attorney spoke to the detective in the case and met with the prosecuting attorney in charge of making the decision on whether to issue an arrest warrant for our client. The State Attorney's Office did not pursue the case and our client was NEVER ARRESTED.
State of Florida v. W.B.
13 year-old girl alleges forced sexual intercourse with our adult male client, NO ARREST
Our client, W.B., was contacted by a Sex Crime Detective in Jacksonville to discuss sex abuse allegations against him. W.B. contacted our Jacksonville Sex Crime Attorney, Victoria "Tori" Mussallem, and W.B. invoked his right to remain silent. Our attorney contacted the detective and Assistant State Attorney assigned to the case. Our client's brother's wife's child, a 13 year-old girl, accused him of forcing her to have penile-vaginal intercourse. Our Duval Sex Crime Attorney presented more information to the Assistant State Attorney as well as background information that revealed reasons for this girl to be dishonest. Our client was NEVER arrested and was able to go on with his life.
State of Florida v. B.R.
18 year-old caught by police having sex with a 15 year-old, charge DROPPED
Our client, B.R., was arrested in Jacksonville for a charge of Lewd or Lascivious Molestation. This is a Florida sex crime punishable by up to 15 years in prison. Police observed a car parked in the back of a closed church. Upon approaching the car, they noticed a male and female engaged in sex. After investigating further, police determined that the male was 18 years-old and the female was 15. Even though both parties consented, it is a sex crime in Jacksonville to have sex with anyone under 18 years of age. Our Jacksonville Sex Crime Attorney presented mitigation to the prosecutor and the charge was DISMISSED.
State of Florida v. C.V.
Accused of having daughter touch him, charge DISMISSED
Our client, C.V. was arrested in Clay County for Lewd or Lascivious Molestation where the victim is under 12 years-old. If convicted, our client faced 30 years in prison and being a Florida sex offender for life. Our client's 13 year-old daughter was interviewed by the Child Protection Team and disclosed that our client would have her touch his penis from the time she was two years of age until she was eight years of age. She also told the police it would happen when they were home alone. Our client was interviewed by the Clay County Sheriff's Office and made admissions about his daughter touching his penis, but not in a lewd way. Our Clay County Sex Crime Attorney presented evidence and mitigation to the prosecutor assigned to the case. This Lewd or Lascivious Molestation charge was DROPPED and our client was able to reunite with his family.
State of Florida v. J.W.
Lewd or Lascivious Molestation and Exhibition charges DROPPED
Our client, J.W., was arrested in Jacksonville for Lewd or Lascivious Molestation and Lewd or Lascivious Exhibition, both felonies in Florida. If convicted, our client would not only be a sex offender/predator for the rest of his life, but would be facing up to life in prison on these Duval County sex charges. The Florida Department of Children and Families called the Jacksonville Sheriff's Office after the alleged victim, an 8 year-old boy, had been touching himself. When the boy was interviewed by the Child Protection Team, he told the interviewer that our client "humped" him. Our client is married to the boy's aunt. The boy further told the interviewer that J.W. sat on him and moved around in a circular motion. The boy said that our client masturbated and "milk" came out. He did not see our client's penis, but said he used a white cloth to wipe it up. The boy further said that our client rubbed him on the outside of his clothing over his genital area. Our Jacksonville Sex Crime Attorney presented other information to the prosecutor assigned to the case, revealing inconsistencies. These two sex charges were DISMISSED.
State of Florida v. B.W.
Two Lewd Molestation Charges Tried, Two NOT GUILTY verdicts
Our client, B.W., was tried as an adult on two lewd molestation charges in Jacksonville, Florida. Each Duval County sex charge was punishable by up to 15 years in prison. Our client, 16 years-old, at the time of the alleged crime was babysitting with his 20 year-old sister. Two of the girls being babysat claimed that B.W. touched them on the vagina. One girl was 5 years-old and one was 6 years-old. Both were interviewed by the Child Protection Team and both maintained their stories, although the stories changed slightly. Our Jacksonville Sex Crime Attorney fought the case tooth and nail for a year and our client chose to go to trial. Victoria "Tori" Mussallem, our Duval County Sex Crime Attorney, continued to fight the charges in trial and the jury found our client NOT GUILTY of all crimes.
State of Florida v. E.V.
First Degree Sexual Battery charges, NO CONVICTION
Our client, E.V., was arrested in Duval County on a charge of Sexual Battery while the victim was physically helpless. This Jacksonville sex crime is a first degree felony punishable by up to 30 years in prison and a lifelong sexual offender designation. Our client and the alleged victim were at a party together. The alleged victim claimed that she passed out from drinking too much. She told police she awakened to E.V. trying to have sex with her. She said that another person at the party had to pull our client off of her. The alleged victim presented text messages with our client's apology. Police also conducted a "control call" to our client and he allegedly apologized again. Our client was interviewed by the police and told them he did not remember trying to have sex with the alleged victim against her will. Our Jacksonville Sex Crime Attorney presented additional information to the prosecutor along with an expert's report. The Duval County sex crime was dropped to a non-sex charge and our client was NOT CONVICTED of any crime.
State of Florida v. W.L.
Jacksonville Rape Allegations, NO ARREST
Our client, W.L., was investigated by the Jacksonville Sheriff's Office on allegations he committed a Jacksonville Sexual Battery. Our client's co-worker called police after she and our client had sexual intercourse. She told police that our client forced her to have sex with him. After the sex act, she immediately contacted police. Our client was subsequently interviewed by JSO. After he was interviewed, W.L. contacted our Jacksonville Rape Attorney, Victoria "Tori" Mussallem. Our Jacksonville Sex Crime Law Firm investigated the case further and presented other evidence to the police. Our client was NOT ARRESTED on any charges.
State of Florida v. J.M.
Jacksonville Felony Sex Charge of Possession of Sexual Performance by Child DROPPED
Our client, J.M., was arrested for the third degree felony sex charge of possession of a sexual performance by a child under 18 years-old. J.M is 25 years-old. Our client's girlfriend called police after she checked his email and found a video attachment of the victim whom she recognized as a 15 year-old co-worker. The video shows the child exposing her breasts and J.M. fondling them while at work. The victim was interviewed and told police she voluntarily showed her breasts to our client, but was unaware that he filmed the encounter. When interviewed by the police, our client confessed to recording the victim topless, fondling her breasts and emailing the video to a friend. Police searched our client's phone and found the video. Our Jacksonville Sex Crime Attorney presented mitigation on behalf of our client and the Duval County sex charge against J.M. was dropped to a misdemeanor and our client received no jail time.
State of Florida v. A.R.
Jacksonville Sexual Battery Arrest, Duval County Sex Charge Dropped, No Conviction and No Jail Time
Our client, A.R., was arrested in Jacksonville on the charge of Sexual Battery, (also referred to as "rape") The alleged victim called police and said that our client raped her in his home. As soon as the sexual contact was over, she ran out of his house and hid in the bushes until her parents picket her up and took her to the hospital. When interviewed, our client denied having sex with her. A DNA analysis was conducted and our client's sperm was found on the alleged victim. Our Jacksonville Sex Crimes Attorney investigated the case further and revealed many inconsistencies in the women's story. The Jacksonville Sex Charge was dropped, our client was convicted of NO crime and he served NO time in jail.
State of Florida v. K.B.
Lewd Battery Charge - On Day of Trial Jacksonville Sex Charge Dropped!
Jacksonville Sex Crimes Attorney, Victoria "Tori" Mussallem represented K.B. on a Lewd and Lascivious Battery sex charge in Jacksonville, Duval County Florida. If convicted of this sex charge, he would be exposed to up to 15 years in prison and be a lifelong sex predator. (he had two prior arrests for sex charges in the past) Our Duval County Sex Case Lawyer worked up the case for trial and exposed many inconsistencies and conflicts in the state's case against our client. Despite these problems our Sex Charge Defense Attorney revealed, the case remained open because our client's DNA was found on the alleged victim. On the day of trial, the Jacksonville sex charge was dropped, our client was NOT CONVICTED of any crime and was sentenced to NO time in jail.
State of Florida v. J.B.
NOT GUILTY Verdicts in Child Sex Case!
Victoria "Tori" Mussallem, our Jacksonville Sex Crimes Attorney, represented a client in trial on three sex crime charges in Jacksonville and our client was found NOT GUILTY. Our client, J.B., was arrested and charged with Lewd or Lascivious Molestation on a child under 12 years-old, Unlawful Sexual Contact with a Minor, and Lewd or Lascivious Molestation on a child over 12 but under 16 years-old. Two sisters, the cousin of our client's wife, claimed that he touched them sexually. If convicted of these sex cases, our client faced Life in prison.
Both alleged victims disclosed that our client had sexual contact with them for years. Both girls were interviewed by the child protection team where they went into more detail about the alleged sexual abuse in Duval County. Our client was then arrested on the sex charges and the only evidence it happened was their word. Ms. Mussallem quickly investigated the case further and revealed inconsistent statements and motivations to lie. After conducting depositions in the case, Ms. Mussallem revealed even more conflicts in the stories. Despite the conflicts, the state attorney's office elected to proceed with the case. Our Jacksonville Sex Crime Law Firm is not scared or intimidated by trial and Ms. Mussallem conducted a trial for our client.
Ms. Mussallem conducted the trial and fought the prosecutor's office every step of the way. She aggressively questioned the alleged victims and showed their lack of credibility. Ms. Mussallem argued our client's innocence and won. Our client was acquitted of all three crimes! She walked our client out of the courthouse and he is now able to enjoy the holidays with his family as a free man.
State of Florida v. G.J.
Client arrested on mandatory life sex charge, case DISMISSED
Our client, G.J., was arrested in Jacksonville on a charge of Capital Sexual Battery on a victim under 12 years of age. This is a sex charge in Florida that carries a mandatory life sentence if the defendant is convicted. Our client lived with his mother, who ran an in-hope day care center for many years. One of the day care children, a three year-old girl, said that our client "licked" her "down there" and pointed to her vagina. She said that the incident occurred while she was being babysat by our client's mother, but was unable to provide the date the incident occurred. The alleged victim's mother told police her daughter had been attending the daycare at this location for the past two years. G.J. hired our Jacksonville Sex Crime Law Firm and we investigated the case further. After our client was arrested, the state attorney's office made a preliminary offer of 12 years in prison, but our Jacksonville Sex Crime Attorney told the prosecutor that our client said he was innocent and we are not accepting any plea deals. The Jacksonville sex charge against our client was DISMISSED.
State of Florida v. D.T.
Attorney helps prevent mandatory life charges from being filed
Jacksonville police were investigating our client for allegedly touching the breasts of his 11-year-old stepdaughter. He would have been charged with capital sexual battery, a life felony. The charge carries a mandatory life sentence so, if convicted, our client was automatically going to prison for life. Our Jacksonville sex crimes attorney investigated the case before it truly got geared up and prosecutors did not file charges against our client.
State of Florida v. C.S.
Life felony charges against 60-year-old dismissed
Police in Jacksonville arrested our 60-year-old client, accused of fondling and putting his finger in the vagina of a 6-year-old girl. The child told police our client put his finger inside of her and “moved it all around.” Our client admitted to detectives he had his hand on her genitals longer than he should have. Our client was arrested for capital sexual battery (1st degree felony). He was held without bond and, if he would have been convicted, faced a mandatory life sentence in prison. Our Jacksonville criminal defense law firm thoroughly investigated the details and facts of the case and succeeded in getting all charges dismissed.
State of Florida v. T.S.
Charges dismissed after man caught in bed naked with 15-year-old
Jacksonville police investigated our client, 24, after he and a 15-year-old girl were found in bed together, both naked. Police said the alleged victim told them our client said he would take care of her if she would have sex with him. He then allegedly took out his penis and put a condom on. He was charged with lewd and lascivious conduct (2nd degree felony). Our Jacksonville sex crimes attorney examined the circumstances of the case and worked to get the charge dismissed.
State of Florida v. A.C.
Investigation leads to dismissal of rape charges against juvenile
Our client, a Jacksonville juvenile, was arrested after a girl told police he raped her. The alleged victim left the house she was in with our client and had a friend take her to a local hospital, where a “rape kit” examination was done. He was charged with sexual battery (1st degree felony) and our Jacksonville criminal defense law firm took the case. Our Jacksonville sex crimes attorney dug into the charges and got the charge dismissed.
State of Florida v. L.J.
Police investigate man for allegedly touching daughters’ breasts, no charges filed
Jacksonville police started looking at our client after his two daughters, ages 15 and 19, both told police their father had touched their breasts. While detectives were investigating, he hired our Jacksonville criminal defense law firm. Our Jacksonville sex crimes attorney scrutinized the charges and the background of the case and got all potential charges dropped without our client ever being arrested.
State of Florida v. H.H.
Charge dropped against man accused of molesting stepdaughter
Jacksonville police investigated our client after his 12-year-old stepdaughter told her mother and detectives that our client fondling her breasts, kissed her with his tongue and put his finger in her vagina. He was charged with sexual battery (1st degree felony) and two counts of lewd or lascivious molestation (one 1st degree felony, one 2nd degree felony). He was facing up to life in prison if conviction. After a comprehensive investigation by our experienced Jacksonville sex crimes attorney, the charges were dropped.
State of Florida v. J.S.
Rape charges dropped, despite taped phone call “confession”
Jacksonville police arrested our client after he allegedly went into a woman’s house and grabbed her by the neck. He was accused of then forcing her into sex, both vaginal and anal sex, and also put his finger in her vagina. Police recorded a phone call after the alleged rape and said our client said, “I’m sorry for making you do something you didn’t want to do.” Our client was charged with three counts of sexual battery (2nd degree felonies). He was looking at up to 45 years in prison and a lifetime of being a registered sexual offender. Our Jacksonville criminal defense firm got all charges dropped.
State of Florida v. J.S.
Charges dismissed in alleged molestation of 6-year-old
Our client was arrested by Jacksonville police after a young girl told her grandmother and police that our client molested her repeatedly four years ago. Our client used to date the child’s mother and the girl said our client touched her between the legs on her vagina more than 100 times. The girl’s sister told police she saw our client touch her, but was afraid someone would hurt him and kept it to herself. Our client was charged with lewd and lascivious molestation (1st degree felony) and was held with no bond. Our Jacksonville sex crimes firm was able to get the bond cut to $250,003 and allow the use of an ankle monitor instead of waiting in jail. Our Jacksonville criminal defense law firm found inconsistencies in the evidence and testimony, leading to the dismissal of all charges.
State of Florida v. Z.C.
Suspect says sex with 15-year-old was consensual, still illegal but charges dropped
Jacksonville police arrested our client, 18, after he admitted to police he was having consensual sex with a 15-year-old girl. The victim told police about it and the officers used her phone to call our client. It is against Florida law to have sex with anyone under the age of 16, even if you do not know the age or the juvenile lies about his or her age. Our client was charged with lewd battery (2nd degree felony) and faced up to 15 years in prison. Our Jacksonville sex crimes attorney gave prosecutors some findings from our investigation and all charges were dropped.
State of Florida v. A.J.
Charges dropped after dad allegedly puts penis on daughter’s 15-year-old friend during sleepover
Jacksonville police arrested our client who was accused of climbing into bed while his daughter and her 15-year-old friend were sleeping. The friend said she was awakened when she felt someone rubbing her back and putting their hand on her head but tried to pretend she was still asleep. She told police she could feel and see our client’s penis on her arm and told detectives he “was trying to put his junk in my mouth.” She asked what he was doing, got then got up and left the room. Our client allegedly walked out of the room and the alleged victim woke up her friend, told her what happened and called her own father to come get her. Detectives spoke to our client, who said he went into the room and rubbed her back to let her know she was snoring and that he may have repositioned her head so she didn’t develop a kink in her neck. Our client was looking at up to 30 years in prison on charges of lewd and lascivious battery, as well as lewd and lascivious exhibition (both 2nd degree felonies). After our Jacksonville sex crimes law firm investigated the case, the charges were dropped.
State of Florida v. D.M.
Ex-wife tells police former husband molested daughter and stepdaughter, charges dropped
Our client was arrested by Jacksonville police after his former wife told police he molested her two daughters – one his, one his stepdaughter. His 14-year-old stepdaughter said he put his finger in her vagina when she was seven or eight years old. His 10-year-old daughter alleged the same thing when she was the same age. He was arrested on two counts of capital sexual battery (life felonies). He was facing a mandatory life sentence, even if he was only convicted on one of the counts. Our Jacksonville criminal defense attorney discovered that the allegations surfaced only after our client fathered another child and the ex-wife was upset that he was now with someone else. Our experienced Jacksonville sex crimes attorney got the charges dropped.
State of Florida v. W.W.
Attorneys present own evidence, prosecutors to drop rape charges
Jacksonville police arrested our client on rape charges after a woman told police he overpowered her and forced his penis into her vagina. The alleged victim told police she went to the apartment and, when he started grabbing and touching her, she told him to stop because she wasn’t that kind of girl. That’s when she said the rape occurred. Police questioned our client, before he had hired our Jacksonville criminal defense attorney, and he told detectives he partially undressed her, put his finger in her vagina and twice tried to put his penis in her. He was charged with sexual battery (2nd degree felony). Our Jacksonville sex crimes attorney conducted her own investigation and presented our side to the State Attorney’s office. Our Jacksonville criminal defense lawyer was able to get the charge dropped.
State of Florida v. M.H.
Woman claims rape, man says sex consensual – charge dropped
Jacksonville police arrested our client immediately after a woman told officers she was raped at his apartment. Our client told police the two both chose to have sex together. He was charged with sexual battery (2nd degree felony). He hired our experienced Jacksonville sex crimes law firm and we were able to piece together the following: The suspect and the alleged victim, who both serve in the U.S. Navy, went to a club together with a group of people that evening. The group went back to our client’s apartment. The alleged victim was whispering in his ear, sitting on his lap and the two went to his room to have sex. Our client’s friend was in the next room and, in the middle of having sex, the alleged victim asked out client if he was trying to “run a train on her.” Our client told her to leave, she felt “disrespected” and went to the Jacksonville Sheriff’s Office claiming she was raped. The work by our Jacksonville criminal defense attorney led to the charge being dropped.
State of Florida v. S.K.
Jury takes just 18 minutes to find Navy sailor not guilty of rape
Our client had to go all the way to trial to prove he did not rape a woman after a night of partying. Our client and the alleged victim both serve in the U.S. Navy. They went to a military party, drank alcohol and ended up having sex. The alleged victim reported a rape the next day at the Navy hospital. A nurse had to remove a tampon from the alleged victim’s cervix because it was pushed up so high she could not get it herself. She was also fully examined by the Sexual Assault Response Center and Navy doctors. Police then taped a call from the alleged victim to our client, who repeatedly tells her he thought the sex was consensual. He then says he guesses it must not have been and apologizes profusely. He was then charged with sexual battery (2nd degree felony). Our Jacksonville sex crimes attorney worked the case up and down to prepare for trial –introducing evidence that the alleged victim lied and unearthing numerous conflicts in the evidence. The jury took just 18 minutes to find our client not guilty.
State of Florida v. E.S.
Charges dismissed against man accused of having sex with 13 year old
Jacksonville police said our client, 22, had sex with a 13-year-old girl. Officers went to the jail to talk to our client’s friend, who said he had sex with the 13-year-old and our client did, too. The next week, the 13 year old picked our client out of a photo lineup as the man she had sex with. One of her friends also told officers the 13 year old told her about having sex with our client. Our client was charged arrested for lewd and lascivious battery on a person under 16 and over 12 (2nd degree felony). After our experienced Jacksonville sex crimes attorney examined the case, she was able to get the charge dismissed.