Jacksonville Criminal Defense Attorney Blog

Dismissed Clay County teacher reaches deal to avoid prosecution on child abuse charge

Mon, 17 Jun 2013 11:33:59 -0500

A Clay County middle school teacher accused of putting a student in a choke hold has accepted a plea deal on a Clay County child abuse charge that would end the case, provided he meets certain conditions. Michael Ford was charged in April with child abuse without causing great bodily harm, accused of putting a 13-year-old student in a choke hold and pushing him into a railing, according to a report in the Florida Times-Union. Ford was fired by the Clay County School Board and was facing a third-degree felony in Florida, punishable by up to five years in state prison.

The state now has agreed to place Ford in a pre-trial diversion program, where he has to meet a variety of requirements. If he does, the state will not proceed with the Clay County Child Abuse Case against him. This is fairly common in drug cases for first-time offenders and seems to be a reasonable conclusion to this Clay County Child Abuse case. Ford does not have a criminal record, according to media reports at the time of his arrest, and was charged with a crime for the first time at age 42. The circumstances that led to his arrest were clearly part of his job as a middle school gym teacher and, quite frankly, may have been handled best internally without getting the court system involved. But, schools do have an obligation to protect students and it was likely with an abundance of caution that they called police.

Ford's obligations in order to have the charge dropped likely include anger management classes and the standard requirements of not picking up and further arrests and passing regular drug tests. Ford is also appealing the school board decision to fire him, the newspaper reported. His job status may have been part of the motivation to take the state's plea offer in an effort to resolve the Clay County Child Abuse Case as quickly as possible. It's highly unlikely the board would reinstate Ford while he still has Clay County felony charges pending. But now, he has the agreement in place to put the case behind him and at least accepted some responsibility, which may help in the minds of the board. Pre-trial diversion (also referred to as Duval, Clay and Nassau County PTI) can be very beneficial for people charged with a crime, especially when they are first-time offenders. It can be a means to quickly resolve cases and get the defendant back to his or her normal life as quickly as possible. Unfortunately in our legal system, getting a case to trial takes time. It's highly unlikely Ford's case would be wrapped up in two months without this plea agreement. From all media accounts regarding the case, Ford will likely have little problem meeting the pre-trial diversion requirements in this Clay County Child Abuse case and can focus on trying to get his job back.

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

State takes Jacksonville lawyer's computer for a second time in alleged theft ring

Fri, 14 Jun 2013 15:14:56 -0500

Three months after they first seized the computer server of a Jacksonville attorney the state has tabbed as a mastermind of an internet gambling theft and money-laundering ring, agents have taken his computers for a second time. But a judge has told police to hold off on looking at the contents until he can determine why the state wanted to see the material again, especially since the state already copied all of the files, according to a report in the Florida Times-Union. Criminal defense attorneys for Jacksonville attorney Kelly Mathis says the state should not be able to look at the files, which would include trial strategy and other privileged information the state has no business being able to see before the pending trial on money laundering and racketeering charges.

Mathis is one of 57 people charged with diverting funding from a $300 million internet gambling operation that was supposed to be going to charity. Mathis was the attorney for the cafes and has said he was simply advising his clients on the law. The computer issue is critical in this Florida Theft Case because it gets to the heart of the state's power in investigating a case. Police should not be able to just jump in and take files whenever they feel like it - especially when they have already had access to it once.

When Jacksonville Criminal Defense Attorneys depose, for example, a police officer about details of an arrest, the attorneys get one shot at the deposition. The attorneys need to make sure they ask every question they want to ask because, unless something changes significantly in the case, the Duval County attorney can depose the witness once and only once. Further, even if the judge agrees the deposition can be reopened the line of questioning is restricted to the new elements of the case. Jacksonville criminal attorneys are not allowed to play catch-up with questions or angles they did not pursue in the original deposition. The state should be held to the same standard in this Jacksonville Theft Case. The court is still sorting through the original 132 boxes of files printed and seized the first time police raided Mathis' law office. Attorneys for Mathis and his firm say many of the documents are protected by the attorney client privilege and should not be subject to review by the state. There are several key decisions remaining regarding evidence that will likely play a major role in how this Jacksonville Theft Case plays out.

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 Violent Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Juveniles arrested in St. Johns County crime spree

Wed, 12 Jun 2013 14:58:51 -0500

Two teens were arrested last week on a slew of theft and more serious charges after a failed attempt to flee from St. Johns County police. A 15-year-old and a 13-year-old were initially sniffed out by a man who saw the two teens inside his van and pressed the panic button to activate his vehicle alarm and scare them off, according to a report in the Florida Times-Union. The teens allegedly took off in another car and one of them rammed a stolen car into a police car and also nearly ran over an officer on foot, the newspaper reported.

The Florida felony charges are serious and this will be an interesting St. Johns County Juvenile Crimes case to watch to determine whether the boys will receive punishments that lean more toward adult crimes or juvenile crimes. The 15-year-old is charged with grand theft auto, two counts of aggravated assault on a law enforcement officer and driving without a license, the newspaper reported. Grand theft auto in Jacksonville is a third-degree felony punishable by up to five years in prison. Aggravated assault on a law enforcement officer is a second-degree felony punishable by up to 15 years in prison, and driving without a license is a misdemeanor punishable by up to 60 days in the county jail. So, all told, the teen could be looking at a total of more than 35 years in prison if charged as an adult in these St. Johns County Juvenile Crimes Cases. That's highly unlikely, especially since he is 15 years old, but shows how quickly bad decisions can spiral and charges can add up when someone starts to flee from police. In most cases, especially if it is a first offense, teens are punished within the juvenile justice system. Teens can be placed on probation, or sentenced to one of a variety of levels of detention. Those levels are:

• Minimum Risk Non-Residential: The teen must attend this program five days a week, but can continue to go to school or work. Typically teens with less serious offenses are placed here.
• Low Risk Residential: These residential programs provide education and treatment in a campus-style environment in which participants still have full access to the community. Children in this program also present a low risk to themselves and the community.
• Moderate Risk Residential: Juveniles are supervised 24 hours a day and the youth are allowed some supervised release. Education and treatment are both provided as part of the sentence, but handcuffs can be used to restrain juveniles in these facilities.
• High Risk Residential: Children in these facilities are confined here and not allowed to leave. However, teens finishing the program may be granted permission to visit his or her home, enroll in school or go to a job interview during the last days of the sentence.
• Maximum Risk Residential: These programs are essentially prisons for juveniles.
In theory, juveniles are treated differently by the criminal courts so people have opportunities to learn from their mistakes and move onto lead productive lives. Teens make mistakes, as evidenced by this St. Johns County Juvenile Crimes case, but that should not mean a lifetime of punishment.

If you or a loved one needs a criminal defense attorney in St. Johns County or the surrounding area, call The Mussallem Law Firm 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.

Undercover stings result in 31 arrests on Nassau County drug charges

Mon, 10 Jun 2013 14:49:24 -0500

Thirty-one people were arrested last month on Nassau County drug charges after police specifically targeted illegal drugs in a series of undercover drug operations. Police dubbed the measure "Operation Clean Sweep" and arrested people on a total of 46 counts - 37 of which were felonies in Nassau County, according to a report in the Florida Times-Union. Police recovered a variety of illegal drugs - from marijuana and opiates to prescription narcotics and crack cocaine.

Charges and sentences vary greatly in Nassau County Drug Crime cases. There are two determining factors: the type of drug a person is alleged to have and the amount of the illegal drug the person is charged with possessing. There are three main types of charges in Jacksonville drug crime cases: possession, possession with intent to sell and trafficking. The amounts needed for each of these thresholds is based on the type of drug. Trafficking in Duval, Clay and Nassau Counties is by far the most serious and, in many cases, brings with it minimum mandatory sentences, should prosecutors choose to seek them. And not all drugs are created equal in the minds of the American legal system. If a person has 28 grams of cocaine, they can be charged with trafficking - a first degree felony punishable by up to 30 years in prison with a minimum mandatory sentence of three years. To reach the trafficking threshold for marijuana, a defendant would have to have at least 25 pounds of cannabis. That's 11,325 grams, more than 400 times the amount of cocaine that qualifies as trafficking in Nassau County drug crime cases.

With the exception of marijuana and possession of drug paraphernalia, most drug charges are felonies immediately - starting with a single pill or a small amount of powder or crack cocaine. But the state also may offer some sort of pretrial diversion especially if it's a person's first offense. The negotiated punishment is called Pre-Trial Diversion, and if the defendant meets a series of conditions, including passing drug tests, attending classes and staying clear of any arrests, the Nassau County Drug Crimes charges are dropped. There is also a similar program that is connected to probation in Duval, Clay and Nassau Counties. In many cases, the person pleads guilty to the charge, but the judge withholds the adjudication, meaning the person would not have a conviction on their record if they complete the program. But, if the defendant fails to finish the program, the conditions of the guilty plea, including potential prison time, would kick in. Drug crimes can have serious consequences, even for what may seem like a minor amount of drugs. Our Nassau County Drug Crimes lawyer is well-versed in the laws regarding drug possession and has represented hundreds of clients facing similar charges.

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 Nassau County Drug Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Child care operator charged after Jacksonville toddler drowns in pool

Fri, 07 Jun 2013 09:22:17 -0500

A Jacksonville day care operator was arrested on a manslaughter charge last week after a 2-year-old boy drowned in a pool on her property last month. The charges were announced three days after the boy died, according to a report in the Florida Times-Union. Jan Marie Buchanan was charged with aggravated manslaughter of a child, a first degree felony punishable by up to 30 years in prison. She is also charged with operating a child care center without a license, though she was in the process of seeking a license, the newspaper reported. Operating a child care without a license is a misdemeanor with a maximum penalty of a year in the county jail, so the manslaughter charge is obviously the key charge in this Jacksonville Child Abuse Case. Buchanan was being held in the Duval County jail on a $250,000 bond, meaning it would take $25,000 for her to be released awaiting a trial.

Buchanan told police she had been swimming with the seven children in her care and then brought them all inside, the newspaper reported. She went to go change an infant and, while she did, the boy made it outside through a six or seven-inch opening by a sliding glass door. The lock to the gate to the pool was broken and the alarm that sounds when anyone enters the pool had been turned off due to rain the night before, the newspaper reported. The facts sound as if Buchanan normally took necessary precautions to protect the children in her care, but that this was a perfect storm of events that led to the death of the young boy. This is not a Jacksonville Child Abuse Case where a day care operator is hitting or physically abusing children. And while a license likely would not have prevented the boy's death, the lack of a license was probably a significant factor in the state filing the charges - and could be a reason they may choose not to negotiate.

The boy's parents have been supportive of the day care on their Facebook pages, but did not comment to the newspaper once charges were announced. It will be interesting to see if these charges end up being reduced at all in this Jacksonville Child Abuse Case. While the victim or, in this case the family of the victim, doesn't drive the bus in terms of the level of charges, prosecutors definitely keep their victims' wishes in mind when making filing and charging decisions. As time and reality sets in, the family may be more willing to see her prosecuted. Or the state may decide, as they say in many cases, that they are looking out for the victim and are the only ones who can see to it that justice is served.

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.

Differing accounts of fight allegedly involving Jacksonville Jaguars running back Maurice Jones-Drew

Wed, 05 Jun 2013 09:14:28 -0500

When National Football League teams and players make national headlines in the offseason, it's generally not a good thing. Such was the case last week when questions were raised about Jacksonville Jaguars running back Maurice Jones-Drew being involved in an incident that left a St. Johns County security guard unconscious, according to a report in the Florida Times-Union. Initial media reports said Jones-Drew had been arrested, though they were soon corrected to indicate that Jones-Drew was simply a suspect in an ongoing investigation related to a security guard being punched at a St. Augustine restaurant. Police have said they expect prosecutors to make a decision this week on whether or not to charge Jones-Drew, the newspaper reported.

The incident and ensuing media coverage has evolved into a series of conflicting stories and accounts of what actually took place. Jacksonville Attorneys for the restaurant and the security guard both say there is clear video evidence that shows exactly what happened during the May 26 incident, the newspaper reported. Police have not released the video, which will eventually become public -- either as part of the discovery files once the case is filed or once the investigation is closed. Jones-Drew initially denied any involvement and was reported to be fully cooperating with police, though a planned Friday interview with police did not occur, the newspaper reported. Jones-Drew had already left the restaurant by the time police arrived on the scene, the newspaper reported, so police have yet to speak with him regarding this St. Johns County Battery Case.

Jones-Drew is accused of hitting the man with his fist so, if he is indeed arrested, he would likely face a misdemeanor battery. It would be punishable by up to one year in the county jail. When other items, like a baseball bat or a pistol, are brought in and used to injure something, the charges can be more serious - often upgraded to felony charges. In some St. Johns County Battery Cases when the allegations are made against an athlete or celebrity who is well-known and assumingly well-off financially, the issues of settlements and lawsuits inevitably come up. It took one business day for the restaurant and the guard to find personal injury lawyers. Those cases are handled separately, in front of different judges and generally following some sort of resolution with the criminal cases. A person in a St. Johns Battery Case similar to Jones-Drew could be cleared of criminal charges, but then be found at-fault in a civil case and end up on the hook for thousands of dollars in expenses for the alleged victim. The video will likely be the turning point in this St. Johns County Battery Case, and will likely be the evidence upon which prosecutors will make their filing decision. Whenever it is released, if will likely be broadcast repeatedly through various media outlets.

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

State drops DUI charge against former Nassau County Commissioner

Mon, 03 Jun 2013 09:05:49 -0500

Nearly one year after a Nassau County Commissioner proclaimed her innocence while being arrested for DUI, the state has dropped the charge against her. Instead, Stacy Johnson pleaded guilty last month to reckless driving, saying she was texting while driving the night of her arrest, but she was not intoxicated, according to a report in the Florida Times-Union. Johnson stepped down as chairwoman of the county commission days after her 2012 arrest, but stayed on the commission. She did not seek reelection and is now no longer an elected official.

Johnson was extremely critical of police in video from her Nassau County DUI arrest that was released and broadcast on local news sites, claiming the arrest was a political setup. Johnson said prosecutors offered to drop the charge shortly after her arrest if she agreed to resign her seat immediately, but she refused, the newspaper reported. She eventually pleaded guilty to reckless driving, paid a $208 fine, but did not receive any points on her license, the newspaper reported.

Police received a call about Johnson's car allegedly swerving and almost hitting another vehicle and she was pulled over in her driveway by three officers, the newspaper reported. Johnson said she had one glass of wine, but police said she was unsteady on her feet and that they smelled an odor of alcohol beverages when speaking with her. Johnson refused to perform field sobriety exercises or take a breath test, the newspaper reported. The refusal to take the breath test resulted in a one-year driver's license suspension and mandatory DUI school, the newspaper reported, and prosecutors said those punishments are the reason they agreed to drop the DUI charge.

Either you have enough evidence to proceed with a criminal case, or you don't. In this Nassau County DUI case, it appeared the state did not. Yet Johnson's case dragged out for more than a year before the state finally agreed to drop the charges. There appeared to be very little evidence in the Nassau County DUI Case against Johnson. She sounds coherent and appears to be speaking clearly on the police video, though she is clearly upset by the arrest. Because she refused, there are no results of field sobriety exercises, nor is there a blood-alcohol level to bring into evidence. The refusal did cause her to lose her license for a year. By accepting a driver's license, a Florida driver consents to taking a breathalyzer test and, if he or she refuses, there are automatic penalties that kick in. Even if the charges end up being dropped completely, there's usually some form of negative impact on anyone arrested for DUI. In the end, Johnson was cleared of the DUI charge, but still paid the price in the court of public opinion.

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

Seven years in prison each for two men tied to gun used to kill Clay County detective

Sat, 01 Jun 2013 11:24:30 -0500

Two men who at one point each passed along a stolen gun that was eventually ended up in the hands of a felon who killed a Clay County Sheriff's deputy were both sentenced to seven years in prison last week. Robert Apple II and Jack Lemond both pleaded guilty to dealing in stolen property, according to a report in the Florida Times-Union. Two other men have the same charges pending, the newspaper reported. Dealing in stolen property in Clay County is a second-degree felony punishable by up to 15 years in prison.

Police said the .38-caliber pistol was stolen in Jacksonville in 2011 and was passed along by four different men in the next year, eventually making its way to Ted Tilley, the newspaper reported. Tilley, a convicted felon, used the stolen gun to shoot and kill detective David White during a raid on a meth lab in 2012, the newspaper reported. Tilley also wounded another deputy with the gun before police shot and killed him. The four men involved in this Clay County Gun charge are among a total of eight people who have been charged since White's death. Three adults in the Clay County home at the time of the raid have been charged with murder, attempted murder and trafficking in methamphetamines, the newspaper reported. A juvenile in the home, 16 at the time, was also charged with third-degree murder in the Clay County Gun Crimes case. Prosecutors have been extremely aggressive in this case, charging everyone they can in connection to the death. The key in the Clay County Theft case involving dealing in stolen property is knowledge of the property being stolen. State law says that someone who either knew or should have known the property was stolen can be charged with dealing in stolen property. In this case, police have said all four men knew the gun was stolen. Two have pleaded guilty and it remains to be seen if the other two choose a similar path.

Now that the sentencing standard has been set in this Clay County Theft Case with Apple and Lemond, it will be interesting to see if the two remaining men end up pleading guilty as well. Typically, sentences are longer after a trial than they are if the person admits guilt and pleads guilty to the charges. All defendants have a right to a trial, but the price of a trial can be expensive in terms of a sentence. It is highly unlikely that a judge will give a lower sentence to someone who takes a case to trial than he or she gave to someone who pleaded guilty.

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

Arena Football League coach arrested for role in brawl following game at Jacksonville arena

Thu, 30 May 2013 11:18:20 -0500

The defensive coordinator for a visiting Arena Football League team was arrested on a felony battery charge in Duval County for his role in a fight that left a 68-year-old Jacksonville Sharks team official in the hospital. Cedric Walker, listed at 6-foot and 245 pounds, is accused of pushing Jacksonville's assistant general manager in a fight that began near the visiting locker room following a May game, according to a report in the Florida Times-Union. The Sharks official was apparently confronting some of the Sharks' cheerleaders about why they were still on the field when coaches from the opposing San Jose SaberCats stepped in and the argument took off, the newspaper reported. Walker is accused of pushing the Sharks official, who had gall bladder surgery a week earlier, into a wall twice, the newspaper reported. The Sharks official was taken to a local hospital and was treated for a concussion.

The fight escalated from there and a Sharks trainer also suffered a broken nose when trying to break up the fight, though there were no other charges filed, the newspaper reported. Police found Walker in the parking lot following the fight and arrested him. He was released from jail the next day and is scheduled to appear in court again in June. In most instances, Walker would face a Jacksonville misdemeanor battery charge and a maximum penalty of a year in the county jail. But in this case, he is looking at a third-degree felony and up to five years in state prison. The difference in this Jacksonville Battery Case? The Sharks team official is 68 years old and police arrested Walker for battery on a person age 65 or older.

All types of assaults and batteries have significantly upgraded penalties when the victim is over the age of 65. The charge can apply regardless of whether or not the suspect knows the age of the victim, the defense of thinking the man was younger is off the table in this Jacksonville Battery Case. The law justifiably attempts to protect senior citizens, the same way it does children with enhanced penalties and a whole separate set of law involving Jacksonville Child Abuse and Child Neglect. In this Jacksonville Battery Case, though, it does not appear that Walker was preying on the Sharks official just because he was older. There was a verbal confrontation, things got heated and it escalated from there. Walker will be arraigned at his court appearance June 11 and it will be interesting to see if he is actually charged with the felony, or if the charge is reduced to a misdemeanor battery or even dropped. Much of the state's decision in Jacksonville Battery Cases centers around the wishes of the victim. Prosecutors prefer to have the victim on board with any charging decision, though it is not always possible. If this case does end up being a felony, expect to see plenty more detail on the Sharks' official's role in starting the altercation. It's difficult to make the case that the official is an innocent elder being pushed around if he is, in fact, part of the reason this Jacksonville Battery Case escalated in the first place.

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

Sisters convicted in Jacksonville shooting are out on bond until June sentencing

Tue, 28 May 2013 10:00:39 -0500

Two Jacksonville women convicted of shooting their niece are out of custody while awaiting their prison sentences, an uncommon occurrence in a Jacksonville Gun Crimes case. Joyce Williams was convicted of attempted murder and carrying a concealed weapon. She is facing between 25 years and life in prison when she in sentenced in June, according to a report on News4Jax. Her sister Joycelyn Glover was convicted of possessing a firearm as a convicted felon and faces at least five years in prison in this Jacksonville Gun Crimes case.

In many cases, defendants are out on bond before they go to trial. If they are convicted, the judge usually orders the person into custody immediately, especially in a Jacksonville Violent Crimes Case where people are facing significant time behind bars. Sentencings are typically delayed at least a month following a trial, but in most cases the defendant is in the county jail until the sentence is announced. That time in jail is then credited to the overall sentence, just as the time is when someone is awaiting trial if they have not bonded out. The decision of whether or not to remand a person immediately into custody is strictly the judge's decision. The judge must weigh whether he or she deems the defendant to be a risk to take off and not report for sentencing. The decision is similar to one a judge must make in determining whether to set a bond in any Jacksonville criminal case.

The real number to pay attention to in a bond is 10 percent - that's the amount of the bond needed to get a bondsman to post the bail for you or your loved one. So, is the bond is $5,000, it would take $500 to get out of jail. When setting a bond, the judge often includes some type of monitoring requirements, such as house arrest or restricting travel within the state of Florida. Being out of jail awaiting trial is obviously ideal for most defendants. It can allow them to continue to work, especially important if their case involved fines or paying restitution, which is common in Jacksonville Theft Cases. In this Jacksonville Gun Crimes case, it allows the sisters to make arrangements for family members and such or tie up any loose ends before they are sent to prison - one for at least 25 years, the other for at least five. Judges typically force the person into custody to eliminate the possibility of the person leaving town or committing another crime before they are sentenced. It will be interesting to see after this Jacksonville Gun Crimes sentencing if other local judges end up taking a similar path in terms of allowing people to report back for sentencing.

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 Gun Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Mentally ill St. Johns County woman, 98, to be moved from jail to mental health facility

Fri, 24 May 2013 14:23:06 -0500

A fourth psychological exam has cleared the way for a 98-year-old St. Johns County woman to be moved from the jail to the Florida State Hospital. The fate of Amanda Stevenson had been in question for close to two years since she was arrested in St. Johns County, accused of shooting and killing her nephew during an argument in 2011, according to a report in the St. Augustine Record. Stevenson had been found incompetent to stand trial because she suffers from dementia, the newspaper reported. The judge had ordered the Agency for Persons with Disabilities to find a home for Stevenson, but it said Stevenson did not meet the agency's criteria to be committed. The new test cleared the way for the Department of Children and Families to take custody of her and place her in a mental hospital where she can likely get more help for her illness than she could in jail or prison. This St. Johns County Violent Crimes case was difficult in terms of where to house Stevenson because she should not be kept in jail when she has not been convicted in this St. Johns County Violent Crimes Case. But, she wasn't cleared either. And prosecutors argued she should not be sent to live at home, even with restriction including house arrest, because she was a danger to society. Prosecutors asked that Stevenson remain jailed until an alternative could be found and she did for nearly a year after Stevenson was found incompetent to stand trial in July 2012. County jails are not meant for people to stay in long-term: they are for people awaiting trail and people sentenced to one year or less on a misdemeanor charge. People convicted of felonies, such as murder, are placed in the state prison system.

Stevenson will now be committed to a state hospital, the common landing place for people deemed unfit for trial. She is not free to leave at any point and will live and receive treatment there. She will be eligible to petition for the murder charge to be dropped in five years, the newspaper reported. This St. Johns County Violent Crimes Case highlights some of the limitations in our criminal justice system when it comes to dealing with the mentally ill. The so-called "insanity" defense can get a bad name and is often thought of as people pretending to be mentally ill as a way to avoid prosecution in a case. But, in our criminal justice system, everyone accused of a crime has the right to a fair trial. And, to have that, a person must be able to understand what is going on and be able to make decisions about the case.

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

Convicted murderer gets life in prison, Jacksonville prosecutors say they'll try again for death sentence

Wed, 22 May 2013 13:54:24 -0500

A Jacksonville man facing murder charges in three different cases has been found guilty of the first two and last week received his second life sentence when a judge opted against the death penalty. But that doesn't appear to be stopping the state from pressing forward once more to have DeShawn Green executed, according to a report in the Florida Times-Union. The state plans to proceed to trial on the third murder charge and seek the death penalty, even though Green is already facing two life sentences, the newspaper reported.

In this second Jacksonville Murder Case, Green was convicted in the shooting death of a man at a Jacksonville apartment complex and police said he was out for revenge after two of his friends were shot, the newspaper reported. Green and Bruce Brice Jr. were both charged in the shooting, though neither admitted to firing the shots. Brice worked out a plea deal to testify against Green and, in turn, was sentenced to just seven years in prison, the newspaper reported. In convicting Green, the jury found him guilty of being part of the crime, but did not find beyond a reasonable doubt that he was the actual triggerman, the newspaper reported.

In first-degree murder cases in the state of Florida, there are only two possible sentences: life in prison or the death penalty. If the state chooses to seek the death penalty, which it does in Jacksonville more frequently than many other parts of the state, the same jury that sat through the trial is asked to make a recommendation to the judge regarding the death penalty. In Green's Jacksonville Murder Case, the jury voted 7-5 to sentence Green to death. But, in death cases, the jury recommendation is only a recommendation and the judge has the final say. In this case, the judge said he went against the jury's recommendation because of the doubt as to whether or not Green fired the shots, the newspaper reported. Prosecutors have appealed in Jacksonville Murder Cases when a judge chooses life in prison against the recommendation of the jury, so that could be an option in this case. The narrow 7-5 vote may dissuade the state from that option, especially with another murder trial for Green coming soon. Interestingly, the only thing a jury does that it doesn't have to be unanimous in is recommending death. From a petit theft misdemeanor case all the way up to a first-degree murder case, a jury must be unanimous to convict a person of a crime. All it takes is one person and, if an agreement cannot be reached, the jury is considered hung. From there, a mistrial is declared and the trial would have to start all over again with a new jury in place. In a death sentence, though, majority rules. Until the decision reaches 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 Violent Crime Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Jacksonville youth pastor pleads guilty to Jacksonville sex charges

Mon, 20 May 2013 13:40:35 -0500

A Jacksonville youth pastor has entered guilty pleas to three counts of charges related to accusations that he had sex with a 15-year-old girl from his church. David Lawson pleaded guilty last week to three counts of lewd and lascivious conduct with a child between the ages of 12 and 16, according to a report on First Coast News. Each count is a second-degree felony in Duval County and carries a maximum punishment of 15 years in prison. So, if the judge chooses to apply consecutive sentences in this Jacksonville Sex Crimes case, Lawson could be facing 45 years in prison.

Lawson is scheduled to be sentenced next month. No details of the plea were included in the television news report, though it's very possible that the plea is a result of negotiations between the state and the Jacksonville sex crime defense team and that a sentencing range will be offered to the judge. The ultimate decision lies with the judge, but in most cases where the two sides come to an agreed upon range, the judge with stay within those terms. In many Duval County Sex Crimes cases like this, a plea is worked out because the state does not want to have to put a young victim through a trial if he or she is not comfortable. That doesn't mean prosecutors offer light sentences to avoid a trial - they do not. But in many cases, the defendant also wants to avoid a long, public trial that, in Lawson's case, would no doubt receive plenty of media attention given his former position in the community.

Shortly after police started investigating Lawson late last year, he was fired by his church. Lawson was arrested in January and has been out on Duval County bond while his Jacksonville Sex Crimes case works its way through the court system. Regardless of the eventual sentence and whether he goes to prison or not, Lawson will no doubt be a registered sex offender and will likely have a condition of his eventual probation that does not allow him to work with children again. As a registered sex offender, Lawson would have to register by filling out a form at the sheriff's office at least every six months with his address, phone numbers, place of employment, etc. And if he were to ever move, he must update the information within 48 hours or face criminal charges. If a registered sexual offender does move into a new residence, his neighbors are notified and everyone knows what crime he pleaded guilty to, regardless of long ago it may have been. People convicted of sex crimes face more scrutiny after they've served time than defendants of any other crime. Our Jacksonville Sex Crimes attorney will explain all of the ramifications of a guilty plea or possible conviction so you or your loved one can make the best decision in the case going forward.

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

Police drop investigation into Nassau County teacher's alleged sexual relationship with former student

Fri, 17 May 2013 12:55:13 -0500

After investigating an alleged sexual relationship between a Nassau County teacher and one of his former students, police have cleared him of any criminal wrongdoing. The former student told police she kissed the teacher, but then had sex with the teacher after she turned 18, according to a report in the Florida Times-Union. Once a person turns 18, he or she is legally an adult and it is not a crime for another adult to have consensual sex with an 18-year-old. Technically, 16 is the consent age in the state of Florida, but the age of the sexual partner could make it a Nassau County Sex Crimes case.

The teacher, however, is still facing discipline from the Nassau County School Board and Yulee High School officials have recommended that the board vote to terminate him next month, according to the newspaper report. The investigation in this Nassau County Sex Crimes case started earlier this year after one of the student's friends said the student said she had sexual contact with the teacher at his home, the newspaper reported. The teacher has been on leave since, the newspaper reported. Had the student been 17 years old, the teacher could have faced a second-degree felony, depending on how old he is. If the teacher is over 24 and has sex with someone under the age of 18, he could be charged with unlawful sex with certain minors, punishable by up to 15 years in prison. Equally important, if he was convicted or chose to plead guilty, he would more than likely become a registered sex offender.

Sex crime accusations can be the most difficult to live down and have a tendency to stick with people even if the accusations cannot be proven in court. And if there is a conviction or a plea, sex offenders are subjected to scrutiny and a public broadcasting of their crimes that even people convicted of murder do not experience. Every time a sex offender moves his or her residence, neighbors in a certain vicinity are notified of his or her presence and the crime he or she pleaded to or was convicted of. Sex offenders in Florida are required to notify police when they move and are restricted as to where they live, as it cannot be directly near a school or park where children congregate.

Sex Crimes cases can have serious consequences and our Nassau County Criminal Defense Attorney has represented hundreds of people accused of various sex crimes and knows the potential sentences and scrutiny that come with being a registered sexual offender. Our Nassau County Sex Crimes attorney can explain the consequences and allow you or your loved one to make an informed decision as to how to best move forward with the case.

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 Nassau County Sex Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.

Jacksonville police officer picks up another DUI arrest following traffic crash

Wed, 15 May 2013 12:47:52 -0500

A Jacksonville police officer who's been busted for drinking and driving before in her tenure on the force was arrested last week and charged with five counts of DUI causing property damage. Diane Jones was not on duty when she allegedly hit a car in a shopping center parking lot, then allegedly rammed in one on a nearby road, according to a report in the Florida Times-Union. Jones then returned to the same parking lot and allegedly hit a third car before bumping into another car twice while trying to park her vehicle, the newspaper reported.

Jones' problems didn't end there. Police said she refused to get out of her car and was pulled out by police when she reached for something underneath her seat, the newspaper reported. She then refused to submit to field sobriety tests and, once she was taken to a local hospital, refused to allow her blood to be taken, the newspaper reported. Had any of the crashes resulted in serious bodily injuries, Jones would have had no choice but to have her blood drawn. But since no one was hurt, she could still legally refuse.

Jones has been in legal trouble with drinking and driving before, and it's very likely her days as a Jacksonville police officer are now numbered. She received a 20-day suspension and was ordered to undergo treatment in 2007 after she was investigated for DUI by the Florida Highway Patrol, the newspaper reported. Then, in 2011, a citizen took video of her police car being driven recklessly and police found her drinking at a neighbor's house, the newspaper reported. Jones said she started drinking after driving and there was not enough evidence to prove she was drunk while driving. She was, however, fired from the Jacksonville Sheriff's Office until an arbitrator ruled she must be reinstated, the newspaper reported. Jones was most recently assigned to a position taking reports over the phone and did not have a patrol car, the newspaper reported.
It's unclear how many DUI convictions Jones has on her record, but it's very possible she has none. Jacksonville arrests and investigations are not automatic convictions and that fact is significant in this Jacksonville DUI case. Had Jones been convicted in 2007 and in 2011, she would now be facing a felony charge. In Jacksonville DUI cases, if a person has two DUI convictions and is arrested on suspicion of DUI again, the charge can be considered a felony and punishable by up to five years in state prison. As it stands now, Jones is looking only at Duval County misdemeanors and potential time in the county jail - up to six months if it's her first conviction, up to a year if it's her second.
Consequences and penalties ramp up quickly in Jacksonville DUI cases so it's crucial that people do not plead to charges that cannot be proven beyond a reasonable doubt. The temptation is for people to plead guilty in first appearance court and start the clock on the coming driver's license suspensions, but that is a short-term decision that can have serious long-term consequences.

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 DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.