Jacksonville Criminal Attorney Blog

When you are arrested for either a felony or misdemeanor in Jacksonville, Duval County, Clay County, or Nassau County, you may be qualified for the Pretrial Intervention Program. If you have little or no criminal record, your chances of being picked for this program go up. You sign a contract to be placed on a kind of "probation". During that time, your criminal charges will not be filed. You will agree to either pay some amount of money, perform community service, or other duty. If you complete your end of the bargain, the state attorney will drop your criminal charges.

It is very important to contact a criminal defense lawyer as soon as possible after you are arrested on criminal charges in Jacksonville to look at the possibility of being placed in this program. Contact our Criminal Defense Attorneys in Jacksonville at (904) 634-0900. You will speak to a lawyer 24 hours a day 7 days a week.

Posted by Mussallem & Forbess | Permalink | Email This Post

Posted In: Felonies , Misdemeanors

Bookmark:

The crime of Carrying a Concealed Weapon in Florida requires that the weapon be hidden from the ordinary sight of another and the weapon must be on or about the person. (close and accessible to you) "Weapons" are any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device or any other deadly weapon except for a firearm or common pocketknife. A pocketknife is defined to be a common folding pocket knife with a blade four inches or under in length. You can also conceal and carry self-defense chemical spray, a nonlethal stun gun, dart-firing stun gun, or other nonlethal electric weapon that is designed solely for defensive purposes. If the officer saw the weapon, then the weapon is not hidden from view (concealed) and you should not be arrested for Carrying a Concealed Weapon.

If you have any questions about criminal weapon charges, please contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

Posted by Mussallem & Forbess | Permalink | Email This Post

Posted In: Misdemeanors

Bookmark:

The crime of trespass can be charged as trespass in a structure or conveyance (car) OR trespass on property. For purposes of trespass to a structure or car, the crime requires that you willfully entered or remained in a structure or car owned by another, without being authorized, licensed, or invited to do so. If, at one time, you were authorized, licensed, or invited to enter or remain and you willfully refused to leave after being warned to leave, you may be arrested for trespass. In order for a trespass to a structure or conveyance charge to be valid in Florida, you must actually be in the structure or automobile. Obviously, if you are not physically in or on property that you have been warned not to trespass in or on, you should not be arrested for trespass.

If you have any questions about criminal misdemeanor charges, please contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

Posted by Mussallem & Forbess | Permalink | Email This Post

Posted In: Misdemeanors

Bookmark:

To commit the crime of Resisting and Officer Without Violence in Jacksonville and all of Florida, you have to resist, obstruct, or oppose a police officer who was, at the time, engaged in the lawful execution of a legal duty. Words alone, without anything more, may not support a resisting charge as long as the words used do not hinder the officer's investigation into criminal activity that has already occurred. You also cannot persist in your conduct after being asked to leave by an officer investigating criminal activity.

There are also other situations where you may be faced with a resisting charge. If you give an officer a false name, date of birth, or other identifying information, they may arrest you. However, if you subsequently recant and then offer the correct information before any harm is done, you cannot be convicted of resisting. Also, if you fail to give an officer your name and he has a well founded suspicion to believe you were involved in criminal activity, your failure to give information may constitute resisting without violence criminal charges. Conversely, where there is no founded suspicion to suspect criminal activity, and the officer simply confronts you to obtain your identity, your failure to provide information will not constitute a crime in Jacksonville.

If you have any questions about criminal resisting charges, please contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

Posted by Mussallem & Forbess | Permalink | Email This Post

Posted In: Misdemeanors

Bookmark:

To commit the crime of Possession of Drug Paraphernalia in Florida, you have to knowingly use drug paraphernalia or had it in your possession and intended to use it. Items that are not, in and of themselves, associated with drugs, or if there is no drug residue on them, they may not qualify as drug paraphernalia. For example, having a homemade pipe is insufficient to convict you of Possession of Drug Paraphernalia if no drug residue is found on the item and you had no illegal drugs in your possession. However, if a common object is prepared and altered for use of narcotics, such as having burnt residue on a beer can that is bent in half with holes punched in it, then there may be sufficient evidence that the item is drug paraphernalia.

If you have any questions about criminal drug charges, please contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

Posted by Mussallem & Forbess | Permalink | Email This Post

Posted In: Misdemeanors

Bookmark:

Disorderly Conduct and Disorderly Intoxication are crimes in Florida. To be arrested for Disorderly Intoxication, you have to be intoxicated and endanger the safety of another person or cause a public disturbance. Just smelling like alcohol and acting intoxicated is not enough to convict you on a charge of Disorderly Intoxication. You have to also create a public disturbance or endanger the public. Also, if you are on your own property, that is not a "public" place for purposes of this law.

Disorderly Conduct requires you to engage in conduct that corrupted the public morals, outraged the sense of public decency, affected the peace and quiet of people, or amounted to fighting or brawling. Cursing at police officers does not constitute Disorderly Conduct. Also, if no crowd had gathered in response to your conduct or if a crowd gathered, your comments were directed at the police and not meant to incite the crowd, you have not committed the crime of Disorderly Conduct.

If you have any questions about criminal charges, please contact our Jacksonville Criminal Defense Attorneys at (904) 634-0900.

Posted by Mussallem & Forbess | Permalink | Email This Post

Posted In: Misdemeanors

Bookmark: