Cape Coral CRIMINAL DEFENSE LAWYERS

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Attorney John Musca

Our Winning Strategy to Win Your Case

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Attorney John Musca

Our Winning Strategy to Win Your Case

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Criminal Defense Lawyer in Cape Coral, Florida (FL)

Advocating for the Rights and Freedom of the Accused Throughout the State of Florida 

Florida Law Favors the Accuser in Most Criminal Cases. If you are being questioned or interviewed by police, ask to have an attorney present with you. Law enforcement’s job is to make an arrest. In almost every Florida criminal case, law enforcement and the prosecutors involved in a criminal case will almost always side with the person who is making the accusation. Whether there is a motive for an accuser to falsely accuse another of a crime or there is a lack of a motive for lying, you can be assured that the prosecutor’s office and the police will ignore exculpatory evidence, encourage witnesses to view you as guilty or as a bad person, and attempt to misquote statements you made to law enforcement in investigation records. 

Always Ask for an Attorney to Be Present With You!

Musca Law’s criminal defense attorneys in Cape Coral, Florida aggressively defend Floridians and visitors who have been charged with a crime anywhere in the State of Florida. Whether you need a white-collar defense attorney, a DUI lawyer, or a drug crimes defense attorney, Musca Law is ready to help you. The defense attorneys at Musca Law handle all types of criminal matters, ranging from misdemeanor traffic offenses to felony manslaughter cases. If you need an aggressive, quality defense, call Musca Law 24/7 at (888) 484-5057 and speak with one of our skilled criminal trial attorneys.

Musca Law Focuses Exclusively on Florida Criminal Defense Cases 

When you are charged with a crime, you should hire an attorney who limits his or her practice to criminal defense. The benefit of hiring a law firm that solely practices criminal law are as follows:

  • Our attorneys and staff are able to focus the latest technologies and legal defense strategies relevant to criminal defense.
  • Our attorneys and legal support staff keep informed of changes in criminal procedures and changes to Florida’s criminal code and law.
  • Our attorneys continue to refine their negotiating experience and stellar reputation with judges, prosecutors, and attorney colleagues.

Musca Law only handles criminal defense cases. Call our firm today for your free case review and protect your important legal rights to help avoid the damaging, life-changing consequences of a conviction.

The Role of a Florida Criminal Defense Attorney

The criminal defense lawyers at Musca Law fight hard to ensure that our clients’ Constitutional rights are protected. We ensure the process of a criminal case is fair and the scales of justice are balanced.  Lastly, our criminal law attorneys work tirelessly to find the opportunities to exploit the weaknesses in one’s case that will result in a lesser charge or a not guilty verdict.

Over 150 Years of Collective Criminal Defense Throughout the State of Florida

At Musca Law, we are available 24/7/365 to receive your call, discuss your case, and provide you with stellar legal guidance when you need it. Additionally, for client convenience, we offer numerous office locations throughout the State of Florida. 

The Philosophy of Musca Law

If you or a loved one have a pending arrest warrant, if you are being questioned by law enforcement, or if you or your loved one have been formally charged with a crime, you need an experienced lawyer by your side who can help protect your legal rights and fight for you.

Our philosophy utilizes a two-fold approach:

  • First: Our attorneys work hard to mount an aggressive defense that includes focusing on the strengths of your criminal case, providing superior attention to detail in your case, and exploiting the weaknesses in the prosecution’s case against you. When appropriate, our criminal defense lawyers will make evidentiary challenges and work hard to diminish the impact of prosecution’s arguments and evidence against you.
  • Second: Our lawyers will provide you with the highest level of personalized service and care. Our legal professionals will communicate with you during every stage of your case to ensure that you are adequately informed at all times. 

You can place your trust and case with Musca Law. Our caring and effective criminal defense attorneys recognize the gravity of your legal situation and we understand how the thought of losing your freedom is worrisome and overwhelming. This is the key reason why our law firm implemented a team approach in our law practice.

The Musca Law Team Focus & Approach

Our legal professionals utilize a team approach, which has earned Musca Law a stellar reputation among our colleagues, judges, and prosecutors throughout Florida. To present the best defense possible, our law firm utilizes the strengths of each team member for the betterment of your case. Our law firm has the capability of serving clients throughout the state of Florida. Our number #1 focus is on you. To better serve potential and existing clients, our firm maintains extended hours, including evening and weekend appointments. When you retain Musca Law, you will have over 150 years of combined criminal defense experience on your side.

To talk about your case and to receive answers to your important questions, please don’t hesitate to contact us! We are available 24/7/365 to answer your phone calls.

Musca Law Uses Creative & Innovative Defenses to Win Criminal Cases

In order to beat a criminal charge or to successfully plea down your criminal charge to a lesser charge, it is crucial that your criminal law attorney is highly creative in developing your defense strategy. In order to obtain that best possible result in your criminal case, filing and litigating pre-trial motions are essential because most criminal cases are won before going to trial. Our lawyers understand this and use the following techniques to rigorously defend you:

  • Filing a “motion to suppress evidence” because the evidence was illegally obtained.
  • Filing a “motion to exclude irrelevant or prejudicial evidence.” 
  • Filing a “motion to dismiss” your criminal case because of a lack of, or insufficient, evidence.

Whether a motion is granted or denied, filing pre-trial motions will help your criminal defense lawyer receive extremely valuable information about the prosecutor’s case and their approach to your case. Information gathered during your pre-trial motion hearing will help your defense team build your case and help your attorney prepare a more effective pre-trial settlement if you are interested in pleading your case down to a lesser charge.

Also, the attorneys at Musca Law may be able to help you seal or expunge your criminal record history so that it disappears from the public view. Our attorneys may also help you to remove your mug shot from public view.

Why Our Experience Matters in Your Case

When defending a criminal charge in the State of Florida, it is essential that you retain an attorney who is experienced in successfully representing clients in cases such as yours. Also, you need an attorney who is “battle hardened” in criminal trials and negotiations. 

Representing White Collar Professionals Who Have Been Accused & Charged with a Crime in Florida

At Musca Law, we represent people from all walks of life. Several of our clients have never been arrested or charged with a crime. Although you may have never thought that you would be charged with a crime, life happens. Many of our clients are in divorce court and their spouse has filed a false charge against them in order to gain an advantage in the divorce case. 

Our law firm cares about each and every client. We understand you and the emotional distress that you are facing. Musca Law has represented celebrities, health-care professionals such as surgeons, nurses, dentists, teachers, attorneys, law enforcement officers, and members of the military. As part of your criminal defense plan, our attorneys will work with you to protect your pubic image after the accusation and arrest have occurred. 

The Fifth Amendment – Exercise Your Legal Right to Remain Silent 

In the United States, each and every citizen has unalienable legal rights and protections. This means that these legal rights cannot be taken away from you. One of those legal protections is the Fifth Amendment of the U.S. Constitution. The Fifth Amendment of the U.S. Constitution protects individuals from being forced by law enforcement or the government to “self-incriminate.” In other words, people in the United States cannot be forced into confessing or making statements that may incriminate themselves. 

In the famous Miranda v. Arizona U.S. Supreme Court decision, the Court decided that law enforcement shall by law provide a warning to individuals being arrested. In this warning, the police must advise the individual who is being arrest of specific protections such as a) their right to remain silent, and any word they state can be used against them as evidence in their criminal court trial, b) they have a right to an attorney and if they cannot afford an attorney, a public defender will be given to them. This warning is known as the Miranda Warning and it was named after the famous, Fifth Amendment court case famous Miranda v. Arizona. The Miranda Warning must be read to anyone who is a) in police custody, b) is not free to leave, and c) the police are asking the suspect questions that could incriminate the suspect in a crime.

At Musca Law, the best advice for anyone who is being interviewed or questioned by police is to remain silent. Local law enforcement and federal agents are highly trained to induce suspects into speaking to them. Many people are under the false belief that they can speak with police and not self-incriminate themselves. Many studies have shown that innocent people can easily be “talked into” making false confessions. Don’t take any chances; call Musca Law for a free consultation today.

The Right to Grand Jury Presentment & Double Jeopardy 

When an individual is facing a felony offense, the Fifth Amendment of the United States Constitution, along with Section 15(a) of the Florida Constitution, require police, law enforcement and attorneys for the prosecution to present the case before a grand jury. The grand jury will determine if there is enough evidence to proceed with the felony criminal arrest and subsequent criminal trial. 

Fair Trial Rights Under the U.S. Constitution and Florida’s State Constitution

The U.S. Constitution’ Sixth Amendment, along with Section 16(a) of the Constitution of the State of Florida, provide essential legal rights for all citizens accused of a crime. These amendments and legal protections are crucial for the fair administration of justice. 

The Right to Competent Counsel

Although a person may reserve the right to provide their own legal defense in their criminal trial, each person is guaranteed the right to have competent legal counsel. In most criminal cases, a public defender can be provided to you. This can be invaluable for those who have been charged with a crime but cannot afford a private attorney to represent them in their criminal trial. Although you are permitted to represent yourself or utilize a public defender, it is important to realize that public defenders are often overworked and underpaid. A private criminal defense lawyer will have more resources available to marshal a criminal case through the state and federal court systems giving you a much better chance of successfully winning your case. 

The Compulsory Process in State and Federal Criminal Court Cases

Compulsory process rights are essential when defending a client against criminal charges. The compulsory process requires a witness to appear before the court and provide what evidence they have that is helpful for the accused’s case. As part of building your strongest defense, Musca Law will determine which witnesses may help your case and serve the person with a trial subpoena that compels the witness to attend the court trial and provide testimony. In addition, you have the right to present evidence in your own case. For example, you could submit to independent testing that proves you were “not of sound mind” when acting out as explained in Florida Statute 775.027.

The Right to Face and Cross-Examine the Accuser and All Witnesses

Another right given to the accused is the right to face and cross-examine any witnesses who will be appearing at trial and who will be testifying against the defendant. A skilled and competent criminal defense attorney will challenge the witness and their testimony to demonstrate the witness’s bias against the defendant, point out any inconsistencies in their statements, or prove the witness has provided false testimony to the court. The defendant has the right to watch and listen to the witnesses testifying in court.

The Right to a Fair Trial Adjudicated By an Impartial Jury of Their Peers

In most criminal cases, the defendant is allowed to have a bench trial. A bench trial is a criminal trial without jurors. The defendant may ask to have their case heard and ruled upon by a criminal court judge. The judge would make the final judgment of guilt or innocence for each charge instead of a trial jury. If the defendant wants a trial by jury, jurors who live in the community are selected at random. 

The Right to a Standard of “Guilt Beyond a Reasonable Doubt”

In order for the defendant to be found guilty of a crime, the evidence must show the defendant is guilty “beyond a reasonable doubt.” The presiding justice court judge will provide the jury with instructions and what the “a reasonable doubt” standard to convict a defendant means. 

The Right to Take the Stand in Defense of Oneself

The Fifth Amendment to the United States Constitution gives each individual the right to remain silent. Individuals also have the right to refuse “taking the witness stand” in their criminal trial. On the other hand, a defendant may choose to exercise their right to be heard and take the witness stand in their criminal trial. Although it may not be advisable in all criminal cases, some defendants want to take the stand to tell their side of the story. 

The Right to be Released on One’s Personal Recognizance

A person has the right to have a “reasonable” bail amount set in their case. This way, a person may be able to live as normal as possible while awaiting their criminal trial. A person may be “denied bail” if he or she is facing a capital murder trial or the defendant is considered a flight risk who will probably not appear for their criminal trial if released. 

Visitors & Tourists from Out of State Who Are Charged with a Crime in Florida

Every year, millions of people visit Florida for business or pleasure. While on vacation, or during the course of a business trip, an individual may find themselves under arrest for offenses such as Driving Under the Influence, or possession of marijuana. Musca Law represents both Floridians and those individuals visiting the State of Florida. Our law firm maintains over 30 office locations throughout the State of Florida. Therefore, wherever in the state of Florida that you were arrested, our law firm is available to speak with you about your case. The advantage of Musca Law is that our attorneys are local and could resolve your criminal matter without you having to return to Florida. Our attorneys will work hard to help you avoid pre-trial court appearances, which will help you save time and money. In addition, we will fight your criminal charges on your behalf and work tirelessly to resolve your legal issue before your criminal trial. In many instances, our law firm is notified by a potential new client that they did not know they had an arrest warrant in Florida. Sometimes a criminal investigation has begun and you need an attorney to obtain all necessary information and to appear as your legal representative. Our firm represents clients with failure to appear warrants and people who are in the process of being extradited to or from the state of Florida. 

The Criminal Cases We Handle – Call Us 24/7 (888) 484-5057

It takes decades of criminal defense experience to refine the legal skill required to successfully and effectively defend individuals charged with a criminal offense. At Musca Law, our criminal defense law firm has over 150 years of combined criminal law experience and our firm has established a stellar track record of success. Whether our clients need help navigating a DUI or drug offense or a sex crime, our team of dedicated criminal defense attorneys can provide you with an aggressive defense. Our attorneys work to understand your circumstances, effectively uphold your legal rights, represent your interests, and help you to exploit any weaknesses in your opponents’ case against you.

Musca Law invites you to speak with one of our caring and experienced criminal defense lawyers in Cape Coral, Florida so we may begin the process of protecting your legal rights and preparing your legal defense. Our attorneys take pride in our hard work, defending clients and ensuring that their best interests are always accounted for at every step of the way.

Musca Law is committed to providing our clients with personal attention and providing helpful legal guidance. Our law firm is open 24/7/365 to take your call should you be arrested, charged, and booked. Musca Law offers comprehensive criminal defense services for clients throughout the State of Florida. Musca Law has been featured on FOX News and NBC News because of our exceptional legal representation.

Call Musca Law at (888) 484-5057 to speak with an experienced criminal defense attorney in Cape Coral, Florida.

Cape Coral Area

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(239) 347-9225

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923 Del Prado Boulevard South
Unit 201
Cape Coral, FL 33990