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Attorney John Musca

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Attorney John Musca

Our Winning Strategy to Win Your Case

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Daytona Beach Criminal Lawyers

Although encounters with police, detectives, and/or federal agents can be disturbing, the way you respond to such an encounter can go a long way toward keeping you out of jail. While the prospect of taking on the state or federal government can be daunting, the criminal justice system has armed individuals with powerful rights to use when facing overzealous prosecutors or officers who engage in a rush to judgment. While law enforcement officers might appear to want to help you, their goal is to obtain evidence that justifies pursuing a case against you and obtaining a conviction.Despite what you might be told by the detectives or agents who interview you, the best option to protect your freedom, reputation, and future is to indicate that you want to remain silent until you have a Daytona Beach criminal lawyer by your side. Experienced attorneys can protect you from unfair questions, overly suggestive lineups, deceptive or coercive interrogation tactics, and other conduct that infringes your legal rights. Our law firm handles the full spectrum of Daytona Beach criminal cases, such as:

Knowledgeable Domestic Violence Lawyers in Daytona Beach

Although the public has become more aware of domestic violence in recent years, the increased media exposure has prompted a significant increase in false reports. The issue of domestic abuse certainly merits attention, but some so-called “victims” have manipulated this attention to their advantage. We have had clients who were arrested after responding to a spouse, parent, significant other, co-parent, or sibling who threw the first blow or repeatedly struck our client. In other cases, we see clients targeted by complaining witnesses who use fictitious claims to gain a strategic advantage in a family court matter involving child custody/visitation or a divorce.Under Florida Statutes, Section 741.28, domestic violence includes crimes like kidnapping, threats of violence, stalking, acts of violence, false imprisonment, and other crimes that cause injury or the death of any of the following:
  • Current or Former Spouse
  • Blood or Marital Relation
  • Persons Currently or Formerly Living Together as a Family
A domestic violence conviction means penalties that could include incarceration, 26 weekly batterers intervention sessions, fines, probation, and a criminal record. Because the conviction cannot be expunged or the record sealed, the conviction can significantly impact your career because you might be subject to a prohibition regarding owning a firearm and carrying a concealed weapon.

A Team of Daytona Beach DUI Lawyers

Far too many people pulled over for a DUI in Daytona Beach cooperate through every step of the process by answering the officer’s questions, consenting to field sobriety and portable breath tests, and agreeing to the first plea offer from the prosecutor. This approach often reflects the misconception that DUI prosecutions are based on “hard science,” which means that a stop or arrest will lead inevitably to a DUI conviction. Contrary to this widespread belief, our experienced Daytona Beach DUI lawyers recognize that much of the evidence used in DUI cases is not reliable, and we have used an array of defenses to shield our clients from the impact of a DUI conviction.Florida Statutes, Section 316.193 enumerates two distinct forms of driving under the influence. DUI involves driving or exercising actual physical control over a vehicle if (1) the individual has a blood alcohol level of .08 percent or higher or (2) the person’s normal faculties are impaired. Violations of this provision can lead to a range of penalties depending on the circumstances and prior convictions, such as:
  • Incarceration in jail or prison
  • Substantial fines and costs
  • Suspension of your driver’s license
  • DUI school
  • Probation
  • Impounding of your vehicle
  • Required installation of ignition interlock device (IID)
The penalties become even more onerous if certain exacerbating circumstances exist like transportation of a child passenger or record of prior DUIs. Our attorneys often obtain a dismissal, substantial reductions in the charge or punishment, dismissal of the charges, or an acquittal following a trial.

All About DUI Evidence in Daytona Beach

We recognize the inherent weaknesses and unreliability of a fair amount of DUI evidence, such as:Unreliability of Standardized Field Sobriety Tests (SFSTs) Even when these tests are administered precisely according to the strict procedures and guidelines, studies reveal that they collectively have an error rate of between 10-20 percent. Many officers are not properly trained to administer and evaluate the tests, and officers who have appropriate training still often fail to comply with these requirements, which often makes the test highly unreliable.Reliance on Officer Observations Officers often cite their observations prior to or during an initial stop to justify a DUI investigation and arrest. However, the officer might have had an insufficient basis to stop your vehicle or made false claims regarding observation of your red eyes, the smell of alcohol on your breath, lack of coordination, and slurred speech. If these purported observations did not exist or were exaggerated, exclusion of all subsequent evidence might be justified.Faulty Chemical Tests of Blood Alcohol Level Although many people think that breath, blood, or urine tests are reliable predictors of alcohol or drug intoxication, many factors can compromise the reliability of results, such as:
  • Improper collection of blood or urine samples
  • Failure of the officer to properly observe a waiting period prior to a breath test
  • Lack of compliance with proper procedures for mixing, storing, and transporting samples
  • Use of a breathalyzer that has not been properly calibrated
Along with these types of defenses, many officers have an insufficient legal basis to stop your vehicle or to arrest you for DUI. The lack of “reasonable suspicion” for the stop or “probable cause” for an arrest could lead to exclusion of all the evidence gathered and dismissal of the charges.

Sex Crime Lawyers in Daytona Beach

While no one wants to be convicted of a crime, the mere accusation that you have committed a sexual offense can seriously affect your reputation. Our sex crime lawyers in Daytona Beach see many people who have been arrested for these serious offenses based on nothing more than the allegations of the complaining witness. Our law firm recognizes the devastating impact of a conviction of this kind of offense, so we carefully investigate the facts, identify and interview witnesses, examine and test forensic evidence, and closely review law enforcement procedures.

Our Daytona Beach Sex Crime Defense Lawyers Handle a Variety of Cases

Our approach and decades of collective experience enable us to provide an effective defense to charges that include but are not limited to the following:

A Reliable Team of Daytona Defense Lawyers

If you discover that you are the subject of a criminal investigation or you have been arrested, our Daytona defense attorneys devote all our energies, legal acumen, and experience to provide the best possible defense.


Beat Your Criminal Charges. Call Musca Law Today.

Whether you are fighting sex crime accusations or need to beat your DUI charges, our defense team is here to help. We bring decades of combined insight and experience to each and every case we take on. When you want your rights aggressively protected, be sure to turn to Musca Law.

Request a free case evaluation by calling our firm at (386) 269-9010. We are ready to help you.

Daytona Beach Area

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(386) 269-9010

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211 E International Speedway Blvd, Suite 205,
Daytona Beach 32118