Criminal Defense Lawyers in Collier County, Florida
Collier County Criminal Defense Overview
If you were charged with a criminal offense in Collier County, Florida, it is critical to know where to turn for skilled legal representation, which can make a significant difference in your case. Waiting to the last minute to desperately scramble to find legal counsel in Collier County may cause you to face a perilous situation. Florida’s criminal justice system is replete with complex legal systems such as statutes, rules, appellate decisions, in addition to constitutional provisions and corresponding interpretations. As such, it is critical to find a skilled Collier County Criminal Defense Attorney with a solid representation who can assist you in avoiding the serious consequences associated with a conviction pursuant to Florida law.
The Collier County criminal defense attorneys with Musca Law possess over 150 years of criminal trial experience defending clients against state charges as well as federal indictments. The extensive experience gathered by Musca Law’s Collier County Criminal Defense Lawyers is an invaluable tool that thousands of satisfied clients have relied upon when caught in Florida’s revolving door of criminal justice. Call Musca Law today at 888-484-5057 to consult with one of our skilled and accomplished Collier County criminal defense attorneys about your rights and discuss what we could do to protect your freedom and livelihood.
Criminal Offenses in Collier County, Florida
The Florida Legislature created laws that impose penalties for criminal offenders that are contingent upon the seriousness of the offense and other relevant factors. Minor criminal offenses such as drunk and disorderly conduct may not require imprisonment however, a person with a criminal record who engages in such crimes as violent felonies could face a decades-long prison sentence.
Florida’s graduated punishment scheme prescribes the maximum sentence for each offense, along with the potential maximum fine, as follows:
Category of Offense
Maximum Period of Incarceration
Maximum Allowable Fine
Sixty-Days in County Jail
One-Year in County Jail
Five-Year Prison Sentence
Fifteen-Year Prison Sentence
Thirty-Year Prison Sentence
Incarceration for Life without Parole
The presiding judge in one’s case will determine the severity of the offense based upon the charges sought after by the prosecution and ascertain the maximum sentence allowable by the applicable law. Additionally, the sentencing judge must complete Florida’s sentencing scoresheet to arrive at a sentence that is consistent with other sentences for the same crime in similar circumstances across the state. Florida’s sentencing scoresheet promotes fair and consistent sentencing, however, it does not place sufficient evidence on individualized treatment, especially in drug-related cases.
In addition to facing incarceration and heavy fines, the sentencing judge may issue a period of probation after the offender’s release from prison or jail.
Musca Law is a Full-Service Criminal Defense Law Firm for Collier County
Because a felony conviction could deprive the individual of certain constitutional rights, face imprisonment, be required to pay a hefty monetary fine, lose out on educational opportunities, and be unable to pursue financial opportunities, it is critical to hire a skilled Collier County Criminal Defense Attorney at Musca Law. Our attorneys have a significant background in criminal defense practice. We handle a broad spectrum of criminal cases, from capital offenses to misdemeanors. We also vigorously defend those who reside outside the state of Florida. Call us today at 888-484-5057 to learn what we can do for you.
Defense of Controlled Substance Charges in Collier County, Florida
Prosecutors and narcotic investigators alike engage in a constant cat-and-mouse with those who are charged with the sale of drugs. Moreover, the prosecution often seeks the most severe potential state prison sentences, with minimum-mandatory sentences dictated by §893.13 of the Florida Statutes.
Musca Law’s Collier County criminal defense lawyers represent people charged with drug crimes such as:
- Possession of drugs or narcotics intending to engage in the sale or distribution of same;
- Trafficking in controlled substances;
- Possession of drug paraphernalia used to consume or distribute drugs;
- Conspiracy to violate Florida’s controlled substances laws; and
- Simple possession of drugs like crystal meth, heroin, morphine, fentanyl, cocaine, and marijuana, along with synthetic drugs.
Not every offender receives a lengthy prison sentence. It is important to realize that putting someone in jail for having a drug addiction may not be the right course of action. That is why there are alternatives to incarceration, which are becoming increasingly popular in Florida to treat the disease, such as:
- Substance abuse counseling;
- Drug court;
- Outpatient drug rehabilitation;
- Residential drug treatment,
- Referral to dual-diagnosis programs to treat mental illness and drug dependence; and
- Probationary conditions like abstinence and urine screen protocols to ensure compliance.
Offenders who do not have a criminal record or those who are non-violent offenders could qualify to receive alternatives to imprisonment to address their drug addiction. This is why it is critical to have a qualified Collier County Criminal Defense Attorney to advocate on your behalf, who can pursue a dismissal or deferred adjudication with attendance in alternative programs in order to avoid imprisonment.
Domestic Violence Arrests in Collier County, Florida
Florida Statutes §741.28 defines “domestic violence” as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”
Florida’s domestic violence laws are applicable to charges where the alleged offender and the alleged victim are either household members or families. Household members or family members are those who are separated, married, living together as a family, divorced, or at one time lived together as a family. Family includes the parents of a child, even if they never resided in the same dwelling. Household members must live in the same dwelling to satisfy the definition of domestic violence.
Those who are charged with domestic violence face extended prison terms, with minimum-mandatory sentences after a conviction. The individual could also be subject to a probationary period to ensure that he or she does not become a recidivist. Keep in mind that in addition to the above consequences, the perpetrator can face additional repercussions such as GPS monitoring, batterer’s counseling, a permanent domestic violence injunction, and the surrendering of ammunition and firearms.
Sex Offenses in Collier County, Florida
Sex crimes are heavily prosecuted in Florida. However, claims of sexual abuse can be exaggerated or fabricated. People who do not work in the justice system often have difficulty in grasping that concept. Tragically, many lives have been negatively affected by accusers who want to exact revenge or garner sympathy, which is why they often fabricate claims sexual abuse that could land the alleged offender in prison for life.
Musca Law’s Collier County Criminal Defense Attorneys defend clients charged with a number of different sex offenders, which are as follows:
- Sexual Assault
- Sexual battery
- Solicitation of prostitution;
- Refusal to enter into the sexual offender registry;
- Human trafficking;
- Sexually motivated crimes against minors, including creating, possessing or distributing child pornography; and
You must be in a position to fight for your life if you are facing sexual offense charges or if you are subject to an investigation for a sexual offense in Collier County. Prosecutors in Collier County often assert that the alleged offender must face an extended prison term and other serious consequences. At Musca Law, we fight vigorously to represent alleged sex offenders and develop the strongest defense strategy possible. We will fight with you every step of the way and seek to have your charges reduced or completely dismissed.
DUI Charges in Collier County, Florida
Driving under the influence, or DUI, is very dangerous, and could result in serious bodily injury or death to the alleged offender as well as everyone around them. Florida’s DUI law, codified at Florida Statutes §316.193, represents the public policy that impaired drivers must face harsh consequences, and that the person’s actions should not be tolerated, even if he or she has never been arrested for a DUI.
DUI charges in Collier County could include:
- DUI as a repeat offender;
- DUI resulting in death, known under Florida law as DUI manslaughter;
- DUI resulting in serious bodily injury;
- Driving a commercial vehicle while under the influence;
- DUI causing serious property damage;
- Driving with a blood-alcohol level of .15% of above;
- Driving under the influence of drugs or alcohol;
- Driving under the influence with a child younger than eighteen in the vehicle; and
- Driving with a blood-alcohol level of .15% of above,
The potential sentences for DUI charges in Collier County range from six months in jail with a probation term, to up to fifteen years in prison following a DUI manslaughter conviction. DUI convictions result in a revocation of the offender’s driver’s license, the requirement to attend a driver’s educational course, the requirement to pay hefty monetary fines, the requirement to perform community service, and the offender may be subject to substance abuse counseling at the his or her sole expense.
Boating under the influence, or BUI, is also a serious crime in Collier County. The potential penalties for BUIs are nearly identical to those imposed upon a conviction for DUI cases.
Theft Crimes in Collier County, Florida
Florida Statutes §812.014 provides that “[a] person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: [d]eprive the other person of a right to the property or a benefit from the property; or “[a]ppropriate the property to his or her own use or to the use of any person not entitled to the use of the property.” The potential penalties for theft range from misdemeanors to extended prison terms. The length of the jail term, as well as the potential probationary period, coupled with an order to pay restitution, will be determined by the presiding judge at the sentencing phase of one’s case.
Common theft offenses brought in Collier County are:
- Grand theft;
- Petit theft;
- Identity theft; and
Those who are victims of theft are often vulnerable individuals such as the elderly, who often fall prey to scams. A judge at sentencing will ascertain the impact of the theft crime on the victim when determining the appropriate penalties upon the defendant.
Violent Crimes in Collier County
Crimes involving violence Collier County are heavily prosecuted. The victims of violent crimes typically demand that the perpetrator be brought to justice. Despite the public outrage, the person charged is innocent until proven guilty, and no public outrage can pierce that veil.
Violent offenses that are typically committed in Collier County are as follows:
- Attempted murder;
- Vehicular manslaughter;
- Aggravated battery;
- Assault and battery; and
- Rape or sexual battery.
These enumerated crimes are some of the most egregious and serious charges that an individual can face in Collier County. If a person is charged with any of the above violent crimes, he or she can face long prison terms, life in prison, and even the death penalty. That is why it is critical to have a skilled attorney who can fight for your legal rights and seek to have the charges reduced or dismissed. Too much is at stake to trust any other attorney to represent you in these circumstances.
Cyber Crimes and White Collar Crimes in Collier County
Cyber crimes are treated very seriously in Collier County. Cyber criminals hide behind their technological skills to victimize innocent people. In essence, cyber crimes are committed electronically or through the use of the internet. Cyber crimes include credit card fraud, fraud, embezzlement, theft, sex crimes, and identity theft. With regard to sex-related crimes, the internet and personal electronic devices are often used to distribute child pornography, solicit prostitution, human trafficking, and prostitution.
White Collar Crimes in Collier County
“White collar” crimes are those that are non-violence offenses, which often have a detrimental effect on businesses as well as the community at large. This is why Collier County judges take these cases very seriously. White collar crimes include gambling, theft, embezzlement, and racketeering.
Juvenile Justice in Collier County
According to scientific research conducted over the last decade, it has determined that children’s brains, especially males, do not fully develop under the individual is in his or her mid-20s. This result of this research has been instrumental in determining how juveniles should be treated under Florida’s criminal justice system. Changes have not been expeditious, however, there has been a shift in the consequences associated with a juvenile crime which focus on rehabilitation and formal education training rather than imprisonment in a juvenile detention center. However, some juveniles, such as those who engage in violent behavior, could wind up in a state prison if tried as an adult, or be imprisoned in a juvenile detention center.
A lawyer who understands how vital it is to steer one’s child out of the juvenile justice system through alternative consequences such as a diversion program can help prevent a minor from ruining his or her life while he or she is still a child. Unless the minor is tried as an adult, the juvenile will not have a public criminal record.
Protective Injunctions in Collier County
Judges in Collier County handle hundreds of injunction petitions to prevent violence on an annual basis. Under Florida Statutes §784.0485, it allows a presiding judge to have the discretion to issue injunctions to prevent harm or violence. Florida law permits judges to issue any one of five injunctions to prevent against harm, which include:
- Dating violence;
- Sexual violence;
- Domestic Violence;
- Repeat violence; and
The alleged abuse victim can request from a civil – not criminal – court by filing a document known as a petition in Collier County. Following the filing of the petition, the judge has the discretion to issue a temporary injunction that lasts for up to fifteen days. At the end of this time period, the judge holds a final hearing on the merits of the petition and decides whether to issue a permanent injunction, which restricts a person’s freedom and valuable rights.
Free Criminal Defense Case Review
Contact Musca Law at 888-484-5057 to consult one of our dedicated Naples Criminal Defense Lawyers. We are available 24/7 to advise you of your rights and take all the necessary steps to protect you and your family. Don’t wait – contact Musca Law right away to learn more about your legal rights and options. We look forward to making a difference for you!