Naples 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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Naples Criminal Lawyers

Advocating for the Rights and Freedom of the Accused 

If you have been arrested or learn that you are the subject of a law enforcement investigation, you should be aware that you are protected by significant legal rights. The best option in either situation is to speak to experienced Naples criminal defense lawyers who will make the protection of your rights and liberty their priority. 

Regardless of what an arresting officer, detective, or prosecutor might tell you, the best option for obtaining a positive outcome involves asserting your legal right to remain silent and obtain legal counsel. The overcrowding in jails and prisons in Florida would be eased considerably if everyone consistently asserted these two Constitutional rights.

Driving Under the Influence in Naples (DUI) – Florida Statutes 316.193

Driving under the influence (DUI) in Florida occurs when “… a person is driving or in actual control of a vehicle” and impaired by alcohol or another chemical substance. See Florida Statute 316.193. If a motorist’s driving ability is adversely affected or he or she has a blood alcohol level (BLC) that exceeds .08% even when driving perfectly, the driver can be convicted for a DUI.

The Importance of Hiring a DUI Lawyer in Naples

While the penalties for a DUI conviction can be substantial, there are effective defenses that experienced Naples DUI attorneys can utilize to protect you. The penalties for a first offense DUI can be up to six months in jail, (9 months under certain circumstances) and a fine between $500-$1,000 ($1,000-$2,000 with certain exacerbating factors). Other potential consequences may also result from a first or subsequent charge, such as mandatory DUI classes, the installation of an ignition interlock, probation, loss of driving privileges, significant fines and costs, and more.

Naples DUI Defense Strategy

Your Naples DUI lawyers will carefully analyze your entire interaction with law enforcement from the time you were followed and pulled over to the booking process at the jail. This scrutiny will include officer observations before and after you are pulled over, standardized field sobriety tests (SFSTs), and formal chemical tests of your BAL. The officer might have lacked a sufficient factual basis to stop you or a sample collected for testing might have been improperly collected or stored. Because you only have 10 days to request a hearing to fight an administrative suspension of your driver’s license, you should seek legal advice immediately if you are facing any of the following:

Florida DUI Penalties 

The severity of a DUI penalty depends on the level of your BAC at the time of the arrest, as well as if others were either in the vehicle or involved in the accident if there was a collision. 

Additionally, Florida law leaves a certain level of discretion up to the judge overseeing your case though there are minimum and maximum limits placed on certain penalties. 

Regardless of if it’s your first or third DUI conviction, you may face penalties including jail time, probation, driver’s license suspension, vehicle impoundment, community service, DUI school, and a permanent criminal record. 

First DUI Conviction

  • If your blood alcohol level (BAC) was over .08% but under 0.15%:
    • You can be fined $500-1,000
    • You can be jailed for at least eight hours and up to six months 
  • If your BAC is over 0.15% or if you were driving with a minor: 
    • You can be fined $1,000-$2,000
    • The maximum jail time is increased to nine months 
  • Mandatory 50 hours of community service which can, in some cases, be bought out at a rate of $10 per hour of service 
  • Maximum of one-year probation 
  • 10-day vehicle impoundment 
  • Revocation of driver’s license for six months to one year

Second DUI Conviction

  • If your BAC was over .08% but under 0.15%: 
    • Maximum fine of $1,000-$2,000
    • Jail time of up to nine months 
  • If your BAC was over 0.15% or you were driving with a minor
    • Minimum fine of $2,000 to $4,000
    • Jail time up to one year. Alcohol or drug abuse treatment programs may be usable in exchange for jail time.
  • If second DUI occurs within 5 years of the prior conviction, 10 days of imprisonment are mandatory
  • Mandatory probation for 180 days to one year 
  • Revocation of driver’s license for a maximum of 5 years 
  • Vehicle impoundment for up to 30 days 
  • Installation of an ignition interlock device 
  • Required attendance at a Florida DUI school and discretionary alcohol treatment program 
  • Adjudication of Guilt statement on their criminal record
  • If DUI involves an accident, property damage, or injury, the accused is required to pay financial restitution to those affected.

Third DUI Conviction

  • If your BAC was over .08% but under 0.15%: 
    • Fine of $2,000-$5,000
  • If your BAC was over 0.15% or you were driving with a minor
    • Minimum fine of $4,000
  • Mandatory minimum of 30 days in jail if third DUI was within 10 years of a previous conviction
  • Jail time of up to five years in state prison 
  • License revocation up to 10 years 
  • Vehicle impounded for up to 90 days 
  • Ignition lock device implementation
  • Required participation in Florida DUI school and alcohol treatment programs 
  • If third DUI was within 10 years of previous DUIs, a permanent felony conviction will be added to your criminal record 
  • Required community service of up to 50 hours with a potential buyout option at $10 per hour. 

Fourth and Subsequent DUI Convictions

  • Minimum fine of $2,000. Maximum fine of $5,000
  • Imprisonment of up to five years in state prison 
  • Maximum of five years probation 
  • Lifetime revocation of driver’s license 
  • Vehicle impounded for 90 days 
  • Ignition interlock device implemented
  • Mandatory participation in Florida DUI school and alcohol treatment program
  • Permanent felony conviction 
  • If the DUI resulted in an accident, property damage, or personal injury, the driver is required to pay financial restitution 
  • Required community service of up to 50 hours with a potential buyout option at $10 per hour. 

Naples Domestic Violence Lawyers – Turning a Shield into a Sword

Florida statutes define “domestic violence” to include “assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or criminal offense resulting in physical injury” committed by one family/household member against another. See Florida Statute 741.28. 

The expansive nature of this definition means that even an isolated incident of pushing or grabbing between a couple, parent and child, or siblings could result in an arrest for domestic violence. The consequences of a conviction not only include formal penalties, such as incarceration, mandatory participation in Batterers Intervention Programs, probation, and other punishments, but also long-term informal consequences.

Penalties for Domestic Violence Convictions in Florida

A domestic violence conviction in Florida can permanently and drastically tarnish your reputation as well as your future job prospects. Those convicted of domestic violence may be ordered by the courts to serve a minimum of one year of probation during which their actions and behaviors will be closely monitored and restricted. The convicted may also be required to enter a batterers’ intervention program. 

These consequences are added on to the mandatory five day stay in a county jail that is mandated by Florida Law. Anyone who’s convicted of domestic violence and is determined to have intentionally caused bodily harm must spend at least five days in jail. Depending on the severity of the crime and the judge’s decision, this term may be extended. 

In addition to probation and a mandatory minimum jail sentence, those convicted of domestic violence in Florida may also be required to commit hours of community service and can be jailed for even longer periods of time. 

Naples Domestic Violence Attorneys

Because the impact of domestic violence charges extends beyond the formal punishment, allegations of this nature might be raised based on improper motives. For example, the complaining witness might make these allegations to obtain an advantage in a divorce and child custody case. These allegations can also cause the loss of a security clearance, revocation of a concealed carry permit, or limitations on where you can be present, which can threaten or damage one’s career.

Experienced Naples criminal defense lawyers investigate the medical evidence, grounds for witness bias, and other evidence to alleviate such consequences. Our skilled attorneys also can represent clients facing charges of violating a no-contact or restraining order.

Florida Sex Crimes – The Impact of Sex Offender Registration

While any criminal conviction can have a negative impact on your life, sex offenses often carry a lifetime penalty that endures long after any jail time or probation has ended. Many sex crime convictions require registration as a sex offender, which makes sex crime information available to the public and limits your choices in terms of where you live, work, or visit. 

If you are convicted of a sex crime like rape, child molestation, date rape, child exploitation, federal sex offenses, the Romeo & Juliet law, spousal rape, bestiality, prostitution, human trafficking, indecent exposure, incest, internet & computer sex crimes, failure to register, solicitation, sexting, or other sex offenses, experienced legal representation can help prevent and mitigate the negative consequences of such convictions.

While the specific defenses to sex crimes will depend on the charges, seasoned Naples criminal defense lawyers will force the prosecutor to prove every element of a charged offense beyond a reasonable doubt. Defense attorneys can also engage in cross-examination to expose witness perception errors, dishonesty, and bias. The process of building an effective defense also often involves working with private investigators and forensic experts, as well as conducting forensic testing of physical evidence.

Naples Criminal Attorneys Provide a Solid Defense Against the Full Spectrum of State and Federal Offenses

While the offenses above constitute cases that we see on a regular basis, other criminal cases our attorneys handle include:

Violent Crimes – Whether you are accused of murder, manslaughter, homicide, robbery, armed robbery, assault, battery, or related charges, Naples attorneys can support your case. We understand that these types of offenses tend to be investigated and prosecuted with significant vigor because they routinely involve injury or death to another person. In addition, violent offenses frequently carry the most serious penalties.

Theft Crimes – Although offenses like burglary, possession of stolen property, passing a bad check, and other crimes involving theft of property or money do not involve physical harm, they can still result in significant penalties that include jail/prison, significant fines, restitution, probation, and more.

Weapons Offenses – If you are facing a weapons charge like unlawfully carrying a concealed weapon, possession of a gun as a convicted felon, or another firearm-related offense, the penalties can be a lengthy prison term and significant fines.

Financial Crimes/White Collar Crimes – State and federal agencies have focused increasing resources on pursuing so-called “white collar crimes.” Individuals facing this type of charge often are highly respected professionals who have no criminal record. 

Because these cases frequently involve complex paper trails and sophisticated financial transactions, an individual accused of such an offense would benefit from Naples criminal defense attorneys who are familiar with criminal charges such as the following:

Drug Crimes – Drug charges can be state or federal, but the penalties associated with drug offenses can result in long prison terms, especially when the allegations include intent to sell or other drug dealing-related charges. Given the high degree of publicity and political scrutiny of the opioid epidemic, doctors, pharmacies, and other healthcare professionals have increasingly been targeted for prosecution by law enforcement officials. We invite you to contact us if you are facing charges like the following:

Naples Criminal Defense Attorneys

We invite you to contact one of our experienced criminal defense lawyers in Naples so that we can start protecting your legal rights. We pride ourselves in working with clients to build a tenacious defense and support your best interests at every step along the way.

Florida Criminal Defense FirmDEDICATED TO DEFENDING YOUR RIGHTS

Trust in Proven Experience & Results

When it comes to criminal charges, you want someone who understands the law in-depth and uses that knowledge to fight for you. Don’t risk your future by hiring an inexperienced attorney. Our criminal defense lawyers in Naples have over 150 years of collective experience protecting clients.

Call (239) 237-3588 to discuss your case during a free consultation today!


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(239) 237-3588

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2800 Davis Boulevard Suite 101,
Naples, FL 34104