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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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Port Charlotte Criminal Lawyers

Most encounters with law enforcement are intimidating by design.  Anxiety discourages individuals from confidently asserting their legal rights and motivates people to answer questions and agree to field sobriety tests, a roadside breath test, or a search.  The probability of a favorable outcome in a criminal case shifts significantly in the direction of law enforcement and prosecutors when arrestees or targets of an investigation do not assert their constitutional rights. If you are asked to participate in an interview with law enforcement or you have been arrested, your exercise of your right against self-incrimination (right to remain silent) and your right to counsel provide your first line of defense.  Law enforcement officers are not concerned with some abstract search for the “objective truth,” they are interested in contradictory statements, confessions, and assertions that lead to evidence indicating your guilt.

Port Charlotte Criminal Defense Attorneys

The best way to protect your rights and lay the foundation for an effective criminal defense strategy is to clearly assert your rights and to wait to speak to police until your Port Charlotte criminal defense lawyer is by your side. Once you have asserted your rights, your attorneys can help guide you through interrogations, object to suggestive lineups, challenge unlawful search and seizures, and otherwise defend you.  Our Port Charlotte criminal defense attorneys represent individuals charged with virtually every state, federal, and juvenile offense, such as:

Domestic Violence Lawyers in Port Charlotte

When you are accused of domestic violence, you must overcome more than law enforcement and prosecutors, you must confront the inherent bias in favor of alleged domestic violence victims.  Prosecutors and police face intense scrutiny from politicians and the media to be tough on spousal abuse and other forms of family and dating violence.  The false notion that “victims must be believed” turns the presumption of innocence on its head by suggesting a premature determination of the victim and perpetrator.  Because these accusations frequently arise after a relationship has soured between marital partners, parents of a child, or a boyfriend-girlfriend, the motivation behind these allegations can be getting revenge or securing an advantage in a family court case over a dissolution of marriage or parental timeshare arrangements.

Port Charlotte Domestic Violence Attorneys

Domestic violence charges pose an exceptionally serious threat to an individual’s future because these cases usually involve multiple charges.  Domestic violence will be charged as a separate offense along with stalking, battery, kidnapping, false imprisonment, assault or other offenses involving injury or death between parties in a relationship covered by Florida Statutes, Section 741.28.  These relationships include parties with a child in common, marriage partners, former spouses, parties related by blood or marriage, and parties who have lived together as a family.

Port Charlotte Domestic Violence Defense Strategy

If you have been accused of domestic violence, experienced domestic violence lawyers in Port Charlotte can provide a tenacious defense to avoid a sentence that could include incarceration, but also many other negative consequences, such as:
  • Assault/Aggravated Assault
  • Battery/Aggravated Battery
  • Kidnapping
  • Stalking/Aggravated Stalking
  • False Imprisonment
  • Criminal Offenses Resulting in Injury or Death
Seasoned Port Charlotte domestic violence attorneys can investigate the credibility of the alleged victim or other witnesses and review documents from hospitals, doctors, and law enforcement to build an effective defense.

Port Charlotte DUI Lawyers

While some people mistakenly assume that driving under the influence amounts to a sort of traffic violation, Port Charlotte DUIs constitute misdemeanors that carry mandatory minimum sentences under Florida law.  The judge MUST impose certain terms as part of your punishment if you are convicted.  If you are arrested for DUI with a blood alcohol level (BAL) over .15 or you have been involved in an accident causing physical injury, the offense can be charged as a felony.  If you have a prior DUI conviction, you also could face the threat of a felony conviction.

What Constitutes Driving Under the Influence in Port Charlotte? Florida Section 316.193

Florida law defines driving under the influence (DUI) as driving or exercising “actual physical control” of a vehicle while a motorist’s “normal faculties” are impaired or his or her blood alcohol level is .08 percent or higher.  See Florida Statutes, Section 316.193.  Florida law defines “actual physical control” as presence on or in the vehicle with the ability to operate it.  In other words, you do not have to be driving to be convicted of DUI. The judge will impose significant penalties for a DUI conviction even if it is a first offense with no factors meriting a sentence enhancement, including the following:
  • Misdemeanor criminal record
  • Driver’s license suspension for 6 months
  • Submission to substance abuse evaluation and required treatment plan
  • Supervised probation of one year
  • $500 minimum fine
  • Mandatory participation and completion of Victim Awareness Class
  • Impounding/immobilization of your vehicle for 10 days
  • Mandatory attendance at DUI Counter Attack Class
  • Minimum of 50 hours of community service
As if this is not bad enough, you could also face jail time.  Despite these harsh penalties, you should not simply accept the offer from the State Attorney because there are many effective defense strategies that can help you avoid a criminal record and these punishments.  These defenses include:
  • Insufficient facts to support pulling you over
  • Officer violation of your constitutional rights
  • Not driving nor exercising “actual physical control” of the vehicle
  • Lack of officer training or noncompliance with mandatory procedures when conducting field sobriety tests (FSTs)
  • No impairment of your “normal faculties” (ability to exercise judgment, see, estimate distances, talk, operate a car, hear, respond to emergencies, walk, perform routine mental and physical functions)
  • Improper administration of the chemical test of your breath or blood

Sex Crime Lawyers in Port Charlotte

Although no one wants to be accused of a misdemeanor or felony offense, the public condemnation typically directed toward sex crimes makes this type of accusation particularly damaging.  These allegations can harm your marriage, child-parent relationship, career, and housing alternatives.  Many sex crimes constitute felonies that carry long terms of imprisonment and other penalties, but mandatory participation in the Florida sex offender registry can do harm that will be felt long after a release from custody.

Port Charlotte Sex Offender Registration – Florida Statutes, Section 943.0435

If you suffer conviction of a sex crime that requires registration, you will either have to register as a “sex offender” [Florida Statutes, Section 943.0435] or a “sex predator” [Florida Statute, Section 775.21].  While either status is undesirable because your name, address, and crimes are a matter of public record, designation as a sex predator subjects you to even greater restrictions and constitutes a label that you cannot petition the court to have eliminated.  Even after a person designated as a “sexual predator” under the Florida Sexual Predator Act has been released from prison, he or she could face indefinite civil confinement in the Florida Civil Commitment Center (FCCC). If you are included on the registry with either status, a basic search of the internet will expose you to potential harassment and ostracization by employers, landlords, family, friends, neighbors, and others.  Some municipalities and counties in Florida have passed ordinances that impose even more significant restrictions than state law.  These draconian measures have relegated many people who have fully served their time and successfully completed treatment programs to virtual homelessness.

Port Charlotte Sex Crime Defense Strategy

Because our sex crime lawyers in Port Charlotte recognize the potentially catastrophic impact of sex crime allegations and inclusion on the sexual offender registry, we carefully investigate to identify defenses, such as:
  • Consensual Relationship
  • Statute of Limitation
  • Fabricated Accusations
  • “Tainted” Child Testimony
  • Suppression of physical evidence or incriminating statements
When you have been arrested and charged with one or more misdemeanors or felonies, invoking your right to counsel means you can have a skilled and experienced Port Charlotte attorney fighting for your future.


Our Skilled Port Charlotte Criminal Defense Attorneys Answer Your Calls, 24/7!

Due to our determined advocacy and diligent work ethic, we have established a successful track record over the years. Our Port Charlotte criminal defense lawyers are passionate about fighting to secure our clients’ futures with the best possible outcome.

To begin your journey to the best possible outcome, contact Musca Law for a free case evaluation today!

Port Charlotte Area

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(941) 840-5270

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18245 Paulson Dr Suite 130,
Port Charlotte, FL 33954