Florida Criminal Attorneys Blog

A Police Officer on patrol noticed a suspicious vehicle parked behind a bar that had closed for the night. The Officer investigated the car further and found the driver slumped over the steering wheel, passed out. The Officer banged on the car window for several minutes before the driver finally awoke. The Driver acted confused and unaware of his surroundings.

 The Officer asked the driver to exit his car to discuss the situation. The confused Driver panicked. He started struggling with the car door and screaming, "I do not know how!" "I do not know how!" The Officer had to assist the driver with directions on how to open the car door and exit his vehicle. The dazed Suspect climbed out of the front seat using the door frame for support. The Officer immediately smelled alcohol seething from him.

The Driver also had watery eyes, slurred speech, unsteady balance and obvious confusion. The Officer questioned the Suspect on his alcohol consumption during the evening. The Driver confessed that he had 7 or 8 beers inside the bar. The Driver refused to participate in any Field Sobriety Exercises and refused to submit to a Breathalyzer Test. The Suspect was subsequently arrested and charged with DUI.

Continue reading "Driver Passed Out in Car Arrested for DUI" »

The Police are called to a local bar after a drunken patron refuses to leave the location. Management states that the bar fly was thrown out of the establishment when his behavior turned belligerent and violent. When the Police arrived on the scene, they observed the suspect acting out in an erratic and aggressive manner.

The Defendant was shirtless, screaming profanities and throwing his arms in the air as if provoking a fight. After noticing the Police, the Defendant became even more agitated and started kicking a glass entry door to the bar.

An Officer pulled the suspect aside in an attempt to calm him down. During their interaction, the Officer took notice that the Defendant's arms and face were covered in fairly fresh abrasions that were just beginning to scab over. After inquiring about the scrapes, the Defendant told Police that he was involved in a fight downtown the night before. During conversations with the Officer, the Defendant would not lower his voice.

Continue reading "Drunken Suspect Rumbles with Police and Loses" »

Collier County, FL.  At Musca Law, our traffic violation lawyers represent Florida residents, over-the-road truck drivers, and tourists who have received citations for traffic violations such as: speeding/racing/reckless driving, driving too fast for conditions, driving on a suspended or revoked license, drunk driving/DUI charges, careless driving, stop sign violations, Commercial driver's license (CDL) offenses, and improper or excessive lane changes. If you get a traffic ticket, an experienced Florida traffic violation lawyer can appear for you at a hearing, challenge the law enforcement officer to prove the infraction beyond a reasonable doubt, and minimize the damage to your driving record by requesting that no points be assessed by the court.

Frequently, a traffic infraction can involve complex issues that need to be sorted through. An experienced attorney can help guide the process to a successful outcome. Recently, Musca Law was retained by a client who was charged with an offense because her driver's license did not reflect the fact her vision was corrected through surgery.

Our client was pulled over for speeding and for an expired tag.  During the stop, it was determined that she did not have proof of insurance, had an expired tag, and was not wearing corrective lenses in violation of a restriction on her driver's license.  She was cited for expired registration (a traffic citation) and violation of restriction on driver's license, under Florida Statute 322.16 (a criminal misdemeanor offense).  She paid the traffic citation as it was the only way to immediately clear her driver's license and allow her to drive.  However, the misdemeanor offense remained.

Continue reading "Lasik Eye Surgery Client Caught Speeding - Charged with Violation of Driver's License Restriction: CHARGE DROPPED!" »

Attorneys at Musca Law stress the importance of retaining experienced criminal defense counsel to protect your constitutional rights after an arrest. A defendant may retain an attorney at any stage of their case, whether it is during the investigation, or the night before their arraignment.

Lawyers have become increasingly specialized, so it is important to retain an attorney with experience in your type of legal issue. While an attorney may claim they can handle your criminal case, if it is not an area they typically practice, you may want to reconsider their claim. The representation may cost more because the attorney must put time and effort into researching the particularities associated with the issue.  As well, an experienced criminal defense attorney will be much more familiar with the proper channels and people to deal with in order to obtain the best possible outcome on your behalf.

Punishment for a criminal conviction can be severe, emphasizing the importance of retaining counsel with experience in protecting the rights of clients. Maintaining an aggressive defense to avoid a conviction is especially important for an enhanceable offense. An enhanceable offense is one that results in a tougher sentence for each additional time there is a conviction. For example, driving with a suspended license and driving under the influence (DUI) are both enhanceable crimes. The first and second DUI convictions are misdemeanors, but if a person is convicted of two DUI's, they will face felony charges for the third arrest in that time frame.

Continue reading "CASE EXAMPLE: Court Imposed Illegal Sentence Set Aside. The Importance of Retaining an Experienced Criminal Defense Attorney. " »