Florida Criminal Attorneys Blog

Collier County, FL.  A twenty-six year old father of four was stopped when an officer noticed a defaced license plate and what appeared to be an illegally tinted window on the vehicle. When a routine check revealed that the license of our Client was suspended for delinquent child support payments, he was arrested for Driving While License Suspended (DWLSR).

At the time of arrest the Client was on probation for Burglary of a Dwelling, Grand Theft and Habitual Driving on a Suspended License.  Therefore, he received additional charges of two Felony Counts of Violation of Probation. If convicted on the Violation of Probation charges, the Client was facing a maximum sentence of 25 years in prison. 

In the State of Florida, there are two types of probation violations, technical and substantive. A technical violation is any violation of either the general, or special, conditions of the probation. Some examples include: failure to pay court costs or fines, missing a probation meeting, or change of address without permission. Substantive violations occur when the probationer commits a new criminal offense. Violation of probation is a serious offense. Penalties for violating probation can result in a judge revoking probation. If a judge revokes probation, Florida law allows the judge to impose the maximum penalty for the charge.

In Florida, as in most states, the failure to pay court ordered child support can give rise to many forms of penalties. A teaching certificate or professional license may be suspended or denied along with other licenses or registrations, like fishing, driving and hunting license. 

 
However, the Florida Statute (FS 322.34) provides that the driver must have actual knowledge that the license was suspended. During his extensive research of the case, the Musca Law Defense Attorney discovered that the Client had no actual knowledge of the child support hearing that lead to the penalty that suspended his license. The Attorney argued, to the

Continue reading "Father of Four Facing 25 years for Probation Violation: Found NOT GUILTY by Judge!" »

MONROE COUNTY, FL.  In the State of Florida every DUI defendant has the constitutional right to a trial by jury. At Musca Law, our experienced DUI trial attorneys have exceptional litigation and legal skills in the area of drunk driving defense. Our familiarity with the constitutional defense relating to reasonable suspicion of drunk driving, probable cause to stop a vehicle and make an arrest, or the permissibility of a checkpoint, can help prevent a DUI conviction. With over 100 years of combined legal experience, we use a team approach to aggressively challenge the State on proving the key elements necessary for a DUI conviction. Our attorneys devise effective DUI defense strategies designed to protect the driver's rights, push the matter to trial, and create reasonable doubt in the minds of jurors. We make every attempt to prevent a DUI conviction.

In a recent DUI court victory, Attorney John Musca fought to obtain a not guilty verdict for a DUI client. The accused drunk driver was searching for a friend's home in an unfamiliar neighborhood. A resident became suspicious of our client's vehicle and took it upon himself to contact an off-duty Florida Fish and Wildlife Officer living in the area. The eye witness

Continue reading "Man Accused of Drunk Driving Found With Xanax in Trunk & Open Bottle of Vodka - DUI Trial Attorney Obtains NOT GUILTY by Jury " »