Musca Law

Firm Overview

• Focus on defending all types of criminal investigations and cases in Florida state and federal courts.
• Handles both misdemeanors and felonies, including DUI, sex crimes, domestic violence, drug crimes, theft offenses, violent crimes, traffic-related crimes, white collar offenses, probation violations, and other criminal matters.
• More than 150 years of combined criminal defense experience among the firm's attorneys.
• Attorneys recognized in The National Trial Lawyers – Top 100 Trial Lawyers, 2012 Florida Super Lawyers® for criminal defense, and with 10.0 Superb Avvo ratings.
• Emphasis on aggressive, calculated defense tactics aimed at exploiting weaknesses in the prosecution's case and protecting clients' constitutional rights.

Miami Criminal Defense Focus

• Represents clients in Miami and across Miami-Dade County who are under criminal investigation, have been arrested, or are facing formal criminal charges.
• Defends clients in DUI and other serious driving offenses, sex crimes, domestic violence cases, drug offenses, theft and property crimes, violent crimes, white collar and financial crimes, weapons charges, probation violations, injunction and protective order matters, and other state and federal criminal cases.
• Offers free case evaluations and 24/7 availability by phone so potential clients can speak with a criminal defense attorney as soon as possible after an arrest or investigation.

Client-Centered Approach

• Works to ensure that every stage of a criminal case is explained so clients understand the process and their options.
• Investigates the facts of each case, reviews police reports, witness statements, and other evidence, and develops a tailored defense strategy.
• Aims to obtain the best possible outcome, which may include dismissal of charges, reduction of charges, favorable plea negotiations, or proceeding to trial when appropriate.

• A case may begin with an arrest or a notice to appear in court.
• Being arrested or charged is serious and can affect a person's life for years.
• Musca Law encourages individuals to contact a criminal defense attorney as soon as possible after an arrest or interrogation.

Booking

• After an arrest, police normally transport the accused to county jail for booking.
• Booking includes taking a photograph, recording personal information, and inventorying personal belongings.

First Appearance / Advisory Hearing

• Within 24 to 48 hours after an arrest, the accused usually appears before a judge for a first appearance (also called an Advisory).
• The judge informs the accused of the charges, addresses the right to counsel, and reviews bond.
• The judge may set or modify bond conditions, reduce bond, or in some cases deny bond.

Arraignment and Formal Charges

• At the Arraignment Hearing, the accused enters a plea of guilty, not guilty, or nolo contendere (no contest).
• Even when a person does not plan to contest a charge, a not guilty plea can give the defense more time to review the case.
• If the prosecutor decides to move forward, they file formal charges (an "Information") listing the specific offenses being pursued, which can differ from the initial arrest report.

Discovery

• After a plea is filed, the defense may file a Notice of Discovery.
• This typically requires the prosecutor to provide police reports, witness statements, and other evidence.
• The defense must also share certain evidence with the prosecutor.

Early Resolution and Pretrial Intervention (PTI)

• Some Florida counties offer Early Resolution programs that can resolve certain cases quickly, often with conditions that may result in a criminal record.
• Eligible defendants (often first-time or non-violent offenders, especially in drug-related cases) may qualify for Pretrial Intervention (PTI).
• PTI may include requirements such as community service, drug court attendance, restitution, or other conditions.
• Successful completion of PTI can result in charges being dismissed.

Motions to Suppress and Other Pretrial Motions

• If law enforcement violates search and seizure rules or other legal requirements, the defense may file a Motion to Suppress Evidence.
• If granted, unlawfully obtained evidence is excluded and cannot be used in the case, which can sometimes lead to dismissal or reduction of charges.

Pretrial Hearings and Plea Negotiations

• During pretrial hearings, the defense and prosecution discuss the case, exchange information, and may negotiate plea offers.
• Judges often encourage reasonable plea resolutions to manage busy court dockets.
• If a favorable agreement is reached, it can be finalized at a pretrial hearing; otherwise, additional hearings may be scheduled and a trial date may be set.

Trial and Depositions

• If no plea agreement is reached and the case is not dismissed, it can proceed to trial before a judge or jury.
• Before trial, the defense may conduct depositions of victims, witnesses, and experts to understand how they may testify.

Musca Law's Role

Throughout these stages, Musca Law:

• Advises clients of their rights and options.
• Reviews and challenges the evidence.
• Pursues dismissal, reduction of charges, PTI, or favorable plea agreements when appropriate.
• Prepares for and conducts trials when that is in the client's best interest.

The exact steps, opportunities, and timelines in any case depend on the facts, the charges, and the court where the case is pending.

• Toll-free phone (24/7): (888) 484-5057
• Miami office phone: (305) 203-0333
• Email: contactus@muscalaw.com
• Online: Free case evaluation form available on the Musca Law website

Information shared before you retain the firm is not considered confidential.

Miami Office

Musca Law – Miami 4300 Biscayne Blvd, Suite 203 Miami, FL 33137 Telephone: (305) 203-0333 Hours: Open 24 hours Appointment required

Florida Office Locations

Musca Law has offices throughout Florida, including:

• Boca Raton
• Clearwater
• Daytona Beach
• Gainesville
• Fort Lauderdale
• Fort Myers
• Fort Walton Beach
• Key West
• Lakeland
• Melbourne
• Miami
• Naples
• Navarre
• New Port Richey
• Orlando
• Panama City
• Pensacola
• Port Charlotte
• Sarasota
• St. Augustine
• Stuart
• Tallahassee
• Vero Beach
• West Palm Beach

No matter the location, Musca Law offers free, confidential consultations and maintains 24/7 phone availability at (888) 484-5057.

The firm's Miami DUI attorneys:

• Review the legal basis for the traffic stop and arrest.
• Evaluate field sobriety tests (FSTs) and how they were administered.
• Analyze breath, blood, or urine test results and the procedures used.
• Identify potential defenses and legal issues that can be used to challenge the case.

Musca Law handles a full spectrum of DUI-related matters, including:

• First-time and repeat DUI charges
• Felony DUI
• DUI for commercial drivers
• Driver's license revocation hearings
• DUI accidents
• DUI with injuries
• DUI manslaughter
• Implied consent violations (refusal of chemical tests)
• Issues involving 5th Amendment rights during DUI stops
• Avoiding unlawful DUI roadblocks
• Boating under the influence (BUI)

Florida DUI Penalties (First Offense Overview)

Under Florida DUI laws (including Florida Statute 316.193), a conviction for a first DUI offense can include:

• Driver's license suspension for six months (or one year if you refused a chemical test).
• Up to six months in county jail (up to nine months if your blood alcohol concentration (BAC) was 0.15 or higher or if a minor was in the vehicle).
• Up to 50 hours of community service.
• A fine between $500 and $1,000 (increasing to $1,000 to $2,000 with a BAC of 0.15 or higher).

Additional court-ordered penalties may include:

• Installation of an ignition interlock device
• Completion of DUI school
• Impoundment or immobilization of a vehicle

These are statutory penalties under Florida law; the specific outcome in any case depends on the facts, the person's prior record, and how the court rules.

Time-Sensitive License Issues

After a DUI arrest in Florida, a person generally has 10 days to request a DMV hearing to challenge the administrative suspension of their driver's license. Musca Law can assist clients with these administrative proceedings as well as the related criminal DUI case.

Musca Law represents clients accused of many types of offenses, including but not limited to:

• Theft offenses (including shoplifting)
• Carjacking charges
• Serious traffic offenses
• Drug offenses
• Violent crimes
• White collar and financial crimes
• Weapons charges
• Public corruption
• RICO cases
• Criminal fraud
• Protective injunctions for sexual violence

Arson Defense in Miami

Musca Law defends individuals charged with arson in Miami. Under Florida law, arson-related offenses can include:

• First-degree arson
• Second-degree arson
• Arson by fire bomb

A conviction for first-degree arson can carry a sentence of up to 30 years in state prison, even if no one is injured, along with substantial fines and restitution. Because arson charges are serious, the firm works with clients to build a defense strategy tailored to the specific allegations and evidence.

Cyberstalking Defense in Miami

The firm also represents clients accused of cyberstalking. Cyberstalking generally involves the use of electronic communications (such as text messages, email, or social media) to harass, threaten, or otherwise target another person.

Under Florida law, cyberstalking is typically charged as a first-degree misdemeanor, punishable by up to one year in county jail and fines of up to $1,000. When cyberstalking includes threats of physical harm or death, it may be charged as aggravated cyberstalking, a third-degree felony that can carry up to five years in state prison and fines of up to $5,000.

Musca Law advises clients not to turn over phones or other devices to law enforcement without first speaking to a defense attorney, and it carefully reviews electronic evidence and communications as part of building a defense.

Sex crime allegations carry severe potential consequences, including prison, fines, sex offender registration, possible involuntary civil commitment to a treatment facility, and long-term effects on family, employment, housing, and reputation.

Musca Law defends clients accused of a wide range of sex offenses, including:

• Sexual battery / rape
• Statutory rape
• Child pornography
• Child molestation
• Lewd and lascivious offenses
• Indecent exposure
• Federal sex crimes
• Date rape
• Prostitution and solicitation
• Pimping and pandering
• Child exploitation
• Aggravated stalking
• Human trafficking
• Offenses involving minors, including indecency with a child

The firm investigates the facts, challenges the credibility and motives of complaining witnesses where appropriate, and works to protect clients' rights at every stage of the case.

Domestic Violence Defense

Domestic violence cases are aggressively pursued by police and prosecutors, and there can be political pressure to obtain convictions. Allegations may sometimes be used in divorce or child custody disputes.

Musca Law defends clients in matters involving:

• Domestic violence
• Dating violence
• Kidnapping connected with domestic disputes
• Sexual assault allegations within domestic or dating relationships
• Protective orders and injunctions, including:
• Domestic violence injunctions
• Dating violence injunctions
• Stalking injunctions
• Repeat violence injunctions
• Sexual violence injunctions

The firm examines whether allegations are being used improperly to gain an advantage in related family law matters and develops strategies to contest or mitigate the charges and related injunctions.

Ask anyway — the agent will say plainly that it is not published rather than guess.