Best Criminal Defense Attorneys in Cape Coral

FAQs

• What is the non-emergency contact number for the local police station in Cape Coral, Florida?

  The Cape Coral Police Department can be reached at (239) 574-3223 for non-emergency incidents.

• Where can I get a copy of police reports for incidents related to my case in Cape Coral, Florida?

  The Cape Coral Police Department keeps its records at 1100 Cultural Park Boulevard, Cape Coral, FL 33990, and inquiries are received at (239) 574-0695.

• Can a theft suspect from Cape Coral still be sued for the crime if six years have elapsed and he's been living in Alabama for the past five?

  Yes, the theft suspect from Cape Coral can still be sued for the crime. While the prosecution for theft must generally be started within five years of the offense, that period is paused by the state if the alleged perpetrator has been outside of the state because it is physically impossible to get jurisdiction over the accused party's person. Being in Alabama for the preceding five years means that the deadline froze at year one.

• Why is it wise for a criminal suspect in Cape Coral to get the services of a defense lawyer as soon as the police start asking questions?

  A criminal suspect in Cape Coral must obtain a defense lawyer as soon as questioning starts because law enforcements is interested in extracting inculpatory statements and obtaining arrests. Cops will tend to ignore the exculpatory implications of an individual's statements and can twist every word into a sign of guilt. A criminal defense attorney has the experience to counteract these interrogation maneuvers.

• If a juvenile is facing a misdemeanor in Cape Coral, is there still a point to obtaining a criminal defense attorney?

  Yes, a juvenile defendant will still benefit from the services of a criminal defense attorney even if the offense is minor and only calls for a fine or short jail time. Even the tiniest convictions still go on one's criminal record and can lower the odds of obtaining gainful employment, higher education, or housing loans in the future.

• What are the classes of criminal offenses in Cape Coral by order of severity?

  There are three classes of crimes in Cape Coral and Florida, according to the order of severity. The least severe offenses, like parking in a no-parking zone, are called infractions and these entail fines. Misdemeanors like first-time DUIs are next in gravity and could involve jail time and community service. Felonies are the most serious of the three and carry lengthy sentences.

• If a felony suspect in Cape Coral has been arrested but not tried for 176 days, can the criminal defense attorney seek a dismissal?

  It is possible for a criminal defense attorney in Cape Coral to secure a dismissal of this felony charge because the Florida law applied in Cape Coral required that prosecutors bring an arrested suspect to trial within 175 days of being taken into custody. This right is not available, however, if the delay in the proceedings was caused by the defendant or the latter's counsel.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.