Marco Island Criminal Defense Attorney

Marco Island Criminal Defense Attorney


When you are facing criminal charges, it is important to be well-informed about your situation so that you can make empowered decisions about your case. Although any type of criminal charge is serious and can be frightening, some have more serious consequences than others. The more you know about your case type, and criminal law in general, the better you can navigate the legal system.

Criminal charges are generally serious and often have a lasting effect on the lives of those who are convicted of them. Depending on your offense, you may face challenges when looking for a home, applying for jobs, and gaining custody of your children.

No matter your situation, it is important to have qualified criminal lawyers on your side. If you need a criminal defense lawyer in Marco Island, Florida, our team is here to help.

marco island defense lawyer


For many years, our team has been working with clients who have been arrested on criminal charges. Our job is to develop the best possible defense strategy for your situation and execute it with your future and lifestyle in mind. We are here to protect you during this period of uncertainty and insecurity.

A criminal arrest is not a conviction, and our team works diligently to give you the best chance of avoiding charges. With the help of a criminal lawyer from the Law Office of Donald P. Day, you can feel confident about your criminal case. You can trust us to be honest with you and listen carefully while you tell your story. We listen to our clients without judgment, prejudice, or pre-existing opinions about their situation. We understand that your side of the story is essential to our pursuit of justice.

Our firm is unmatched in the Marco Island area. If you’re looking for experienced criminal defense attorneys, the Law Office of Donald P. Day is where you’ll find them.


Criminal law is a significant portion of the legal system, which can make cases seem confusing. If you or someone you love is facing a criminal trial, it is essential that you understand criminal law, criminal defense, and what might be ahead of you.

Criminal law and civil law are the two main areas of the legal system. Civil law encompasses cases in which a person (the prosecution) brings a case against another person (the defendant) for something that they did. The aim of these cases is usually to get money or some kind of reparation. Personal injury is a common facet of civil law and can be employed when one person’s negligence causes harm to another person. The injured party uses civil law to hold the responsible party financially accountable for their actions.

Criminal law is used when someone breaks the law, and the government wants to punish them for doing so. In these cases, the state or federal government acts as the prosecution and uses the court system to determine if the defendant is guilty and deserving of punishment. A jury helps make this decision, with the hope that the process will be fair and just.

If you are the defendant in a criminal trial, it means that you have been accused of breaking the law. Unlike civil cases, very few criminal charges get dropped. This is because the prosecution is aiming to uphold the law rather than file a claim against someone for damages. Therefore, the prosecution cannot drop the charges unless there is a significant, compelling reason to do so.


When you are charged with a crime, the crime usually falls into one of two categories: misdemeanor or felony. Misdemeanors are serious and often carry punishments, but they are less impactful than felonies. For example, if you are incarcerated for a misdemeanor, you usually serve your time in a county jail rather than a state or federal prison. A misdemeanor on your record will not necessarily prevent you from going about your life, but it may limit your options in certain areas.

Felonies are much different. Felony charges are reserved for the most serious crimes, including homicide, burglary, drug crimes, etc. If you have a felony on your record, you will be unable to vote, may have difficulty finding housing, will struggle to find a good job, and may not have access to child custody. Most people convicted of felonies are incarcerated, and they serve time in state and federal prisons rather than a county jail.

Some crimes are considered “wobblers.” This means that, depending on the circumstances, they can be classified as a misdemeanor or a felony. DUIs (driving under the influence) are a common example of a wobbler offense. Most DUIs are misdemeanors. However, if you have four or more DUIs or you kill someone during your DUI, it is considered a felony charge.


Because criminal cases make up a large portion of the legal system, there are many different types of cases that fall under this umbrella.


Homicide cases, including murder and manslaughter charges, are often dramatized in movies and other media. However, these cases are very serious and affect a large number of people. Individuals convicted of homicide crimes usually face years in prison.


The possession, distribution, creation, or trafficking of drugs is strictly prohibited in Florida. If the police catch you with any amount of any type of drug, they can arrest you on criminal charges. Those convicted of drug charges in Marco Island usually face time in prison.


Sex crimes range from indecent exposure to child pornography and pedophilia. If you are facing sex charges, you may have to serve time in prison. In addition, most people convicted of a sex crime must register themselves on the national sex offender registry.


Many crimes are violent, but the category of violent crimes encompasses offenses such as assault and battery, robbery, rape, and aggravated assault. Most people are incarcerated for these offenses because of the threat they pose to the public.


Offenses like embezzlement, fraud, extortion, and insider trading are considered white-collar crimes. These crimes are not directly violent and are financially motivated. Because of their nonviolent nature, a judge may offer alternative sentencing, depending on the severity and type of the offense.


As mentioned, DUIs are considered criminal offenses. They may be charged as a misdemeanor or felony, depending on the situation. Most people who are convicted of a DUI face fines, jail time, a suspended license, and other restrictions. First-time offenders who do not hurt anyone during their offense will get the lightest punishment. Those who have multiple offenses, or who kill someone during their DUI, will face prison time and other serious consequences.

There are other types of criminal offenses that you may be facing. Each of these categories contains a wide range of specific crimes. No matter what you are facing, it is important to find an attorney who can properly represent you during this time.


Although specific consequences may vary, crimes come with punishments. If you are found guilty of committing a crime, you will have to pay a heavy price. Incarceration, fines, and probation are just the beginning of what you may receive as part of your punishment. Crimes have far-reaching and unintentional consequences as well. Because of your criminal record, you may:

  • Be denied desirable housing.
  • Be passed over for job opportunities.
  • Face strained relationships with family and friends.
  • Lose access to your children.

Even if you are innocent, or the situation seems very straightforward to you, you must remember that criminal prosecutors are highly trained. They will paint you in the worst possible light and make it seem like you must have committed the crime, even if you did not. Having an attorney allows you to fight back against the prosecution’s claims and give yourself the best possible chance of avoiding charges.

The law states that if you cannot afford an attorney, one will be assigned to you. Although this is fine as a very last resort, you must remember that public defenders have lots of cases to argue. They have very little time to spend with each client or to create a truly compelling defense strategy. Although a public defender is better than nothing, they do not give you a very good chance of winning.

With your family and future at stake, there is too much on the line for you to use a public defender. Trusting a highly qualified private criminal defense attorney can give you an optimal outcome.


For many years, our team has been helping individuals facing criminal charges. We have vast experience in cases of all types, and we feel confident that we can support you during your case. No matter what your situation may be, we are here to give you the support and guidance you need during this challenging time.

For more information, please reach out to the Law Office of Donald P. Day online.

  • Domestic Violence
  • Sex Crimes & Child Abuse
  • Theft and Property Crimes
  • Illegal Pornography
  • Internet Crimes
  • White Collar Crimes
  • Drug Crimes
  • Vehicular Crimes
  • Traffic Tickets
  • Driving While License Suspended
  • Federal Crimes
  • Juvenile Crimes & Delinquency
  • Criminal Appeals
  • Violation of Probation
  • Expungement
  • Drug Court & Mental Health Court
  • Baker Act
  • Weapon Crimes
  • Aggravated Battery & Battery
  • Murder & Manslaughter