10 Best Criminal Defense Attorneys in Fort Myers, FL

Fort Myers criminal cases run through the Lee County Justice Center and the 20th Judicial Circuit, which also covers Collier, Charlotte, Hendry, and Glades counties. This guide compares 10 criminal defense attorneys and firms serving Fort Myers and Lee County, from solo practitioners who personally handle every case to multi-office firms with several attorneys on staff. Firms were evaluated on three things: the attorney’s background and credentials (time spent as a prosecutor, in law enforcement, or trying cases as defense counsel), the depth of their criminal-specific experience (misdemeanors versus serious felonies, state versus federal court), and whether criminal defense is the firm’s dedicated focus or one of several practice areas it handles.

Before hiring, it’s worth asking a few practical questions: does the attorney appear regularly in the 20th Circuit’s Fort Myers courtrooms, have they personally tried cases similar to yours rather than only negotiated pleas, and will you be working directly with the named attorney or handed off to an associate. This list is not ranked and no firm paid for inclusion.

1. ATLAS Defense Law

• Attorney/Key Figure: Benjamin Abdulnour, Attorney
• Headquarters: 2256 First Street, Suite 180, Fort Myers, FL 33901 (additional office in Punta Gorda)
• Phone: 239-208-1500
• Website: atlasdefenselaw.com
• Practice Areas: Criminal Defense exclusively (DUI, drug crimes, domestic violence, theft, assault, gun crimes, homicide, felony defense, expungement, probation violations); Personal Injury
• Firm Size: Boutique/solo-attorney practice; nearly two decades of legal experience with more than 50 trials to verdict as lead counsel

About the Firm: ATLAS Defense Law is built around a single trial attorney, Benjamin Abdulnour, who has taken more than 50 cases to verdict and handles matters ranging from misdemeanors to serious felonies in Lee County’s courts. His practice is exclusively criminal defense, covering everything from DUI and drug charges to gun crimes and homicide defense, which means clients aren’t sharing his attention with unrelated practice areas.

The firm markets a personal-response model: clients work directly with Abdulnour rather than being routed through intake staff, and he handles communication on cases himself, including outside normal business hours. That direct-access structure, combined with his trial volume, is the firm’s clearest differentiator in a market where many larger firms hand cases off to associates.

2. The Caldarone Law Group, P.A.

• Attorney/Key Figure: Justin P. Caldarone, Founder & Principal Attorney
• Headquarters: 2500 Airport Road South, Suite 307, Naples, FL 34112 (serves Fort Myers and Lee County)
• Phone: 239-537-0439
• Website: caldaronelawgroup.com
• Practice Areas: Criminal Defense (DUI, drug crimes, violent crimes, domestic violence, sex crimes, theft, white collar crime, juvenile crimes, expungement); Personal Injury
• Firm Size: Solo/boutique practice, founded 2008
• Practice Area Page: Fort Myers Criminal Defense Lawyer

About the Firm: Justin Caldarone spent his early legal career as an Assistant State Attorney in the Miami-Dade County State Attorney’s Office, one of the largest and busiest circuits in Florida, where he tried hundreds of felony and misdemeanor cases before moving to defense work. That prosecutorial background is central to how he frames his practice: knowing how police and prosecutors build a case gives him a specific read on where the state’s evidence is weakest.

Caldarone is licensed in every Florida state and federal court, including the Eleventh Circuit Court of Appeals, and defends clients across Collier, Lee, Charlotte, Glades, Sarasota, Miami-Dade, Broward, and Palm Beach counties. The firm also offers services in English, Spanish, and Haitian Creole, which is a practical asset for Southwest Florida’s client base.

3. Law Office of Donald P. Day

• Attorney/Key Figure: Donald P. Day, Founding Attorney
• Headquarters: 3375 Tamiami Trail E, Suite 200, Naples, FL 34112 (serves Fort Myers and Lee County)
• Phone: 239-529-6053
• Website: donalddaylaw.com
• Practice Areas: Criminal Defense (DUI, felony DUI, homicide, domestic violence, white collar crime, criminal appeals, firearms); Personal Injury
• Firm Size: Boutique firm; over 38 years of combined attorney experience
• Practice Area Page: Fort Myers Criminal Defense Lawyer

About the Firm: Donald Day was a prosecutor with both the Broward and Collier County State Attorney’s Offices before moving into private defense work, and he has handled more than 3,500 DUI cases across his career as both prosecutor and defense counsel. He is a founding member of the National DUI College at Harvard University and has lectured nationally on DUI defense, including some of the earliest Florida arguments to exclude field sobriety test results.

Day holds an AV Preeminent peer rating from Martindale-Hubbell and has been named among Southwest Florida’s top lawyers by Gulfshore Life. Beyond DUI work, he has built a specific niche representing law enforcement officers accused of misconduct, from internal affairs matters up through felony charges, an area that draws on his background on both sides of the courtroom.

4. Lee Viacava Law Firm

• Attorney/Key Figure: Lee Viacava, Founder & Managing Partner
• Headquarters: 1375 Jackson Street, #201, Fort Myers, FL 33901 (additional offices in Sarasota and Naples)
• Phone: 239-672-8934
• Website: leeviacavalaw.com
• Practice Areas: Criminal Defense exclusively (felonies, misdemeanors, DUI, assault, theft, white collar crime, probation violations)
• Firm Size: Small firm (2-5 attorneys per Florida Bar records)

About the Firm: Lee Viacava has been a Southwest Florida resident for more than 35 years and has practiced law locally for over 18, building a firm that dedicates itself entirely to criminal defense rather than splitting time across personal injury or family law. He has been recognized as a top 100 Criminal Defense Trial Lawyer by The National Trial Lawyers and named among the top 100 DUI attorneys in southern Florida by The National Advocacy for DUI Defense.

Viacava markets personal handling of every case rather than delegating to junior associates, which is a natural fit for his firm’s small size. The trade-off is limited bench depth: clients working with a firm this compact won’t have a large team of attorneys to lean on if a case suddenly requires additional counsel, though for most misdemeanor and felony matters that isn’t a practical drawback.

5. Foley & Wilson Law Firm, P.A.

• Attorney/Key Figure: Robert Foley, Attorney (retired FBI Special Agent); Desiree Wilson, Attorney (former federal prosecutor)
• Headquarters: 12481 Brantley Commons Ct., Fort Myers, FL 33907 (additional office in Naples)
• Phone: 239-690-6080
• Website: robertfoleylaw.com
• Practice Areas: Criminal Defense (domestic violence, DUI, sex crimes, drug crimes, resisting arrest, violent crimes, white collar and cybercrime, federal litigation)
• Firm Size: Boutique (2-5 attorneys); 45 years of combined legal experience

About the Firm: Robert Foley spent his career as an FBI Special Agent, including work as a complex criminal investigator and as an attorney in the Bureau’s Office of Legal Counsel, before moving into private defense practice. Desiree Wilson brings the opposite side of federal cases to the firm, having served as a federal prosecutor and appellate attorney. Together they bring both investigative and prosecutorial insight to how they build a defense.

That combination shows up most in the firm’s federal and white-collar work, including mail and wire fraud, cybercrime, and federal tax fraud matters, where Foley’s investigative background and Wilson’s appellate experience both come into play. As a two-partner boutique, the firm doesn’t have the staffing depth of a larger practice for cases requiring several attorneys working in parallel, which is worth weighing against the specificity of their federal experience.

6. Law Firm of Scott T. Moorey

• Attorney/Key Figure: Scott T. Moorey, Founder & Owner
• Headquarters: 1430 Royal Palm Square Blvd, Suite 101, Fort Myers, FL 33919 (additional offices in Naples, Punta Gorda, and LaBelle)
• Phone: 239-275-5552
• Website: goodpeopledogetarrested.com
• Practice Areas: Criminal Defense (DUI, drug crimes, sex offenses, violent crimes, juvenile crimes, federal crimes, white collar crime)
• Firm Size: Mid-size (four attorneys: Scott Moorey, Lance Dunford, Jill Prenger, Thomas Moorey); founded 1998

About the Firm: Scott Moorey is a second-generation Fort Myers attorney who interned at the State Attorney’s Office in 1997 before deciding to represent defendants instead of prosecuting them. The firm was established specifically to defend people accused of crimes and has stayed exclusively in criminal defense for over two decades, with four offices across Southwest Florida serving Lee, Collier, Charlotte, Hendry, and Glades counties.

With four named attorneys and offices in four cities, the firm has more capacity to staff complex or multi-defendant cases than a solo practice, but clients should ask up front which attorney will actually handle their file, since a multi-office firm doesn’t guarantee direct access to the founding partner throughout the case.

7. The O’Brien Law Firm

• Attorney/Key Figure: Aaron J. O’Brien, Founding Partner
• Headquarters: 1625 Hendry Street, Suite 201, Fort Myers, FL 33901
• Phone: 239-332-8050
• Website: obrien-law.com
• Practice Areas: Criminal Defense, DUI, domestic violence injunctions and restraining orders, and general civil matters
• Firm Size: Boutique, founded in 2006 by Aaron and Christina O’Brien

About the Firm: Aaron O’Brien has represented both petitioners and respondents in domestic violence injunctions and stalking-related restraining orders, giving him a working view of these cases from both sides, and he was interviewed by Court TV in connection with a high-profile Fort Myers assault case. The firm is centrally located a short walk from the Lee County Justice Center, the federal courthouse, and city hall.

Because the firm takes on general legal matters alongside criminal defense rather than focusing on criminal law exclusively, clients get an attorney who can also handle related civil issues that sometimes surface alongside a criminal charge, at the cost of the narrower specialization a dedicated criminal-only practice offers.

8. Cantor & Cantor

• Attorney/Key Figure: Zachary Cantor, Founding Attorney
• Headquarters: 7370 College Parkway, Suite 308, Fort Myers, FL 33907 (additional offices in Naples and Sarasota)
• Phone: 239-494-3164
• Website: cantorandcantor.com
• Practice Areas: Criminal Defense, DUI/DWI defense, Personal Injury
• Firm Size: Solo/boutique; more than 20 years of legal experience

About the Firm: Zachary Cantor trained at a personal injury firm in New York while attending Brooklyn Law School, then practiced as a trial attorney in New York and New Jersey for years before relocating his practice to Fort Myers. That trial background across two other states, on top of two decades of experience, informs his approach to Florida criminal cases: he markets 24/7 availability and direct attorney contact rather than routing clients through staff.

As a solo-founder practice, Cantor & Cantor offers the kind of direct access smaller firms are known for, though clients facing unusually complex or multi-jurisdictional charges may want to ask how the firm would staff a case that grows beyond what one attorney can manage alone.

9. Suarez, Rios & Weinberg, P.A.

• Attorney/Key Figure: Christopher Hayden Brown, Rene Suarez, Sipreano “Jimmy” Rios, and Scott Weinberg, Members
• Headquarters: 1601 Jackson Street, Suite 201, Fort Myers, FL 33901 (offices also in Naples, Punta Gorda, Arcadia, and Sarasota)
• Phone: 239-337-9755
• Website: swfloridalawfirm.com
• Practice Areas: Criminal Defense (DUI, drug crimes including grow-house allegations, violent crimes, sex crimes, RICO cases, white collar crime); Personal Injury
• Firm Size: Mid-size, multi-attorney firm with five offices across Southwest Florida; more than 15 years in practice

About the Firm: This firm has grown into one of the more recognized criminal defense names in Southwest Florida, with five offices spanning Fort Myers, Naples, Punta Gorda, Arcadia, and Sarasota and coverage extending into RICO and grow-house drug cases that smaller firms may not routinely handle. Christopher Brown holds a 4.8-out-of-5.0 Martindale-Hubbell peer review rating across 23 reviews.

The firm’s five-office footprint and multiple named partners give it more capacity for complex or multi-county cases than a solo practice, but that scale also means clients are more likely to work with a team rather than a single attorney from intake through trial, which is worth clarifying at the outset.

10. Patrick McLain Law

• Attorney/Key Figure: Patrick McLain and Malcam Godwin, Founding Partners
• Headquarters: 2161 McGregor Blvd, Suite A, Fort Myers, FL 33901
• Phone: 239-737-3735
• Website: patrickmclainlaw.com
• Practice Areas: Criminal Defense (DUI, domestic violence, theft, traffic violations); Family Law; Civil Litigation; Estate Planning; Construction Law
• Firm Size: Boutique, two founding attorneys with more than 20 years of combined legal experience

About the Firm: Patrick McLain built his practice around long-term client relationships rather than one-off representation, aiming to be the firm clients call again for a different legal need down the road. He describes his approach to criminal cases as representing clients “with the same ferocity that would be shown to a family member,” and the firm is located in downtown Fort Myers within easy reach of the county courthouse.

Because Patrick McLain Law is a general-practice firm, criminal defense is one of several areas it handles alongside family law, construction law, and estate planning, rather than the firm’s sole focus. For straightforward DUI, domestic violence, or theft charges, that breadth is rarely a problem, but clients facing a serious or unusual felony charge may want to weigh a general practice against a firm that handles nothing but criminal defense.

Understanding Fort Myers, FL Criminal Defense Court Procedures

• Arrest & Booking: After an arrest, the defendant is booked and informed of the alleged charges.
• First Appearance: A judge reviews the case, explains the charges, and addresses issues such as release conditions and bail.
• Arraignment: The defendant formally enters a plea—guilty, not guilty, or no contest.
• Pretrial Proceedings: The defense and prosecution may exchange evidence, file motions, and negotiate potential resolutions.
• Discovery: The defense reviews evidence such as police reports, witness statements, recordings, and other case materials.
• Plea Negotiations: Depending on the circumstances, the parties may discuss a negotiated resolution rather than proceeding to trial.
• Trial: If the case proceeds, the prosecution presents its evidence, while the defense challenges the allegations and presents its case when appropriate.
• Sentencing: If a defendant is convicted or pleads guilty, the court determines the applicable sentence under Florida law.

Fort Myers, FL Criminal Defense Resources

• Lee County Clerk of Court – Access court records, case information, filing resources, and other judicial services for criminal cases.
• Twentieth Judicial Circuit Court of Florida – Provides information about criminal courts, procedures, schedules, and judicial resources serving Fort Myers and Lee County.
• Lee County Sheriff’s Office – Provides information about arrests, inmate searches, law enforcement services, and public safety resources.
• Florida Department of Law Enforcement (FDLE) – Offers statewide criminal history information and other law-enforcement resources.
• Florida Courts – Provides information about Florida’s court system, court rules, forms, and legal procedures.
• Florida Department of Corrections – Provides information about incarceration, probation, supervision, and corrections services.

Frequently Asked Questions

What happens after a criminal arrest in Lee County, Florida?

An arrest typically leads to booking at the Lee County Jail, followed by a first appearance before a judge, usually within 24 hours, where bond and conditions of release are set. From there, the case moves through the 20th Judicial Circuit’s criminal division at the Lee County Justice Center in downtown Fort Myers, proceeding through arraignment, pretrial motions, and negotiation before trial if the case isn’t resolved earlier.

What’s the difference between a public defender and a private criminal defense attorney in Fort Myers?

A public defender is appointed for defendants who qualify financially and cannot afford private counsel; they are licensed attorneys but typically carry large caseloads across many clients simultaneously. A private attorney generally has more time to devote to an individual case, more discretion in choosing which investigators or experts to bring in, and, depending on the firm, more direct client contact throughout the process.

Can a criminal record be sealed or expunged in Florida?

Florida allows sealing or expungement of certain criminal records, but eligibility depends on the specific charge and the case’s outcome. Generally, a person is eligible for only one sealing or expungement in their lifetime, certain offenses (including many violent and sexual offenses) are not eligible regardless of outcome, and the process runs through the Florida Department of Law Enforcement before a court can act on it.

How is a Florida DUI charge different from other misdemeanor charges?

A first or second DUI in Florida is typically charged as a misdemeanor, but it carries mandatory minimums that many other misdemeanors don’t, including required attendance at DUI school, license suspension, and in some cases mandatory ignition interlock devices. A DUI causing injury or a third DUI within ten years can be charged as a felony, which changes both the potential penalties and which court division handles the case.

How much does a criminal defense attorney cost in Fort Myers?

Most of the firms in this guide offer a free initial consultation, after which fee structures vary by firm and by the complexity of the charge; a straightforward misdemeanor typically costs less than a felony that may go to trial. Many firms quote a flat fee for routine matters like a first DUI, while more complex felony or federal cases are often billed differently given the additional time and resources involved.

What court handles felony and misdemeanor cases in Fort Myers?

Criminal cases in Fort Myers are handled by the 20th Judicial Circuit Court, which also covers Collier, Charlotte, Hendry, and Glades counties, with the main criminal division sitting at the Lee County Justice Center. Misdemeanor and felony cases are assigned to different divisions within the circuit, and some case types, such as certain federal charges, are instead routed to the U.S. District Court for the Middle District of Florida.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice or an attorney referral. It is not a ranked or sponsored list, and inclusion does not imply an endorsement by, or affiliation with, any named firm beyond what is stated. Attorney credentials, case results, and contact details change over time; confirm current information directly with each firm before making a hiring decision. Past results described here do not guarantee similar outcomes in any other case.