Nicholas A. Lotito’s Answers

Nicholas A. Lotito

Atlanta Criminal Defense Attorney.

Contributor Level 2
  1. Caught shopliftin. It was my first offense.. The officer came to the store and said he would give me a citation and told me come

    Answered about 2 months ago.

    1. Noah Howard Pines
    2. Brandon Michael Rosenbloom
    3. Benjamin David Goldberg
    4. Nicholas A. Lotito
    5. John Arnold Steakley
    6. ···
    7 lawyer answers

    it was good that the officer gave you a citation instead of arresting you. paying the fine would be a conviction on your charge, which may be a city ordinance or a state misdemeanor. an attorney may be able to help you resolve this through a pretrial diversion program or another form of dismissal which would be better for you in the long run on job applications, licensing matters, applications for schools and elsewhere. you will also get a demand for a civil payment from the merchant for about...

    2 lawyers agreed with this answer

  2. The police did a search of my brothers house found guns an drugs but had no search warrant an he did not give permission....

    Answered 1 day ago.

    1. Scott Benjamin Riddle
    2. Noah Howard Pines
    3. Michael David Barber Jr.
    4. James Lawrence Yeargan Jr.
    5. Darrell Brinnett Reynolds Sr.
    6. ···
    7 lawyer answers

    I would want to know why the police were at the house. Sometimes they are called on a domestic violence call and enter the house to make sure everyone is safe. Once there, they can seize contraband in plain view. If they simply entered w/o permission, there may well be a valid motion to suppress based on 4th amendment and other grounds. This can only be raised after the case is indicted or formally accused. You will first have to get him out on bond.

    1 lawyer agreed with this answer

  3. My Nephew is an aspiring Rapper and was traveling. When changing planes, the DEA took his money with no warrant...

    Answered about 1 month ago.

    1. Noah Howard Pines
    2. James Lawrence Yeargan Jr.
    3. Musa Munir Ghanayem
    4. John Arnold Steakley
    5. Nicholas A. Lotito
    5 lawyer answers

    the other answers are correct that a claim has to be filed. there are time limits on when this must be done, so he should consult counsel sooner rather than later. I have recently seen an instance where the seizing agents got someone to sign a form abandoning any interest in the seized cash which they signed so as not to miss a flight. however, if a proper claim is made and your nephew can show the source of the money, it can be recovered. he needs counsel familiar with forfeiture laws.

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