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Nicholas A. Lotito
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Nicholas Lotito’s Answers

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  • My ex- husband was booked on Felony Drug Charges. He needs dialysis, and Meds, but the jail is refusing him. What do I do?

    Arrested 6/26. Needs dialysis every 72 hours, and medication daily. If left untreated his heart will stop and he will die within a week. The charges are trafficking coccaine, and possession of marijuana w/intent to distribute.

    Nicholas’s Answer

    I had a client in the DeKalb jail, and they took him for dialysis regularly. I learned a great deal about dialysis from that case. A person dies w/o it. You need to go to the jail and ask for the watch commander. If you have an attorney, have him or her do it. Make sure the jail officials know he requires dialysis. Get something from the facility where he has been receiving treatment if they require it, but act now. Don't wait.

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  • Disorderly While Under the Influence - Got Into It With Cab Driver Over Outrageous Fare- Atlanta, Ga

    I recently was cited for Disorderly Conduct While Under the Influence after an altercation with a cab driver regarding an outrageous fare. I have a felony DUI out of a different state from 2002 and a felony trespassing out of a different state fr...

    Nicholas’s Answer

    If this is City of Atlanta, you may be able to resolve this w/ pretrial diversion. Your priors, while a number of years ago may be an issue: however, it is still possible. I seriously doubt this is a case that would result in a jail sentence. It also sounds like you are able to hire an attorney. Based on your level of cocern, you may want to do that.

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  • Getting off probation

    I have paid all fines was put on probation for seven years The charge what is for illegal firearm I wanted to know if there was any way to speed up the process o I have not had any further infractions other than maybe a traffic violation durin...

    Nicholas’s Answer

    It seems that you have been on probation long enough that a judge may be willing to terminate probation. I would first get some input from your probation officer. He or she may consent to termination. If so, hire an atty to make a motion to terminate. This is probably necessary, although I have heard of cases where a probation officer independently went to the judge. Usually, with no opposition from the probation officer, it can be done. If that fails, at least try to be on non reporting probation w/o travel restrictions. Ask your probation officer about this, if you couldn't get consent to terminate.

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

    Is there anything we can do to get him out without a hearing or bond

    Nicholas’s Answer

    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.

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

    My nephew who is an aspiring Rapper was traveling and was changing planes at the airport in Atlanta. He was approached by the DEA, questioned, and they took all of his cash. (Approximately $10,000.00) He lives in California...Can they legally keep...

    Nicholas’s Answer

    • Selected as best answer

    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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  • 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

    to court on Dec 2. He told me off the record just pay the fine it should be around 500 and you should be fine. It was 7 dollar eating but original price at 42.00 > I don't want to have a criminal record. what should i do.

    Nicholas’s Answer

    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 200$. I generally recommend paying those. good luck

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