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Nicholas A. Lotito
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Nicholas Lotito’s Answers

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  • Where do you start when you have warrants for 2 different counties and your ready to turn yourself in?

    Warrants

    Nicholas’s Answer

    I agree with the others that consulting a lawyer is advisable. Where to go depends on what the charges are in each county. I have had cases where clients have charges in multiple counties. It is possible, w/ the consent of prosecutors in both counties, to have one county defer prosecution to the other. This is not automatic, there is a statute that addresses this possibility. It may allow to preserve being sentenced under a 1st offender statute, if you otherwise qualify, or it could have other advantages. Your attorney can advise you on this and explore it, if the charges suggest it, e.g. false prescriptions in 2 counties or some other related offenses that are part of some continuous misconduct. There may be other situations that warrant consolidating cases in one county.

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  • What are some possible outcomes for this charge ? What can happen ?

    I am 22 . Never have I been in trouble before . I got charged with credit card transaction fraud in the state of Georgia . I used my ex's credit card that was already on my Sprint phone bill account ( becasue he had paid it before ) to pay my phon...

    Nicholas’s Answer

    There are several possibilities which could help you. First, there is a chance your ex may be persuaded that he doesn't want to prosecute. While the decision is no longer up to him, it could influence the prosecutor into dropping the case, particularly since there was no loss. This would need to be handled by a lawyer because you should not be in contact w/ your ex about this. Second, pretrial diversion is likely. This is a program that requires you to go through some hoops, community service and possibly some counseling. It leads to a dismissal w/o having to enter a plea or be on probation. It has to be requested. Being sentenced under the 1st offender statute, while a decent solution, is probably your worst case scenario. While it avoids a conviction, the other options should be explored first.

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  • Best federal criminal defense attorney in Georgia

    If you had to retain the best federal criminal defense attorney in Georgia, who would you call?

    Nicholas’s Answer

    This question reminds me of an incident in the Gold club trial a number of years ago. Steve Sadow was questioning "Ziggy," a gov't witness who had formerly run the club. Steve asked ziggy to confirm that they had once spoken before when ziggy tried to refer someone to Steve. Ziggy testified that he had called Steve because he was thought to be the best criminal defense atty in Atl. I was 1 of 7 defense lawyers, representing 1 of the 7 defendants. In a loud drawn out voice, I bellowed "objection." The entire courtroom erupted in laughter. As the laughter died down Judge Hunt quipped his ruling, "sustained", which generated another round of laughter.

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  • What is the accepted Legal Definition and source for the phrase "criminal intent"?

    Criminal Intent: The intent to commit a crime: malice, as evidenced by a criminal act; an intent to deprive or defraud the true owner of his property. People v. Moore. 3 N. Y. Cr. R. 458. (source: Black's Law Dictionary)

    Nicholas’s Answer

    Criminal intent is not easily susceptible to a single definition. It is generally the state of mind required to be found guilty of violating a given statute. Some statutes require a specific intent that you act willfully, knowing you are doing something the law forbids. Some require a general intent that you act knowingly or wrongfully, and in some cases, mere negligence is sufficient, e.g., 2d degree vehicular homicide. It is a required element of criminal offenses that needs to be considered on a case by case basis.

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  • How do I answer "Have you ever been convicted, or plead guilty to a crime" while on the first offender program?

    I understand I can answer "no" to the question if it asks if I have been convicted under the first offender act but I am not so clear when it also mentions if I plead guilty. If someone could shed some light on this, I'd greatly appreciate it.

    Nicholas’s Answer

    The correct answer depends on how the question is asked. If you are asked if you have plead guilty, it would not be truthful to answer no, even under a 1st offender plea. You should add that the plea was under a 1st offender statute by which there is no entry of a conviction nor any adjudication of guilt. It is likely the arrest will show up while you are on probation, and a no answer , besides being inaccurate, may cause even more problems. There are efforts underway to revise the 1st offender statute where more protection is afforded during this limbo phase after entry of a plea but before completion of probation, but under the current statute, you do plead guilty, and it would be untruthful not to disclose this, along with the 1st offender benefits.

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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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