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Nicholas Martino
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Nicholas Martino’s Answers

61 total


  • Can i plead down my own case for a DUI for a1st time offender with no previous tickets,can I get a continuance w/o a lawyer?

    I received a DUI arrest after blowing a .194 I was cooperative and I was released on my own recognizance, no previous violations of any kind

    Nicholas’s Answer

    The higher the breath test the harder a negotiated reckless is to get, but it's possible. The biggest factor are the facts of the case, and the investigative process. DUI's are complex cases, and you need someone who practices regularly in that area. There are many of us in your area. Check Avvo and contact a few. We can give you a better sense of possibilities with more information.

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  • Suit dismissed with prejudice for federal claims. not allowed to present evidence. how to get evidence in file before appeal?

    I want to appeal the federal claims in Federal C/A. The case is closed so I have 30 days from date of ruling. I need to get police reports in the file and another file that contains 5600 pages of evidence. Also, may I appeal the federal claims A...

    Nicholas’s Answer

    Appeals are a very specialized area of the law. As a general rule, evidence can't be added on appeal. However, there are possibilities involving the trial court or the appellate court depending on the nature of the case. I would strongly encourage you to contact an appellate attorney immediately, time is always crucial in an appeal.

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  • Petty Theft Charge at Walmart

    My 25 yr old daughter was detained @ Walmart for petty theft on 2/16/15. She was 9 months pregnant & stepped outside the senors (still in store lobby) to get a redbox movie & was detained by security. She was taken to a room & Walmart Mgr & police...

    Nicholas’s Answer

    Turning herself in is an option, but not the best option. It's worth trying have the capias withdrawn, and reset the court date. An attorney can help you navigate this process.

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  • Will I need to go back to prison for my technical violation?

    I violated felony probation almost a year ago by not going to my appointment. I had 5 months left of a 1 year probation sentence. I have since had a baby, and found a job, so you can understand why I don't want to go to prison. Is there anything I...

    Nicholas’s Answer

    The penalty for a violation varies greatly based on the facts of the case. You should consult an attorney about advocating for you. A violation doesn't necessarily mean jail time.

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  • I have a one felony on my record can i get it erased or removed its for damage to govt property.

    out if 5 yrs probation i have 10 months left and i am having trouble getting a job i don't want this one thing to ruin the rest of my life.

    Nicholas’s Answer

    Completing is the first step. After that there are statutory requirements that must be met to seal a record. Those requirements include the disposition of the current charge, your prior record, etc.. A criminal defense attorney in the area will be able to assess your situation quickly.

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  • This is my 3rd violation under the Y.O Act and I'm down to my last month on probation. can the court give me more time ?

    I was sentence as a Youthful Offender back in 2009. I did 4yrs in prison and 2yrs on prbation. This is my 3rd violation, they all have been tect violations. this 3rd violation is for not suceessfully completing treatment and I owe probation fees e...

    Nicholas’s Answer

    This is not a great situation based on what you've told us here. The punishment will depend heavily on your judge, and the facts of the underlying case. Also, you may have some legal arguments relating to the maximum penalty given while on probation. I'd find an attorney in your area that handles criminal cases.

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  • I was locked up for 10yr sentence got out in 9yrs due to I beat the case on appeal DUE TO THEY WERE WRONG and can I sue.

    I GOT LOCKED UP IN 2001 AND GOT OUT IN 2010 AND WAS STILL PAROLED FOR 2 YEARS. I WAS WRONGFULY IMPRISIONED AND WAS LET GO AND I WANT TO GET THIS LOOKED INTO.

    Nicholas’s Answer

    Being wrongfully incarcerated isn't enough alone for a civil suit, however, it is a significant factor. The manner in which you were investigated and prosecuted must be looked into to as well. Consulting an appellate attorney in your area is the best course of action.

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  • The love of my life got sentenced to a min. of 40 years, please help me.

    My fiancé was found guilty of attempted in the second degree and for having a gun / ammo while being a felony delinquent . Here's the best part NO WEAPON WAS RECOVERED. No finger prints no forensic no nothing . He was convicted because some low li...

    Nicholas’s Answer

    Your issues are time sensitive so you should consult with an appellate attorney immediately. Many attorneys have options for retainers when a client has a tight budget so don't let that discourage you.

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  • What happened if I win my FL DHSMV BAR review ?

    I am scheduled to go before a hearing panel and I would like to know, if a wins the case with the DMV will my DUI charge stay on the driving record? Will insurance company ever find out ?

    Nicholas’s Answer

    If you win the DHSMV hearing then the suspension will be invalidated and removed from your driving record. However, that is only the administrative side. The criminal case will still exist and end up on your driving and criminal record, assuming you aren't acquitted at trial. These hearings are important and can impact the criminal case. You should contact an attorney in your area that handled DUI cases.

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  • Felony /missed court question.

    My boyfriend has been on probation for obtaining a controlled substance by fraud, a felony charge for almost two yrs. He violated back in February which i paid a 900 dollar cash bond to get him out, and he missed court (he did not know he had cour...

    Nicholas’s Answer

    There are many factors here including the judge, prior criminal history, and facts of the case that could decide whether he does any significant time. It would be best to find an attorney with experience in criminal law to assist you.

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