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Nicholas Martino
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Nicholas Martino’s Answers

60 total

  • Is it illegal to hack into someone's Facebook account and post as them?

    A former friend hacked into my Facebook account and posted derogatory things as me...I reset password and changed and locked login notifications...She is still trying to hack in because I keep getting notifications on my phone that someone keeps ...

    Nicholas’s Answer

    The way in which the account was accessed will determine if it is illegal. However, there may be civil remedies as well. Electronic breaches are a difficult area and you should find someone qualified to discuss the case with.

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  • To seal or to expunge criminal records in Duval County FL?

    I was arrested in Duval County Florida for 3rd degree felony (S827.03(3)(C) CHILD NEGLECT - NO GREAT BODILY HARM). The case was diverted to PTI and was official closed/dropped upon successful completion of the contractual requirements. I underst...

    Nicholas’s Answer

    1. Expunging a record is preferable because it is a destruction of the documents and it won't be accessible in the future.

    2. If you have prior adjudications that will bar sealing or expunging. If you don't, then you will need to have a lawyer go through the facts of your case to determine if anything else would preclude it.

    Thank you!

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  • "I'm on 24 months community control at the 12th month would I be able to get early termination? Or moved to probation?

    I have violated once on community control, but I have finished paying all of my fees as in the restitution and court fees. Even though I violated would they still allow me to at least get put back on felony probation. I have done everything I'm su...

    Nicholas’s Answer

    It isn't unusual to modify terms of probation. However, it is up to your judge ultimately. The best course is try to get the State Attorney in board, then go in front of the judge to see if he/she will agree. Most criminal attorneys should be able to assist you in the process.

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  • I have a local capias or warrant in Duval county that is over 5 years old. How can I have this removed without jail time

    Dates back to 2007

    Nicholas’s Answer

    Many things would factor into answering your question. What the capias was for? Who is the judge? These are just two examples. Without knowing more facts I would only be able to say that the best way is to get ahead of the capias. Getting an attorney to put the case back on the calendar and then appearing with you to resolve this goes a long way with most judges to avoid harsh penalties. I would consult with an attorney and that attorney would be better able to advise you on the specifics of you situation.

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  • My son in law is on probation for resisting arrest w/violence. He recently got put in jail for DUI.

    He is now in jail for Violation Of Probation. What kind of jail time could he possibly get for this offense?

    Nicholas’s Answer

    The possible penalty could be up to one year, depending on the degree of the charge of the probation offense. Also, whether he has pled to the DUI can impact his probation violation sentence. It is best to work these cases together. Depending on the judge involved with the case the amount of time he could realistic received may vary as well.

    There is additional information needed to really help with your son's situation. I would suggest consulting with an attorney, or multiple attorneys, on the matter to get a sense of who you and your son would be comfortable with representing him. My office provides free consultations at any time that is convenient.

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  • Am I protected under Fl Stand your Ground Law

    I was involved in what started as a verbal altercation at a bar. The guy was obviously drunk and acting like he wanted to start a fight with several people. I threw a beer in is face. I immediatley walked outside and when he followed me, he thr...

    Nicholas’s Answer

    The stand your ground law isn't as clear cut as you may think. The State can still pursue the charge even if you claim stand your ground unless the judge find the immunity of the law applies. The law is not well settled, so I wouldn't assume you are protected.

    I would consult with an attorney that has experience in this area. I offer free consultations, or if you have already retained an attorney consult with him or her on how the immunity could be used to your benefit.

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  • My paid attorney asked me to prepare a mitigation letter for a DUI. Is this normal.

    When i hired an attorney who i paid 1500 hundred dollars to we are now more than 10 monts into the case and still no positive results. I have had the case change hands from 3 state procecuters and still my attorneey cant seem to cut a deal in my f...

    Nicholas’s Answer

    The other responses are correct, each case is unique, so please take my response with that in mind. DUI cases can last for months or in some cases a year or more. As for mitigation letters, it is common to use those early in the process, but if something has recently surfaced it may be appropriate to draft a mitigation letter at any point in the process.

    The more important issue seems to be your comfort level. You should be having a conversation with your attorney. If you're not happy with the answers or the course your case is taking you need to let your attorney know, and if you don't get results then consider seeking new representation.

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  • Do Courts STILL mandate A.A. meeting attendance as a DUI sanction? Is that not the forcing of religion (incl. a higher power), b

    How do I inform a Judge I do not have religious beliefs w/ out 'rocking the boat' or risking my Liberty?

    Nicholas’s Answer

    No, there is no mandate for AA. However, individual courts may assign AA meetings in lieu of, or in addition to other conditions. AA meetings could always be substituted for non-religious based programs that help individuals maintain sobriety.

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  • Is it possible to have my No Contest plea overturned or appealed?

    When I was younger I was arrested for possession of marijuana. I was never bailed out, and stayed in jail before I went to court. Someone told me (working at the courthouse, not an inmate) that if i plead no contest I would be released at noon. I ...

    Nicholas’s Answer

    The time frame would weigh heavily on the outcome. However, there are instances (depending on the facts) where the State will consent to a withdrawal of a please even beyond the time frame. Also, getting your record sealing or expunged may be an option. First thing is to get an attorney to review the facts of your case to determine what the possible options are for you. I provide free consultations for situations just like yours.

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  • Dui

    Is hiring a different attorney enough to post pone a trial

    Nicholas’s Answer

    Potentially, yes. However, other factors come into play such as how long the case gone on, and what the prejudice to the defendant or the state. It also depends on the judge. Most attorneys could tell you if your judge would be willing typically to continue the case for new counsel.

    If you would like to discuss the matter further, or get an opinion on your judge I would consult with attorneys by phone. I offer free consultations and would be happy to see if I can give you some insight.

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