Nicholas Martino’s Answers

Nicholas Martino

Jacksonville Administrative Law Lawyer.

Contributor Level 9
  1. Illegal ticket issued by rookie cop

    Answered almost 6 years ago.

    1. Shawn C Newman
    2. Nicholas Martino
    2 lawyer answers

    As a general legal question you will have a difficult time prusuing a claim against the police uf they acted in good faith. Also, you should consider what damages you incurred, if the tickets were not valid then challenging those citations in court might be your first step.

  2. Criminal traffic

    Answered over 6 years ago.

    1. Jonathan Dichter
    2. William C. Head
    3. Nicholas Martino
    4. Okorie Okorocha
    4 lawyer answers

    It sounds like you have a good amount of mitigation to help persuade the judge. If it is the case that there is a mandatory minimum sentence, then as a fall back position ask whether inpatient treatment or house arrest will satisfy the statutory requirements. This will at least allow you to remin with your child.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. How Long

    Answered over 6 years ago.

    1. Robert Bailey Branson
    2. Nicholas Martino
    3. Gary James Marchese
    3 lawyer answers

    The above answer was helpful. My situation was that Avvo updated fairly quickly after the Bar updated its record. I believe it only took around 6 to 8 weeks for the update. Then as the information changes with the Bar the process takes about the same amount of time, ie. address changes.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. False Detainment by Florida Shopping mall security.

    Answered over 6 years ago.

    1. Thomas H. McGowan
    2. Lawrence Joseph Marraffino
    3. Okorie Okorocha
    4. Nicholas Martino
    4 lawyer answers

    These cases, based on the facts you have provided, are notoriously difficult to prove. It may come down to your word versus their word. I am sure they will have reason, perhaps they suspected you of a crime. If that is the case then we get into the reasonableness of the length of the detention and the methods used to detain you. There are attorneys who practice in this area. I would contact your local bar association, or in the alternative the Florida Bar Laywer referral service and get a...

    1 lawyer agreed with this answer

  5. Loss of an appeal

    Answered over 6 years ago.

    1. Craig Edward Kennedy
    2. Nicholas Martino
    2 lawyer answers

    You may request the Court reconsider, or petition for reargument to the Court within 14 days. Beyond that the only other course is if there is some federal question to challenge the state court's ruling.

    1 lawyer agreed with this answer

  6. Statute of limitations

    Answered over 6 years ago.

    1. Okorie Okorocha
    2. Nicholas Martino
    2 lawyer answers

    Your state laws may vary, but typically a failure to appear would toll the statute of limitation on a crime. Your absence is not held against the system. Having said that, if it is a minor infraction (like a no valid DL) sometimes for efficiency purposes a Judge or ASA will use statute of limitations to get rid of the case. Other than something minor like that you will be eligible for prosecution once you are arrested. It is better in some cases to see if an attorney can help you resolve...

    1 lawyer agreed with this answer