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Nicholas Martino
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Nicholas Martino’s Answers

58 total


  • I am now reading there is a ten day time constraint for filing a motion for a new trial, yet the defendants attorney has not

    even contacted him in any way since the verdict was handed down and he was held until sentencing...11 days ago?

    Nicholas’s Answer

    If your question is whether that bars an appeal, the answer is "it depends." The only way you'll know what his possible options are is by speaking with appellate counsel. There are many of us in Jacksonville that handle these types of cases regularly. I wouldn't delay.

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  • How common is it for a judge to overturn a jury's guilty verdict if he actually disagrees with the verdict?

    I took sat through a case that clearly had many reasons for a reasonable doubt to be raised. Im not sure if jury bias played a part because the defendant was a young gay male, and current political and religious climate swayed the jury, or they we...

    Nicholas’s Answer

    It wouldn't be common, but it is a possibility. There are options including a motion for new trial, and an appeal. There are strict time constraints on both so it's best to contact an attorney as soon as possible to protect his interests.

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  • Police enter my home with no warning. No knock and annonce and no warrant. Is it legal?

    Yes! One was obtained after they came in unannounced and without a search warrant. I was forced out while the entered and closed me out.Then they came out and locked my door. How do the fourth ammendment protects me? Do the knock and announce not ...

    Nicholas’s Answer

    I'm unclear on the order of what happened, but it sounds like they secured the whole waiting for a warrant. If that's the case it may be constitutional depending on the situation.

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  • I am a felon convicted of a white collar crime in florida. Can and how can my civil rights be restored?

    The crime was mortgage fraud. I served 13 months in prison, 5 years on probation that ended in 2014. I still owe over 1,000,000 in restitution that is shared with 13 other codefendants.

    Nicholas’s Answer

    Clemency is the best, and likely only option. It's a difficult and lengthy process. I've gone through it with clients and you definitely need an attorney to assist you in the process.

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  • I just got charged with a second DUI but my first one was 14 years ago

    I was just released from jail a couple days ago on a second DUI well my first one was 14 years ago I was just wondering if I'm going to jail can't afford to lose my job but it is my fault and I guess I will suffer the consequences

    Nicholas’s Answer

    If there is no damage to person or property you're likely not going to receive jail time, but it's a fact specific determination. It also matters what county you were stopped in and arrested. Clay county and Duval county, although the same circuit, can have very different outcomes. The DHSMV is your first hurdle, and that you shouldn't delay on. You'll want an attorney that regularly handles DUI, or criminal cases, to handle the case. Keeping the in and outs of the county is important. A search for DUI attorneys in Jacksonville will probably give you a good selection because most of us handle Clay cases as well.

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  • If an officer searches my car under probable cause, can they forcibly open a safe I keep in the trunk, even after I refuse?

    it's a locked safe with a key code combination. I keep several personal items in there. Just curious if that's something I'd have to expose if my car was searched.

    Nicholas’s Answer

    This will depend heavily on what the basis of the probable cause was for the search. The good news you established an expectation of privacy by putting the items in a locked safe.

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  • How can you consent to blow(dui)or have the legal capacity to understand when u cant legally consent to other things when drunk?

    How can bac b/c of blowing be held against you, or even understanding your rights at all when u r drunk? If you're super drunk you can't legally consent to sex right? Or buy a car drunk? Or get something notarized, take a driving test, i don't ...

    Nicholas’s Answer

    The implied consent law eliminates that as a defense. To clarify though, involuntary intoxication is a defense to a DUI.

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  • 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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