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Nicholas Martino
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Nicholas Martino’s Answers

60 total


  • Do i need a lawyer or just go before the judge alone for petty theft?

    In 1991 i got a petty theft charge i don't remember the specifics.i had this one sealed from embarrassment. On 7 -3- 15 , i got another. This one 87.00. I'm 63 and a grandmother. I feel ashamed and need to get this off of me. My head is full of...

    Nicholas’s Answer

    You can represent yourself, but having an attorney will give you a better chance of resolving the case in the best way possible. Petit theft charges are generally able to be resolved quickly with an attorney. I've dealt with many of these over the years without issue. I would contact a criminal attorney for a consultation.

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  • How much is it too hire a defense attorney??

    Trying to find a good defense attorney for my boyfriend who is being charged so far for burglary conveyance of like 34 counts he was stealing out of unlocked cars and also 4 that accuse him of being armed because he stole a gun out of some of the ...

    Nicholas’s Answer

    The other attorneys are all correct. The number of counts is a factor, but if the charges and facts overlap it may not have as big of an impact on a retainer.

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  • 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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