Nicholas Martino’s Answers

Nicholas Martino

Jacksonville Administrative Law Lawyer.

Contributor Level 9
  1. Dui

    Answered almost 4 years ago.

    1. Alexander Barrett Ramey
    2. Craig A. Epifanio
    3. Nicholas Martino
    4. Victor Wallace Carmody Jr.
    5 lawyer answers

    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.

  2. Can u be search by police if u show picture id while walking down the street

    Answered almost 4 years ago.

    1. Stephen Andrew Mosca
    2. Nicholas Martino
    3. Alan James Brinkmeier
    3 lawyer answers

    The police would have to have additional cause to search you. There is not right to conceal one's identity, or refuse to give ID when requested. However, beyond that the police would have to have your consent, cause, or be conducting a pat-down for officer safety purposes. Even during one of these safety pat-downs, the officer can not go inside your clothing unless a weapon or clearly identifiable drug/para are found.

  3. Pay us or go to jail ! Do I need Civil Rights Attorney

    Answered almost 4 years ago.

    1. Stephen Andrew Mosca
    2. Blaise E. Picchi
    3. Nicholas Martino
    3 lawyer answers

    First, it sounds like you are questioning the police/government's tactics in the investigation. The state has the discretion to drop a case based on factors unrelated to the substance of the case, like paying restitution. If you believe you were coerced or agreed to this under duress, you may have a remedy to file suit and recover that money, however, the charges could still potentially be re-filed assuming no statute of limitation issues exist. Civil rights claims are a complicated area...

  4. Are restitution payments reimbursed if a sentence is vacated?

    Answered almost 4 years ago.

    1. Craig A. Epifanio
    2. Nicholas Martino
    3. Christy Michele Greene
    3 lawyer answers

    If the charge is vacated, criminally, no restitution can be imposed. However, the other party can still pursue you in civil court. In addition, if the judge entered the restitution as a "civil judgement" that may allow the other party to enforce it regardless of the outcome of the criminal case.

  5. What sentence could i get for 2nd degree employee theft.

    Answered almost 4 years ago.

    1. Stephen Andrew Mosca
    2. Lewis Lee Lockett
    3. Nicholas Martino
    3 lawyer answers

    There are many factors that go into sentencing. The sentencing statutes reference prior record, danger to the community, severity of the crime, etc. However, some less "black and white" issues come into play, such as the judge. The maximum is not likely without a record, depending on the severity of the facts of the case, other than that your sentence could range from probation to time-served to prison.

  6. About to get my Doc in Pharm and have a DUI on record?

    Answered about 4 years ago.

    1. Craig A. Epifanio
    2. Stephen Andrew Mosca
    3. Nicholas Martino
    4. Lewis Lee Lockett
    5. Edward Jerome Blum
    5 lawyer answers

    Finding a way around this restriction for your field of choice would be the easiest. However, depending on the exact date of the plea, and the circumstances surrounding the plea there may be a possibility of withdrawing the plea and resolving it with out a DUI conviction. This is not an easy process, and there are certainly no guarantees, but it may be worth your time. I offer free consultations and would be happy to talk with you more about your specific situation.

  7. I received a DUI in JAX, FL with a BAC (blood test at hospital) of .333...car parked and my keys in ignition, and car running.

    Answered about 4 years ago.

    1. Stephen Andrew Mosca
    2. Lewis Lee Lockett
    3. Richard Earl Hornsby
    4. Nicholas Martino
    5. Michael Douglas Shafer
    5 lawyer answers

    Blood draw cases, like yours, can sometimes take months to file and years to litigate. More importantly is for you to recognize that there are many legal issues that can arise in a situation like yours relating to the treatment at the hospital, the ability to use the blood against you, and obtaining the warrant. I offer free consultations on any criminal matter so I'd be happy to talk with you about possible defenses in your case. I can be reached directly at (904)616-2920, also at www....

  8. Underage possession of alcohol adjudication of guilt

    Answered almost 5 years ago.

    1. Nicholas Martino
    2. Richard Earl Hornsby
    3. Don Waggoner
    4. Lewis Lee Lockett
    5. Alan James Brinkmeier
    5 lawyer answers

    Depending on your record you would be eligible for a sealing, so it would not follow you during the admissions process. Right now regardless of adjudication or withhold the charge will show on your record. If there is some complication with a sealing it also may be possible to withdraw your plea and get the charge diverted or dropped all together. I would consult an attorney in the Jacksonville area, this is a common situation that I handle on a regular basis in Jacksonville.

  9. I have a DUI felony which is boxing me in from volunteering or basically being part of the community. What can I do?

    Answered about 5 years ago.

    1. Dominick Christopher Russo
    2. Nicholas Martino
    2 lawyer answers

    A DUI conviction can and does stay with you for life. It impacts your ability to work and participate in your community. It sounds ilke your best option may be to consult an attorney and pursue a withdrawal of your plea with a reentry as a Reckless Driving. Although you don't have a right to that remedy at this point, with the right mitigation you may be able to get the State to agree. It is by no mean a guarantee, or easy, but there is a chance it could be done.

  10. Dui

    Answered over 5 years ago.

    1. Jeffrey Patrick Bassett
    2. Nicholas Martino
    2 lawyer answers

    It is very possible that you could be charged with a DUI. Often times the filing decision, and obtaining a warrant will take a few weeks depending on the office. I would recommend retaining an attorney, and allowing them to begin checking if a warrant will be issued. An attorney will be able to arrange a surrender if necessary to lessen the impact on your work, etc., and then turn to fighting the charge. My office does work in Flagler County, so feel free to contact my office if you have...