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Nicholas Martino

Nicholas Martino’s Answers

65 total

  • 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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  • Should I let my 18 yr old go to trial with public defender on severe felony charges, armed burglary and grand theft

    they say they have his dna

    Nicholas’s Answer

    You should let your son go to trial with an attorney he is comfortable with. There are many good and bad public defenders, just like private attorneys. The best course of action is talk with some attorneys, have your son talk to them as well, and then reach a decision on who he feels most comfortable with to defend his interests in front of a jury.

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

    if my id checks out can they still search me

    Nicholas’s Answer

    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.

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

    I was arrested and charges with Grand theft from a Government agency. That same agency used their powers to use their police to try and force me to pay the local government or go to jail. I took jail as the option.. I would say more but not...

    Nicholas’s Answer

    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 of the law. I would consult the Florida Bar's referral program for a competent Civil Rights attorney in your area.

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  • Are restitution payments reimbursed if a sentence is vacated?

    20 years ago I was prosecuted for damaging a car. My public defender / I pled not guilty at arraignment then he encouraged me to make a plea deal saying the owner wanted $1800-$2400 the insurance wouldn't cover. I withdrew my NG and pled G w/ adju...

    Nicholas’s Answer

    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.

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

    I have absolutely no record and have entered the pre trial intervention program

    Nicholas’s Answer

    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.

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