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Nicholas Martino
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Nicholas Martino’s Answers

60 total

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

    I have a convicted DUI on my record for the carrer I am going to school for I can not have a DUI on my record what should I do this happen in 2008

    Nicholas’s Answer

    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.

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  • 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.

    The incident in question occured on August 26, 2009. I received a knock on my door this past Thursday, January 14, 2010 at approximately 10:00 p.m. with three JAX police officers with a warrant for my arrest. They, at that time, issued me a citati...

    Nicholas’s Answer

    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.MartinoLegal.com.

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  • Racing charge

    My son is in jail and has a court date on the 24th for racing his bail is 18000.00 he couldnt make bail been in jasil one week his sentencing date for the ticket is the 24th, he wants to plead no contest, instead of not guilty because he wants thi...

    Nicholas’s Answer

    That level of bond is unusual for a racing charge, with no prior criminal history. There may be more to the charge than you have been told. An attorney would be helpful to not only getting the bond lowered to a point where your son could bond out, but also to fight the charge. Rememmber any plea to a racing charge could result in loss of driving privileges. With some more information about your son, and his name it would be possible to find out more information prior to the 24th. If you have further questions my office number is (904) 619-8185.

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  • Underage possession of alcohol adjudication of guilt

    I got charged at 19 for possession of alcoholic beverage by person under 21 (first and only time). I paid a $65 fine and adjudication of guilt was withheld. I looked up the statue charge was and it says second degree misdemeanor. Now I am applying...

    Nicholas’s Answer

    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.

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

    I have three elementary age children and I received a felony DUI over four years ago. I want to know my rights about volunteering at the school. I would like to know if I can expunge or seal the DUI so my college degree can come back into play. ...

    Nicholas’s Answer

    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.

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