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Nicholas Martino

Nicholas Martino’s Answers

68 total


  • Will I need to go back to prison for my technical violation?

    I violated felony probation almost a year ago by not going to my appointment. I had 5 months left of a 1 year probation sentence. I have since had a baby, and found a job, so you can understand why I don't want to go to prison. Is there anything I...

    Nicholas’s Answer

    The penalty for a violation varies greatly based on the facts of the case. You should consult an attorney about advocating for you. A violation doesn't necessarily mean jail time.

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  • I have a one felony on my record can i get it erased or removed its for damage to govt property.

    out if 5 yrs probation i have 10 months left and i am having trouble getting a job i don't want this one thing to ruin the rest of my life.

    Nicholas’s Answer

    Completing is the first step. After that there are statutory requirements that must be met to seal a record. Those requirements include the disposition of the current charge, your prior record, etc.. A criminal defense attorney in the area will be able to assess your situation quickly.

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  • This is my 3rd violation under the Y.O Act and I'm down to my last month on probation. can the court give me more time ?

    I was sentence as a Youthful Offender back in 2009. I did 4yrs in prison and 2yrs on prbation. This is my 3rd violation, they all have been tect violations. this 3rd violation is for not suceessfully completing treatment and I owe probation fees e...

    Nicholas’s Answer

    This is not a great situation based on what you've told us here. The punishment will depend heavily on your judge, and the facts of the underlying case. Also, you may have some legal arguments relating to the maximum penalty given while on probation. I'd find an attorney in your area that handles criminal cases.

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  • I was locked up for 10yr sentence got out in 9yrs due to I beat the case on appeal DUE TO THEY WERE WRONG and can I sue.

    I GOT LOCKED UP IN 2001 AND GOT OUT IN 2010 AND WAS STILL PAROLED FOR 2 YEARS. I WAS WRONGFULY IMPRISIONED AND WAS LET GO AND I WANT TO GET THIS LOOKED INTO.

    Nicholas’s Answer

    Being wrongfully incarcerated isn't enough alone for a civil suit, however, it is a significant factor. The manner in which you were investigated and prosecuted must be looked into to as well. Consulting an appellate attorney in your area is the best course of action.

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  • The love of my life got sentenced to a min. of 40 years, please help me.

    My fiancé was found guilty of attempted in the second degree and for having a gun / ammo while being a felony delinquent . Here's the best part NO WEAPON WAS RECOVERED. No finger prints no forensic no nothing . He was convicted because some low li...

    Nicholas’s Answer

    Your issues are time sensitive so you should consult with an appellate attorney immediately. Many attorneys have options for retainers when a client has a tight budget so don't let that discourage you.

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  • What happened if I win my FL DHSMV BAR review ?

    I am scheduled to go before a hearing panel and I would like to know, if a wins the case with the DMV will my DUI charge stay on the driving record? Will insurance company ever find out ?

    Nicholas’s Answer

    If you win the DHSMV hearing then the suspension will be invalidated and removed from your driving record. However, that is only the administrative side. The criminal case will still exist and end up on your driving and criminal record, assuming you aren't acquitted at trial. These hearings are important and can impact the criminal case. You should contact an attorney in your area that handled DUI cases.

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  • Felony /missed court question.

    My boyfriend has been on probation for obtaining a controlled substance by fraud, a felony charge for almost two yrs. He violated back in February which i paid a 900 dollar cash bond to get him out, and he missed court (he did not know he had cour...

    Nicholas’s Answer

    There are many factors here including the judge, prior criminal history, and facts of the case that could decide whether he does any significant time. It would be best to find an attorney with experience in criminal law to assist you.

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  • Is this Statute of limitations or right to speedy trial?

    In 2008 I attempted to return some furniture to a Rent 2 Own company, we missed each other before I left the state for 6 months. In 2010 they filed felony charges for failure to return leased or rented property. Last Tuesday a deputy showed up at...

    Nicholas’s Answer

    Definitely not speedy trial, but statute of limitations may be an issue. Keep in mind that many factors can toll the time for a statute of limitations. It's best to consult with lawyer who practices in the area of criminal law.

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  • Is it illegal to hack into someone's Facebook account and post as them?

    A former friend hacked into my Facebook account and posted derogatory things as me...I reset password and changed and locked login notifications...She is still trying to hack in because I keep getting notifications on my phone that someone keeps ...

    Nicholas’s Answer

    The way in which the account was accessed will determine if it is illegal. However, there may be civil remedies as well. Electronic breaches are a difficult area and you should find someone qualified to discuss the case with.

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  • To seal or to expunge criminal records in Duval County FL?

    I was arrested in Duval County Florida for 3rd degree felony (S827.03(3)(C) CHILD NEGLECT - NO GREAT BODILY HARM). The case was diverted to PTI and was official closed/dropped upon successful completion of the contractual requirements. I underst...

    Nicholas’s Answer

    1. Expunging a record is preferable because it is a destruction of the documents and it won't be accessible in the future.

    2. If you have prior adjudications that will bar sealing or expunging. If you don't, then you will need to have a lawyer go through the facts of your case to determine if anything else would preclude it.

    Thank you!

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