Marino v. State

This matter is before the court on John Mark Marino’s petition for writ of prohibition seeking to preclude the circuit court from prosecuting Marino on two counts of unauthorized practice of law. Marino claims that because the circuit court initiated a direct criminal contempt proceeding against him based on the same facts that give rise to the unauthorized practice of law charges, his prosecution on those charges results in a doublé jeopardy violation. -

Although the circuit court did not expressly announce that it was proceeding under Florida Rule of Criminal Procedure 3.830 when it began…