Questions Answered by Lefteris K. Travayiakis - Justia Legal Answers

• 16 February 2011Q: Do I have the right to present legal documentation to judge, if I was served a default warrent? I was legaly detained
  A: By what you described, it sounds as if perhaps there is more information that might explain why you were held. First off, once a Default Warrant is issued and you are stopped by the police, they have no choice by to arrest you. To answer your question, generally yes, you are able to and should provide documentation explaining why you missed a prior court appearance. HOWEVER, from what you described, your being held on $1,000 bail or 60 days in jail sounds more like a judge either revoking your bail on another pending open case, in which case you are held without bail for up to 60 days and $1,000 bail was imposed on the other case. I would need additional information in order to be able to provide a more concise answer...
• 16 February 2011Q: If a search warrant has the wrong date of birth and soical security number for that person,will that case be thrown out?
  A: Generally, in order to be valid, the form and content of the affidavit accompanying the Search Warrant application must describe with particularity the place to be searched and the persons or things to be seized. Where the search warrant fails to accurately describe the persons date of birth and social security number, a challenge could and probably should be made that the warrant fails to comply with the particularity requirement and is therefore defective. The question for the court, however, will be whether the warrant is so facially defective in failing to particularize the place to be searched or the person to be seized. On that note, one issue that might cure any defects on the application itself is whether the accompanying affidavit addresses or corrects the mistake. In other words, the affidavit attached can cure the particularity deficiency and validate the warrant.
• 16 February 2011Q: If the search warrant has the wrong date of birth and social security number,will the case be thrown out?
  A: Generally, in order to be valid, the form and content of the affidavit accompanying the Search Warrant application must describe with particularity the place to be searched and the persons or things to be seized. Where the search warrant fails to accurately describe the persons date of birth and social security number, a challenge could and probably should be made that the warrant fails to comply with the particularity requirement and is therefore defective. The question for the court, however, will be whether the warrant is so facially defective in failing to particularize the place to be searched or the person to be seized. On that note, one issue that might cure any defects on the application itself is whether the accompanying affidavit addresses or corrects the mistake. In other words, the affidavit attached can cure the particularity deficiency and validate the warrant.
• 16 February 2011Q: I accepted a continuation without a finding in Massachusetts earlier this morning. Can I withdraw my guilty plea?
  A: There are very few and specific circumstances whereby someone can withdraw their plea - whether it was the next day or several years later for whatever reason. When you went through the colloquy or change of plea, I imagine the Judge asked several and various different questions to make sure you understood that you were changing your plea and that you understood what rights you were giving up. Consequently, although you can technically try to move to withdraw your guilty plea, you would have to demonstrate that the plea was defective in some way because either your attorney and/or the judge failed to advise you of certain rights; and/or that you were mislead and/or didn't understand everything that was going on. If, however, the reasoning is because you feel now that you could have gotten a better deal or that you could have beaten the case at trial, you will have a more difficult time...
• 3 February 2011Q: I am inquiring about filing a civil lawsuit regarding a blatant mistake on my cori record by the ma court system.
  A: Without knowing the circumstances and therefore unable to render an opinion as to whether you have a viable civil action, I might recommend just going to the Probation Department at the courthouse and asking them to correct the mistake. The situation may require that you ask the clerk's office to have the case (that denotes the mistake on your CORI) called before a Judge so the mistake is addressed. Mistakes on CORI are all too common and most often, they are addressed and corrected in just that manner.
• 30 December 2010Q: Do they do drug testing on all people that have to go to probation?
  A: Typically random drug and/or alcohol testing is imposed in the Terms and Conditions of Probation where the person is charged with a Drug Crime or if drugs/alcohol was related the commission of the person committing the offense. Typical charges where drug/alcohol testing might be imposed in probation would include drug crimes, drunk driving related offenses, and even theft crimes where the person has a criminal history of drug-related crimes (as Judges perceive that most theft crimes are committing for the procurement of drugs). In my practice, I try to avoid my clients from being subjected to additional terms of probation such as drug/alcohol testing, even in drug cases, as I believe the less conditions imposed results in the least likelihood of the client being charged with a Probation Violation.
• 30 December 2010Q: What are the rights of an 18 year old?
  A: Very simply, the rights of an 18 year old are the same as those of every other adult (except for alcohol)...The question is very broad, but if you'd like to narrow down the issue I'd be happy to be more concise for you...
• 29 December 2010Q: If an ex-employee is e-mailing you can you place a restraining order on the person?
  A: Restraining Orders are issued by the courts when there is a determination to believe that the order is necessary to protect the person from serious bodily injury and/or death...
• 29 December 2010Q: Do I need to hire a criminal lawyer opposed to public defender because my apartment was searched by police?
  A: As you probably know, the U.S. Constitution and the Massachusetts Declaration of Rights grants each citizen to be free from unlawful searches and seizures. If your apartment was searched by the police, you have very likely been under surveillance from the police department and may be charged with a crime if evidence of criminal activity was seized as a result. Even if the search did not yield any contraband, it's unlikely that the police will just 'move on' and forget about you. Your apartment was searched for a reason, which should be outlined in the Affidavit accompanying the Search Warrant, a copy of which should have been provided to you. A public defender will not be given to you unless and until you are charged with a crime and the court declares you 'indigent'. If you wish to speak to a criminal lawyer about your rights and to investigate further information about the search of your apartment and obtain a copy of the search warrant, you should hire a lawyer.