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Practice Areas
- Criminal Law
- Domestic Violence
- DUI & DWI
- Insurance Claims
- Juvenile Law
- White Collar Crime
Fees
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- Massachusetts
- United States District Court of Massachusetts
Languages
- English: Spoken, Written
Professional Experience
- Lefteris K. Travayiakis
- Current
Education
- Suffolk University Law School
- J.D.
- Wentworth Institute of Technology
- B.S.
Awards
- Top 20 Up & Coming Lawyer & Rising Star
- Massachusetts Lawyer's Weekly
Professional Associations
- Massachusetts Bar Association
- Member
- Current
- National Association of Criminal Defense Lawyers
- Member
- Current
- Massachusetts Association of Criminal Defense Lawyers
- Member
- Current
Websites & Blogs
- Website
- Lefteris K. Travayiakis' Website Profile
- Website
- Lefteris K. Travayiakis Website
- Blog
- Boston Criminal Lawyers Blog
- Massachusetts Habitual Offender Predicates Must Be Separate Incidents
12 May 2017 - Massachusetts High Court Rules Seizure of Gun Improper in Multi-Family Search Warrant Case
10 May 2017 - Massachusetts Judge Properly Upholds Suppression of Gun Found After Unlawful Impoundment of Car by Boston Police
15 March 2017 - Cambridge Gun Conviction Reversed For Unlawful Stop by Police
12 January 2017 - Conviction of Possession of a Loaded Firearm Can’t Stand Without Predicate Possession Conviction
2 December 2016 - Police Not Entitled to Seize All Personal Items In All Circumstances During Vehicle Inventory Search
20 October 2016 - Massachusetts Judges Must Now Consider “Ability to Pay” When Imposing Restitution
26 September 2016 - MA SJC Orders Aaron Hernandez Cell Phone Held by Attorneys Turned Over to Prosecutors
22 August 2016 - Massachusetts SJC Rules No Right to Counsel for Breathalyzer
15 August 2016
- Blog
- Boston DUI Lawyers Blog
- OUI/DUI Roadblock Held Constitutional Despite Deviations from Operational Plan
20 May 2017 - Massachusetts Alcohol Breath Test Machines Between 2012-2014 Ruled Unreliable
26 February 2017 - Ambulance or EMT Records Ruled Admissible in Massachusetts OUI/DUI Trials
16 December 2016 - Massachusetts Appeals Court Throws Out OUI/DUI Case for “No Fix” Violation
8 November 2016 - Massachusetts Appeals Court Finds Sufficient Evidence to Sustain Drunk Driving Conviction
10 May 2015 - A Challenge to OUI / DUI Stops From Anonymous 911 Callers
29 March 2015 - Massachusetts State Police To Conduct DUI Roadblock in Bristol County
9 December 2014 - Massachusetts DUI Conviction Overturned For Lawyer Failing in Defense
20 November 2014 - Massachusetts State Trooper Indicted for Vehicular Homicide OUI / DUI
4 May 2014
Legal Answers
11 Questions Answered
- Q. My partner of 15 years and father of my two kids was recently arrested for aggravated assault.
- A: Tough question to answer given the little information you provide... Feel free to give me a call and we can discuss in more detail.
- Q. 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...
- Q. 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.
- Q. 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.
- Q. 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...
- Q. 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.
- Q. 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.
- Q. 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...
- Q. 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...
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