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Questions Answered by Lefteris K. Travayiakis
3 Answers | Asked in Criminal Law for Massachusetts on
Q: My partner of 15 years and father of my two kids was recently arrested for aggravated assault.

The neighbors called it in. He’s been a good dad and never has there been any abuse before. I asked the cops not to press charges. Is there any way to get the charges lowered?

Lefteris K. Travayiakis
Lefteris K. Travayiakis answered on Nov 22, 2016

Tough question to answer given the little information you provide... Feel free to give me a call and we can discuss in more detail.

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Do I have the right to present legal documentation to judge, if I was served a default warrent? I was legaly detained

Section 12 Menal health, defaulted on court hearing, hospital informed court of my inability to show, was arrested anyway, held with 1,000.00 bail or 60 days in jail. Why was I not allowed to show legal evedince or speak.. ???

Lefteris K. Travayiakis
Lefteris K. Travayiakis answered on Feb 16, 2011

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...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: If a search warrant has the wrong date of birth and soical security number for that person,will that case be thrown out?
Lefteris K. Travayiakis
Lefteris K. Travayiakis answered on Feb 16, 2011

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...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: If the search warrant has the wrong date of birth and social security number,will the case be thrown out?
Lefteris K. Travayiakis
Lefteris K. Travayiakis answered on Feb 16, 2011

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...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: I accepted a continuation without a finding in Massachusetts earlier this morning. Can I withdraw my guilty plea?
Lefteris K. Travayiakis
Lefteris K. Travayiakis answered on Feb 16, 2011

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...
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1 Answer | Asked in Criminal Law for Massachusetts on
Q: I am inquiring about filing a civil lawsuit regarding a blatant mistake on my cori record by the ma court system.
Lefteris K. Travayiakis
Lefteris K. Travayiakis answered on Feb 3, 2011

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... Read more »

1 Answer | Asked in Juvenile Law for Massachusetts on
Q: What are the rights of an 18 year old?
Lefteris K. Travayiakis
Lefteris K. Travayiakis answered on Dec 30, 2010

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...

1 Answer | Asked in Employment Law for Massachusetts on
Q: If an ex-employee is e-mailing you can you place a restraining order on the person?
Lefteris K. Travayiakis
Lefteris K. Travayiakis answered on Dec 29, 2010

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...

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Do I need to hire a criminal lawyer opposed to public defender because my apartment was searched by police?

They did have a no knock warrant but I never saw it and they found nothing but marijuana 1oz.

Lefteris K. Travayiakis
Lefteris K. Travayiakis answered on Dec 29, 2010

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... Read more »

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Is someone being held with no prior criminal record for $50,000 bail excessive?
Lefteris K. Travayiakis
Lefteris K. Travayiakis answered on Dec 29, 2010

The bail that is set for any criminal defendant can vary depending on a number of factors other than the person's criminal history, particularly the seriousness of the charges and the potential penalties the charge(s) carry; any aggravating factors (such as whether a weapon was used); and whether... Read more »

2 Answers | Asked in Criminal Law for Massachusetts on
Q: Do they do drug testing on all people that have to go to probation?
Lefteris K. Travayiakis
Lefteris K. Travayiakis answered on Dec 30, 2010

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...
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