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Ilir Kavaja
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Ilir Kavaja’s Answers

726 total


  • What should I do next?

    I am an international student and have been accused of stealing property (~$6,000) from my workplace in IL. I confessed to my wrongdoings in MA and explained the personal circumstances I did it under. The report was sent back to IL and I have been...

    Ilir’s Answer

    Whether or not you get charged with a crime, and hence risk revocation of your non-immigrant status, depends on the Prosecutor's Office where the investigation commenced, and on the complaining party (your employer).

    I hope you have learned from all this that you should not speak with anyone regarding this, or anything relating to your immigration status or pending criminal investigations. Always have an attorney advise you, and if possible, be present when you interact with anyone regarding this.

    Good Luck.

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  • I am a permanent resident and need to go to home country for 6 months or more

    I got my green card through marriage to a US citizen in 2011 and after that I visited my home country twice once in october 2014 for 45 days and once in april 2015 for 33 days. due to my moms health issues I have to go there and probably stay ther...

    Ilir’s Answer

    As everyone correctly points out, being outside of the US for a period longer than 180 days disrupts your continous presence in the US (required to apply for citizenship). Moreover, there's a rebuttable presumption in the law that if you are away for more than 180 days, you have given up your permanent residence. You must apply for advanced parole/re-entry permit before you leave.

    However, why are you worried about the 5 years? You state you obtained the PR status theoigh marriage. If that is still ongoing you can apply for citizenship right now.

    Consult with an attorney ASAP.

    Good luck.

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  • Just found out I have a active warrant for assualt and battery what to do.

    i never been arrested before.

    Ilir’s Answer

    Contact a local attorney to help you clear it out. Otherwise, you can report to the clerk's office in the courthouse the warrant is out off, but you risk being detained.

    Good luck.

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  • If you lawyer says one thing and that is not the result in court . Along with does not seem to listen to what you are saying,

    He does not seem to want to bring up history of person pressuring charges when she is know for hurting herself and using court to get what she wants he says it does not matter about her character, is this true or does it come into play in criminal...

    Ilir’s Answer

    Past character evidence may not be ised to prove conformity therewith. However, specific past acts may be used to impeach a witness on the stand.
    Your attorney is the closest to the facts of your case, and therefore in the best position to evaluate strategy and claims. If you have lost faith in your attorney, then consider consulting with a different one in private.

    Good luck.

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  • Can you be evicted in Mass. for being charged, but not convicted, of "conspiracy to distribute Oxycodone"?

    After being arraigned, also being a cooperative witness and, despite never having sold any drugs - ever (I know, it's not proven either way, yet), I found a notice on my door from the landlord's attorney saying I had to move out. It also said it w...

    Ilir’s Answer

    This should be re-classified as it falls under Landlord-Tenant law, and not under criminal defense.

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  • So what are the rights about searching the car?

    I was driving and got pulled over for a bad sticker and have no license so I got arrested for no license and the cops put me in cruiser then searched the car, do they have the right to do that??

    Ilir’s Answer

    Yes, and maybe. A police officer can arrest someone for a misdemeanor that happens in the presence of the officer (i.e. driving w/o a license, or with a suspended license). Moreover, if the officer was justified in towing your car, then the search was also justified as an inventory search. A more thorough analysis of the facts is required in order to answer the "search" part of your question with more authority.

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  • What r my odds OUI

    got into accident i was sent to hospital was unconscious,an they took blood work. an than was cited when i came home from hospital for OUI what would be my best option here,first affense,also have a CDL license .please help..Thanks

    Ilir’s Answer

    Any sort of plea or admission would result in you losing your CDL, at least for a year. I suggest you contact an attorney and go over the facts in private. Then you can come up with a plan of attack. Blood work and translating it to an actual BAC can be tricky, so make sure you retain someone experience in the area.

    Good Luck.

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  • Are Charges ever filed when case is "dismissed prior to arraignment"?

    I had a traffic citation marked as "criminal" last year (No registration and Insurance - Although i had them). However, i never attended a show cause hearing because i wasn't conversant with the option then. I got an arraignment summons which incl...

    Ilir’s Answer

    If that is your only run-in with the law, then yes, you should be able to safely answer it that you were never charged. However, at times the probation department does not comply with the judge's orders. You'd be wise to look into your board of probation record/CORI through an attorney.

    Good Luck.

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  • I have reason to believe that I might be arrested on drug charges. Is there a way to do it peacefully?

    My father is old and has cancer. I'm caring for him. If the DEA does their typical reckless break the door down and cuff everyone routine, they might kill him. He had a colectomy and has several surgical openings in his body. He's very, very f...

    Ilir’s Answer

    If you believe an arrest is imminent, then retain an attorney and negotiate a surrender on terms favorable to you. You'd be wise to get ahead of this; at the very least consult with an attorney to explore different options.

    Good Luck.

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  • ..my wife got laid off as soon as we got married..she is a US citizen and am without any status. Can she still file for me?

    Ad my wife is been laid off from work.. can she still file for me to get a green card? She is a US citizen and I'm without any status. .

    Ilir’s Answer

    Unless she has ever been convicted of sexual assault against a minor, then she can file. You may need to file a waiver concurrently, depending on how you entered the U.S. Finally, she will likely need a second sponsor to meet tje income requirement. Do yourself a favor and schedule a consult with an immigration attorney to get everything answered in an informed and accurate manner.

    Best of luck.

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