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Ilir Kavaja
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Ilir Kavaja’s Answers

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  • I AM AN IMMIGRANT AND ONE AMERICAN IS HARASSING ME.I NEED TO GO TO COURT. WHAT AND HOW SHOULD I DO THIS UNDER MASSACHUSETTS LAW?

    I am in MA under fiance visa. My fiance's ex girlfriend every time when we meet by accident she keeps harassing me in the street. Saying, swearing bad things about me. Few times we(my fiance) called police and they solved it and told her stop doin...

    Ilir’s Answer

    You can apply for a Harassment Prention Order umder Mass General Laws ch. 258E. Go to the local courthouse and ask at tje clerk's office.

    good luck.

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  • Dui dismissed by the courts my insurance company is telling me to bring a paper from the court stating this to the rmv

    dui dismissed by the courts my insurance company is telling me to get a paper from the court stating this and bring it to the rmv to have them remove the dui is this possible or it just more complicated then im being told?

    Ilir’s Answer

    Likely more complicated. Either speak with the attorney who represented you about this, or consult with a new one.

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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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