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Kevin P. Landry

Kevin Landry’s Answers

456 total


  • If you are on probation of an oui and then get put in to protective custody later for drinking does it affect probation

    is in violation or probation for oui and awaiting 2nd court date for violation was then put into protective custody for being drunk in public would this show up in my violation of probation case. this is information for a family member not my self

    Kevin’s Answer

    Attorney Leary is spot on. If you are charged with a crime then it is a violation. It would also be a violation if as part of your probation conditions you were required to refrain from ingesting alcohol.

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  • Hi I am filing a Pro Se motion and it says on it placed on probation,is it when I got sentence or the day I started probation.

    This is my first time on probation and with this case Its from 2005,and one charge I did 4 years and 3 months for,i got out on an appeal,and this charge got probation.Paid everything and did e verything I was suppose to do.My two youngest live in ...

    Kevin’s Answer

    Generally that is the day you received your sentence/disposition. Easy enough to check. Call the Court house and ask for Probation.

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  • Can I transfer my 24q after care from Massachusetts to another state?

    Not in patient, but after care program Court fees payed off haven't missed a monthly payment

    Kevin’s Answer

    Yes you can with Court approval. Speak to your probation officer. If you have been a good probationer he or she may consider it. If your probation offices says no, then hire a lawyer to file a motion on your behalf.

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  • I missed court and have a default warrant, but I have a valid reason

    In early 2013 I received a summons to appear in court on a larceny of 250 charge. I went to court, was appointed a public defender & was released with a new date on personal recognizance. I had another date that I showed up for & then was given an...

    Kevin’s Answer

    First, my condolences for the loss of your Mom. Contact and hire a private lawyer to arrange for your surrender to remove the warrant. You may also try contacting your lawyer that was assigned to your case. In any event, you are best walking in with a lawyer to remove the default warrant. If you do not have a record, or much of a record, and have a good history of appearances you should be fine. If you do have a record and a history of defaults then it may be more difficult.

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  • Missed a court date, have a default warrant, but have a valid reason

    In early 2013 I received a summons to appear in court on a larceny of 250 charge. I went to court, was appointed a public defender & was released with a new date on personal recognizance. I had another date that I showed up for & then was given an...

    Kevin’s Answer

    First, my condolences for the loss of your Mom. Contact and hire a private lawyer to arrange for your surrender to remove the warrant. You may also try contacting your lawyer that was assigned to your case. In any event, you are best walking in with a lawyer to remove the default warrant. If you do not have a record, or much of a record, and have a good history of appearances you should be fine. If you do have a record and a history of defaults then it may be more difficult.

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  • I drank a brand purified water, and felt sick tonight. I have a little headache and fever, want to vomit all night.

    The water bottles are used, sort of dirty, scratched on the face. I did not notice the bottles unclean after I felt not good. We are not supposed to find anything wrong with drinking water purchased from Staples, right? Need I go to hospital now...

    Kevin’s Answer

    You have many difficulties with this claim. First, your damages (injuries) are nominal. Second, you have nothing to support (medical documentation) your claim to injury and third you have no facts to suggest the water was contaminated and that it was this contamination that caused the problems you describe but remain undocumented. Consult with a PI attorney near you and provide more facts for a more detailed analysis.

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  • Can I sue my landlord for injury due to negligence ?

    My Landlord took down railings on stair case to door access on all floors. also took down lighting fixtures so left hallways dark for over three weeks. I fell down the stairs due to this. and it caused nerve damage in my neck. I go to physical the...

    Kevin’s Answer

    Yes you can and you should. From the facts you presented it appears you have a very strong claim against your Landlord. Contact a personal injury attorney near you. Use the Avvo search tool to assist you.

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  • I have recently got a job at one of the tech companies in the Bay area and have a dismissed case where I wasn't convicted.

    They will do a background check soon and I am worried that they will resend the offer if they find out about the case.. where it was not my fault and I have already gone through the trauma of the case and now worried that my dream job will be take...

    Kevin’s Answer

    Attorney Pang has got it right. Even a dismissal will appear on your criminal record. The only way to prevent this is to get the record sealed.

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  • Can I file a lawsuit on a defendant who is failing to pay restitution or only paying sparingly?

    I have been owed $5,900 in restitution for 2 years. To date I have been paid $910.00. The Defendants probation was to be 2/3 years and the restitution is a condition of the probation. I live in CT but the case is in MA.

    Kevin’s Answer

    You can do that yes. However, I would suggest contacting the defendant's Probation Officer or the Victim Witness department of the DA's office. Your more likely to get paid if the threat of jail time is put forward by the probation department rather than trying to enforce a civil judgment.

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  • How do I write a letter of demand for a settlement to a dentist that drilled my lip in error?

    I went to the dentist to have an old cavity removed and a new one put in, the dentist drilled my lip my mistake which then required stitches to repair. He sent me to an oral surgeon to have it checked. it has left a permanent lump in my lip that i...

    Kevin’s Answer

    Contact a qualified medical/dental malpractice attorney in your area. The attorney will evaluate your claim to see if it is a viable malpractice claim. Malpractice is the most difficult and complex area of personal injury. Don't try to go this alone. Use the Avvo search tool for assistance.

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