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Ilir Kavaja

Ilir Kavaja’s Answers

746 total


  • If someone files a false harassment order on me, do I have any other recourse besides showing up to court?

    My fiancee's ex wife has been terrorising me for 4 years. I had a previous restraining order against her, which she violated, and was charged with. She now started back up harassing me over social media, as well as by having her boyfriend call...

    Ilir’s Answer

    No, you must be present yourself and it would be prudent to be represented by an attorney. Alternatively, you can retain counsel and ask the Court re-schedule the hearing on a date when you are available. Based on what you say, you may be able to apply for, and obtain, Abuse Prevention Orders on both of them (209A orders).

    Good luck.

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  • Do probation violations happen...

    I have a possible new charge pending. This alleged charge happened almost two years ago. I was recently put on probation 4 months ago. Being this new charge happen before I was put on probation, will I be violated? I should note that I have NOT...

    Ilir’s Answer

    If the alleged conduct giving raise to the new charges happened before you were put on probation, there is a strong legal argument to be made that no violation has occurred. Keep in mind that most POs are not attorneys and may, or may not understand the law fully. Also, keep in mind that most are professional and will usually listen to an argument before issuing a notice of violation. You may want to retain an attorney to serve as a buffer with your PO and handle possible violation allegations.

    Good luck.

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  • We need help!

    My 13 y/o son was accused of touching a girl's chest yet she said to him on the late bus...come to the back of the bus..."I want to show you something". This was right before xmas. It is now April. He has been suspended from school since then. The...

    Ilir’s Answer

    Avvo is not a forum to discuss this in depth. These are extremely serious charges that have done much damage already. You must retain another attorney ASAP! The new attorney you hire can try to give you and your famiky some legal guidance moving forward.

    Good Luck

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  • Can I go to prison for 2nd shoplifting charge?

    I got caught stealing the other day and the police were called. They caught me in the parking lot, cuffed me and brought me back to the store. I had two full carriages of items but I had spent $400 and stole about $230 worth. The store gave me pa...

    Ilir’s Answer

    You technically can be sentenced to serve time IF you get convicted. It is possible to avoid that with competent and experienced counsel. Retain, or at least consult with an attorney ASAP.

    Sincerely,

    Ilir Kavaja

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  • Does a "Magistrate Set Bail" on the day of a hearing?

    Does a "Magistrate Set Bail" on the day of a hearing?

    Ilir’s Answer

    No, a magistrate does not set bail on the day of a Show Cause/Magistrate hearing. However, a magistrate decides whether or not to issue a criminal complaint against you. He or She will decide whether enough facts are alleged (assumed to be true) in order to satisfy the probable cause standard (a very low threshold).

    Good luck.

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  • What is the Malden District Court Magistrates Job????

    Just received a notice in the mail to appear in Malden District Court. It says, I have to appear in front of a Magistrate Hearing! The charge is for an unlicensed contractor violation 142A/19. My home improvement license was currant at th...

    Ilir’s Answer

    While you do not "need to" have an attorney, you should have one. Keep in mind that a magistrate hearing is to determine whether or not criminal charges will be issued against you. If they do, it will be on your record that you were charged.

    I practice in the Malden court regularly, and most of the magistrates are very fair and reasonable. However, having an attorney represent you at such a hearing is the best way to go. While it will cost you a bit to retain an attorney, most people find the cost well worth it.

    If you would like to read up on Clerk Magistrate Hearings, I am attaching a link in the bottom. Feel free to find an attorney here on Avvo using the "find an attorney tool", or you can contact anyone who responded to your question.

    Good luck,

    Ilir Kavaja

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  • How could this have happened and how do I resolve this

    I am being falsely accused of having inappropriate contact with a minor. the child in is my nephew, you told my brother his father that I had exposed myself to him multiple times and that he had at one point touched my genitals.

    Ilir’s Answer

    You ask: How could this have happened. The simple answer is that someone made a report with those specific allegations that are now being investigated.
    You ask: How do I resolve this. Unfortunately, there's no "resolving" this, simply due to the nature of the allegations. The best thing you can do is not to say anything about this to anyone and hire an attorney ASAP.

    Good luck,

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  • Should I be concerned about getting a DUI and how long do they have to file etc? How do I read the codes on the report?

    I was in a car accident 5 days ago where i was injured pretty significantly. I was less than a quarter mile from my home when it happened. I hit a bump/frost heave that made my car jump. The car swerved and i was having a hard time regaining contr...

    Ilir’s Answer

    Likely nothing will come of it. If, however, police suspect an oui, they will then charge you and let things play out in court. By law, the state has six years to charge you.

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  • My question is what will happen when he is release will he be held by ICE or will he be with us until his new court date?

    My father was sentenced to 2 years his time will be up October but he's been working and doing good so fingers crossed he'll be out in May. Due to him being sent to jail he missed his immigration hearing, judge sent a deportation notice. The judge...

    Ilir’s Answer

    Likely he will be transferred (paperwork only) into ICE custody. Also likely he will remain in the same place he is now. If there is a possibility of bond, then he, or his attorney will be able to argue it. Make sure he has an attorney to watch out for his best interest in his Immigration case.

    Good Luck.

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