WELCOME TO THE BLOG OF THE LAW OFFICE OF PAUL R. MORASKI, MASSACHUSETTS CRIMINAL DEFENSE ATTORNEY

We blog about relevant issues in criminal defense law, discuss the misconceptions surrounding criminal defense law, and provide readers with helpful criminal defense information and resources.


Please visit www.massdefense.com for more information.


Tuesday, March 27, 2012

Penalties Regarding First Time Offender DUI/OUI Charges and Why Litigation May be the Best Option

If you are charged with Operating Under the Influence of Alcohol or Drugs (DUI ) and you are a First Time Offender you can be looking at about $1,800.00 worth of fines and fees and a one year probationary period. Additionally, if you want to obtain the minimum license loss of 45 days, you will have to enroll in an Alcohol Education Program, which typically takes 16 week to complete. This type of disposition is commonly referred to as a 24D (section of statute) Disposition. It allows First Time DUI/OUI Offenders to receive a Continuance Without a Finding (CWOF) and a shorter license loss.

The bad news for First Time Offenders, is that even with a successful completion of probation, this First Time Offense (even though it shows up as dismissed on your record) is considered to be a Second Offense if you are charged arrested again for Operating Under the Influence, pursuant to Melanie’s Law. Furthermore, if you do not complete your probationary period successfully your Continuance Without a Finding can be turned into a Guilty Finding, and you could potentially face 2 ½ years in Jail.

This is why it is important to hire an attorney who can aggressively and zealously advocate on your behalf. What most people do not realize is that DUI/OUI Charges can be litigated successfully, by an experienced attorney. Police Officers have to abide by the Constitution and need to have “probable cause” in order to pull your vehicle over in the first place. Secondly, Police need to have a legitimate reason to ask you to get out of your vehicle and issue you an “exit order.” If Police Officers violate your rights in anyway, a Motion to Suppress can be filed and if allowed by the Court, all of the evidence may be suppressed and your case dismissed.

Just because you failed a couple of Field Sobriety Tests, does not mean that you will be found guilty by a Jury. Field Sobriety Tests are designed in such a manner so that it is easy for people to fail them, even if they are not intoxicated. Police Officers are trained to look for certain clues of impairment. Oftentimes, what may be interpreted as a clue of impairment to a Police Officer is later seen by a Jury to be nervousness or unfamiliarity with the test. Remember, most Field Sobriety Tests take place at nighttime, in a poorly lit area, while you are on the side of the road attempting tests that you have never done before, while traffic is zipping by you. What a Police Officer may interpret as a failing score can usually be explained by being nervous, tired, injured, overweight or unfamiliar. A careful and thorough cross examination of the Arresting Police Officer can usually shed light on why you may not have passed the Field Sobriety Tests.

If you find yourself charged with DUI/OUI, please contact Attorney Paul R. Moraski at 1-978-744-1200.


The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
www.northofbostonlaw.com
www.massdefense.com
www.massdrugdefense.com

Tuesday, March 20, 2012

Restraining Order Laws in the Commonwealth of Massachusetts (209A Order)

Restraining Orders are designed to allow an order to be issued very quickly and easily; however, they are not so easy to get rid of. In Massachusetts, a person may obtain a Restraining Order ex parte, meaning; the accused will most likely not be present in front of the Judge to explain his or her side of the story. Rather, the Judge will rule based on the accusers version of the events, which oftentimes will be satisfied by just reading the accuser’s affidavit. Restraining Order laws have been enacted in order to protect people that have been suffering from abuse. However, sometimes people abuse the laws and take out Frivolous Restraining Orders, for personal gain.

In most cases, the accuser will be able to get a temporary 10 day Restraining Order issued against you. The Judge will then give you a date to come back to Court, usually within the 10 days. When you come back to Court on the 10 Day Hearing Date, you have the opportunity to have a full evidentiary hearing. It is imperative that you get an experienced attorney who can present your version of the facts. At the Full Restraining Order Hearing you have the right to have an attorney cross examine the person applying for the Restraining Order, submit exhibits to the Court and present witnesses on your own behalf.

Most people think they can simply give the Judge their account of the situation, and everything will be okay; that is most often not the case. The Judicial Process can be overwhelming and if all of the facts are not properly presented, you can find yourself in a life altering scenario. Even though a Restraining Order is considered to be a Civil Matter, it has Criminal implications. This means the accuser has been just granted a weapon in which to use against you. This person can now call the police anytime he or she is upset with you, angry that a custody proceeding didn’t go his or her way or mad that you are in a new dating relationship. If a Restraining Order is issued by the Court you may be ordered to vacate your home, avoid contact with the accuser, not abuse the accuser in anyway, and surrender all of your firearms and ammunition to the local police station. It is also possible that if the Restraining Order is issued out of the District Court, which oftentimes they are, you may not have any contact with your own children until the Restraining Order gets modified in the Probate and Family Court, which can take time.

Restraining Orders are used with great success in our society to protect citizens from harm. However, in today’s society, a Restraining Order is being used more and more for litigation purposes to manipulate divorce proceedings, child custody hearings and for one’s own personal gain. If a Restraining Order is issued against you and you violate the terms of that order for whatever reason, you will be subject to arrest, jail time, fines and a permanent criminal record. If you find yourself on the receiving end of a Restraining Order, please contact Attorney Paul R. Moraski at 1-978-744-1200.


The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
www.northofbostonlaw.com
www.massdefense.com
www.massdrugdefense.com

Tuesday, March 6, 2012

Domestic Violence Laws in the Commonwealth of Massachusetts

Domestic Violence is a term that renders a knee-jerk reaction when mentioned. When one has been accused of Domestic Violence, it often places that person in a difficult position. Especially if the allegations are false.

Domestic Violence laws in the Commonwealth of Massachusetts have served victims of crimes in many situations; however this is not always the case. In Massachusetts, when there are false allegations being made, oftentimes it becomes a race… The finish line?  The police station. He or she who arrives first will be the one pressing charges. Second place, a trip to jail, criminal record and/or loss of employment. Unfair odds when we are talking about someone’s life, reputation in the community or livelihood. Domestic Violence is not a game and shouldn't be treated as such.  

Oftentimes, Police Officers do not know whose word to believe and that is why many times the person who reports the crime first will be in the driver’s seat.  What many citizens of Massachusetts do not realize is that the Domestic Violence Law, by statute, prefers arresting the person who is alleged to be the aggressor, even if there is no physical evidence to corroborate the complaining witnesses’ story.  This is why an experienced and thorough Criminal Defense Attorney can conduct an investigation into the facts, witnesses, participants and physical evidence in an effort to uncover the truth.  It is common for bitter ex-girlfriend or ex-boyfriend, spouse or in-law to report a False Allegation regarding Domestic Abuse in order to get the upper hand in a custody battle, revenge or monetary gain.  The worst mistake that someone can make when a False Allegation is made regarding Domestic Violence is not hiring an Experienced Criminal Defense Attorney.  Not doing so could lead to a lifetime of major difficulties whether obtaining employment, housing, credit, etc. 

Don’t let yourself become a victim of a False Allegation regarding Domestic Violence.  It is paramount to exercise your rights in such dire situations. For more information on this matter and any other domestic violence-related charges such as Domestic Assault and Battery, Domestic Assault, Criminal Harassment, Stalking, Threatening, and/or Intimidation of a Witness in the Commonwealth of Massachusetts, please Contact Attorney Paul R. Moraski at 978-744-1200.
Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel:  978.744.1200
Fax: 978.825.1370