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.


Monday, August 27, 2012

Be Careful What You Share On Social Media

As technology advances more everyday, the methods used by law enforcement to catch people seems to be keeping up. Social websites like Facebook, Twitter, Youtube, and even Flickr have become the new "proving grounds" where law breakers go to show off their exploits. Whether it's through photos of stolen merchandise, self made videos of vandalism, or even posts describing their deeds, people have become more likely to share their stories online – something the Police have started to take notice of.

Recently, a 21-year old man was caught posting photos of himself holding a stolen name plate from a Ft. Lauderdale Judge. The photo of him with the stolen goods was posted to his girlfriend's Facebook page.

Despite not receiving special training when it comes to using social media as a tool to catch criminal activity, many officers are utilizing their self taught knowledge to track down and prosecute individuals that publicly out themselves to their friends.

Even when posters are anonymous, like in the case of a computer hacker, Police are still able to use the meta data in a photo, or the special code that contains information such as GPS location, time, etc, to track and arrest suspects.

Even with the tightest security settings possible, authorities are still able to gain access to a suspects profile, and in turn, their photos, posts, videos, and friends. Keep in mind that while you may have only intended to share things with close friends, any information you post to your social media accounts will be on the internet forever, and thereby findable by Police.

If you have been in the situation where authorities have used evidence from your social media accounts in a case against you, rest assured that Massachusetts Criminal Defense Attorney Paul R. Moraski can help. Contact our office to schedule your consultation today.

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, August 21, 2012

Were Your Miranda Rights Violated?

Miranda rights have been put in place to ensure that our constitutional rights against self incrimination and our right to an attorney are protected. Are you wondering if your Miranda rights have been violated? In most situations that is a complex question to which only the courts can provide the answer to. However, there are procedures that police are required to follow when taking a person into custody.

Your Miranda rights must be read when two circumstances occur: the first is you must be placed in custody and the second provision is when a custodial interrogation begins.

A custodial interrogation is generally any questioning by a police officer after a person has been detained (held against their will, hand cuffed, placed in the back of a police car, or deprived of freedom in any way).

When a person has been detained, a police officer must inform you of your right to remain silent and your right to have an attorney present. There are of course exceptions to this. In an instance where you were pulled over for a routine traffic stop and a police officer asked you questions, they are not required to read you your Miranda rights. A traffic stop is not considered custodial, even though you are not really free to leave during questioning. This situation would be considered a Terry stop and Miranda rights are not mandatory.

If you are asked questions about your involvement in a crime or about a crime itself then your Miranda rights must be read. Any questions designed to obtain incriminating information must be preceded by Miranda rights. A line of questioning including, “Where did you get these drugs?” or “Do you have permission to drive this car?” or “What were you doing there?” are all examples, of when Miranda might attach.

Although law enforcement have been using Miranda warnings in the United States since 1966, errors continue to be made. Attorney Moraski will determine whether a Miranda warning was required for your case and if so, he will fight to get a damaging statement or confession suppressed in court. This can immensely affect the outcome of your criminal case.

The question of whether your Miranda rights have been violated or not is an extremely intricate one. Just because you confessed to a crime or made a damaging admission, does not mean that your case is hopeless, so if you suspect that your rights have been violated contact Massachusetts Criminal Defense Attorney Paul R. Moraski.


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