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, December 31, 2013

Who To Contact In Massachusetts If Someone You Know Has Been Arrested On Drug Possession Charges

War On Drugs Releases 8 Hostages

This month, President Obama commuted the sentences of 8 prisoners convicted of crack-cocaine possession. The unfair and unjust penalties set for possessing crack-cocaine was implemented in the eighties to combat the growing crack epidemic in America's metropolises. The majority of the "War On Drug's" casualties were African-American men who found themselves facing much harsher prison sentences than their Caucasian counterparts caught with a comparable amount of cocaine. The difference between the two drugs? Baking Soda.

Right now, many people of all races are incarcerated for crack-cocaine possession, a crime which is better remedied with treatment rather than punishment.There are many more than the 8 sentences President Obama commuted that are in need of the same action. Our nation's prisons are over capacity due to such lopsided sentencing laws.

If you or someone you know has been arrested, accused, sentenced or incarcerated for drug possession of any kind, contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation. Your freedom depends on it.

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Sunday, December 15, 2013

If You Are Falsely Accused Of A Crime In Massachusetts Don't Say A Word Until You Have Legal Representation

False accusations are nothing to shrug off. Many people naively yet understandably believe that if they are falsely accused of a crime that the truth will set them free. The unfortunate reality is that everyday in America someone is wrongfully accused, convicted, and incarcerated for a crime they did not commit. These people found themselves at the mercy of detectives, prosecutors, and 12 strangers who don't have any reservations about depriving someone of their freedom. The saying may be "innocent until proven guilty," yet it seems like often times it's the other way around.

In the case of homicide, police generally compile a short list of suspects and if your spouse is murdered you can guarantee yourself a spot on that list. If there is one thing cops don't like is murder. Murders are recorded and published which reflects the quality of the job of the police. With that being said it is in their best interest to solve murders and clear the case to keep their numbers down and make the department look like they are keeping the public safe, even if that means pinning it on the wrong person.

Take for instance the story of Michael Morton, whose documentary aired on CNN Sunday Dec. 8. Morton was wrongly convicted and spent nearly 25 years of his life behind bars for murdering his wife, Christine Morton. There was never any physical evidence or a witness that tied him to the crime. In 2011 he was released from prison after DNA evidence exonerated him from the crime. DNA evidence also revealed that Christine Morton's murderer had killed again, resulting in additional victims in Michael Morton's wrongful conviction.

Sadly, this story is not uncommon. If you find yourself in an interrogation room, police will use a variety of tactics to get you to admit to something you didn't do. Again, it's in their best interest to close a case, not to set you free.

What can you do if you are falsely accused? Don't say a word until you have legal representation. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation. Your freedom depends on it.

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Monday, November 25, 2013

Don't Go It Alone When Facing Drug Charges In The Commonwealth Of Massachusetts

Every year, young Black and Latino men are being disproportionately jailed and imprisoned at an alarming rate compared to their Caucasian counterparts guilty of the same offense. The war on drugs has proven to be a catalyst for imprisoning otherwise non violent offenders. As a result, we send drug users to jail in lieu of treatment. We then create a criminal by housing them with violent offenders. In an effort to stay alive, they too must embrace the violent culture within our prison's walls.

Until reform comes, one can expect to face the harsh drug penalties of today. Going it alone is ill advised. When facing drug charges, you will need someone on your side who is aware of the complicated drug laws and how to find alternative solutions, such as rehabilitation and/or probation.

If you or someone you know is facing drug charges, contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation. Your freedom depends on it.

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Friday, November 15, 2013

Who To Call If You Are Facing Shoplifting Charges In The Commonwealth Of Massachusetts

With the holiday season fast approaching we can expect to see a spike in shop lifting throughout America's retail stores. When we hear the term "shoplifting" perhaps we think of a child stealing bubble gum or a candy bar. Maybe teens stealing clothes. Sometimes shoplifting is a result of job loss and trying to feed one's family. No matter the reason, shoplifting is a very serious offense and in most cases one can expect to be arrested and prosecuted.

Retailers beef up security around the holidays knowing that theft is a major cause for concern. Depending on the value of the item, you very well could exceed shoplifting and into larceny. You could then face misdemeanor charges or possible felony charges, again, depending on the item's value.

If you or someone you know is facing shoplifting/larceny charges, contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation.

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/

Monday, October 28, 2013

Social Media Successfully Used To Post Bail

Advancements in technology have rendered some creative and useful techniques when one is charged with a crime. Instead of a phone call, one might opt to use another lifeline of sorts... social media. Social media has transformed the way we receive and give information. A phone call is becoming the formal way of communication. It seems Facebook and Twitter is where the marketplace of ideas and information lie.

Currently, Attorney Paul Moraski is defending a client in which social media was successfully used to post bail. Such a technique is likely to gain popularity due to society's obsession with social media and our need to stay connected. Social Media keeps people up to date with information to the very second. It connects the world, instantly. If you find yourself in a situation and need immediate assistance, social media might be just as effective, if not more, than reaching out and calling someone.

In the past, social media has been known as a potentially damaging tool used against people in criminal cases, divorce and child custody proceedings, even in personal injury lawsuits. A highlight of social media is that it can reach a multitude of people with a single post. This case will certainly set a new precedent for how people use their "one phone call" while detained.

Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you or a loved one has been charged with a crime.

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/

Friday, October 11, 2013

Massachusetts Is A State In Which Many Drug Charges Carry A Minimum Mandatory Jail Sentence

Lately, the consensus regarding the war on drugs has been viewed as a failure by most. From police officers to doctors to attorneys, many agree, this is a losing war. Its casualties are far greater than prior to the war's declaration in the mid eighties. Many would agree it has created a bigger problem rather than a solution.

While policies are failing everyone agrees, people's lives are being ruined. Not just by drugs, but because the penalties brought upon them that are hardly conducive to rehabilitating an individual. Jailing someone for a small amount of a controlled substance for a long time is only going to disenfranchise an individual. Only when sentencing laws are reformed will we begin to correct our flawed system.

Massachusetts is a state in which many drug charges carry a Minimum Mandatory Jail Sentence. A Minimum Mandatory Jail Sentence is just what it sounds like. If you are convicted of a particular crime, a Judge's hands are tied when it comes to reducing the jail sentence or giving you probation instead. This is why it is imperative that you consult with an attorney experienced in circumventing Minimum Mandatory Jail Sentences.

Attorney Moraski is well versed in negotiating with prosecutors to get the particular charge that carries the Minimum Mandatory Sentence dropped. He also has practical knowledge in convincing a Judge or jury that the charge that carries the Minimum Mandatory Jail Sentence does not apply in this case.

In order to avoid the severe consequences of a Minimum Mandatory Sentence, contact Massachusetts Drug Defense Attorney Paul R. Moraski at (978) 744-1200 immediately.

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Friday, September 27, 2013

The Jeffrey Deskovic Foundation for Justice

The justice system is said to have a blind eye. Unfortunately, that blindness can also lead to a false arrest, conviction, and imprisonment. Regrettably for Jeffrey Deskovic, of Peekskill, NY, that is exactly what happened.

Imagine the horror you would feel once the cuffs were placed around your wrists, you're read your rights and then tossed in the back of a squad car. In your mind you're thinking, "I didn't do anything, they have to let me go." The reality is you matched a description and until someone who matches it better comes along, you're their guy.

In the case of Jeffrey Deskovic, he was arrested and convicted on false charges of rape and murder due to a botched investigation. That was in 1989. For the next 16 years he would be incarcerated. An innocent man. It wasn't until 2006 when he was finally exonerated as a result of DNA testing.

The City of Peekskill ultimately awarded Deskovic more than 5 million dollars for his troubles. However, that award did not come with an apology. That could have been an opportunity for all personnel involved to own up to the mistake and set the record straight that injustice won't be tolerated. As it stands, the City foot the bill for the money awarded, but the police and prosecutors still remain mum on the huge faux pas. Deskovic has since used $1.5 million of his compensation funds to establish The Jeffrey Deskovic Foundation for Justice, a non-profit working to exonerate the innocent and raise public awareness about wrongful convictions.

If you are facing criminal charges and are thinking to yourself, "I'm innocent, I have nothing to worry about." --Think again. Prosecutors and police love closing cases. It keeps there numbers in the black and it shows citizens that crime isn't going unpunished. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you or a loved on has been charged with a crime.

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Wednesday, September 18, 2013

What To Do In Massachusetts If You Are Wrongly Accused Of Assault

Being accused of assault is a very serious allegation. There are degrees of assault which can easily be increased at the insistence of the prosecution. Often times, the mere suggestion of assault is grounds for arrest.

For example, in Northampton Prosecutors have dropped the remaining charges against two homeless people whom had been accused of wrapping a jump rope around a 9-year-old girl's neck and then tying the other end to a tree. For more than a year the two people were facing very serious charges (attempted murder, kidnapping of a child, assault and battery with a dangerous weapon, and two counts of assault and battery) and were placed on house arrest based on a little girl's version of the truth.

A year ago all but two counts of assault and battery were dropped. The Prosecution still planned on going through with the prosecution until this past Thursday. Ultimately, the prosecution was forced to drop all sought charges when it was revealed there was no DNA evidence linking the pair with the incident.

There are a lot of people out there who fabricate stories for one reason or another. Their testimony could decide you or your loved one's fate. Whether you are wrongly accused of or have been involved in an assault, know that the prosecution will do anything and everything to see to it you are punished by the fullest extent of the law. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you or a loved on has been charged with assault.

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/

Saturday, August 17, 2013

Do I Need A Lawyer If A Restraining Order Is Taken Out Against Me?

Can a Restraining Order Be Taken Out Against Me in My Absence?

A Restraining Order can be taken out ex parte, which means that the person who is requesting the order goes to court, applies to the judge without the other person being there and the judge, if satisfied, will grant a temporary order. The person against whom the order is made isn't usually deemed to be bound by the order until it's brought to their attention, usually by way of a process server or police officer.

Can I Reply?

You will have the opportunity to respond. This will give you chance to give your version of the story. During this time, a lawyer is not required but it is absolutely recommended -- especially if children are involved. Otherwise custody and visitation rights can be interfered with.

What Recourse is Available When the Person Who Asked For the Restraining Order is Lying?

In practical terms, almost none if you go it alone. You are entitled to a hearing where the evidence will probably be your word against his or hers. In the vast majority of cases, the judge will err on the side of caution and approve the order, unless you can show some specific reason why this would cause you unreasonable harm, which only a competent attorney can do.

Despite its intended function, many times Restraining Orders are used for litigation purposes in child custody hearings, divorce proceedings, and for one's own personal gain. Once you are in violation of a Restraining Order you risk jail time, harsh penalties, and a criminal record. For more information specific to your situation, contact Massachusetts Restraining Order Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation.

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/


Friday, August 16, 2013

How Much Are OUI Fines In Massachusetts?

In the state of Massachusetts it is illegal to drive with a blood alcohol concentration (BAC) of .08 percent or above. This limit is lower for drivers under the age of 21 and drivers of commercial vehicles. The .08 percentage limit for adults is the standard measurement of the "impaired" driver across the United States.

In Massachusetts, a DUI is called an OUI, or "Operating Under the Influence". Massachusetts also has what is known as "Melanie's Law." This law was enacted in 2005 and increases the penalties to the drunk driving convictions in Massachusetts. Below is a comprehensive list of one can expect when facing OUI/DUI in Massachusetts.

First Drunk Driving Conviction
Jail - Up to 30 Months
Fine - From $500 to $5,000
Fine - $250 Assessment
Fine - $50 DUI Victim Trust Fund
License Suspension - 1 Year
Court Assigned Treatment Program

Second Drunk Driving Conviction
Jail - From 30 Days to 30 Months
Fine - From $600 to $10,000
License Suspension - 2 Years
Hardship License - Eligible after 1 Year
Ignition Interlock Device Required

Third Drunk Driving Conviction
Jail - From 150 Days to 5 Years
Fine - From $1,000 to $15,000
License Suspension - 8 Years
Hardship License - Eligible after 2 Years
Ignition Interlock Device Required

Fourth Drunk Driving Conviction
Jail - From 1 to 5 Years
Fine - From $1,500 to $25,000
License Suspension - 10 Years
Hardship License - Eligible after 5 Years
Ignition Interlock Device Required

Fifth Drunk Driving Conviction
Jail - From 2 to 5 Years
Fine - From $2,000 to $50,000
License Suspension - Permanent

The steep fines paired with jail time are why it's imperative that an experienced attorney is involved when faced with this matter. If you find yourself on the receiving end of a DUI/OUI Charge in Massachusetts, 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
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/

Thursday, July 25, 2013

Identity Theft Attorney In Massachusetts

Identity theft is at an all time high. While measures to combat it are constantly improving, so are the methods to fabricating false ID's. Today's printers can print with amazing clarity, from a remote location, inexpensively. Other ways to assume someone else's ID have sprung up in the modern tech age as well. For example, you could sign up for Netflix using someone else's information. Guess what? ID theft. And it's a very serious offense to defraud a business or a private citizen. Falsifying documents regarding your identity for the purpose of monetary gain is almost guaranteed jail time.

Massachusetts law clearly defines what may constitute an identity fraud crime. If, with intent to defraud, you use or possess another individual's personal identifying information (PII) without his authorization for the purposes of obtaining anything valuable, you may be found guilty of identity crime. Additionally, the law also states that you may be found guilty of identity crime if you possess a person's PII for the purposes of harassing him or her.

If you violate this law, you may face a maximum prison sentence of up to two and a half years and/or a $5,000 fine. Massachusetts law states that law enforcement officials do not need a warrant to arrest you for identity crime if there is sufficient probable cause indicating that you may be an identity theft offender.

With all said possibilities looming when facing such accusations, it would behoove you to have a talented and competent Identity Theft Attorney on your side. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for an advocate of your rights.

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/


Massachusetts Armed Robbery Attorney

Armed Robbery is a very serious offense, that if you are convicted, carries with it a minimum of guaranteed jail time to a maximum of life in prison. How the law defines "armed" may surprise you.

When police question witnesses, they do so in a structured fashion that almost becomes suggestive. The fact is, they take dozens of witness statements and in the end they all begin to sound the same. What's more, in an effort to expedite the process and close the case, they may suggest that the alleged perpetrator had a weapon when in fact he didn't. Often times, the witness is so shaken up from the ordeal that the suggestion of a weapon from either the alleged criminal or the police officer both become reality--in the eyes of the law.

If you or someone you know is facing an armed robbery charge in the state of Massachusetts, do not underestimate the seriousness of what you are facing. Without competent counsel, the state could send you to prison as a result of a witness' version of the facts. This hardly sounds like "due process," but it is the unfortunate reality of the criminal courts.

The state will take advantage where they feel they can. Even the mere verbal suggestion of having a weapon in a robbery can be defined as armed robbery. Don't underestimate what lies ahead. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for an advocate of your legal rights.

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
Email: attorneymoraski@yahoo.com
Websites:

Saturday, June 29, 2013

Salinas v. Texas Sets A Dangerous Precedent

The Supreme Court set a dangerous precedent in a ruling on June 17; you have the right to remain silent...at your own risk. Dissidents of the ruling believe that this will promote the type of high-pressure questioning that can induce false confessions.

Salinas v. Texas: Two brothers were shot at their home in Houston, Texas. There were no witnesses and shotgun shell casings left at the scene. The night before the shooting, Genovevo Salinas attended a party at the house. Police spoke to Salinas at the station. They did not arrest him or read him his Miranda rights. Salinas talked to police for an hour, during that time Salinas agreed to give the police his shotgun for testing. When the officers asked Salinas whether the gun would match the shells from the scene of the murder, Salinas stopped talking.

Salinas did not testify at trial, however prosecutors did report his uncomfortable reaction when asked about his shotgun. Salinas argued that his Fifth Amendments rights were violated because he remained silent. In the past, the Supreme Court established that prosecutors weren't able to bring up a defendant's refusal to answer the state's questions. However, Justice Samuel Alito declared that Salinas was "free to leave" and Salinas did not invoke his right to remain silent during questioning. Simply being silent was not enough. Without a lawyer present and without being Mirandized, how would a defendant know to invoke their rights? The court's recent ruling in Salinas v. Texas is dangerous because it can illicit false confessions during informal questioning, whether intentionally or not.

If you have been informally called in to answer a questions by police or have been arrested, do not speak to police without a knowledgeable attorney present. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for an advocate of your rights.

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/

What Is A White Collar Crime?

Have you or someone you know been accused of a White Collar Crime? What exactly is a White Collar Crime and what makes it different from other crimes?

White Collar Crimes are a financially motivated nonviolent crimes committed for monetary gain. When we hear this we may think that it's limited to hedge fund managers ands financiers who tried to embezzle and defraud billions. While yes, those are types of white collar crimes, White Collar Crimes aren't simply limited to such a grand scale.

If you filed a false insurance claim you could be facing such charges. Anytime you make an attempt to defraud a business, you are engaging in a White Collar Crime and are subject to the fullest extent of punishment allowed by law. Perhaps you know someone who has defrauded the government out of food stamps, unemployment benefits, taxes. All of these crimes can be committed by anyone.

Often times, people who would otherwise do the right thing find themselves committing White Collar Crimes unknowingly. Make no mistake about it, District Attorneys will pursue white collar criminals with the same vengeance as other crimes. Many times making an example of the defendant to discourage future indiscretions.

If you or someone you know has been accused of a White Collar Crime, don't underestimate what you're up against. The notion that a non violent crime will be remedied with a slap on the wrist is false. Contact Massachusetts White Collar Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 if you have been charged with a White Collar Crime. Your career and freedom may depend on it!

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Friday, May 24, 2013

New Information On Melanie's Law In Massachusetts

About a year ago, the state Senate voted unanimously to close a perceived loophole in Melanie's Law, the measure intended to crack down on repeat drunk drivers.

A recent Supreme Judicial Court decision said the Registry of Motor Vehicles could not count cases that are "continued without a finding" as convictions in determining what sanctions to bring against repeat drunk drivers. Drivers who acknowledge that they were driving drunk can sometimes have their cases continued without a finding, which means that a judge will suspend their case for a period of time and, if they don't get into further trouble, the charges will be dropped.

This is no longer the case. The State has implemented harsh new restrictions on those who prove to be "repeat offenders." DUI, DWI, and OUI are very serious offenses and if you have more than one, expect to be dealt with in a much stricter fashion than a year ago.
That is why it is imperative to have competent legal counsel who understands DUI laws in the State of Massachusetts. These laws are ever-evolving and simple little changes like the revision in Melanie's law can drastically affect your future. No longer will a judge continue without a finding for a repeat offender. One can expect to face stiffer penalties and jail time in comparison to a first time offender.

If you or someone you know has been arrested for DUI, DWI, or OUI in the state of Massachusetts, don't delay, contact contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200. Only a DUI attorney who understands the complicated process can guide you through this unfortunate time.


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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Tuesday, April 30, 2013

What To Do If You Are Accused Of Theft By Your Employer

Have you or someone you know been accused of theft by an employer? This can be a very serious charge. If convicted, one can expect fines, restitution, loss of employment, or jail time. If the charges are serious enough, one can expect to experience all of the above.

The first thing you should do if confronted by your employer with accusations of theft is to stay quiet. Speak to no one, whether it be a manager, supervisor, or the police. Keep quiet until you retain a lawyer.

The difference between going it alone and having legal counsel can mean the difference of you doing hard time-- or paying a mere fine. If an employer accuses an employee of theft, they are subject to the same due-process that you and I are. In others, they too have to "prove it." If you were falsely accused, don't trust that the legal system will uncover the truth. Without legal representation, the burden of proof now lies on you!

They say "a person is innocent until proven guilty in a court of law." This is a half truth. In order to balance the scales of justice, one must be accompanied by a guide who knows the treacherous terrains they refer to as the "legal system."

To ensure your legal rights are protected, call us today for an evaluation of your case. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 if you have been charged with theft in the work place. Your career and freedom may depend on it!

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Does The Fourth Amendment Allow States To Collect DNA From People Arrested, But Not Convicted?

There is a general understanding that when someone is convicted of a serious crime a DNA sample is taken and placed in the National DNA database for use by law enforcement. It is lesser known that police in many states retrieve DNA samples from people who have only been arrested and not convicted of a crime.

The question at hand is: does the Fourth Amendment allow states to collect and analyze DNA from people arrested, but not convicted, of a serious crime?

The practice of collecting DNA samples from arrestees has been brought to the Supreme Court's attention as a result of a Maryland statute. The case involved a DNA sample taken from Alonzo Jay King, Jr. in 2009 after he was arrested. His DNA sample taken matched a sample from an unrelated and unsolved 2003 rape case. King was then convicted of the 2003 rape, in spite of his argument that the collection of his DNA was an unlawful search.

There is a general consensus that a person who has been arrested has a greater right to privacy than someone who has been convicted. Opponents of taking DNA samples from arrestees say that it is a bodily intrusion and should require a search warrant. Advocates argue that there is nothing in one's DNA that discloses anything private. Civil liberty advocates and opponents of the practice both agree that the act of collecting DNA before a conviction increases the risk that errors could occur. In addition to DNA already being susceptible to mislabeling, contamination, and fraud.

It will be up to the Court to find the balance between a person's right to privacy and the needs of law enforcement. This ruling will likely set a new precedence for our country. 

Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 if you have been arrested for, or are under investigation of a criminal matter.

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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Tuesday, March 26, 2013

Massachusetts' Social Host Liability Law

A Social Host is a term for someone who furnishes alcohol to another person as an act of hospitality, and who also permits alcohol to be consumed on the property that the host either controls or owns. Social Host Liability means that host may be held liable for injuries suffered by their guests and third parties who are harmed by alcohol served to them as an act of social courtesy. The mere provision of alcohol to underage individuals is a criminal violation.

One Massachusetts mother has been accused of providing alcohol to minors and keeping a disorderly house. During a New Year's Eve party, numerous 17 to 19 year olds were found drinking and smoking marijuana by local police. A report was made to local police that an unconscious male was at the party. After the male was revived the homeowner stated that she had thrown the party for her daughter, age 17. Many of the teens fled but the several remaining were each served with a summons to appear on charges of minor in possession, including the homeowners daughter. The homeowner is currently facing fines and jail time.

Under Massachusetts' social host liability law, a person who provides alcohol or allows it to be consumed by anyone under the age of 21 can face consequences of a $2000 fine and/or imprisonment of up to a year; you could also be found civilly liable. These consequences become much more steep if one's guest leaves the social event and injures or kills someone.

Additionally, a conviction under this statute can have serious consequences resulting in a criminal record or employment issues. The penalties for violating the Social Host Law can be severe and a person facing these penalties needs to employ an attorney with an extensive understanding of the Social Host Law so they may be presented with the best defense possible. If you have been charged with a Social Host violation, immediately contact Massachusetts Criminal Defense 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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/

There Are Three Categories Of Sex Offenders In Massachusetts

There are three categories of sex offenders in Massachusetts and it is the Sex Offender Registry Board (SORB) who determines the levels. The SORB is a panel that assigns one of three categories to people who have committed a sex crime. The three categories range from lesser offenses to people who have been convicted of sexually violent crimes or multiple counts. This panel also deals with appeals.

One of the three categories is a Level 1 offender. Level 1 is considered to have a low risk of reoffense and is not considered a danger to the public. Level 1 offender information is not available to the public and police are not allowed to distribute information to the public.

A Level 2 sex offender is considered to have a moderate risk of reoffense and dangerousness. The public has access to a level two sex offender's information through the Sex Offender Registry Board as well as through the local police department.

Level 3 sex offenders are deemed to have a high risk of reoffense in addition to a high degree of dangerousness. Fliers are distributed to the public regarding level 3 offenders. Their information is also available to the public at the local police station and SORB.

Every three years there is an opportunity for a registered sex offender to lower their classification level. The SORB acknowledges that the threat of offense and level of dangerousness changes over time. It is imperative that you have an attorney experienced in these types of hearings, whether you are attempting to lower your level or have received information that the SORB is raising your level.

Going in front of the SORB is one of the most important moments of your life. Depending on your classification, you may be subjected to public dissemination of your criminal history and personal information or not. The difference is having a skilled attorney on your side advocating for you. Each case requires a highly specialized and aggressive defense and not every attorney is knowledgable in this field. Experience is everything!

When dealing with Sex Offender Registry Board matters, contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 for a thorough investigation and defense of your case.


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
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/

Wednesday, February 27, 2013

The State Of Massachusetts Proposes A New Child Predator Law

If a bill introduced to the Senate this week is passed it will allow the seizure of property of those convicted of possession, production, distribution, publication, or the sale of child pornography. The bill also allows seizure of property for any child enticement charges. Massachusetts is proposing this bill in the wake off 22 other states who currently have it. Presently, Massachusetts law allows for the seizure of assets by those convicted of drug offenses, such as drug trafficking charges and drug distribution charges, but not child pornography.

Middlesex County Sheriff Peter Koutoujian and State Senator Barry Finegold are hoping to direct any revenue accumulated from the asset seizure towards the already underfunded computer crime investigations and the prosecution. Money collected from seizure will also go towards victim services and digital literacy education programs for families.

If this bill is similar to the Massachusetts drug forfeiture law, it will likely allow the prosecution to seize electronic equipment, vehicles, real estate, money, and more. The intention of this act, other than to fund the cyber sex crimes unit, would be to act as a deterrent, as well as to remove the tools by which illegal activities are conducted.

Before property can be seized, the convicted defendant would likely be served with a complaint for forfeiture. While it is ultimately the judge who makes the decision, there will be an opportunity to defend the action.

To ensure your legal rights are protected during the development of this bill, contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 if you have been charged with any child sex crime.


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
Email: attorneymoraski@yahoo.com

Monday, February 25, 2013

An Outstanding Warrant Has No Statute Of Limitations

Having an outstanding arrest warrant can prevent you from living your life. The perpetual fear of arrest looming overhead can be debilitating. With the advancement of technology, warrants are increasingly difficult to evade. You risk being detained anytime. Just a simple traffic infraction could land you in jail.

Furthermore, your outstanding warrant will not disappear with time, there is no statute of limitations. You will be compounding the ill effects of your outstanding warrant by simply ignoring it. Burying your head in the sand only puts you at risk for additional charges, fines, and jail time.

Three of the most common types of warrants in Massachusetts are: default, straight, and arrest warrants. Default warrants are issued when one fails to appear in court. When you fail to appear in Court on your scheduled Court date, most of the time the Court will issue a hold for Court warrant as well. This means that when law enforcement officers eventually catch up with you, the bail commissioner will not be able to set a bail. You will be held until you can appear before the Court, typically at the Court’s next sitting. So, if you are picked up on a hold for Court warrant on Friday night, you will not go in front of the Court until Monday, and maybe even not until Tuesday, if it is a holiday weekend. Straight warrants are typically issued as a result of a criminal complaint or indictment. With a straight warrant a police officer might not arrest you when you are charged with a misdemeanor charge, but will take down your information and let you know that you should expect to see a Criminal Summons in the mail. A lot of times it can take weeks or even months to process the Criminal Summons (depending on how busy the particular Court Jurisdiction), and someone may end up moving or having a different mailing address, and the Criminal Summons, does not catch up with the person. Many times the Court will issue a hold for Court warrant when an individual does not show up at his or her Summons Arraignment. Another type of warrant is an arrest warrant. An arrest warrant is signed off on by a Judge or Magistrate, where they believe that Probable Cause exists that a person committed a crime. An arrest warrant will give law enforcement officers the ability to arrest you on sight.

Avoiding a warrant of any nature is a good idea. The problem can be compounded when you are picked up on a warrant out of state. It might take weeks or even months to transport you back to the state the warrant originated out of, and you most likely will not get any jail credit for the time you are incarcerated in the other state. Also, warrants typically affect one’s ability to get a driver’s license, business license and/or professional license. It is not uncommon for someone to have a warrant out of Massachusetts, for something that happened years ago, and for that warrant to finally catch up with that person ten (10) years later in California. Nowadays, computer technology has allowed the Registry of Motor Vehicles (RMV) to communicate with the Department of Motor Vehicles (DMV) in other states about outstanding warrants. This means that the California DMV will not give you a new California Driver’s License, when you go to renew your Driver’s License because of a misdemeanor arrest warrant that you have in Massachusetts that dates back over ten (10) years. Even though you possessed a California Driver’s License for that last five (5) years and you no longer live in Massachusetts.

By enlisting the help of a criminal defense attorney experienced in dealing with outstanding warrants you can move on with your life. If you are aware that you have an outstanding warrant, the wisest thing you can do is to address it before you are arrested. Almost always the wisest thing to do is to turn yourself in on the warrant and walk in there with your attorney. Turning yourself in, with your attorney present is a lot better than to be brought in by law enforcement officers, and show the Court that you may be a flight risk. With adequate legal assistance, your outstanding warrant can be put behind you.

You have legal options to combat your warrant before it spirals out of control. Attorney Paul Moraski assists those with outstanding warrants in Massachusetts as well as throughout the country. If you have an outstanding warrant in a criminal matter, please contact Massachusetts Criminal Defense 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
Email: attorneymoraski@yahoo.com

Tuesday, January 22, 2013

The Flaws Of Eyewitness Identification

People often treat eyewitness identifications as if they are cold hard facts. Unfortunately, as humans our minds can often fail us when recounting visual perception. Eyewitness misidentification is an all too common factor in wrongful convictions that were eventually overturned by DNA evidence.

A few reasons why mistaken identity occurs is because of bad lighting, the view was from a long distance away, or possibly the witness only caught a brief glimpse of the culprit. Other reasons include the fact that our memories are flawed. Our brain can't remember a face as accurately as it does when it's actually viewing it. Our memories are able to be manipulated, we can replace missing information with things we see on TV, read in the news, hear from police officers, or other memories can factor in. Additionally, our brain often distorts sizes and colors. Colors may be remembered as darker or brighter, large sizes are remembered smaller, etc.

Other reasons for mistaken identity fall on the procedures used during photo identifications or lineups. During a photo I.D., the eyewitness may not be told that the suspect's photo is not among the choices. Since they assume the suspect's photo is among the choices and they point out the person who's face is most similar to the one in their memory. In a photo I.D., if the "distractors" and the suspect's photos differ from one another, a person can be more inclined to pick the photo that stands out to them. Contributing factors are lighting, contrast, background, where the face is in relation to the frame, etc.

With lineups, people will often choose the same person they chose in the photo I.D. for the sake of consistency, even when the photo chosen is incorrect. Other times, if the person conducting the lineup knows who the offender is among the choices, they can inadvertently or intentionally signal to the eyewitness whom to choose.

The InnocenceProject.org lists several policies that should be adopted to implement reform in our justice system.
  • Blind administration: Research and experience have shown that the risk of misidentification is sharply reduced if the police officer administering a photo or live lineup is not aware of who the suspect is. 
  • Lineup composition: "Fillers" (the non-suspects included in a lineup) should resemble the eyewitness' description of the perpetrator. The suspect should not stand out (for example, he should not be the only member of his race in the lineup, or the only one with facial hair). Eyewitnesses should not view multiple lineups with the same suspect. 
  • Instructions: The person viewing a lineup should be told that the perpetrator may not be in the lineup and that the investigation will continue regardless of the lineup result. They should also be told not to look to the administrator for guidance. 
  • Confidence statements: Immediately following the lineup procedure, the eyewitness should provide a statement, in his own words, articulating his level of confidence in the identification 
  • Recording: Identification procedures should be videotaped whenever possible - this protects innocent suspects from any misconduct by the lineup administrator, and it helps the prosecution by showing a jury that the procedure was legitimate. 
Even with technological advancements, oftentimes eyewitness identification is still flawed, so if you have been identified as the perpetrator in a criminal matter please contact Massachusetts Criminal Defense 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
Email: attorneymoraski@yahoo.com

The Benefits Of A Polygraph Test

A polygraph is an instrument that is designed to measure changes in physiological reactions, such as blood pressure, pulse, and the rate of sweating or breathing. The use of this machine is controversial. Even though they are not admissible in Massachusetts court rooms, this does not mean that the polygraph machine does not serve other purposes for Law Enforcement Officers and Criminal Defense Attorneys.

Although these test results are not 100 percent conclusive, there are occasions when it can be beneficial to submit to a test:
  • The passing of a private polygraph test could force the Prosecution to take a closer look at their case. This could result in a plea bargain, a sentencing agreement, or dismissal of a charge or charges. 
  • In some circumstances, the passing of a polygraph could result in the Prosecution cooperating with the Defendant while seeking out a criminal case against other individuals. 
  • Oftentimes, there are multiple Co-Defendants in a case and Prosecutors are unsure whether a particular Co-Defendant had any culpability in committing the alleged crime and therefore the Co-Defendant gets charged with a crime out of caution. However, a successful polygraph test may make the Prosecution focus their efforts elsewhere. 
  • In the instance where a juvenile is facing expulsion from school for a matter that occurred on school property, often times the only witnesses are other minors. You may carry some leeway in the eyes of the school board in preventing the expulsion if the polygraph results are favorable to your child. 
Please understand that the above-referenced examples are just a few examples of when taking a polygraph test may help a suspect’s situation. The decision to take a polygraph test is made on an individual basis and you should consult an experienced Criminal Defense Attorney before ever making such a decision.

While there are a great deal of myths surrounding ways to cheat a test, such as taking drugs to reduce blood pressure or anxiety, applying antiperspirant all over one's body, controlling breathing, etc. These tactics are detectable to a trained polygraph examiner and you may hurt your case by attempting to defraud the justice system. Additionally, even when an accused is absolutely positive that he or she is innocent of a crime, oftentimes Experienced Criminal Defense Attorneys counsel against taking a polygraph. There are numerous reasons why an innocent person may fail a polygraph test.

Never submit to a police administered, or any, polygraph test before consulting with an Experienced Criminal Defense Attorney. While the actual test results are not admissible in court, your answers to questions are. Even if you "pass" the test, there is always a risk of your answers being taken out of context and used against you. If you are facing criminal charges and have been asked to take a polygraph, immediately contact Massachusetts Criminal Defense 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
Email: attorneymoraski@yahoo.comWebsites:
http://www.northofbostonlaw.com/

http://www.massdefense.com/
http://www.massdrugdefense.com/