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, 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//