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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.


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//