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.


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/