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, December 15, 2014

The Holiday Season Can Be a Dangerous Time of Year for Drivers and Pedestrians.

More than 700 people nationally are expected to be injured or killed each DAY between Thanksgiving and New Year’s Day in drunken driving crashes, a rate two to three times higher than the rest of the year, according to the centers of Disease Control and Prevention.

In many cases most of the deaths resulted from avoidable mistakes: running a red light, failing to wear a seat belt, speeding, drinking, or walking outside of crosswalks.

Regardless of whom is at fault in these holiday season catastrophes you need the best representation possible if you are accused in one of these types of accidents.  It can literally be the difference between freedom and incarceration in 2015 and beyond.

You may rely on the Law Office of Paul R. Moraski for aggressive representation against any criminal charge of which you may be accused.  This is already a stressful and difficult time.  Put your trust in Paul Moraski and give him a call at (978) 397-0011 to handle your case anywhere in the Commonwealth of Massachusetts.

What is Your Current Opinion on the Subject of Police Brutality?

There has been a great deal of controversy lately and you might begin to believe that we are living in a society ruled by a heartless group of law enforcers.  Because we are an expanding and divergent society these problems come to the forefront with an increase in population and our 24 hour access to information.

There will always be a need for law enforcement, but not brutality.  Sometimes there is a fine line between the two.  In larger urban areas such as Boston there is a melting pot of diverse races, creeds, and colors.  Regardless of how each member of society believes in the way the law is enforced there will be certain guidelines that MUST be followed to ensure order.

Interpretation of the way law enforcement is handled is the job of the courts.  You absolutely need the best possible representation in a court of law now more than ever.  Your case may be examined in a variety of ways and only the very best attorney can advise you on how it should be properly handled.

For the very best criminal legal representation in the Commonwealth of Massachusetts contact the law office of Paul R. Moraski at (978) 744-1200.  Your future freedom is too important to leave to chance.

Wednesday, November 19, 2014

Violating Probation

In Massachusetts, if you are put on Probation, the Court will make you sign a contract outlining the terms and conditions of your Probationary Period. Examples may include counseling, anger management, Batterer’s Program, reporting to a Probation Officer, paying court fees, and remaining drug and alcohol free, with random screenings.

While you are on Probation you will have to abstain from picking up any new criminal charges. If you do pickup new criminal charges, your Probation Officer will almost assuredly serve you with a Violation Notice of your Probation. Once you are served with a Violation Notice, you will subsequently have an Initial Probation Hearing.

At the Initial Probation Hearing, your Probation Officer will decide whether or not to ask for the Judge to find Probable Cause that you committed a new criminal offense and whether to detain you or not. An experienced Criminal Defense Attorney can usually negotiate with the Probation Officer and maybe change his or her mind about asking for the initial detention period and thereby saving you up to 30 days of incarceration.

Even if the Probation Officer wants to detain you pending a Final Surrender Hearing, your Attorney can persuade the Judge hearing the case that detention is not appropriate and have you released until your Final Surrender Hearing.

Monday, November 10, 2014

Don't Go Stag!


Thinking of representing yourself in court? It is your right... However, it is our pleasure. If you aren't familiar with the ins and outs of the law, that is ever-changing, then it's not unlike kayaking down Niagara Falls for the first time, alone, with no experience. You will likely be usurped by a wall of white water. As would be the likely outcome of representing yourself in a court of law if you don't have experience. The Prosecutors would likely devour you for sport.
That's why Attorney Paul Moraski defends his clients so vigorously. You shouldn't be regarded as a case number, but a human being with inalienable rights. You need someone on your side who not only knows the law, but knows you. Whether you are facing DUI/OUI or first degree murder, Attorney Moraski is prepared with the skill and knowledge to handle your case. Call us today for a consultation. Preserving your future is our goal.

Tuesday, October 28, 2014

Outstanding Warrants Can Greatly Inhibit Your Everyday Life



The long arm of the law isn't just an expression. It's a reality that people find themselves in the grip of, daily. Literally and figuratively.


Say you have an outstanding warrant for something as small as failing to appear in court for a small traffic violation. Now, you have a warrant out for your arrest. Is the SWAT team going to come bursting through your window like the Kool-Aid Man to bring you to justice? Unlikely, (unless you have a felony warrant.)

What is likely is that you are going out to dinner or picking a friend up from the airport when you are pulled over by a cop for a small violation. When they run you through the database for wants and warrants and your name comes up, you will be arrested and booked. Your friend will have to get a ride and your dinner will get cold. If it's Friday, you'll likely spend the weekend in jail until Monday morning. Suddenly things just got very serious. Your first order of business is to remain silent and call us. Attorney Paul Moraski has a deeply knowledgeable understanding of all aspects of criminal law. 

An outstanding warrant can inhibit your ability to do just about anything, not to mention the psychological burden it causes whenever you see a police officer.
Don't live on the lam. Free your mind of having to look over your shoulder or having to squirm whenever you hear a siren. Attorney Paul Moraski is standing by, ready to listen to your side, and fight for you.

Monday, October 13, 2014

A Misdemeanor is No Small Charge

Any brush with the law can leave lasting effects. Often times we think a petty charge or a misdemeanor are easily beaten. Maybe a slap on the wrist, a fine and a stern talking to. That isn't always the case. In fact, that isn't usually the case.
Though most misdemeanors won't involve jail time, they are no less stigmatic on your record. Whether you are trying to procure employment, residence, credit, etc. The lasting repercussions can be like an untreated wound.
Even in the case of misdemeanors, having an aggressive attorney who is willing to go the distance and fight for you could be the determining factor in the preservation of your reputation. Should employers, landlords, creditors, et al, see a misdemeanor charge on your application or resumé, rest assure they won't ask about what happened because they've already heard enough.
Don't be stigmatized by a mistake and certainly don't underestimate the power of a misdemeanor charge. Call us today for a consultation. (978) 744-1200.

Wednesday, September 17, 2014

Mistakes Happen... At Your Expense.

Mistakes Happen... At Your Expense.


If you have been convicted of a crime and sentenced, what are your options? Do you simply accept your fate as the jury sees it or do you appeal to a higher court. If you've hired us, then the latter is the answer.

"To err is human..." also exists in the confines of a courtroom. Many cases from the time of arrest to sentencing can be fraught with human error. That's why we appeal.
A higher court can uncover the misgivings of the lower court. It can review and correct mistakes that were made. Mistakes that cost you your freedom. Something as simple as a mishandling of evidence to something even more underhanded; tampering with evidence by Prosecutors and or Police. While we don't want to think that there is corruption in our justice system, we would be remiss if we didn't acknowledge the startling number of incarcerations our country boasts compared to other nations. Are we more criminally inclined or are we more inclined to label someone a criminal?
If you have been convicted of a crime in The State of Massachusetts and you wish to appeal, Attorney Paul Moraski is ready to take your call.

Monday, September 8, 2014

Why Go To Trial?

Often times, the Prosecutor, D.A, Judge, and all persons involved, want to expedite a criminal case by offering up a plea deal. We've all seen it on any given TV law drama, but we all ask the same thing... If they are so adamant about their innocence, why not go to trial?


If only it were that simple. Often times, along with the Prosecutor, D.A, Judge and Police, even a Defense Attorney will want to strike a deal.


If a plea bargain is what you want, so be it. We can accommodate that. If an aggressive trial attorney who is willing to fight for you in a court of law is what you want, you needn't look beyond. We aren't afraid to go to trial. We welcome it. Attorney Paul Moraski will familiarize himself and his staff with every fine detail of your case. Available 24/7, Attorney Moraski is thorough and steadfast and will not rest until justice is on your side.


Don't let the State, Prosecutors, D.A., Police or even your attorney decide your fate without your input. Call us today for a team that is willing to go the distance to fight for you.

Saturday, August 30, 2014

Facing The Criminal Justice System's Imbalances



If you or someone you know is facing the criminal justice system as an adult or youth, the best way they can be protected from criminal charges is to hire a skilled criminal lawyer.
Our knowledge and expertise in the courtroom will galvanize your defense and give you a fighting chance in an otherwise unforgiving justice system . Whether it is a drug offense such as drug possession or drug trafficking, to violent crimes, our competent criminal lawyers are available to speak to you and offer legal counsel.


All too often we hear about the need for sentence reform in our country. While there is much talk, there is little action. We still imprison a startling majority of the world's prison population when we make up such a small minority of the world's overall population. We are here to tilt the scales of justice and help to correct the imbalance.


The Law Offices of Paul R. Moraski have been and continue to successfully and skillfully defend those individuals that have been criminally charged in The State of Massachusetts. You needn't face the criminal justice system alone. Our attorneys will fight to ensure that all of your rights are preserved. Call us today for a consultation: (978) 744-1200

Wednesday, May 21, 2014

A Competent Attorney Who Understands The Intricate Massachusetts Drug Laws

Drug possession is a serious charge that can create a ripple effect that haunts you for a lifetime. Whether trying to gain employment, housing and or financing, a drug charge can undo all of those possibilities making life extremely difficult.

If you are facing drug charges in the State of Massachusetts there are a few things you should know...

In Massachusetts, a conviction for any drug charge, even "simple" possession, will automatically result in a 1 year loss of your driver's license, and potentially jail time. The collateral effects of a drug conviction are far reaching, as it will automatically bar you from ever obtaining certain licenses. For example, you can never obtain a Massachusetts liquor license to own a bar or restaurant, and you can forget about owning a gun.

Those are startling realities. Facing it alone will guarantee that all previously mentioned scenarios will come to fruition. The State does not go lightly on drug offenders. If it is your first offense, you will still need a competent attorney who understands the intricate Massachusetts drug laws. If you are convicted of a first offense, having no other drug-related convictions or felonies on your record, for possession of more than one ounce of marijuana, or for possession of a class E substance,( say, more than an ounce of marijuana) you are entitled to probation (no jail time). That’s the best scenario you can expect going it alone. We will fight to reduce if not eliminate the charges altogether. Your future shouldn’t go down the drain because of a couple of mistakes made.

Monday, April 28, 2014

What Should I Do If Falsely Accused of a crime in Massachusetts




False Accusations can be very serious. If you are falsely accused of a crime, don’t rely on the adage: “The truth shall set you free”. That isn’t always the case. Especially when it comes to the justice system. It’s not a matter of telling the truth, it’s a matter of people who don’t know you and are making a decision purely based on the accusations. You’re already in the hole with credibility if you are accused. Innocent until proven guilty would be true if the burden of proof didn’t lie with the accused. They say it doesn’t, but reality begs to differ.

If you or someone you know has been falsely accused, don’t think for a second the truth will rise to the top and you’ll be exonerated. Countless innocent men and women sit in prison right now who had the same thought.

What Should I Do If Falsely Accused?

In the case of being falsely accused, it’s only human nature to emphatically deny any allegations against you. It is important to remember, say nothing. Remaining silent (even if innocent) is the best way to set up a quality defense for yourself. The state doesn’t care whether you did it or not as much as they care about clearing cases and keeping the crime and murder rate down. Get a hold of us and let us sort it out. If you have been arrested, you’ve already met the criteria for them to build a case against you. That’s why time is paramount. Call us immediately. Before anyone. We will fight to prove your innocence. The last thing this country needs is another falsely incarcerated individual.

Thursday, April 10, 2014

The Commonwealth Of Massachusetts Has Strict Penalties When It Comes To DUI/DWI/OUI

Many people think they will never have to face the judicial system as a defendant. They say, "I'm not a criminal, I'll never do jail time." Never say never.

Maybe you were out celebrating St.Patricks Day and you have a green beer with your friends. Your friends decide to keep the night going but you've got to be at work in the morning and you cut it off after you finish your pint. You drink a water, have a bite to eat, then head home and hop in bed.

Now, rewind back to the part where you cut yourself off after that one beer. Now, say you weigh 130 pounds and you only ate a salad. You get pulled over by the police and are instructed to perform a breathalyzer. You exceed the legal limit by a hair. A one size fits all legal limit. The third act changes dramatically now. You are no longer resting comfortably in your bed you are taking a mug shot and being booked for either DUI or OUI.

Feel like a criminal now? You're not. You're a person who was caught in an unfortunate circumstance and now you are facing criminal charges. The first thing you are going to want to do is obtain legal representation.

Many circumstances surround each individual case and that is where we come in and evaluate your case. Everything from the conduct of the arresting officer to the choices you were given at the scene will be examined with a fine tooth comb. In many instances, police, who are human, may have made an error in procedure deeming your case inadmissible. Perhaps your rights were violated during the arrest and/or booking process. These any many more injustices can and will be uncovered when we take your case.

The Commonwealth of Massachusetts has strict penalties when it comes to DUI/DWI/OUI. Don't find yourself at the mercy of the legal system alone. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have 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//

Thursday, March 20, 2014

How Not To Let A Criminal Record Ruin You In Massachusetts

There is a difference between responding and reacting. What's the difference? A response is a pause given, a thought processed with the pros and cons having been made, and then a decision is acted upon. A reaction quite simply is an impulse acted upon. And when an impulse is acted upon, it can lead to landing you in jail.

Think of the legal system as a barometer that measures reaction versus response. If it is determined that you injured another person while defending yourself, the court might regard that as a reasonable response. However, if you punch a guy in the face because he told you your team was no good, then the court will see that as lack of impulse control. And with that will come a misdemeanor to a felony charge.

Now, there is a gray area between response and reaction that may be hard to articulate. Maybe said guy who hates your team dumped a beer on your head after he told you they're no good. Now your brain is processing the information and probably saying, "punch him!"
So you do. The police come and arrest you for fighting. You're already facing charges. And again, depending on the damage done to the guy who hates your team, misdemeanor to felony. Worst case scenario, the guy dies from injuries and you could wind up facing second degree murder charges.

Best case scenario, the jury sides with you and believes you were provoked enough to merit such an action and all charges are dropped. Likely scenario, they agree you were provoked, the guy has a broken jaw and you're facing misdemeanor assault. You're hardly out of the woods. A misdemeanor charge on your record can be a detriment when trying to obtain housing, employment and citizenship. It can lead to deportation if you aren't a natural citizen.

So, what do you do? Well, if you've already punched the guy in the face and are facing charges, it's not too late. Our office can handle all scenarios outlined in the prior paragraphs. Don't let a reaction ruin your life.

Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have 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//

Thursday, February 27, 2014

What Are The Elements Of Appealing A Conviction In Massachusetts?

Do you know what to do if you have been arrested for an OUI in Massachusetts? Once you have been pulled over, and if you submitted to and failed the breathalyzer test, the next place you'll find yourself is in police custody. In the instance that you refused the breathalyzer test, you will still be arrested and only have 15 days from the date of the arrest to file an appeal. It's imperative that an appeal is filed, otherwise your license is suspended automatically.

Regardless of which actions were taken, next steps are important. Contact an attorney immediately, otherwise you risk losing driving privileges for an extended period of time, serving jail time, paying increased fines, and having this mark your driving record.

If you have been arrested for OUI in Massachusetts, 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//

Don’t Expect Prosecuting Attorneys To Treat You Any More Than Just A Number

This blog is committed to keeping you abreast of the ever changing laws and legal system. As we've stated in previous blogs, never go it alone. When they say justice is blind, they really mean it. She has a blindfold on and literally cannot see how innocent you are. That's where we come in.

When facing criminal charges, it is the prosecution's goal to see to it that you are punished to the fullest extent of the law. Why? Because they don't measure their successes on humans whose live's have been unfairly destroyed, they focus on convictions and convictions only. Meanwhile, what they regard as case #XYZ, you regard as your Father or Uncle or Brother or Nephew, etc. They are due more justice than just a number. This disproportionate amount of convictions among young males of color is astronomical. One doesn't have to look any further than the evening news or the front page of any major paper to see this reality played out again and again.

Don't sit around hoping for the laws to change. Lawyer up. Defense attorneys are here to see that ALL of your rights are in tact and that you get a fair and speedy trial. If we weren't there, you would get a speedy trial alright, straight to conviction.

Sentence reform is long overdue. But as we stated, don't wait for change to come, come to us. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have 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//

Monday, January 27, 2014

What Are The Elements Of Appealing A Conviction In Massachusetts?

When To Appeal

If you or someone you know has been convicted of a crime and sentenced, but you feel as though that person was wrongly convicted, or if a serious legal error has occurred, there are still options. Attorney Moraski knows and thoroughly understands the appeals process and will work with you to ensure that your appeal is handled with the utmost diligence and care. Many times, once convicted, people give up and feel that the system is too big an adversary. And they are right... If they go it alone. If you should win your appeal, think of the new lease on life you or someone you know could have.

What Is An Appeal?

An appeal is a request to a higher court to assess and modify the decision of the lower court. During an appeal, the defendant is able to challenge the sentence or the conviction itself.

What Happens If I Win My Appeal?

Typically, a successful appeal brings the case back to its initial stages. In some instances it can put an end to the case altogether.

The appellate process can be intimidating, but don't allow that to leave you feeling hopeless. Contact Attorney Moraski immediately if you have been wrongly convicted of a crime, or believe a grave legal error has been made. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have 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, January 17, 2014

What To Do When A College Student Commits A Crime In Massachusetts

When we send our kids off to college we can't help but worry about the possibility of them getting into trouble. It's a valid worry too.

Many times, good kids can get caught up in bad situations. For many students, it's their first time away from home and they are meeting a lot of different people from all walks of life. When facing independence for the first time, some might elect to participate in things they otherwise wouldn't.

Unfortunately, when a bad decision is made resulting in an arrest and charges, it is no longer "child's play." A college student who is facing criminal charges may be looking at severe punishment from two institutions. The State/City/County and the college itself.

Colleges all have strict guidelines and rules that, if broken, may result in permanent damage to a student's academic career that can forever haunt them. This can hinder one's ability to obtain housing, financing, gainful employment, etc. The same can be said for the criminal justice system as well.

If you or someone you know is enrolled in one of Massachusetts's many colleges and is facing criminal charges, call us today. Your future is nothing to gamble with. You need someone who understands collegiate litigation and the ins and outs of, not only the justice system, but also the policies of the college in question.

Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have 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//