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.


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Tuesday, May 12, 2015

The Sentencing of Dzhokhar Tsarnaev

Around the world the public has been riveted by the trial and sentencing of the Boston Marathon Bomber.  It reminds us that Massachusetts is tough on crime and still recognizes capital punishment as a deterrent to violent crimes.  This tradition goes back to colonial times when Massachusetts was one of the first colonies to carry out the death penalty.  In 1900, the state installed an electric chair to be used in death penalty cases. Electrocution was the most common form of execution in the Commonwealth until capital punishment was abolished in 1984.

The Commonwealth now votes decidedly against the death penalty.  However when it comes to punishing people who have been convicted of crimes the state remains rigid.  The state’s population in prison or jail has tripled since the early 1980s and state spending on corrections policies will top $2 billion over the next decade, up from more than $1 billion currently, without major changes in public policy.

It is imperative that no matter what nature of crime you or a loved one may be accused of that you seek out the best representation possible.  This is not only true in the trial stage, but in the sentencing stage, if heaven forbid it should ever come to that.  For aggressive representation of criminal law, contact attorney Paul Moraski at (978) 397-0011.  Your future is at stake here…make the right call now!

Monday, May 4, 2015

Massachusetts DA Halts the Use of Breathalyzer Tests Following Machine Malfunction.

A large number of drunk driving convictions across the state may be in jeopardy following the discovery of a problem with the calibration of the breathalyzer machines.  District attorneys from around the state were notified last week of the situation.  An investigation is now underway to determine the extent of the problem and identify the cause.

The problem was first identified in Essex County in mid-March.  A first offense drunken driving case in Lawrence was one of the initial cases to be discovered when the driver in that case pleaded guilty based on the blood alcohol level reported by the machine as being over the legal limit of .08.  The machines are not supposed to generate a test result if the test solution is not within a pre-

A large number of drunk driving convictions across the state may be in jeopardy following the discovery of a problem with the calibration of the breathalyzer machines.  District attorneys from around the state were notified last week of the situation.  An investigation is now underway to determine the extent of the problem and identify the cause.

The problem was first identified in Essex County in mid-March.  A first offense drunken driving case in Lawrence was one of the initial cases to be discovered when the driver in that case pleaded guilty based on the blood alcohol level reported by the machine as being over the legal limit of .08.  The machines are not supposed to generate a test result if the test solution is not within a pre-determined range.  There are currently numerous other Counties besides Essex County that have also halted the use of Breathalyzer Results.  These results are not currently being used in prosecutions in OUI Cases for the time being.  Oftentimes, Breath Test Results are the strongest part of the prosecution’s case in an OUI Case.  In Massachusetts, when someone blows a .08 or greater, they are presumed to be impaired according to statute.  This can be overcome by pointing out through experts and cross examination that the Breath Test Machine is subject to errors  and clearly fallible (which is certainly shown by these problems that have been detected), but it is an uphill battle. 

Additionally, when police officers make an OUI arrest they write their police report after the fact.  Police Officers know that when they make an OUI Arrest that getting the person that they just arrested to take the Breath Test is strong evidence of impairment, if that person blows over a .08.  So, typically the Police Officer’s report is not so one sided when they have an arrestee records a Breathalyzer Result .08 or greater.  You have to remember that the Officer’s Police Report is not an objective report of what happened, but rather a post-arrest recitation of facts that supports the Officer’s arrest and later on hopefully a conviction.  Police Officers bank on that if they write enough buzzwords in their police report that you are impaired that you will just plead Guilty, and not take the case to Trial.  Courts are usually very happy with that outcome too, because Trials take time, and it is more efficient and a much bigger money maker for the Commonwealth of Massachusetts if they can put you on probation, make you take alcohol education classes that cost money and make you pay Court Fees and Statutory Fines.  So, when Police Officers think they have a strong piece of evidence such as the Breath Test to use against you, they do not exaggerate as much in their police reports, and that way when they are called to testify and they just simply regurgitate what’s in their police report (absence the Breath Test), your case becomes even more winnable at Trial.

So, if you or someone you know has been arrested for an OUI in recent months it is imperative that you contact me Attorney Paul Moraski at my cell phone at (978) 397-0011.  I can give you a free phone consultation and discuss with you what your options are and how best to pursue your case given the most recent developments.  Even if you have recently been found Guilty at Trial or resolved your case by pleading Guilty or Receiving a Continuation Without a Finding (CWOF), a Motion for a New Trial can be filed.