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Case Results

2013 CASE RESULTS:

June 19, 2013
Lynn District Court

Client, 31 year old Executive Chef, was arrested and charged with Operating Under the Influence of Alcohol (OUI-Liquor, 2nd Offense).  The Police alleged that the Client was driving his car down a Main Road in Lynn, Massachusetts when he suddenly misjudged a left-hand turn and smashed into the median.  After smashing into the median, they further alleged that he tried to drive away from the scene, but was prevented from doing so because his car was so badly damaged.  After the Client allegedly tried to leave the scene in his car, he then tried to get out of his car and hide from police.  The police further stated that the Client was not able to perform any Field Sobriety Tests because he was too drunk and they were worried he would fall and hurt himself.  The client was arrested and brought back to the police station, where he vomited several times.  Attorney Moraski took the case to Trial.  At Trial, Attorney Moraski cross-examined the arresting Officers, pointing out the fact that the Client was in a bad car accident and had been struck by the airbag in his car.  He also brought up the fact that an airbag comes out at 120 mph and can cause a person to be knocked unconscious or suffer a concussion.  Attorney Moraski then introduced medical records that the Client had treated from the injuries that he received because of the accident, which included a head injury.  Additionally, Attorney Moraski cross examined the Officer that people are disorientated when they get into car accidents and in this particular case, the Client's car was leaking fluids, possible oil or gasoline, and that is why the Client got away from his car and stood behind another car.  Furthermore, Attorney Moraski introduced evidence that showed the Client did not misjudge a left-hand turn, but rather the street was under construction and had huge potholes throughout it.  When the Client's car struck a pothole it caused his car to careen out of control and strike the median.  Attorney Moraski introduced repair records into evidence which showed the control arm of the suspension was damaged because of the pothole.  After all of the evidence was introduced and Attorney Moraski's theory of defense was brought out, the Client was found Not Guilty.
Result:  Not Guilty on OUI 2nd.

May 9, 2013
Salem District Court

Client, 28 year old Construction Worker, was arrested and charged with Breaking and Entering and Violation of an Abuse Prevention Order (209A Restraining Order).  The Police alleged that the Client broke into his ex-girlfriend's apartment through a kitchen window.  The girlfriend had previously taken out a No Abuse Order against the Client, but the No Abuse Order did not prevent the Client from contacting the ex-girlfriend at the apartment and he was allowed to see the child they had in-common together at the apartment.  The Police further alleged that once the Client gained entry into the apartment, which occurred at 1 o'clock in the morning, he walked into the ex-girlfriend's bedroom and shouted something in her direction.  Attorney Moraski took the case to Trial.  At Trial, Attorney Moraski cross-examined the ex-girlfriend about the fact that she failed to mention to the Police her and the Client were on the lease together and he was lawfully allowed to be at the apartment.  Attorney Moraski got her to admit that she told the Police that she was the sole occupant of the apartment and then Attorney Moraski entered the signed lease into evidence.  Furthermore, Attorney Moraski cross-examined her about the fact that she changed the locks without telling the Client and he still had most of his belongings at the apartment.  Also, that the Client would oftentimes use the window to gain access to the apartment because she changed the locks.  Attorney Moraski was able to show the Court during his cross of the ex-girlfriend was the only thing that changed was she was made at the Client this time.  After the Court heard all of the evidence, the Client was found Not Guilty on both charges.
Result:  Not Guilty, on Both Charges.

April 2, 2013
Malden District Court

Client, 47 year old Electrician, was arrested and charged with Operating Under of the Influence of Alcohol (OUI-Liquor, 3rd Offense).  The Police alleged the Client was traveling down a street on the Everett/Malden Town Line, and at that time he crashed his truck into three (3) cars that were parked on the side of the road.  A Police Officer arrived on scene and immediately smelled alcohol and noticed the Client was unsteady on his feet, while slurring his speech.  The Police Officer brought him over to the Everett side of the street and that is where he performed the Field Sobriety Tests.  After performing the Field Sobriety Tests the Malden Police Officer placed him under arrest while the Client was technically in Everett.  Attorney Moraski was retained by the Client, and once retained he investigated exactly where the arrest was made.  Attorney Moraski Subpoenaed Records form the City Engineer's Office and the City Assessor's Office, and was able to determine that where the arrest was made, occurred in Everett.  Attorney Moraski then filed a Motion to Suppress with the Court.  At the Motion to Suppress HEaring, Attorney Moraski cross examined the arresting Officer and pinpointed the fact that the arrest was made on the Everett side of the street.  After the hearing, the Judge Allowed the Motion to Suppress, and the case was subsequently Dismissed.
Result:  Motion to Suppress Allowed, OUI 3rd Dismissed.

March 29, 2013
Salem District Court

Client, 65 year old retired War Veteran, was arrested and charged with Operating Under the Influence of Alcohol (OUI-Liquor, 1st Offense).  The Police alleged that the Client was swerving all over the road and almost caused an accident.  The Police Officer then had the Client perform Field Sobriety Tests after he pulled him over and the Client failed all the tests.  The Client was then arrested, and after being arrested he agreed to perform the Breathalyzer, where he blew over twice the legal limit.  Attorney Moraski was able to persuade the Judge hearing the case to Continue the Client's Case Without a Finding, on the OUI charge.
Result: Case Continued Without a Finding, Client Eligible for her Hardship License, After Successful Completion of Probation, Case will be Dismissed.

March 20, 2013
Salem District Court

Client, 53 year old Art-Museum Director, was arrested and charged with Operating Under the Influence of Alcohol (OUI-Liquor, 1st Offense).  The Police alleged that the Client struck a curb while driving on a public roadway and popped his tire on the curb.  They further alleged that when the Client attempted to changed the flat tire that he cut his hand.  The Police arrived shortly thereafter and smelled alcohol on the Client and noticed he had bloodshot and glassy eyes.  The Client then agreed to perform Field Sobriety Tests, where he failed three out of four of the tests and was subsequently placed under arrest.  After being arrested the Client was transported to the hospital where he agreed to have his blood drawn, the results of the blood tests were almost twice over the legal limit.  Attorney Moraski represented the Client and was able to persuade the Judge hearing the case to Continue the Client's Case Without a Finding, on the OUI charge.
Result: Case Continued Without a Finding, Client Eligible for her Hardship License, After Successful Completion of Probation, Case will be Dismissed.

March 18, 2013
Peabody District Court

Client, 22 year old College Student, was arrested and charged with Assault and Battery, Assault and Battery on a Police Office and Disorderly Conduct.  The Police alleged the Client was outside a bar when a large group of people were dispersing from the establishment, and at that time, they saw the Client engaged in a fight with another bar patron.  The Police at that time began to break up the fight, and when that occurred the Client allegedly swung an struck a Police Officer.  Attorney Moraski scheduled the case for Trial.  On the day of Trial, Attorney Moraski was able to convince the Prosecutor handling the case for the Commonwealth to drop both the Assault and Battery on a Police Officer and Assault and Battery charges, in exchange for the Client accepting a Continuance Without a Finding on the Disorderly Conduct. 
Result:  Two (2) Charges of Assault and Battery Dismissed, and Disorderly Conduct Charge will be Dismissed upon Successful Completion of Probation.  The College Student's record is kept clean.

March 14, 2013
Salem District Court

Client, 47 year old Store Associate, was arrested and charged with Resisting Arrest, Shoplifting 3rd Offense and Disturbing the Peace.  Police alleged that the Client had stolen merchandize from a local convenient store and then fled down the street with the merchandize.  When the Police caught up to question him about the alleged theft the Client became combative with police and would not cooperate.  Attorney Moraski was able to provide documents to the Prosecutor handling the case for the Commonwealth, that showed the Client had been treating a mental illness and was not on his proper medication when the incident occurred.  Attorney Moraski was able to convince the Prosecutor to Dismiss all three (3) counts of the complaint on Court Costs.
Result:  All Three (3) Charges Dismissed.

March 13, 2013
Boston Municipal Court
Central Division

Client, 46 year old Retail Associate, was charged and arrested with Domestic Assault and Battery.  The Police alleged that the Client struck her boyfriend in the face multiple times during an argument.  The Police further alleged that during the attack that the Client's Boyfriend sustained facial lacerations that were bleeding upon their arrival to the scene.  Attorney Moraski represented the Client throughout the proceedings and explained to the prosecutor handling the case that the Client had to defend herself and that it was the boyfriend who was the initial aggressor.  Attorney Moraski scheduled the case for Trial, after his initial attempts to get the case dropped were unsuccessful.  However, once the Trial rolled around, it was clear that the Commonwealth did not have a willing alleged victim to testify at Trial, and the case was Dismissed.
Result:  Case Dismissed.

March 6, 2013
Waltham District Court (Clerk's Hearing)

Client, 26 year old Bio-Tech Engineer, was charged with Domestic Assault and Battery.  The Police alleged that there was a Domestic fight between the Client and her boyfriend, where both parties were in a physical alteration and both had physical marks on them from the physical altercation.  Both the Client and her Boyfriend were charged with Domestic Assault and Battery.  At the Clerk's Hearing, Attorney Moraski spoke to the Police Prosecutor and Prosecutor handling the case for the Commonwealth.  Attorney Moraski was able to convince the Prosecutors that both parties had 5th Amendment Privileges, whereby if they testified against each other at Trial, they might incriminate themselves.  Both parties ended up asserting their 5th Amendment Privileges and the Case was Dismissed.
Result:  Case Dismissed and the Client's Record was Protected.

February 28, 2013
Salem District Court

Client, 28 year old Commercial Roofer, was arrested and charged with Larceny Over $250 (Felony Charge).  The Police alleged the Client had snuck into a backyard and stole a leaf blower and other yard equipment.  The Client had a previous record where he had multiple Continuance's Without a Finding.  Attorney Moraski was able to persuade the Judge hearing the case to Continue the Client's case Without a Finding and protect the Client's Record, allowing him to keep his job.
Result:  Case Continued Without a Finding, Client's Record will be Protected, After Successful Completion of Probation, Case will be Dismissed.

February 25, 2013
Salem District Court

Client, 26 year old Store Associate, was arrested and charged with Distributing a Class B Substance.  The Police alleged the Client met another person in a Retail Food Chain to conduct a drug sale.  The Police conducted surveillance outside of the establishment and allegedly saw a hand to hand drug transaction.  The police later seized and search both individuals involved in the transaction and found drugs and money.  Attorney Moraski filed a Motion to Suppress arguing that there was no Reasonable Suspicion to Stop and Search his Client and No Probable Cause to Arrest his Client.  At the Motion to Suppress Hearing, Attorney Moraski attacked the Police Officer's creditability for witnessing a drug transaction and pointed to the fact that the Officers did not know whether two friends were meeting or whether there was a drug transaction taking place.  After the Hearing the Motion to Suppress was allowed by the Judge and the case against Attorney Moraski's Client was thrown out.
Result:  Motion to Suppress Allowed, Case Dismissed.

February 20, 2013
Ayer District Court

Client, 42 year old Supervisor of a Delivery Company, was arrested and charged with Operating Under the Influence of Liquor (OUI-1st Offense), Leaving.  That State Police alleged that the Client was traveling well below the posted speed limit on Interstate 495, while swerving and driving erratically.  The Client was subsequently stopped by the State Police and when he was pulled over he allegedly smelled of alcohol and had bloodshot and glassy eyes.  The Client later submitted to Field Sobriety Tests and failed every test.  The Client was arrested and transported back to the Police Barracks were he submitted to a Breathalyzer Test and blew twice the legal limit.  Attorney Moraski was able to persuade the Judge hearing the case to Continue the Client's Case Without a Finding, on the OUI charge.
Result: Case Continued Without a Finding, Client Eligible for her Hardship License, After Successful Completion of Probation, Case will be Dismissed.

February 7, 2013
Lowell District Court

Client, 22 year old Professional Football Player, was arrested and charged with Larceny of a Credit Card, Over $250 (Felony Offense).  The police alleged that the Client stole someone's Credit Card and used it to make unauthorized purchases.  Attorney Moraski conferenced with the prosecutor handling the case for the Commonwealth multiple times about the Client's achievements outside of the courtroom.  Eventually, Attorney Moraski was able to persuade the prosecutor to recommend pre-trial probation for 9 months.   The Client only needs to  refrain from any further arrests or charges and the case will be dismissed in nine months.
Result: Case Dismissed.

January 31, 2013
Lynn District Court

Client, 48 year old Director of a Nursing Unit, was charged with Assault and Battery.  The victim alleged that he had a verbal dispute with the Client over the custody situation of his child.  The Client was the grandmother of the child.  The victim alleged that the verbal dispute became physical and that the Client struck him seven different types in the head and neck area.  Upon being retained by the Client, Attorney Moraski had the Client fill out a Civilian Application for Criminal Complaint because the Client was actually attacked by the victim and defended herself.  Shortly thereafter the victim was charged with the same exact crime and now he himself was a criminal defendant.  Attorney Moraski scheduled the case for trial.  On the day of trial, Attorney Moraski was able to persuade the prosecutor handling the case for the Commonwealth to dismiss the charged because his Client had a valid self defense claim. 
Result:  Case Dismissed.

January 28, 2013
Boston Municipal Court
Dorchester Division

Client, 25 year old Golf Professional, was arrested and charged with Operating Under the Influence of Liquor (OUI-2nd Offense).  The police alleged that the Client had passed out behind the wheel in the middle of Columbia Road, a main street in the City of Dorchester.  The police had to help the Client out of his car and then put the car in park for him.  The police officer on scene attempted to have the Client perform Field Sobriety Tests and the Client made an attempt to perform them.  Shortly thereafter, the police officer made the decision that the Client could not perform the Field Sobriety Tests safely and arrested the Client.  The Client was then transported back to the police station were he elected to take the Breathalyzer, where he blew .19% BAC, which is nearly 2 1/2 times over the legal limit.  Attorney Moraski was able to have the Client's appearance for the Pre-Trial Court appearances waived, because the Client lived in Florida.  Eventually, Attorney Moraski was able to persuade the prosecutor handling the case for the Commonwealth to recommend a Suspended Sentence and Probation so the Client could avoid going to jail. 
Result:  Client received a Suspended Sentence (no jail time unless there is a violation of probation) and a 18 Month Probationary Period.  Client avoided a mandatory minimum jail sentence of 30 days.

January 25, 2013
Salem District Court

Client, 48 year old Director of Computer Software Company, was arrested and charged with Open and Gross, Lewdness (Felony Charge).  The police alleged that the Client parked his car on a side street in Salem, Massachusetts while he masturbated in his car.  The police further alleged that the Client was gratifying himself while watching young children play on a playground across the street, less than 30 feet away.  The Client admitted to police that he was masturbating but vigorously denied gratifying himself to the children on the playground.  Attorney Moraski and the prosecutor handling the case for the Commonwealth tendered a disparate plea recommendation for the Judge's consideration.  The prosecutor asked the Judge to incarcerate the Client for 1 year and to be on probation for an additional two years after getting out of jail.  Attorney Moraski asked the Judge to Continue the Client's Case Without a Finding, for a period of one year, in order to protect his Client's record, avoid jail time and registering as a Sex Offender.  Attorney Moraski was able to successfully persuade the Judge into adopting his recommendation because he was able to photograph and document the scene of where the alleged offense occurred.  Through photographs Attorney Moraski was able to show the Judge that his client could not have been facing where the police believed he was facing (watching the children), due to the fact if he was facing in that direction the eyewitness would not have been able to see what she said she saw.  After hearing Attorney Moraski's version of the facts, the Judge agreed that is was more likely the way Attorney Moraski depicted the event and he adopted Attorney Moraski's recommendation.
Result:  Case Continued Without a Finding, Client did not have to Register as a Sex Offender and Avoided a Felony Conviction.  Upon Successful Completion of Probation, Case will be Dismissed. 

January 24, 2013
Salem District Court

Client, 64 year old Electrical Engineer, was arrested and charged with Assault and Battery Dangerous Weapon (Felony Charge), Leaving the Scene Personal Injury, Negligent Operation of a Motor Vehicle and Threat to Commit a Crime.  The police alleged that the Client intentionally ran over a person riding a motorcycle because there were words exchanged between the Client and the motorcyclist.  The Client was behind the motorcyclist and when the light turned green, he allegedly rammed his Audi into the rear of the motorcycle.  After running over the motorcycle the Client fled the scene and pulled his car into a nearby parking lot and ran into his therapist's office.  Once he was in his therapist's office, he barged in through her office door while she was in a therapy session and started having a breakdown, threatening to kill everyone in the office.  Attorney Moraski and the prosecutor handling the case for the Commonwealth tendered a disparate plea recommendation for the Judge's consideration.  The prosecutor asked the Judge to incarcerate the Client for 2 years and to be on probation for an additional two years after getting out of jail.  Attorney Moraski asked the Judge for a Suspended Sentence and a lengthy probationary period, so the Client could get the counseling he needed in lieu of jail time.  After hearing Attorney Moraski's recommendation, the Judge decided to impose a Suspended Sentence where the Client was able to avoid jail time and get the counseling he needed.
Result:  Client received a Suspended Sentence (no jail time unless there is a violation of probation) and a 2 year Probationary Period. 

January 23, 2013
Lawrence District Court

Client, 30 year old landscaper, was arrested and charged with Operating Under the Influence of Liquor (OUI-1st Offense), Leaving the Scene of Property Damage and Unlicensed Operation of a Motor Vehicle.  The police alleged that the Client crashed into the back of a tractor trailer truck and got his motor vehicle wedged underneath the truck.  As a result of being wedged under the tractor trailer the Client's car could not move, even though according to the police report the client repeatedly tried to free his vehicle from the accident scene by attempting to dislodge his car by rocking the tractor trailer and spinning his tires.  After not being able to free his vehicle, the Client allegedly took off on foot leaving the scene of the accident.  The Client later returned five (5) minutes later stating to the driver of the other vehicle that he car had been stolen by someone else.  Police later arrived on scene and the person driving the tractor trailer identified the Client as the driver, as well as the Client's girlfriend stating that he had been driving.  Attorney Moraski was able to persuade the Judge hearing the case to Continue the Client's Case Without a Finding, both the OUI Charge and the Leaving the Scene Property Damage Charge, and was able to negotiate with the prosecutor handling the case to dismiss the Unlicensed Operation Charge.
Result: Case Continued Without a Finding, Client Eligible for her Hardship License, After Successful Completion of Probation, Case will be Dismissed.

January 14, 2013
Essex Superior Court (1st Degree Murder Charge)

Client, 29 year old male, was indicted and charged with 1st Degree Murder and Carrying a Firearm without a License.  Prosecutors alleged that the Client shot and killed the alleged victim over a feud that was taking place between the parties and that the shooting was a cold blooded, premeditated and deliberate killing.  Attorney Moraski was co-counsel on the case with Attorney Ortiz.  During the course of the trial both the Defense Attorneys cross examined witnesses showing that their Client could not have committed the crime in the cold blooded and premeditated way that prosecutors alleged.  At the end of the trial, the Client was acquitted on the First Degree Murder Charge and convicted of the Lesser Included Charge of Second Degree Murder, along with Carrying a Firearm.  Attorney Moraski's Client was facing Life without the Possibility of Parole if convicted on the First Degree Murder Charge.  Now the Client will be eligible for parole in 15 years. 
Result:  1st Degree Murder Charge:  Not Guilty, 2nd Degree Murder Charge (Lesser Included Charge):  Guilty and Carrying a Firearm:  Guilty.  Client Sentenced to 15 years to Life and 4-5 years to run concurrent on Firearm Charge.  The Client is eligible for parole after 15 years.

2012 CASE RESULTS:

December 12, 2012
Lynn District Court (Gun Court)

Client, 29 year old Aviation Specialist for General Electric, was arrested and charged with two counts of Assault with a Dangerous Weapon (Felony Charges) and Improper Storage of a Firearm.  The police alleged that there was a dispute between individuals walking to a party and the Client, where during the dispute the Client pulled out a handgun and pointed it at the individuals.  The individuals initially told police that they were unsure as to why the Client pulled out the gun and that it appeared he just did it for no reason.  Immediately after Attorney Moraski was retained he conducted an investigation into the facts and discovered that the Client was just protecting his neighbors BMW.  The individuals who pretended they did not know what happened, were actually seen by eyewitnesses peering into a neighbors BMW, as if they were looking to commit a Carjacking, or steal the contents inside of the vehicle.  At that point, since the Client had his car broken into twice previously that year, the Client confronted the individuals by asking them what they were doing near the car and if they knew the owner of the car, his neighbor.  The individuals then came at his Client in a threatening manner and that is when the Client defended himself.  The matter was then scheduled for Trial.  The witnesses in the case who originally stated to police that they had a gun pulled on them for no reason did not show up to Court to testify under oath to such a story.  Attorney Moraski then moved for a Dismissal on Assault with a Dangerous Weapon Counts and the Motion was allowed by the Court.  Additionally, Attorney Moraski's Client received a six month Continuance Without a Finding on the Improper Storage of a Firearm Charge.  All the Client has to do is refrain from any further arrests or charges and the case will be dismissed in six months.
Result:  All Three Cases Dismissed.

December 11, 2012
Lowell District Court

Client, 30 year old Registered Nurse, was charged with two counts of Assault with a Dangerous Weapon (Felony Charges) and Threat to Commit a Crime.  The police alleged that during a visitation exchange of the Client's son that the Client threatened to hurt the Father's new girlfriend, but stating she would kill her.  Allegedly after Threatening the alleged victim, the Client drove at the girlfriend with her car while the girlfriend was holding her five year old daughter.  Attorney Moraski then conducted an investigation and discovered that the girlfriend was arrested three weeks prior to this incident on charges of Assault and Battery with a Dangerous Weapon for throwing rocks at the Client's car, herself and the Client's son.  Attorney Moraski brought these Court Documents to the prosecutor's attention and showed the prosecution a history of false allegations, including Restraining Orders that were successfully taken out by his Client against the alleged victim.  Attorney Moraski was able to persuade the prosecutor into recommending six months of Pre-Trial Probation because of the retaliatory allegations that were fabricated by the alleged victim.   The Client only needs to refrain from any further arrests or charges and the case will be dismissed in six months. The Client was able to protect her nurses license and keep her record clean.
Result:  All Three Cases Dismissed and Keep her Nursing License.

December 7, 2012
Salem District Court

Client, 40 year old Furniture Mover, was arrested and charged with two counts of Domestic Assault and Battery.  The police alleged that the Client and his ex-girlfriend got into a fight while the Client was attempting to move out of the apartment that they formerly shared together.  While moving out the alleged victim told police that her ex-boyfriend pushed her and slapped her.  Attorney Moraski's Client told police that he tried to restrain her while she attacked him, however the police did not believe him, even though his ear was bleeding.  Once Attorney Moraski started representing him, Attorney Moraski had his Client fill out an application for a civilian complaint for Domestic Assault and Battery against his former ex-girlfriend.  At a Clerk's Hearing, Probable Cause was found for an Assault and Battery charged to be taken out against the ex-girlfriend.  The case was then scheduled for Trial.  At Trial, both Defendants asserted their 5th Amendment Privileges not to incriminate themselves, and now the prosecution could not proceed in either case.
Result:  Both Cases Dismissed.

December 6, 2012
Peabody District Court

Client, 28 year old Car Technician, was arrested and charged with Domestic Assault and Battery.  The police alleged that they were dispatched to a residence for a report of a loud argument between a man and a woman.  On the police officer's arrival he was able to hear where the yelling was coming from and knocked on the door.  The police officer then spoke to the alleged victim who told the officer that she had gotten into a verbal argument with her boyfriend and that during the argument physical contact was made between Attorney Moraski's Client and the alleged victim.  Attorney Moraski then conducted a full investigation into the contact that was made between the alleged victim and his Client.  Attorney Moraski interviewed the alleged victim and it was discovered that the alleged victim became extremely emotional during the verbal argument and then started striking Attorney Moraski's Client.  Attorney Moraski's Client then restrained the alleged victim during the altercation in an attempt to protect himself.  Attorney Moraski also had the alleged victim make a written statement, so the statement could be shown to the prosecution.  The case was then scheduled for Trial.  At Trial the prosecution answered that they could not proceed at Trial with the evidence, so the case was dismissed.
Result:  Case Dismissed.

December 5, 2012
Salem Juvenile Court

Client, 16 year old High School Student, was arrested and charged with Possession of a Class B Substance.  The police alleged that the Client was traveling in a vehicle with another minor who had a warrant for his arrest.  The police subsequently pulled the vehicle over and conducted a search of the vehicle and the persons in the vehicle.  Upon searching Attorney Moraski's client the police found a pill they believed to a be a Class B substance.  Attorney Moraski filed a Discovery Motion at the Client's Pre-Trial Hearing that was allowed by the Court, where the prosecution needed to provide the Defense with a Drug Certificate regarding the Crime Laboratories findings about the pill.  The pill believed to be a Class B substance was sent to the Hinton Crime Laboratory in Jamaica Plain.  Upon learning about all of the contamination at the Hinton Drug Lab, arrest of the lead chemist and the closing of the Crime Lab, Attorney Moraski filed a Motion to Dismiss.  The Motion to Dismiss was allowed by the Court.
Result:  Case Dismissed.

December 4, 2012
Chelsea District Court

Client, 68 year old retired Computer Technician, was charged with Negligent Operation of a Motor Vehicle and Failure to Stop for Police.  The police allege that the Client entered an intersection where a police officer was directing traffic and the Client's vehicle failed to stop.  Additionally, that when the police officer attempted to go into the intersection to get the client's attention that the Client's vehicle proceeded through the intersection and made contact with the police officer.  At the Client's arraignment Attorney Moraski filed a Motion to Dismiss pursuant to M.G.L. c. 218 s. 35A, asking the Court to Dismiss the Complaint because the Client was not afforded his right to a Clerk's Hearing.  The Motion was allowed by the Court.  The case was then Dismissed and Attorney Moraski's Client will now have the right to go in front a Clerk Magistrate and be afforded the opportunity to have the case disposed of before ever being formally arraigned and protecting the Client's criminal record.  Attorney Moraski then represented the Client at a Clerk Magistrate's Hearing two (2) months later and successfully kept the application for criminal complaint from issuing.
Result:  Both Cases Dismissed

November 30, 2012
Peabody District Court

Client, 21 year old, college student was charged with Leaving the Scene Property Damage.  The police alleged that while the client was waiting in line at the Wendy's Drive-Thru that he rear ended the vehicle in front of him and then took off.  The driver of the other vehicle was able to get the license plate number of the vehicle the client was allegedly driving and reported this to police.  The police later caught up to the Client and questioned him about his whereabouts and issued him a Summons to appear in Court for the hit and run.  Attorney Moraski was able to persuade the prosecutor to recommend pre-trial probation for six months. Attorney Moraski was able to make the Prosecutor handling the case understand that his Client was a college student who got nervous after being in an accident.  The Client only needs to refrain from any further arrests or charges and the case will be dismissed in six months.
Result: Case Dismissed.

November 30, 2012
Salem District Court

Client, 29 year old phlebotomist, was arrested and charged with Disorderly Conduct.  The police alleged that people were consuming alcohol in the streets and causing a ruckus.  The police then responded to the area to question the people involved in the ruckus.  Upon questioning Attorney Moraski's Client, the police alleged that the client became mouthy and uncooperative.  The police later arrested the Client for Disorderly Conduct.  At the Client's arraignment, Attorney Moraski negotiated with the prosecutor handling the case for the Commonwealth and persuaded the prosecutor to Dismiss the case against the client.
Result:  Case Dismissed.

November 29, 2012
Malden District Court

Client, 47 year old Maintenance Technician, was arrested and charged with Breaking and Entering and Trespassing.  The police alleged the Client was outside an apartment complex drinking beers, while fishing in the pond in back of the apartment complex with his friend/co-defendant.  When the police arrived because of a complaint by a neighbor, the Client and his friend went into the apartment complex and entered into an apartment.  Minutes later the police knocked on the apartment door and tried verifying who lived in the apartment.  The police later discovered that the Client's friend/co-defendant did not have permission to be in the apartment any longer since his ex-girlfriend had kicked him out two weeks prior.  Attorney Moraski then filed a Motion to Dismiss with the Court.  Attorney Moraski stated that his Client did not have the requisite intent to Break and Enter the premises and Trespass.  The fact that the Client's friend/co-defendant had a key to open the door and that there was no forced entry into the apartment by the client, there was no way that the Client could have formed the intent necessary, rather the Client was duped into entering the apartment with his friend/co-defendant.  The Judge hearing the case agreed with Attorney Moraski's argument and Allowed the Motion to Dismiss.
Result:  Both Cases Dismissed.

November 28, 2012
Salem District Court (Restraining Order, Represent the Defendant)

Client, 73 year old Real Estate Broker, had an application for a Restraining Order taken out against her by her daughter.   Attorney Moraski had represented the Client two weeks before in a Restraining Order taken out against his client under M.G.L. c. 209A (Abuse Prevention Order) and now the daughter was taking out a Harassment Prevention Order under M.G.L. c. 258E.  The daughter alleged in her affidavit that her 73 year old mother had stolen her money, attacked her physically many times in the past, and made threats to jeopardize her career and education. There was a hearing on the merits that was conducted. During the hearing Attorney Moraski cross examined the daughter about the fact that she has not even had contact with her mother for over six months, that the reason why she was upset was because her adult son chose to live with her mother and that she had numerous incidents with police.  Attorney Moraski then successfully argued to the Judge hearing the case that there was not a legal basis to grant the Restraining Order because the facts that the Plaintiff presented do not constitute abuse, as defined by the Statute. The Judge hearing the case agreed with Attorney Moraski's argument and the Judge denied the Restraining Order, and ruled in favor of Attorney Moraski's Client.
Result: Restraining Order Denied

November 20, 2012
Salem District Court

Client, 34 year old construction worker, was charged with Possession of Class A Substance (Subsequent Offense)(Felony Charge) and Being Present Where Heroin is Kept.  The police alleged that the client overdosed on Heroin and was unconscious when they arrived at his dwelling.  The police subsequently searched the dwelling where the client was located and found heroin, syringes and paraphernalia commonly associated with heroin.  Attorney Moraski subsequently filed a Motion to Dismiss pursuant to M.G.L. c. 94C s. 34A, to Dismiss the Complaint against the Client because he is immune from Prosecution under the new statute enacted by Legislature in 2012, making a person immune from prosecution when seeking medical assistance from an overdose.  Attorney Moraski then argued the Motion in Court, which was subsequently allowed by the Court.
Result:  Case Dismissed.

November 19, 2012
Salem District Court

Client, 49 year old office manager, was arrested and charged with Domestic Assault and Battery and Malicious Destruction of Property.  The police alleged the client was in a domestic altercation with his girlfriend of 3 years and that the incident transpired when the girlfriend was trying to break up with the client.  The victim alleged that the client became enraged when she tried to break up with him and then put her in a head lock, causing her to be in fear and to struggle to get away from him.  The victim also alleged that the client punched out a window in the apartment on his way out of her apartment.  Attorney Moraski subsequently investigated the facts of the alleged assault and into the victim's past.  It was discovered that the alleged victim had a history of fabricating stories when she was upset or when ending a dating relationship.  On the day of the scheduled trial, Attorney Moraski successfully litigated a Motion to Dismiss.
Result:  Both Cases Dismissed.

November 16, 2012
Salem District Court  (Restraining Order, Represent the Defendant)

Client, 73 year old Real Estate Broker, had an application for a Restraining Order taken out against her by her daughter.  The daughter alleged in her affidavit that her 73 year old mother had stolen her money, attacked her physically many times in the past, and made threats to jeopardize her career and education.  There was a hearing on the merits that was conducted.  During the hearing Attorney Moraski successfully argued to the Judge hearing the case that there was not a legal basis to grant the Restraining Order because the facts that the Plaintiff presented do not constitute abuse, as defined by the Statute.  The Judge hearing the case agreed with Attorney Moraski's argument and the Judge denied the Restraining Order, and ruled in favor of Attorney Moraski's Client.
Result: Restraining Order Denied

November 13, 2012
Boston Municipal Court
East Boston Division

Client, 29 year old PhD Student at Prestigious Boston Graduate School, was arrested and charged with Operating Under the Influence of Alcohol (2nd Offense).  The police allege that the Client was swerving all over I-90, in and around the Ted Williams Tunnel, while traveling 30 miles under the speed limit.  The Client was subsequently pulled over by the Massachusetts State Police and once stopped the Trooper noticed the Client had a strong odor of alcohol emanating from his breath and his eyes were bloodshot and glassy.  The Trooper asked the Client to get out of his car and upon doing so the Client lost his balance and fell into the guardrail.  The Client was asked to perform Field Sobriety Tests, which he agreed to take and failed all three tests.  The Client was then placed under arrest and back at the police station gave a Breath Test reading over twice the legal limit.  Attorney Moraski filed a Motion to Suppress Evidence and a Motion to Dismiss on the case.  Additionally, Attorney Moraski was able to persuade the prosecutor handling the case about the difficulty in proving the OUI case at Trial.  The prosecutor then agreed to drop the OUI (2nd Offense) and Reduce the case to an OUI (1st Offense).  Attorney Moraski's Client was able to avoid a 2 Year Loss of License and a 2 Week In-Patient Program.  The Client only got a 45 Day Loss of License.
Result:  Client able to Avoid 2 Year Loss of License and Avoid 2 Week In-Patient Program, Client only Received 45 Day Loss of License.

November 9, 2012
Salem District Court

Client, 27 year old waitress, was charged with Failure to Return Leased Property.  The police alleged the Client rented various electronic equipment from a Rent-A-Center and failed to make any payments on the leased property and refused to return the leased property.  Attorney Moraski was able to persuade the prosecutor to Dismiss the Criminal Charges and make restitution for the electronic equipment.
Result:  Case Dismissed.

November 9, 2012
Salem District Court

Client, 30 year old Roofing Foreman Contractor, was arrested and charged with Operating a Motor Vehicle Without a License and Carrying a Dangerous Weapon (Felony Charge).  The police allege the Client was doing twice the legal speed limit through a speed trap and was pulled over for speeding.  After pulling the Client over for speeding, a RMV inquiry was done on the Client's License Status and the police officer learned the Client had a suspended license.  The police officer arrested the Client for driving on a suspended license.  During the arrest of the Client the police officer found a Switch Blade in the Client's pocket and charged him with Carrying a Dangerous Weapon.  Attorney Moraski was able to persuade the prosecutor handling the case to Dismiss the Dangerous Weapon Charge.  Additionally, Attorney Moraski was able to convince the Judge hearing the case to Continue the Operating a Motor Vehicle Without a License Charge Without a Finding.  The Client was able to protect his License and Record, and avoid having to serve a 60 day loss of license.
Result:  Felony Charge Dismissed and Misdemeanor Charge Will be Dismissed after Successful Completion of Probationary Period.

November 7, 2012
Malden District Court  (Restraining Order, Represented the Defendant)

Client, 56 year old General Sales Manager of a Car Dealership, had an application for a Restraining Order taken out against him for the second time in a one month period.  Attorney Moraski had successfully defended the Restraining Order Application two weeks prior, but now the client's ex-girlfriend was claiming that she received new emails from the Client and that the Client was stalking her at her place of employment.  The ex-girlfriend claimed that she was in fear of the Client and did not know what he would do next.  Attorney Moraski cross examined the ex-girlfriend about the fact that his Client had never abused, threatened, or physically assaulted her in the 10 years that they were in a dating relationship.  Attorney Moraski was able to successfully argue to the Judge hearing the case that it was an objective standard that the Court issues Restraining Orders and not a subjective standard, whereby just because the ex-girlfriend is irrationally in fear of the Client, that is not a reason to issue a Restraining Order .  After another full evidentiary hearing on the merits, the Judge denied the Restraining Order, and ruled in favor of Attorney Moraski's Client.
Result:  Restraining Order Denied

October 25, 2012
Lowell District Court

Client, 29 year old Administrative Assistant, was arrested and charged with a Domestic Assault and Battery and Aggravated Domestic Assault and Battery (Felony Charge).  The police report alleges that during a visitation exchange, that the Client and his ex-girlfriend got into an argument regarding the current custody situation.  During the argument the Client is alleged to have slapped and pushed the alleged victim, and then fled the scene.  The alleged victim was pregnant at the time of the alleged assault, so it was classified as an aggravated felony.  Attorney Moraski and his Client had a different version of the facts.  The ex-girlfriend was currently in Probate and Family Court trying to modify the custody agreement to more favorable terms for herself.  The alleged Assault and Battery was nothing more than an attempt to get an upper hand in the custody proceedings.  Attorney Moraski and his investigator interviewed and took statements from witnesses that were across the street when the custody exchanged happened, and those witness accounts were consistent with Attorney Moraski's Client's version of events, that this was indeed a fabrication.  In the discovery process, Attorney Moraski provided the Prosecutor with the witness statements and then scheduled the case for Trial.  At trial and after the alleged victim learned of the witness statements that directly contradicted her fabrication, she did not show up to testify.  The case was then dismissed against Attorney Moraski's Client.
Result:  Both Cases Dismissed.

October 23, 2012
Malden District Court  (Restraining Order, Represented the Defendant)

Client, 56 year old General Sales Manager of a Car Dealership, had an application for a Restraining Order taken out against him by a recent ex-girlfriend.  The ex-girlfriend was alleging that the Client was threatening her through text messages and emails, and was scared of future abuse because of the Client's drinking problem.  On the day of the hearing, Attorney Moraski explained to the Judge hearing the case that the Client was a very successful businessman and worked extremely hard at his field and if his Client had such a bad drinking problem, there would be no way that he could excel so much at his field.  Additionally, Attorney Moraski explained that there were no threats that were being made by the Client, rather there were hurt feelings that the ex-girlfriend was experiencing, and having hurt feelings is not a reason to extend a Restraining Order.  Attorney Moraski made it clear that revenge, hurt feelings and a subjective belief that someone is in fear absent any real threats is not enough to issue a Restraining Order.  After the hearing the Judge hearing the evidence denied the Restraining Order, and ruled in favor of Attorney Moraski's Client.
Result:  Restraining Order Denied

October 16, 2012
Salem District Court

Client, 49 year old male, was arrested and charged with Assault and Batter Dangerous Weapon (Felony Charge) and Assault and Battery.  The police allege that the Client was in a physical altercation with another male party.  The physical altercation then escalated when the Client picked up a knife and stabbed the other male party in the back with the knife.  Attorney Moraski and his Client proceeded to trial under the theory of self defense and that the other male party was the initial aggressor.  The male party was younger, bigger and stronger than the Client and the Client only grabbed the knife as a matter of last resort.  On the day of trial, Attorney Moraski was able to persuade the Judge hearing the case that there was a viable 5th Amendment Privilege that the alleged victim could assert.  Meaning that if the alleged victim testified at Trial, it was possible that he could incriminate himself since he was the initial aggressor.  The alleged victim asserted his 5th Amendment Privilege against self incrimination and both cases were dismissed against the Client.
Result:  Both Cases Dismissed.

October 1, 2012
Salem District Court

Client, 42 year old Construction Worker, was arrested and charged with six counts of violating a Restraining Order.  According to the police report, the Client was repeatedly texting his ex-girlfriend in direct violation of the Restraining Order that was still active.  Attorney Moraski was able to negotiate a favorable plea bargain in his Client's favor.  The plea bargain reached enable five of the counts to be dismissed, and for the one remaining charge to be Continued Without a Finding.  The Client was placed on Administrative Probation for six months and after the successful completion of probation, the case will be dismissed, protecting the Client's record.
Result:  Five Counts Dismissed, One Count Continued Without a Finding and Dismissed upon successful completion of probation.

September 27, 2012
Salem District Court

Client, 45 year old Car Salesman, was arrested and charged with Larceny Over $250 (Felony Charge) and Uttering/False Pretenses (Felony Charges).  It is alleged by police, the Client sought out services of an accounting firm for thousands of dollars and then wrote the firm bad checks, because he never intended to pay for their services.  Attorney Moraski represented the Client in Court and was able to reach an agreement with the Prosecutor handling the case, where the Client would make restitution for the money he owed and the case would be dismissed. 
Result:  Case Dismissed.

September 25, 2012
Salem District Court

Client, 37 year old male, was arrested and charged with Domestic Assault and Battery.  The police allege that the Client Assaulted and Battered his mother after having an argument over finances.  During Attorney Moraski's representation of the Client, he reached out to the Client's mother to determine what the family dynamic was like.  After speaking with the Client and the Client's mother, Attorney Moraski employed the services of a Psychiatric Doctor to interview the Client for Criminal Responsibility issues.  During the Doctor's evaluation of the Client, he was able to fashion a plan that would help the family dynamic in the case.  Attorney Moraski was able to make the Prosecutor handling the case understand that there was a plan in place to help the family dynamic and make sure the problem did not happen again, so after speaking to Attorney Moraski the prosecutor recommended pre-trial probation for six months and for the Client to continue with his treatment. The Client only needs to refrain from any further arrests or charges and the case will be dismissed in six months.
Result: Case Dismissed.

September 24, 2012
Gloucester District Court

Client, 23 year old Waitress, was arrested and charged with Operating Under the Influence (OUI-1st Offense).  The police allege that the Client was operating erratically by swerving and crossing marked lanes.  When the police officer pulled the client over she asked the Client to perform Field Sobriety Tests, and after taking the Field Sobriety Tests the Client failed all the tests.  The Client was subsequently arrested by the officer.   Attorney Moraski represented the Client in Court and was able to persuade the Judge hearing the case to Continue the Client's case Without a Finding. The Client was then eligible to obtain her Hardship License three (3) business days later. After the successful completion of her probationary period, the Client's record will be protected, reflecting a dismissal of the charge.
Result: Case Continued Without a Finding, Client Eligible for her Hardship License, After Successful Completion of Probation, Case will be Dismissed.

September 21, 2012
Cambridge District Court

Client, 53 year old Wellness and Life Coach, was arrested and charged with Operating Under the Influence (OUI-1st Offense).  The police allege that while the Client was driving in a MBTA parking lot that she collided with a parked car and after colliding with the parked car, the Client pulled into a parking space and passed out behind the wheel with her car running.  The police officer later awoke the Client out of her sleep and asked her to perform Field Sobriety Tests.  The Client failed the Field Sobriety Tests and then the officer attempted to arrest her.  According to the police report, when the officer attempted to arrest her the Client became combative and made several attempts to kick the police officer.  At the Client's Pre-Trial Hearing, the Prosecutor handling the case wanted to add charges of Assault on a Police Officer (Felony Charge) along with Negligent Operation of a Motor Vehicle.  Attorney Moraski was able to persuade the Prosecutor from taking out additional charges against his client and was able to plead the Client out to just the OUI Charge.  The Client was subsequently placed on probation by the Court.
Result:  Client avoids having additional Charges taken out against her, including a Felony Charge and is placed on Administrative Probation for One Year.

September 13, 2012
Woburn District Court

Client, 57 year old metal fabricator, was arrested and charged with Operating Under the Influence (4th Offense)(Felony Charge).  The police alleged that the Client was speeding and weaving over marked lanes on his way home from the bar.  The Client subsequently took Field Sobriety Tests and the Breath Test, failing all tests.  Attorney Moraski was able to persuade the Prosecutor handling the case to drop the 4th Offense to a 3rd Offense OUI.  Additionally, Attorney Moraski was able to convince the Judge hearing the depositional argument to only impose the mandatory minimum sentence of 6 months in jail, as opposed to the maximum penalty of 2 1/2 years. 
Result:  4th Offense dropped to 3rd Offense and minimal Jail Sentence Imposed.

September 12, 2012
Salem District Court

Client, 17 year old High School Student, was charged with Carrying a Dangerous Weapon on School Grounds (Felony Charge).  The police allege that fellow students notified faculty at the school that the Client was carrying a knife in his backpack.  The Client was then called down to the Principal's office where his backpack was subsequently searched by the school staff.  Upon searching the Client's backpack, a utility knife was found on the student.  After the knife was found the police were called to the scene and the student was charged with a Felony Charge.  Because of the volatile nature of bringing weapons on school grounds, in the post Columbine era, these crimes are typically prosecuted to the fullest extent of the law.  Attorney Moraski filed a Motion to Suppress the illegal search and seizure of the knife, and on the day the Motion to Suppress was scheduled to be heard, Attorney Moraski was able to persuade the prosecutor to recommend pre-trial probation for six months.  Attorney Moraski was able to make the Prosecutor handling the case understand that the student was using the utility knife to open boxes at an after school job, as opposed to doing harm to fellow students.  The Client only needs to  refrain from any further arrests or charges and the case will be dismissed in six months.
Result: Case Dismissed.

September 7, 2012
Boston Municipal Court
Dorchester Division  (Restraining Order, Represented the Plaintiff)

Client, 48 year old Administrative Assistant, hired Attorney Moraski to take out a Harassment Prevention Order against her next-door neighbor.  For years the Client and her neighbor were feuding.  Attorney Moraski's Client was being harassed, threatened and taken advantage of by her neighbor.  The Client had finally had enough of the abuse and decided to do something about it.  Attorney Moraski met with his Client and helped her draft a carefully worded affidavit explaining the nature and circumstances regarding the abuse.  The Judge allowed a temporary restraining order against the neighbor, and the Court setup a two-party hearing and a return date, for both parties to be heard.  Attorney Moraski represented his Client at the hearing and explained to the Judge hearing the case about the ongoing abuse, threats and harassment.  Attorney Moraski documented the abuse with police reports, photographs and video footage outlining the harassment by the next-door neighbor. 
At the end of the hearing, the Judge extended the Harassment Order for one year against the neighbor/Defendant.
Result:  Plaintiff/Client's Restraining Order Granted by the Court.

September 4, 2012
Barnstable District Court

Client, 55 year-old homemaker, was arrested and charges with Operating Under the Influence (OUI-1st Offense).  According to the police report, the Client was traveling through Cape Cod on a Friday night, while on vacation on Labor Day Weekend.  At that time, the Massachusetts State Police had a sobriety check point setup.  When the Client pulled up to the Sobriety Check Point, the Trooper smelled an intoxicating smell of liquor, asked the Client out of the car to perform some field sobriety tests.  The Client did poorly on the tests and then opted to take the Breath Test, and she blew over the legal limit.  Attorney Moraski represented the Client in Court and was able to persuade the Judge hearing the case to Continue the Client's case Without a Finding over the Prosecutor's objection.  The Client was then eligible to obtain her Hardship License three (3) business days later.  After the successful completion of her probationary period, the Client's record will be protected, reflecting a dismissal of the charge.
Result:  Case Continued Without a Finding, Client Eligible for her Hardship License, After Successful Completion of Probation, Case will be Dismissed.


August 27, 2012
Lynn District Court

Client, 43 year-old Nurse, was charged with Assault and Battery and the case was scheduled for a Clerk's Hearing.  It was alleged that both parties bot into a physical altercation.  At the hearing, Attorney Moraski was able to persuade the other side to drop the charges, since it was possible that both parties could have criminal complaints issued against them.  After the hearing, no criminal complaints were issued.
Result:  Case Dismissed.

August 23, 2012
Salem District Court

Client, 22 year-old College Graduate (at time of the arrest) now working in the Finance Field, was arrested and charged with Keeping a Disorderly/Noisy House.  The police alleged the the Client and his college roommates, at the time, were disturbing the peace and quiet of a neighborhood located near Salem State University.  According to the police report, on numerous occasions the police had responded to the house because of loud parties, loud music, fighting and underage drinking.  The neighbors were being kept up at all hours of the night because of the tumultuous activities that were taking place.  Attorney Moraski was able to work with the Police Prosecutor handling the case and assure him that his client was no longer living in the house and graduated from Salem State University and had obtained a good paying job.  Attorney Moraski was able to protect his client's record and make sure that he was able to stayed employed, by being able to pass a CORI check.    The Client only needs to refrain from any further arrests or charges and the case will be dismissed in six months.
Result:  Case Dismissed.


August 17, 2012
Haverhill District Court

Client, 25 year-old entrepreneur, was arrested and charged with Operating Under the Influence of Liquor (OUI - 2nd Offense).  Attorney Moraski was able to get the OUI (2nd Charge) Dismissed on a previous Court Date.  Now Attorney Moraski made a Motion to the Court to have his Client's License Immediately Restored by the Registry of Motor Vehicles (RMV).  The Motion and Order was allowed by the Court.  The Client refused the Breath Test at the time of his arrest and the Client had refused the Breath Test when he was initially arrested for his 1st OUI Charge.  The Client was facing a 2 Year Loss of License.  Attorney Moraski was able to get the Client's License Reinstated Immediately.
Result:  2 Year Loss of License Avoided, Client's License Immediately Restored.

August 17, 2012
Haverhill District Court (Restraining Order, Represented the Defendant)

Client, 32 year-old Loan Consolidation Specialist, had a Restraining Order taken out against him by his ex-girlfriend.  The Client and his ex-girlfriend had a child in common and the ex-girlfriend was seeking to have him removed from his own house, that had been in his family for three generations.  The Restraining Order Hearing was conducted as a full evidentiary hearing.  During Attorney Moraski's cross-examination of the Plaintiff (ex-girlfriend) he was able to illicit that the Plaintiff had a drug problem, did not work, did not contribute to the household bills and that the Defendant never threatened her.  Additionally, Attorney Moraski called three witnesses who testified about how the ex-girlfriend was the abusive one in the relationship.  At the end of the hearing, Attorney Moraski was able to save the Client from having to vacate his own house and the Client was able to obtain a stay away order from the Plaintiff.
Result:  Client was able to Remain in his House and obtained a Stay Away Order from his Ex-Girlfriend/Plaintiff.

August 13, 2012
Peabody District Court

Client, 53 year-old Real Estate Agent, was arrested and charged with an OUI (2nd Offense).  The Client was subsequently placed on probation for two years and had to complete a 14-day inpatient program as part of his probation.  The Client was in Violation of his Probation for not completing the program in the allocated amount of time.  The Client hired Attorney Moraski to represent him at his Violation of Probation Hearing.  At the Hearing, Attorney Moraski was able to persuade the Judge hearing the case, to give the Client additional time to complete the inpatient program, instead of going to Jail.  The Client had a suspended sentence hanging over his head, so if Attorney Moraski was not able to persuade the Judge to reprobate his Client and give him additional time to complete the program, the Client would have faced 6 Months in Jail.
Case Result:  Client Reprobated and Avoids Jail Time.

August 8, 2012
Salem District Court

Client, 25 year-old Construction Worker, was arrested and charged with Leaving the Scene of Personal Injury (Felony Charge) and Negligent Operation of a Motor Vehicle.  The police alleged that the Client was driving on a public way, when he collided with a garbage truck.  In the process of colliding with a garbage truck, the Client pinned a sanitation worker between the garbage truck and his car.  After realizing that the Client struck the worker, he reversed his car and said he would pull into the adjacent parking lot to exchange the necessary paperwork.  According to the police report, instead of pulling into the parking lot the Client fled the scene.  A patrolman working a traffic detail stopped the Client a couple of streets over from where the accident took place.  The Sanitation worker was hurt during the accident.  Attorney Moraski was able to negotiate with the prosecutor handling the case, and was able to work out a disposition that put the Client on Probation instead of going to Jail.  In addition, to working out an agreed disposition with the prosecutor, Attorney Moraski persuaded the Judge to give his Client probation because of the strides he made at his job, his education, and ties to the community.  The Client ended up pleading Guilty to the Charge of Leaving the Scene of Personal Injury and in lieu of his plea the Charge of Negligent Operation was Dismissed.
Case Result:  Client Received Probation Instead of Jail Time.

August 2, 2012
Salem District Court

Client, 49 year-old Medical Aesthetician, was arrested and charged with Operating Under the Influence of Alcohol (OUI-Liquor).  The police alleged that the woman was driving down a public way in Salem, when she lost control of her vehicle and smashed into a parked car because she was under the influence of alcohol.  The arresting officer also noted in his police report that the Client smelled of alcohol, slurred her speech when speaking, had trouble retrieving her license, and had bloodshot and glassy eyes.  Attorney Moraski and his Client opted to take this case to trial.  At trial, Attorney Moraski cross examined the arresting officer about the fact that his client was emotional and crying after the car accident occurred.  Also, during the Attorney Moraski's cross examination of the officer, he admitted that crying would cause one's eyes to become glassy and possibly cause the redness.  In addition, the officer admitted that accidents can happen to anyone, even sober drivers.  It was also pointed out on Attorney Moraski's cross examination that the Client was able to retrieve her license from her wallet, which was inside her purse and the reason why it took a little extra time was because the purse was so big.  At the conclusion of the trial, the Client was found Not Guilty.  The refused the Breath Test at the time of her arrest, so her license was suspended for 180 Days.  Attorney Moraski was able to take the case to Trial 60 Days after the Client's arrest.  Following the Trial, Attorney Moraski made a Successful Motion to the Trial Judge who heard the case, that his Client's License be immediately restored by the Registry of Motor Vehicles (RMV). 
Case Result:  Not Guilty, Client's License Immediately Restored after Trial.  The Client only lost her license for 60 Days, even though she did not take the Breath Test.

July 26, 2012
Lynn District Court

Client, 34 year-old Law School Student, was charged with Negligent Operation of Motor Vehicle.  The police alleged that an unmarked police cruiser was driving on a public way in Swampscott, when the Detective came to a four-way intersection the client was taking a left in the intersection and almost struck the Detective's cruiser.  According to the police report, after cutting the corner sharply, the client then had some harsh words with the female Detective about her driving, and then suddenly pulled away sharply, almost striking the rear of her cruiser.  It should be noted that the Client vehemently disagreed with the Detective's version of the facts on how the traffic incident actually occurred, did not know that the female was a Detective (since she was a plain clothes Detective and was in a unmarked cruiser) and stated that it was because of the Detective's careless driving and rolling through a stop sign, that an accident almost ensued.  Once Attorney Moraski was hired by the client, the client went to the Lynn District Court and asked for a Clerk's Hearing.  The client took multiple video clips and pictures of the intersection, that depicted how cars routinely roll through the stop sign when making a right hand turn (just like the Detective's unmarked cruiser did) on the day the Client was charged.  On the day of the hearing, Attorney Moraski was able to speak to the police prosecutor handling the case for the police department and was able to come to an arrangement where probable cause did not issue regarding the Negligent Operation of a Motor Vehicle Charge.
Result:  Case Dismissed.

July 23, 2012
Salem District Court

Client, 64 year-old Apartment Superintendent, was arrested and charged with Domestic Assault and Battery.  The Police alleged that Client got into a physical altercation with his daughter, by pushing her by the shoulders and then placing his hands around her neck area, during a Domestic Dispute.  When Attorney Moraski was hired by the Client he conducted an investigation into the facts that happened that night by speaking with the Client's daughter and looking into her background.  Attorney Moraski discovered that the Client's daughter had been out drinking that night with her boyfriend and was also abusing illegal narcotics before she came home and the altercation took place.  Additionally, that the daughter was actually a victim of Domestic Abuse, because of the abuse she was suffering at the hands of her boyfriend, rather than her father and admitted that she may have attacked her father, as opposed to her father attacking her.  On the day of trial, Attorney Moraski successfully litigated a Motion to Dismiss, because of the facts that were discovered during Attorney Moraski's investigation of the case.
Result:  Case Dismissed.

July 19, 2012
Salem District Court

Client, 24 year-old Student, was arrested and charged with Larceny Over $250 (Felony Charge).  The Police alleged that the Student was working at her college mail room that she began tampering with other student's mail.  The police conducted an investigation into the matter, setting up surveillance cameras throughout the college mail room work area.  However, the police were not able to catch the Student on camera, but subsequently brought her in for questioning regarding the mail room thefts.  During the questioning, the Student allegedly admitted that she rummaged through other students mail and took money, checks, gift cards and gifts that did not belong to her, while working at the college mail room.  Attorney Moraski investigated the matter and then filed a Motion to Suppress the confession because of the coercive tactics used by the police officers to get the Student to confession.  On the day the Motion Hearing was scheduled to be heard,  Attorney Moraski was able to persuade the prosecutor to recommend pre-trial probation for three months and to make restitution for the money that was allegedly taken. The Client only needs to make restitution for the items that were taken and to refrain from any further arrests or charges and the case will be dismissed in three months.
Result: Case Dismissed

July 18, 2012
Newburyport District Court (Restraining Order, Represented the Plaintiff)

The Defendant Filed Motion for Reconsideration on a previous Restraining Order that had already been issued.  Attorney Moraski represented the Mother/Plaintiff who filed the Restraining Order on behalf of her 6 year-old child.  At the Restraining Order Hearing, Attorney Moraski presented the Court with medical records that showed the father had left marks on the child, when he picked-up his minor child roughly by his shirt, ripped the child's shirt in the process and then towel whipped the child with the shirt afterwards.  After the hearing, the Judge extended the Restraining Order in the Plaintiff's favor, for an additional year.
Result: Restraining Order Successfully Extended One Year for the Plaintiff.

June 28, 2012
Salem District Court

Client, 50 year-old, Carpet Installer, was arrested and charged with Carrying a Dangerous Weapon (Felony Charge), Negligent Operation of a Motor Vehicle, Possession of an Open Container of Alcohol in a Motor Vehicle, Operating Under the Influence of Alcohol (2nd Offense) and Possession of a Class A Substance, Subsequent Offense (Felony Charge).  The Police alleged that the Defendant was speeding on Route 1, and after they pulled over the Defendant for speeding they determined he was under the influence of alcohol.  During the traffic stop, the police searched the Client's car and found a large knife and 105 pills which they believed to be Oxycontin.  Attorney Moraski met with his Client shortly after his arraignment and learned that the pills were breath mints and not Oxycontin.  Attorney Moraski made sure to wait for the Drug Certificate to come back, before doing anything else on the case, and sure enough the Drug Certificate came back negative.  Attorney Moraski then negotiated with the prosecutor handling the case to drop the Drug Charge, Dangerous Weapon Charge, Negligent Operation Charge and Civil Driving Infraction Charges.  The Client then plead out to an OUI
Result:  Dangerous Weapon Charge (Dismissed), Negligent Operation Charge (Dismissed), Possession of Class A Substance Charge (Dismissed), Civil Infractions (Not Responsible), and OUI (2nd) Offense Charge, Client is put on Probation and avoids Jail Time.   

June 22, 2012
Essex Probate & Family Court (Restraining Order, Represented Defendant)

Client, 50 year-old, Homemaker, after an initial Restraining Order Hearing where she represented herself, Pro-Se, was ordered by the Court to not contact her child, not abuse her child and stay away from her child with no visitation.  Attorney Moraski was then hired subsequently by the Client and he filed a Motion to Amend the initial Court Order.  Attorney Moraski represented the Client at the Motion to Amend the Restraining Order Hearing, and successfully got his Client contact with her thirteen year old child.
Result:  Defendant/Mother Allowed to Contact her Child

June 21, 2012
Salem District Court

Client, 21 year-old Restaurant Worker, was arrested and charged with Malicious Destruction of Property Over $250 (Felony Charge) and Assault and Battery.  Police alleged that two roommates were involved in a brawl with each other.  During the brawl, the apartment that they rented was destroyed, causing significant damage to the structure and fixtures.  Attorney Moraski worked with his client to make sure that all of the damage was repaired to the apartment.  After the damage was repaired, Attorney Moraski was able to persuade the prosecutor handling the case to Dismiss both Charges against his Client, with minimal Court Costs.
Result:  Both Cases Dismissed.

June 21, 2012
Newburyport District Court  (Restraining Order, Represented the Plaintiff)

Client, 30 year-old Registered Nurse, filed a Restraining Order on behalf of her 6 year-old minor son, because of alleged abuse by the child's Father.  A Hearing was then conducted where Attorney Moraski represented the rights of the son, on behalf of the Mother.  During the Hearing, evidence was presented that showed the Father became enraged at his minor son, grabbed him by his shoulders, ripping his shirt and then taking off his son's shirt and towel whipping him with it.  After the evidence was presented to a Judge, the Restraining Order was extended for one year, ordering the Father not to Abuse his child or Contact his Child, until Amended by a Probate and Family Court Judge.
Result:  Restraining Order Successfully Extended One Year for Plaintiff.

June 18, 2012
RMV Hearing

Client, 48 year-old, Homemaker and Avid Volunteer, had her license suspended indefinitely for four driving offenses within a 3 month period, in addition to being deemed an immediate medical threat by the Southborough Police Department.  Attorney Moraski consulted with his Client and his Client's physician.  After speaking with the Client's Physician and making sure she was medically clear to operate a motor vehicle, Attorney Moraski had the Physician fill out the necessary RMV paperwork.  Attorney Moraski represented his Client at the RMV Hearing and presented the RMV Hearing Officer with all of the necessary paperwork showing the Client was medically cleared to drive and showing the Hearing Officer the prejudice that existed between his Client and the Southborough Police Department.  After a full RMV Hearing, his Client's License was fully restored.
Result:  License Fully Reinstated.

June 11, 2012
Salem District Court

Client, 49 year-old Paint Store Manager, was arrested and charged with Assault & Battery Dangerous Weapon (Felony Charge).  The Police alleged that two men started fighting over a money dispute, an argument then ensued, that then turned physical.  During the physical altercation, police alleged that the Client pulled a knife and attacked the other man.  Attorney Moraski scheduled the case for Trial.  On the day of Trial, Attorney Moraski negotiated with the Prosecutor handling the case for the Commonwealth of Massachusetts, and got the prosecutor to amend the charge to a Simple Assault (Misdemeanor Charge) and Continue the Case Without a Finding for 3 months.  Now the Client will have three (3) months of unsupervised probation and once he successfully completes his probationary period, his record will remain clean.
Result:  Case Dismissed, Upon Successful Completion of Probation.

May 21, 2012
Lowell District Court

Client, 35 year-old Finance Supervisor, was arrested and charged with Negligent Operation of a Motor Vehicle, Failure to Stop for a Police Officer, Marked Lanes Violation and Speeding.  The Police alleged that the Client did not stop for a Police Officer who was conducting Radar and who attempted to pull the Client over for speeding.  Police further allege that once the Police Officer gave chase of the Client that he took off at a high rate of speed, well over 90 m.p.h. on a motor cycle while weaving and darting in and out of traffic.  The Police alleged that the chase went on for about 4-5 miles, when they were finally able to apprehend the Client.  Attorney Moraski was able to negotiate with the prosecutor handling the case and show the prosecutor all of the positive attributes that his Client possessed as a Finance Supervisor for a prestigious company.  Attorney Moraski was able to Continue the Negligent Operation of a Motor Vehicle Charge Without a Finding, Dismiss the Failure to Stop for a Police Officer, and a finding of Not Responsible on the Speeding and Marked Lanes Violation (protecting the Client's Driving Record and Insurance Costs).  Now the Client will have six (6) months of unsupervised probation and once he successfully completes his probationary period, his record will remain clean and his Driver's License will not be suspended.
Result:  Case Dismissed, Upon Successful Completion of Probation and No Driver's License Loss.

May 18, 2012
Haverhill District Court

Client, 25 year-old entrepreneur, was arrested and charged with Operating Under the Influence of Liquor (OUI - 2nd Offense).  Police alleged that the Client was found in his driveway Operating a Motor Vehicle while Under the Influence of an intoxicating liquor.  The Client refused to take any Field Sobriety Tests or a Breath Test.  Attorney Moraski subsequently filed a Motion to Dismiss because the Client was not arrested while traveling upon a public way or where members of the public had access to.  On the day the Motion was to be heard by the Judge, Attorney Moraski was able to convince the prosecutor handling the case for the Commonwealth of Massachusetts that his Client was not traveling on a public way when the arrest occurred.  The prosecutor agreed to dismiss the case upon payment of a court cost.
Result:  Case Dismissed.

May 15, 2012
Salem Juvenile Court

Client, 14 year-old girl, was arrested and charged with Assault and Battery (Domestic).  The Police alleged that the Client had an argument with her mother, that then turned physical, with hair grabbing and pushing.  Attorney Moraski then met with his young Client and urged her to take out a Civilian Complaint, because the young girl was assaulted during the attack, by her mother.  Once Attorney Moraski's client took out a complaint because she was the victim of the case, the child's mother no longer wanted to pursue the Assault and Battery case.  Subsequently, Attorney Moraski was able to persuade the prosecutor handling the case, to Dismiss the Case.
Result:  Case Dismissed

May 14, 2012
Peabody District Court

Client, 19 year-old car technician, was arrested and charged with Distributing Class D Drugs in a School Zone (which carries a Minimum Mandatory 2 Year Jail Sentence), Possession of Class A Drug and Operating Without a License.  The police alleged that the Client was driving without a valid Driver's License, so that's initially why they arrested him.  After arresting Attorney Moraski's Client the police conducted an inventory search of the motor vehicle where they found ten (10) individually bags of marijuana, a drug scale and baggies used to package drugs.  On the day of trial, Attorney Moraski was able to convince the prosecutor to drop the school zone charge because the Commonwealth did not have the necessary elements to meet the school zone.  Attorney Moraski's Client was able to avoid a Minimum Mandatory 2 Year Jail Sentence and received a Suspended Sentence with Probation.  Now Attorney Moraski's Client just needs to avoid criminal activity for the next year and he'll never spend a day in prison.
Result:  School Zone Charge (Dismissed), Operating Without a License (Dismissed), Possession of Class A (Dismissed), Intent to Distribute Class D (Suspended Sentence, Probation, No Jail Time).

May 8, 2012
Salem District Court

Client, 48 year-old homemaker, was arrested and charged with Being Present Where Heroin is Kept.  The police alleged that during a search of a car in which the client was driving that they found a substance believed to be Heroin located in the front passenger's seat.  Also, the police alleged they found drug paraphernalia in the front passenger seat, which contained a substance they believed to be Heroin.  Attorney Moraski filed a Motion to Dismiss for lack of Probable Cause because the Client was not the passenger in the car and a Motion to Dismiss because the Commonwealth could not prove that the controlled substance was indeed Heroin.  The Court allowed Attorney Moraski's Motion to Dismiss.
Result:  Case Dismissed.

April 23, 2012
Newburyport District Court

Client, 55 year-old welder, was arrested and charged with Operating Under the Influence of Liquor and Operating to Endanger (Negligent Operation).  The police alleged that the client was swerving all over the road prior to being pulled over.  After they pulled her over, the police gave her Field Sobriety Tests, which the client failed according to the Officer's account.  After the client was arrested she was given a Breath Test which registered .10% BAC.  Attorney Moraski was able to negotiate with the prosecutor to drop the Negligent Operation Charge and Continue the Operating Under the Influence of Liquor Charge Without a Finding.  After the Client completes a successful probationary period, with an alcohol education class, the client's record will show a dismissal for the OUI Charge.  The Client will be eligible to receive a Hardship License from the RMV, within three (3) business days.
Result:  Both Cases Dismissed, Client Eligible for Hardship License

April 20, 2012
Boston Municipal Court
Roxbury Division

Client, 35 year-old IT worker for a law firm, was charged with Operating After Suspension, Operating After a Suspended Registration and Compulsory Insurance Violation.  The Client was charged back in 2003.  After being charged, the Client moved out of the state and was in warrant status since August 2003.  When the Client contact Attorney Moraski was able to speak with the prosecutor who was handling the case and convince the prosecutor to dismiss all of the charges with $100 Court Costs.  Attorney Moraski then brought a Motion forward in Court, asking the Court to Waive his Client's Appearance and Dismiss all three Charges.  The Motion was allowed by the Court and Attorney Moraski's client never even had to leave his house, let alone fly across the country, to have all of the charges dismissed.  The Client is now eligible to renew his Driver's License and move on with his life.
Result:  Case Dismissed.

April 20, 2012
Salem District Court

Client, 23 year-old Veterinarian Technician, was arrested and charged with Possession of a Class B Substance (Ecstasy).  About four months later, the Client was charged with Operating After Suspension and Compulsory Insurance Violation.  When the Client hired Attorney Moraski he was extremely worried that a conviction would mean termination from his place of employment.  Attorney Moraski was able to persuade the prosecutor to recommend pre-trial probation for six months, regarding both cases.  The Client only needs to refrain from any further arrests or charges and the case will be dismissed in six months.  The Client was able to keep his record clean and his job.
Result:  Both Cases Dismissed.

April 19, 2012
Lynn District Court

Client, 73 year-old retiree, was arrested and charged with Assault and Battery, on a person over the age of 60 (Felony Charge).  The police alleged the Client and complaining witness were consuming alcohol, when the Client allegedly became aggressive scratching the complaining witness's face with her fingernails.  The police also alleged that there was blood found in the apartment.  On the day of trial, Attorney Moraski litigated a Motion to Dismiss, which was allowed by the Court.
Result:  Case Dismissed.

April 17, 2012
Salem District Court

Client, 37 year-old Executive Chef, was arrested and charged with Domestic Assault and Battery.  The police alleged that deaf woman was pushed by the Client down a flight of stairs, where she received abrasions on her knees and arms.  Attorney Moraski subsequently investigated the facts of the case and later learned that the female was highly intoxicated.  The female did not remember exactly what happened and whether she was actually pushed or just fell because she was intoxicated.  Attorney Moraski then litigated a Motion to Dismiss, which was allowed by the Court.
Result:  Case Dismissed.

April 10, 2012
Salem Juvenile Court 

Client, 12 year-old boy, was charged with Malicious Destruction of Property Over $250 (Felony Charge), back in May 2010.  Police alleged the Client became enraged at his social worker and during their meeting that the Client picked up a pipe and struck the social worker's car approximately 15 times, causing severe damage.  The boy was charged by the police.

In December 2011, the Client was charged again for Malicious Destruction of Property Over $250 and Domestic Assault and Battery.  Police alleged the Client (now 14 years-old) became enraged and upset in a counseling session and that he jumped up on a table and smashed a chair on the table.  Police further alleged that during the Client's fit of rage that he assaulted his mother while she was attempting to calm him down. 

Attorney Moraski was able to show the prosecutor handling the case that the Client was in a bad school environment where he was being bullied and not properly challenged.  Attorney Moraski was able to negotiate a deal with the Prosecutor for pre-trial probation for one year, while remaining in therapy, and going to school. The Client only needs to refrain from any further arrests or charges and all three cases (20 charges) will be dismissed in one year.  This is a success story, where the Judge and Court Staff, after hearing of the strides and improvements the Client made while his cases where pending, stood up and applauded the Client, when the case was concluded. 
Result:  3 Cases, 20 Charges: Dismissed.

April 9, 2012
Salem District Court

Client, 23 year-old college student, was arrested and charged with Malicious Destruction of Property Over $250 (Felony Charge) and Disorderly Conduct.  The police alleged that two males were outside of a local store throwing chairs and tables.  After witnesses came outside to identify the male parties, they took off running down the street where they were seen kicking a car and then smashing a front window of the car.  Attorney Moraski then filed and argued a successful Motion to Dismiss and as a result both charges were dismissed.
Result:  Case Dismissed.

April 6, 2012
Cambridge District Court

Client, 32 year-old engineer, was arrested and charged with Operating Under the Influence of Liquor (2nd Offense).  The Client was suspected of having an out-of-state conviction for DUI/OUI.  Attorney Moraski negotiated with the prosecutor handling the case and convinced him to charge the Client with an OUI (1st Offense).  Attorney Moraski was then able to persuade the Judge to give his Client a Continuance Without a Finding, even though his Client had numerous driving offenses on his record.  The Client entered into an alcohol education program and was able to get his hardship license three (3) business days later. 
Result:  2nd Offense OUI, Reduced to 1st Offense OUI, Client Eligible for Hardship License

April 2, 2012
Lynn Juvenile Court

Client, 11 year-old girl, charged with Assault with a Dangerous Weapon (Felony Charge).  The police alleged the Client threatened another classmate with a knife and told the fellow classmate she would do physical harm to him.  Attorney Moraski did an investigation into the facts and found out that his client was being bullied by the other classmate and acted in self-defense.  On the day of trial, Attorney Moraski litigated a successful Motion to Dismiss, which was allowed by the Court. 
Result: Case Dismissed.

March 29, 2012
Salem District Court

Client, 55 year-old metal fabricator, was arrested and charged with Operating Under the Influence of Alcohol (2nd Offense).  The Client was charged with having an in-state conviction for DUI/OUI. Attorney Moraski negotiated with the prosecutor handling the case and convinced him to charge the Client with an OUI (1st Offense). Attorney Moraski was then able to persuade the Judge to give his Client a Continuance Without a Finding, even though his Client had a Breath Test result of over three times the legal limit and there was an accident involved. The Client entered into an alcohol education program and was eligible to get his hardship license three (3) business days later.
Result: 2nd Offense OUI, Reduced to 1st Offense OUI, Client Eligible for Hardship License

March 26, 2012
Waltham District Court  (Restraining Order, Represented the Plaintiff)

Client, 30 year-old nurse, was seeking an extension of a Harassment Prevention Order.  The Court had previously issued an extension of the Harassment Prevention Order after a 6 witness hearing, back in November 2011.  The Defendant in the Order was alleged to have thrown rocks at the plaintiff, while she was with her 6 year-old son.  Additionally, it was alleged that the Defendant had threatened Attorney Moraski's client on numerous occasions.  After a hearing, the Court extended the Harassment Prevention Order for another three (3) months.
Result:  Client's Restraining Order was Extended

March 20, 2012
Salem District Court

Client, 29 year-old construction worker, arrested and charged with Assault with a Dangerous Weapon (Felony Charge) and Assault and Battery.  The police alleged the Client threatened his ex-girlfriend with a knife and held it in close proximity to her face.  Furthermore, the ex-girlfriend alleged in the police report, that the Client punched her repeatedly on a separate occasion.  After a careful investigation was conducted by Attorney Moraski it was learned that the Assault and Battery took place outside of the Court's Jurisdiction and therefore was Dismissed.  Attorney Moraski was able to persuade the prosecutor to recommend pre-trial probation for six months, regarding the remaining Assault with a Dangerous Weapon (Felony Charge).   The Client only needs to refrain from any further arrests or charges and the case will be dismissed in six months.
Result:  Case Dismissed

March 14, 2012
Salem District Court

Client, 23 year-old man, arrested and charged with Unarmed Robbery (Felony Charge) and Assault.  Attorney Moraski was able to get the Unarmed Robbery Charge reduced to Larceny from a Person, at the Pre-Trial Stage of litigation.  The police alleged the Client used force in order to take $400.00 from his girl friend, by threatening to Kill her if she did not give him the money.  Attorney Moraski was able to persuade the prosecutor to recommend pre-trial probation for one year and to make restitution for the money that was allegedly taken.  The Client only needs to refrain from any further arrests or charges and the case will be dismissed in one year. 
Result:  Case Dismissed

March 12, 2012
Salem Juvenile Court

Client, 12 year-old boy, charged with Malicious Destruction of Property Over $250.00 (Felony Charge). The police alleged the Client smashed a rear windshield and front fender of a motor vehicle. Attorney Moraski investigated the facts of how the damage occurred and made contact with the owner of the vehicle. After restitution was paid to the owner of the vehicle, Attorney Moraski was able to persuade the prosecutor to recommend pre-trial probation for six months. The Client only needs to refrain from any further arrests or charges and the case will be dismissed in six months.
Result: Case Dismissed.

March 8, 2012
Salem District Court

The Client, 27 year-old factory worker, was arrested and charged with Domestic Assault and Battery on a Disabled Person, his brother.  The police alleged that the Client confronted his brother over a money dispute and then an argument ensued, where the Client allegedly grabbed his brother by the sweatshirt and struck him in the face, with an open hand.  Attorney Moraski investigated the facts of the case and later found out that the brother may not have told the police the whole truth of how the incident occurred.  On the day of trial, Attorney Moraski successfully litigated a Motion to Dismiss the case. The Court Allowed Attorney Moraski's Motion to Dismiss and the case was subsequently Dismissed.
Result: Case Dismissed.

March 5, 2012:
Salem District Court

Client, 49 year-old Beverly Man arrested and charged with DUI/OUI Drugs. The Police alleged that Client was under the influence of prescription medication, when he backed his truck into another vehicle. Client subsequently failed four field sobriety tests and was charged with operating under the influence of drugs. On the day of trial, Attorney Moraski litigated a Motion to Dismiss because of the classification of drugs that the Client was charged with. The Motion was allowed by the Court.
Result: Case Dismissed.

February 27, 2012
Lowell District Court  (Restraining Order, Represented the Defendant)

Client, 34 year-old engineer, was accused of threatening the Plaintiff and her family.  After speaking with the Client, Attorney Moraski requested all of the client's phone records, including text messages.  It was then discovered that the Plaintiff was making False Allegations because she was distraught that their dating relationship did not progress to the level she had hoped.  The text messages showed that Attorney Moraski's client was not interested in a dating relationship and was being relentlessly pursued by the Plaintiff.  Attorney Moraski carefully went through the Plaintiff's affidavit and pointed out the inconsistencies with phone records, Facebook postings and text messages.  A hearing was conducted at Court and the restraining order was not extended.
Result:  Client's Restraining Order Terminated.

February 24, 2012
Chelsea District Court

Client, 22 year-old, College Student was arrested and charged with Malicious Damage to a Motor Vehicle (Felony Charge).  The Massachusetts State Police alleged that the Complaining Witness was cut-off by the Client and there were some words exchanged.  Subsequently, the Client is alleged to have gotten out of his car in a fit of "road rage" and punch the driver's side punch out, causing glass to shatter.  The Client allegedly made a full confession to the State Trooper, when questioned about the incident hours later.  Attorney Moraski restitution was paid in full for the broken window.  After making sure the Complaining Witness was compensated for his broken window, Attorney Moraski was able to persuade the prosecutor to drop the charge against the Client.  The Client was able to pursue his education in College, protect his criminal record and pursue future employment opportunities. 
Result:  Case Dismissed.

February 16, 2012
Brookline District Court

Client, 21 year-old college student, was arrested and charged with Operating Under the Influence of Liquor.  After being arrested the Client later took the Breathalyzer and was found to be over two times the legal limit.  Attorney Moraski was able to persuade the Judge to give his Client a First Offenders disposition and Continue the case Without a Finding.  After enrolling in an alcohol education program, the Client will be eligible to receive a hardship license, within three (3) business days.
Result:  Case Continued Without a Finding, Client received Hardship License

February 10, 2012
Boston Municipal Court
West Roxbury Division

Client, 45 year old Regional Maintenance Supervisor, hired Attorney Moraski to Seal his Record. The Client needed his record sealed because his company just obtained a Government Contract and now the FBI would be doing a Level 2 background check on all employees. However, the Client's record was not eligible to be sealed because it was not properly "aged out" 10 years for a Misdemeanor Charge. Attorney Moraski then litigated a Nunc Pro Tunc Motion, which asked the Court to change the Disposition Date from November 25, 2011 to November 2, 1999. Attorney Moraski was able to convince the Judge that his Client had reformed his life and was now a productive member of society, who would lose his job if the Client was not able to seal his record. After Attorney Moraski's argument, the Court allowed his Motion over the Commonwealth's objection. Attorney Moraski then successfully sealed his Client's record through the Massachusetts Commissioner of Probation two weeks later.
Result: Successful Sealing of Client's Record

January 19, 2012
Woburn District Court

Client, 45 year-old computer technician, was arrested and charged with Domestic Assault and Battery, with a Dangerous Weapon (Felony Charge). The police alleged that Client got into a fight with his brother and subsequently attacked his brother with the shovel, slashing his brother's face. Attorney Moraski persuaded the prosecutor to recommend pre-trial probation for six months. The Client only needs to refrain from any further arrests or charges and the case will be dismissed in six months.
Result: Case Dismissed.

January 10, 2012:
Peabody District Court

Client, 30 year-old warehouse worker, was arrested and charged with Operating Under the Influence of Alcohol (OUI-Liquor). Police alleged that Client had operated his vehicle while under the influence of Liquor and that Client had crashed into a cemetery stone. Police further alleged that the Client failed all three sobriety tests after the crash. Attorney Moraski took the case to Trial. At trial, after a meticulous cross-examination by Attorney Moraski it was parsed out that his Client actually passed the one-legged stand, Field Sobriety Test, which was considered the hardest of the three tests that were given to the Client.  Also, the Alphabet Test that was given to the Client, the Officer failed him because he said one letter of the alphabet twice.  In the jury, evidence was shown to the jury that the reason why the Client repeated the letter twice was because the Officer indicated through a hand gesture that he could not hear the Client.  In addition, when the Client was found in the Cemetery he was changing his tire and was just about through with the tire change, when the Police Officers arrived.  Attorney Moraski went through with the Police Officer what it takes to change a tire, so the jury could get a demonstration of just how tough it is to change a tire.  In his closing argument to the jury, Attorney Moraski stated, "If you can change a tire, you are alright to drive a car."  The jury deliberated for approximately five minutes and came back with a Not Guilty.
Result: Not Guilty.

January 4, 2012
Peabody District Court

Client, 17 year-old high school student, was arrested and charged with Conspiracy to Violate the Drug Laws, Breaking and Entering, Trespass and Disturbing the Peace.  The police alleged that the Client and 3 other individuals, broke into one of the co-defendant's father's house to have a party.  Eventually, a neighbor called the police because of a noise complaint and the police entered the house.  When the police entered the house they conducted a search of the house and defendants' persons, where they found:  cocaine, marijuana, drug scale and money.  Attorney Moraski filed a Motion to Dismiss and Motion to Suppress.  After an evidentiary hearing both Motions were allowed by the Court and all four charges were dismissed by the Court.
Result:  Case Dismissed.

2011 CASE RESULTS:

December 8, 2011
Salem District Court

Client, 43 year-old woman, was arrested and charged with Possession of Heroin (Class A Controlled Substance) and Possession of Cocaine (Class B Controlled Substance). Police allege that they responded to a Domestic call and in the process of doing a safety check they entered the Client's home. After the Police entered the Client's home they found both Heroin and Cocaine in plain view in the Client's living room. Attorney Moraski took the case to trial and cross examined the arresting Police Officer. During Attorney Moraski's cross-examination the fact that there was another male who appeared to be under the influence of narcotics who was found in the same room as the drugs was discovered. After hearing all of the evidence, the Client was found Not Guilty.
Result: Not Guilty.

November 25, 2011
Boston Municipal Court
West Roxbury Division

Client, 45 year old Regional Maintenance Supervisor was charged with Giving a False Name to a Police Officer. The Police Alleged that the Client assumed someone else's identity in order to remain in the Country. The Client had picked up these charges back in 1996 and had been in warrant status ever since. Client then hired Attorney Moraski in the Fall of 2011, when he became aware that he was in warrant status through an employment background check. The Client was now living out of State in Florida. Attorney Moraski made numerous phone calls back and forth with the Assistant District Attorney handling the case. Attorney Moraski was able to provide the prosecutor with ample documentation showing that the Client's identification was the identity that was actually stolen, and that it was a misunderstanding. Once Attorney Moraski had an agreement with the prosecutor to Dismiss the Case, the Client flew up from Florida and walked into Court with Attorney Moraski, removed the outstanding warrant and had a Dismissal waiting for him.
Result: Case Dismissed.

November 25, 2011
Boston Municipal Court
West Roxbury Division

Client, 45 year old Regional Maintenance Supervisor was in warrant status for a Violation of Probation that happened back in 1995. The Client's Probation Officer alleged that the Client left the jurisdiction for Florida while he was on Probation and did not complete the necessary terms and conditions of his Court Ordered Probation. The Client was in warrant status since 1995 and the Client's Probation Officer was looking for the Client to serve jail time because of the fact he fled the jurisdiction and did not report to Probation as Ordered. Attorney Moraski was able persuade the Court that his Client had reformed his life and even though he had technically Violated his Probation, the whole point of Probation is to aid one in rehabilitating his life, and that is what the Client had done on his own. Attorney Moraski provided the Court with dozens Letters of Recommendations from the Client's employment supervisors, co-workers, community groups and from the victim from original charge the Client was put on Probation for in the first place. After showing the Court all of the Documentation, Attorney Moraski was able to convince the Court to Terminate and Discharge the Client's Probation and Remove the Probation Warrant.
Result: Probation Terminated and Discharged, No Jail Time Served.

November 25, 2011
Boston Municipal Court
Roxbury Division

Client, 45 year old Regional Maintenance Supervisor was charged with Two Counts of Larceny Over $250.00 (Felony Charges). Additionally, the Client was in warrant status because the crimes allegedly occurred back in 1995. Immediately after the Client who was living in Florida hired Attorney Moraski, he contacted the Assistant District Attorney handling the matter. Attorney Moraski was able to persuade the prosecutor to Dismiss the cases with Court Costs in the amount that was alleged to have been misappropriated. Attorney Moraski then brought the Client into Court with a deal in place, removed the warrant and had the Client's cases Dismissed with Court Costs.
Result: Both Cases Dismissed.

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