Did You Know That Telling A Lie Is Against The Law? Well, It Is When It's Regarding A Federal Agent.

If ever you find yourself having to talk to a federal agent it is in your best interest to mind everything you say. It is imperative that you remember the mantra, "I will not answer anything without my attorney present." If an FBI agent asked you where you just came from and you responded "school" because you were nervous and you simply blurted it out, when in fact you didn't have school today, guess what? You are now subject to time in a federal penitentiary.

Title 18, United States Code, Section 1001 makes it a crime to "knowingly and willfully make any materially false, fictitious or fraudulent statement or representation in any matter within the jurisdiction of the executive, legislative or judicial branch of the United States."

Your lie does not even have to be made directly to an employee of the national government as long as it is "within the jurisdiction" of the ever expanding federal bureaucracy. Though the falsehood must be "material" this requirement is met if the statement has the "natural tendency to influence or [is] capable of influencing, the decision of the decision-making body to which it is addressed."

United States v. Gaudin , 515 U.S. 506, 510 (1995). (In other words, it is not necessary to show that your particular lie ever really influenced anyone.) Although you must know that your statement is false at the time you make it in order to be guilty of this crime, you do not have to know that lying to the government is a crime or even that the matter you are lying about is "within the jurisdiction" of a government agency.

United States v. Yermian , 468 U.S. 63, 69 (1984). For example, if you lie to your employer on your time and attendance records and, unbeknownst to you, he submits your records, along with those of other employees, to the federal government pursuant to some regulatory duty, you could be criminally liable.

One can face prosecution for the tiniest of lies or misleadings, even if there is no personal or financial gain to be made. Something as simple as mistaking a time or a date could send you to prison. If you are ever in contact with a federal agent, or any employee of the federal government, refer to your mantra and call Massachusetts Criminal Defense Attorney Paul Moraski.

Massachusetts Drug Lab Scandal Update

The latest news concerning Massachusetts State chemist Annie Dookhan has revealed her close, sometimes inappropriate, relationship with prosecutors. In an effort to trump up charges, Dookhan went as far as altering findings to ensure a victory for the prosecution. It's becoming more apparent that prosecutors and police alike were the beneficiaries of Dookhan's misdeeds.

This is just another revelation that the gross abuse of the legal system has left in its wake a number of broken laws and accomplices. The biggest victim in all of this mess are the people of Massachusetts. Tax payers will have to foot the bill for her indiscretions and countless individuals are wrongfully serving time behind bars, fulfilling her personal vendetta of "getting drug dealers off of the streets."

Emails obtained by the Boston Globe detail Dookhan's last nine years of correspondence with district attorneys. It's clear she views herself as part of a prosecution team. In a series of email exchanges with Norfolk's Assistant D.A., she agrees to increase the amount of marijuana found for the purpose of charging the suspect with drug trafficking. The minimum weight for trafficking is 50 pounds. She far exceeded that number by exaggerating the marijuana's weight to over 80 pounds.

It is daunting to think how many Annie Dookhan's are out there. As long as there are, then our justice system will suffer from their perversion. How can one receive a fair trial when the prosecution isn't playing by the rules? Personal vendettas and playing "God" are two of the justice systems biggest corruptions. It is not yet told how far her deceptive practice has reached but as the trial gets underway it is sure more evidence of tampering and accomplices will emerge.

To date, Attorney Moraski has been filing Motions for a New Trial, Motions to Stay the Execution of a Jail/Prison Sentences, Motions for Post Conviction Discovery Requests and Motions to Withdraw Guilty Pleas. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200, if you believe your drug conviction was jeopardized by improper testing


The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
www.northofbostonlaw.com
www.massdefense.com
www.massdrugdefense.com

Chemist Sends Enormous Ripple Throughout Massachusetts' Legal System

This past September, chemist Annie Dookhan, was arrested for falsifying drug test results. As we discussed in October's blog, her actions have sent an enormous ripple throughout the Massachusetts legal system.

As of today, the state of Massachusetts is forging ahead with a plan to retry every case that Dookhan's actions affected... which in reality is in the tens-of-thousands. Her tenure spans over nine years, and any evidence that came through her lab is now suspect whether or not she specifically handled a case. It is estimated by court administrators that in addition to the 34,000 cases in which she was personally involved, her actions would require that the remaining 102,000 cases that didn't bear her name, but did pass through her lab, also be retried.

You may be wondering the cost of all of this. The cost is becoming more astounding by the day. It is estimated that the preliminary costs could well exceed 30 million dollars. And that is merely the beginning. Many are discouraged with the state of Massachusetts' plan to retry each case. Its cost is staggering and piling on by the day, which is why many feel that it would be much more effective to release the prisoners and reenter them into society. This is a method that Boston Mayor Thomas Menino strongly favors, and one that has proven to work before. He has requested 15 million dollars to fund such a venture. The savings and the results would prove beneficial. If we continue with the status quo, it could cost over 50 million dollars and take more than five years to see through. Many would like to see an outside probe brought in to perform an independent review.

Annie Dookhan's blatant perversion of the law affected thousands of lives and will resonate emotionally and financially for the families and the state for years to come. Now that the elections are over, the state of Massachusetts is mired in the web of calamity that this scandal has presented. Sentiments to rethink the current method are growing.

To date, Attorney Moraski has been filing Motions for a New Trial, Motions to Stay the Execution of a Jail/Prison Sentences, Motions for Post Conviction Discovery Requests and Motions to Withdraw Guilty Pleas. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200, if you believe your drug conviction was jeopardized by improper testing.

The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

DNA Evidence Isn't Always A Slam Dunk For The Prosecution

The Law Office of Paul R. Moraski has recently taken on the case of a 25 year old man from Peabody, Massachusetts who was arrested on the following charges: 1st Degree Murder, Armed Home Invasion, Attempted Armed Robbery and Illegal Possession of a Firearm.

Immediately, when we see or hear the acronym; ‘DNA’ we think of definitive proof, ‘the final answer, ‘the smoking gun’, etc... That isn’t always the case. As a matter of fact, DNA evidence can be, and often is, illegally obtained. In the case of Attorney Moraski’s client, a cigarette butt discarded as part of an undercover investigation that allegedly connected the client to DNA evidence at the crime scene. When such a notion is suggested, the immediate public perception is one of guilt for the accused. However, the client has NO prior criminal record. It is alleged that this was a result of a robbery in which cash and drugs were the target. Statistically, to even plan to engage in such criminal activity, one would likely already have a criminal record. Attorney Moraski’s client does not have an adult criminal record. In fact, he not only has a clean record, he maintained gainful employment and was a junior in College studying to obtain his degree in computer science.

In this case as in many, DNA is being portrayed as the “smoking gun.” In this case, the hat was allegedly left at the crime scene and the hat contained a mixture of DNA, meaning there was more than one person’s DNA found on the hat. Additionally, the hat is purely circumstantial evidence because it only places the hat at the crime scene, not Attorney Moraski’s client.

When faced with criminal charges, it is of great importance that you not only seek legal counsel, but that you have a true understanding of your rights. When threatened with DNA evidence, it is NOT a closed case or a slam dunk for the prosecution. There are many legalities surrounding how and when the DNA was obtained. There are also instances in which DNA, does not conclusively link the accused to the actual crime. For more information on this case and others involving DNA, follow us on Facebook and subscribe to our blog.

If you have been charged with a violent crime or a crime that uses DNA Evidence in the investigation to link you to the crime immediately contact Massachusetts Criminal Defense Attorney Paul R. Moraski at 1-978-744-1200.


The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
www.northofbostonlaw.com
www.massdefense.com
www.massdrugdefense.com

Courtroom Etiquette

First impressions are important, especially when it comes from those around you at your arraignment or trial. It is critical that you understand that your appearance and demeanor in the courtroom are just as influential as the evidence presented. Everyone from the probation officer, the prosecutor, the judge, and especially the jurors will all be taking notice of you while determining your fate.

There are some definite do's and don'ts when it comes to courtroom attire. Your fashion faux pas here won't land you on a worst dressed list, it could land you with a harsher fine or jail time. When dressing for court, think conservatively. Appropriate court attire for women includes a skirt or slacks and a blouse or a dress. Refrain from wearing anything revealing or tight. A closed-toe, low heeled shoe is appropriate. Avoid wearing flashy jewelry. Dress as if you were going to a job interview.

When appearing in court, look well-groomed and professional. Men should wear a suit, if possible. Slacks and a collared shirt will do if you don’t own a suit. Make sure that any visible tattoos are hidden and remove all facial jewelry, this applies to men and women. Unless you’re already in custody and won’t have the opportunity to change, dressing appropriately is important. 

It is imperative that you arrive early to all court dates, 30 minutes early is a good amount of time. By allowing yourself ample time, should an unforeseen situation arise, such as traffic, you will not risk being late. Giving yourself additional time also allows you to become familiar with your surroundings, find parking, and ask me any last minute questions.

Leave your cell phone at home or in your vehicle. This prevents the risk of it accidentally ringing during court. Texting, taking phone calls, taking pictures, or recording is not permitted.

While in court, only speak and respond when asked. When answering a question by the judge, address them as Sir, Ma’am, or Your Honor. Speak in a loud, clear tone and avoid lengthy responses. Be polite. When someone is speaking, do not laugh, sigh, roll your eyes, or make any other noises or gestures. Being in the right frame of mind and being well mannered will show the judge your respect for the court.

The series of court dates you will endure should be treated as the most important thing in your life. It can be the difference between probation and spending years behind bars. If you are unsure if certain dress items or conduct is unacceptable, consult me first. When in doubt, refrain. As your Massachusetts Criminal Defense Attorney, I want to ensure that you receive the best possible outcome during your case. This involves you being a well informed, well prepared, and a well groomed defendant.

What Does Chemist Annie Dookhan's Arrest Mean For Your Case?

Friday, September 28, chemist Annie Dookhan was arrested for falsifying drug tests results. Her actions resulted in countless convictions of people whose freedom depended on the accuracy of these tests. Her arrest has led to the closing of a Massachusetts State lab where she worked for nine years.

Attorney General Martha Coakley said in a news conference, "Annie Dookhan's alleged actions corrupted the integrity of the entire criminal justice system." She went on to add, "There are many victims as a result of this."

Following Dookhan's arrest, roughly 20 defendants have been released while their attorneys challenge the drug charges against them. During Dookhan's nine year career, she tested more that 60,000 drug samples pertaining to 34,000 defendant's cases. Many more defendants are expected to be released in the future.

Dookhan told state police that on occasion she would add cocaine to a negative sample in order to falsify a positive result. She also said that she would take roughly 20 samples and rather then testing them all, only test about five and then list them all as positive. Dookhan forged her co-worker's signatures and lied about having a master's degree in chemistry. State officials found 1,141 defendants who are currently serving time as a result of Dookhan's testing.

Governor Deval Patrick said that people currently incarcerated will be the state's first priority. That will be followed by people who have already served sentences and people awaiting trial. The problem is that the State is not going to do anything for your case or your loved one’s case without his or her attorney pushing for a New Trial, Stay of Execution (whether post conviction or after plea) or a looking into the discovery process after or before a conviction.

Attorney Paul R. Moraski is currently working dozens of cases because of these falsified drug results. Attorney Moraski is taking the approach that any case involving Annie Dookhan is tainted and warrants a new trial. Attorney Moraski is currently filing on the behalf of clients: Motions for a New Trial, Stays of Execution and Motions for Post Conviction Discovery.

Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200, if you believe your drug conviction was jeopardized by improper testing.


The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
www.northofbostonlaw.com
www.massdefense.com
www.massdrugdefense.com

Hit and Run: A Criminal Offense

Being involved in a car accident is always unpleasant and can often lead to more complicated issues, but how you handle the immediate aftermath is paramount. In some cases of hit and runs, the person at fault may flee the scene due to a number of reasons that can include: no insurance, no license, suspended license, being intoxicated, or even to simply avoid any fines. Sometimes, however, the driver may panic and flee the scene when another person, or persons, may have been injured - even fatally so.

Car accidents, or the events leading up to the accident are more often considered civil than criminal. If negligence is found that results in the injury of another person, many states follow through with a criminal charge.

Colliding with another person or object, then fleeing the scene is immediately considered a criminal offense and if a fatality occurs, the driver could be charged with vehicular manslaughter, in addition to a number of charges related to fleeing the scene of a crime. That's why it is extremely important to always remain at the scene of the accident, no matter who is at fault.

Individuals convicted of a criminal charge can also then be sued in civil court for damages relating to the loss of a loved one, stacking the amount of damages one occurs after fleeing the scene exponentially.

Always remain calm and collected when the incident occurs and be sure to contact Massachusetts Criminal Defense Attorney Paul Moraski if you believe the accident includes a criminal charge.


The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
www.northofbostonlaw.com
www.massdefense.com
www.massdrugdefense.com