Salinas v. Texas Sets A Dangerous Precedent

The Supreme Court set a dangerous precedent in a ruling on June 17; you have the right to remain silent...at your own risk. Dissidents of the ruling believe that this will promote the type of high-pressure questioning that can induce false confessions.

Salinas v. Texas: Two brothers were shot at their home in Houston, Texas. There were no witnesses and shotgun shell casings left at the scene. The night before the shooting, Genovevo Salinas attended a party at the house. Police spoke to Salinas at the station. They did not arrest him or read him his Miranda rights. Salinas talked to police for an hour, during that time Salinas agreed to give the police his shotgun for testing. When the officers asked Salinas whether the gun would match the shells from the scene of the murder, Salinas stopped talking.

Salinas did not testify at trial, however prosecutors did report his uncomfortable reaction when asked about his shotgun. Salinas argued that his Fifth Amendments rights were violated because he remained silent. In the past, the Supreme Court established that prosecutors weren't able to bring up a defendant's refusal to answer the state's questions. However, Justice Samuel Alito declared that Salinas was "free to leave" and Salinas did not invoke his right to remain silent during questioning. Simply being silent was not enough. Without a lawyer present and without being Mirandized, how would a defendant know to invoke their rights? The court's recent ruling in Salinas v. Texas is dangerous because it can illicit false confessions during informal questioning, whether intentionally or not.

If you have been informally called in to answer a questions by police or have been arrested, do not speak to police without a knowledgeable attorney present. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for an advocate of your rights.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/

What Is A White Collar Crime?

Have you or someone you know been accused of a White Collar Crime? What exactly is a White Collar Crime and what makes it different from other crimes?

White Collar Crimes are a financially motivated nonviolent crimes committed for monetary gain. When we hear this we may think that it's limited to hedge fund managers ands financiers who tried to embezzle and defraud billions. While yes, those are types of white collar crimes, White Collar Crimes aren't simply limited to such a grand scale.

If you filed a false insurance claim you could be facing such charges. Anytime you make an attempt to defraud a business, you are engaging in a White Collar Crime and are subject to the fullest extent of punishment allowed by law. Perhaps you know someone who has defrauded the government out of food stamps, unemployment benefits, taxes. All of these crimes can be committed by anyone.

Often times, people who would otherwise do the right thing find themselves committing White Collar Crimes unknowingly. Make no mistake about it, District Attorneys will pursue white collar criminals with the same vengeance as other crimes. Many times making an example of the defendant to discourage future indiscretions.

If you or someone you know has been accused of a White Collar Crime, don't underestimate what you're up against. The notion that a non violent crime will be remedied with a slap on the wrist is false. Contact Massachusetts White Collar Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 if you have been charged with a White Collar Crime. Your career and freedom may depend on it!

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

New Information On Melanie's Law In Massachusetts

About a year ago, the state Senate voted unanimously to close a perceived loophole in Melanie's Law, the measure intended to crack down on repeat drunk drivers.

A recent Supreme Judicial Court decision said the Registry of Motor Vehicles could not count cases that are "continued without a finding" as convictions in determining what sanctions to bring against repeat drunk drivers. Drivers who acknowledge that they were driving drunk can sometimes have their cases continued without a finding, which means that a judge will suspend their case for a period of time and, if they don't get into further trouble, the charges will be dropped.

This is no longer the case. The State has implemented harsh new restrictions on those who prove to be "repeat offenders." DUI, DWI, and OUI are very serious offenses and if you have more than one, expect to be dealt with in a much stricter fashion than a year ago.
That is why it is imperative to have competent legal counsel who understands DUI laws in the State of Massachusetts. These laws are ever-evolving and simple little changes like the revision in Melanie's law can drastically affect your future. No longer will a judge continue without a finding for a repeat offender. One can expect to face stiffer penalties and jail time in comparison to a first time offender.

If you or someone you know has been arrested for DUI, DWI, or OUI in the state of Massachusetts, don't delay, contact contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200. Only a DUI attorney who understands the complicated process can guide you through this unfortunate time.


Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

What To Do If You Are Accused Of Theft By Your Employer

Have you or someone you know been accused of theft by an employer? This can be a very serious charge. If convicted, one can expect fines, restitution, loss of employment, or jail time. If the charges are serious enough, one can expect to experience all of the above.

The first thing you should do if confronted by your employer with accusations of theft is to stay quiet. Speak to no one, whether it be a manager, supervisor, or the police. Keep quiet until you retain a lawyer.

The difference between going it alone and having legal counsel can mean the difference of you doing hard time-- or paying a mere fine. If an employer accuses an employee of theft, they are subject to the same due-process that you and I are. In others, they too have to "prove it." If you were falsely accused, don't trust that the legal system will uncover the truth. Without legal representation, the burden of proof now lies on you!

They say "a person is innocent until proven guilty in a court of law." This is a half truth. In order to balance the scales of justice, one must be accompanied by a guide who knows the treacherous terrains they refer to as the "legal system."

To ensure your legal rights are protected, call us today for an evaluation of your case. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 if you have been charged with theft in the work place. Your career and freedom may depend on it!

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Does The Fourth Amendment Allow States To Collect DNA From People Arrested, But Not Convicted?

There is a general understanding that when someone is convicted of a serious crime a DNA sample is taken and placed in the National DNA database for use by law enforcement. It is lesser known that police in many states retrieve DNA samples from people who have only been arrested and not convicted of a crime.

The question at hand is: does the Fourth Amendment allow states to collect and analyze DNA from people arrested, but not convicted, of a serious crime?

The practice of collecting DNA samples from arrestees has been brought to the Supreme Court's attention as a result of a Maryland statute. The case involved a DNA sample taken from Alonzo Jay King, Jr. in 2009 after he was arrested. His DNA sample taken matched a sample from an unrelated and unsolved 2003 rape case. King was then convicted of the 2003 rape, in spite of his argument that the collection of his DNA was an unlawful search.

There is a general consensus that a person who has been arrested has a greater right to privacy than someone who has been convicted. Opponents of taking DNA samples from arrestees say that it is a bodily intrusion and should require a search warrant. Advocates argue that there is nothing in one's DNA that discloses anything private. Civil liberty advocates and opponents of the practice both agree that the act of collecting DNA before a conviction increases the risk that errors could occur. In addition to DNA already being susceptible to mislabeling, contamination, and fraud.

It will be up to the Court to find the balance between a person's right to privacy and the needs of law enforcement. This ruling will likely set a new precedence for our country. 

Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 if you have been arrested for, or are under investigation of a criminal matter.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Massachusetts' Social Host Liability Law

A Social Host is a term for someone who furnishes alcohol to another person as an act of hospitality, and who also permits alcohol to be consumed on the property that the host either controls or owns. Social Host Liability means that host may be held liable for injuries suffered by their guests and third parties who are harmed by alcohol served to them as an act of social courtesy. The mere provision of alcohol to underage individuals is a criminal violation.

One Massachusetts mother has been accused of providing alcohol to minors and keeping a disorderly house. During a New Year's Eve party, numerous 17 to 19 year olds were found drinking and smoking marijuana by local police. A report was made to local police that an unconscious male was at the party. After the male was revived the homeowner stated that she had thrown the party for her daughter, age 17. Many of the teens fled but the several remaining were each served with a summons to appear on charges of minor in possession, including the homeowners daughter. The homeowner is currently facing fines and jail time.

Under Massachusetts' social host liability law, a person who provides alcohol or allows it to be consumed by anyone under the age of 21 can face consequences of a $2000 fine and/or imprisonment of up to a year; you could also be found civilly liable. These consequences become much more steep if one's guest leaves the social event and injures or kills someone.

Additionally, a conviction under this statute can have serious consequences resulting in a criminal record or employment issues. The penalties for violating the Social Host Law can be severe and a person facing these penalties needs to employ an attorney with an extensive understanding of the Social Host Law so they may be presented with the best defense possible. If you have been charged with a Social Host violation, immediately contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/

There Are Three Categories Of Sex Offenders In Massachusetts

There are three categories of sex offenders in Massachusetts and it is the Sex Offender Registry Board (SORB) who determines the levels. The SORB is a panel that assigns one of three categories to people who have committed a sex crime. The three categories range from lesser offenses to people who have been convicted of sexually violent crimes or multiple counts. This panel also deals with appeals.

One of the three categories is a Level 1 offender. Level 1 is considered to have a low risk of reoffense and is not considered a danger to the public. Level 1 offender information is not available to the public and police are not allowed to distribute information to the public.

A Level 2 sex offender is considered to have a moderate risk of reoffense and dangerousness. The public has access to a level two sex offender's information through the Sex Offender Registry Board as well as through the local police department.

Level 3 sex offenders are deemed to have a high risk of reoffense in addition to a high degree of dangerousness. Fliers are distributed to the public regarding level 3 offenders. Their information is also available to the public at the local police station and SORB.

Every three years there is an opportunity for a registered sex offender to lower their classification level. The SORB acknowledges that the threat of offense and level of dangerousness changes over time. It is imperative that you have an attorney experienced in these types of hearings, whether you are attempting to lower your level or have received information that the SORB is raising your level.

Going in front of the SORB is one of the most important moments of your life. Depending on your classification, you may be subjected to public dissemination of your criminal history and personal information or not. The difference is having a skilled attorney on your side advocating for you. Each case requires a highly specialized and aggressive defense and not every attorney is knowledgable in this field. Experience is everything!

When dealing with Sex Offender Registry Board matters, contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 for a thorough investigation and defense of your case.

Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/