The New CORI Reform And How It Can Help You

On August 6th, 2010, Governor Patrick signed into law Chapter 256 of the Acts of 2010, also known as CORI Reform which made significant changes to the CORI law. The new provisions of the reform went into effect on May 4, 2012.

CORI stands for Criminal Offender Record Information.

When a person is charged with a crime, it is documented on a permanent record. That documentation remains forever whether the charges are dismissed, you are found not guilty after trial, or you are sentenced to prison. It is permanent unless you file a motion to have your record sealed.

Previous to the changes of the CORI Reform, one of the conditions for sealing your CORI was that 10 to 15 years had to pass since the end of the probation of the prison sentence. The new law shortens these waiting periods to 5 years for a misdemeanor and 10 years for a felony. In addition to the waiting period, you cannot have been found guilty of any criminal offense during that waiting period. The exception to this rule are motor vehicle offenses in which the penalty does not exceed a fine of $50.

While Abuse Orders and Harassment Orders are considered misdemeanors for the purpose of sentencing, under the new law these crimes are considered felonies for the purpose of sealing. Any person with a conviction of these crimes will now have to wait 10 years to seal their record, rather than the typical 5.

The change to the law also includes an employers ability to now receive CORI information over the internet for the first time ever. Employment applications are now prohibited from questioning someone’s criminal record, however, a potential employer can verbally ask this question during a job interview. This is a way of giving an ex-offender a greater chance of obtaining a job.

The reform of the new CORI law means that prior charges will become eligible for sealing. Sealing is an area of the law that is largely misunderstood, so the best way to determine if your record can be sealed is to work with an attorney that has experience in filing motions or petitions to seal your record and also understands what needs to be done in order to increase your chances of sealing your records in the Commonwealth of Massachusetts.

Do not hesitate to contact Massachusetts Attorney Paul R. Moraski for more information, at 1-978-744-1200.

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

Your Fourth Amendment Rights

The Fourth Amendment of the United States Constitution gives us all the right to be protected against unreasonable searches and seizures. It also provides a buffer between citizens and the intimidating power of law enforcement.

Implemented during the American Revolution, the Bill made it so that law enforcement officers must acknowledge only the evidence pertaining to the immediate scope of the alleged offense. Now, with probable cause, any warrant must be judicially sanctioned before a search is allowed. Under the Fourth Amendment, any evidence obtained by an illegal search and seizure is inadmissible in court under the Exclusionary Rule.

There are many facts and circumstances that involve each case and therefore lead to many exceptions to the 4th Amendment of the Constitution. To understand if your Fourth Amendment Rights have been violated, a test is given to determine whether a person has a legitimate expectation of privacy in the invaded place. As an example, a person can expect a greater amount of privacy in one’s home and privacy to a lesser degree in one’s vehicle. The lack of privacy in a vehicle is due to the fact that there is a risk of a suspect fleeing the scene with evidence.

The lack of privacy is also to protect police officers. Many times an officer may ask if they can search your vehicle, you have the right to say no. Once a person gives consent to a search, that search is now made legal and many police officers are trained in savvy methods of making you waive your rights.

During a traffic stop, a police officer is able to search a vehicle without a warrant if the vehicle has been pulled over for a valid infraction and there is reason to believe that the car contains illegal items. Under federal law, the driver and passengers may be ordered out of the vehicle without any justification by the officer and if an officer has any reason to believe that any occupant in the vehicle is dangerous, the officer may perform a protective search of the vehicle. Without probable cause, a warrant, or the driver’s consent, the police may not search a vehicle, however, within the “plain view” doctrine, an officer may confiscate any weapons or contraband and use them as evidence if they are visible from outside the vehicle.

When you are pulled over, respectfully decline when asked by officers to search your vehicle and never offer more information than asked. Since each is fact based, depending on the circumstances behind the Search and Seizure, it is extremely important for you to contact an experienced criminal defense attorney. If you find yourself arrested after a Search and Seizure, please contact Attorney Paul R. Moraski at 1-978-744-1200.

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

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

Whether You Should Take the Breathalyzer?

When prompted by a Police Officer to take a Breathalyzer test after you have been arrested for DUI/OUI, it is very important to understand your options. Most people assume that they have no choice but to take the Breathalyzer test, however, this is not the case. There are several things to keep in mind when you find yourself in this situation.

You need to know that you are not required to take a Breathalyzer test. If you refuse to take this test, you will have your license suspended for a period of time but the prosecutor will not be able to use this test against you in court. However, if you choose to take the test and fail, the results will definitely be used against you at your trial. Please keep in mind that we live in an era where most of your potential jurors are of the CSI mindset. Meaning if they hear evidence that you were over the legal limit in Massachusetts, which is .08%, it will be very hard to convince them that you were not impaired at the time of your DUI/OUI arrest. Although you face a license loss (described below in more detail) if you choose not to take the breathalyzer and are found over the legal limit, at the time of trial, the prosecutor will have less evidence to work with.

If you are over 21 the time of your arrest without any prior OUI/DUI driving offenses on your record and you refuse the Breathalyzer, your driver’s license will be suspended for 180 days. In the instance that you have 1 previous offense and refuse the test, your license will be suspended for 3 years. In the situation that you have 2 prior offenses and refuse, your license can be suspended for 5 years. If you have had 3 or more previous OUI/DUI offenses and refuse to take the Breathalyzer test, you may face a lifetime suspension.

The amount of time for a license suspension varies for people under the age of 21 and even under 18. If you are under 21 and refuse to take the Breathalyzer test, your license will be suspended for at least 3.5 years up to 4 years if you are under the age of 18; even if there are no previous offenses for OUI/DUI. If there is one or more prior offenses, your license will be suspended for even longer.

Even if you take the Breathalyzer and the result is over the legal limit, all is not lost, as far as defending your case. A successful Motion to Suppress can be brought on your behalf, by a seasoned attorney, who knows the ins and outs of the Breath Test Procedure. Sometimes, Law Enforcement Officers do not follow the correct breath test procedure or the breath test machine is not properly maintained. An experienced DUI/OUI Attorney will be able to request all of these records in the discovery process to determine whether or not you have a good opportunity to suppress the Breathalyzer Results. Additionally, these records may show that the particular Breathalyzer Machine used at the Police Station had been giving inaccurate Breath Test Results for a period of time, before and after, your particular case. If any of these issues are raised at the Motion to Suppress and a trial Judge finds that there is no indicia of reliability for the Breath Test Results, the Breathalyzer will be suppressed, leaving you with less evidence against you.

It is imperative that you understand your options in this scenario because it can make all the difference in your DUI/OUI trial. Whether you have taken the Breathalyzer or not, you still need to contact a Criminal Defense Attorney with extensive knowledge and experience handling these types of cases. If you find yourself on the receiving end of a DUI/OUI Charge, please contact 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

Some of the Things You Should Think About If You Are Asked to Perform Field Sobriety Tests

If you ever find yourself pulled over by a Police Officer and the Officer suspects that you may be operating a motor vehicle under the influence of alcohol or drugs, or a combination of both, the Officer will ask you to exit your vehicle. The Officer will then ask you to perform some field sobriety tests. As a Criminal Defense Attorney, some of the most common questions I get regarding DUI/OUI cases, is “do I need to take these "tests" and whether I should take them?”

What most people do not realize is that these tests are designed in such a way that it is easy for people to fail them, even if they are not under the influence. For example, in the so-called "One-Legged Stand Test," the Police Officer is trained to look for eight separate things. Even if you were to do six of the eight things correctly (which would have been a passing grade in school, 75% or a C), it is still considered to be a failure. Furthermore, there are numerous reasons why people do not perform these tests adequately. For example, some people will not perform these tests to the Police Officers liking because, they have an injury, they are overweight, they are tired, they are nervous or because they have a learning disability.

The good news is that, unlike the case with refusing the breathalyzer test, your license will not be suspended just because you refuse to take the "field sobriety tests." It is also great news that, in Massachusetts, the prosecutor and the police are not allowed at trial to make any mention of the fact that you refused these "tests." In fact, sometimes jurors are left with the impression that the police officer conducted a shoddy investigation and didn't even give you the tests. Thus, there are some very good reasons to refuse these tests, depending on the circumstances.

However, even if you have taken these "tests" and done poorly, all hope is not lost. With the help of a top-notch attorney, many people who failed the tests can still beat their DUI/OUI Case. Oftentimes, what the Police Officer claims is an indicator of impairment can be parsed out with good cross-examination to show a Jury or a Judge, that the Police Officer made a mistake. For example, what the Police Officer interpreted to be a failing score on a field sobriety test can easily be explained with medical documentation that you were injured. That is why it is so important to contact an attorney immediately if you have been arrested and charged with a DUI/OUI. If you find yourself on the receiving end of a DUI/OUI Charge, please contact 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

Penalties Regarding First Time Offender DUI/OUI Charges and Why Litigation May be the Best Option

If you are charged with Operating Under the Influence of Alcohol or Drugs (DUI ) and you are a First Time Offender you can be looking at about $1,800.00 worth of fines and fees and a one year probationary period. Additionally, if you want to obtain the minimum license loss of 45 days, you will have to enroll in an Alcohol Education Program, which typically takes 16 week to complete. This type of disposition is commonly referred to as a 24D (section of statute) Disposition. It allows First Time DUI/OUI Offenders to receive a Continuance Without a Finding (CWOF) and a shorter license loss.

The bad news for First Time Offenders, is that even with a successful completion of probation, this First Time Offense (even though it shows up as dismissed on your record) is considered to be a Second Offense if you are charged arrested again for Operating Under the Influence, pursuant to Melanie’s Law. Furthermore, if you do not complete your probationary period successfully your Continuance Without a Finding can be turned into a Guilty Finding, and you could potentially face 2 ½ years in Jail.

This is why it is important to hire an attorney who can aggressively and zealously advocate on your behalf. What most people do not realize is that DUI/OUI Charges can be litigated successfully, by an experienced attorney. Police Officers have to abide by the Constitution and need to have “probable cause” in order to pull your vehicle over in the first place. Secondly, Police need to have a legitimate reason to ask you to get out of your vehicle and issue you an “exit order.” If Police Officers violate your rights in anyway, a Motion to Suppress can be filed and if allowed by the Court, all of the evidence may be suppressed and your case dismissed.

Just because you failed a couple of Field Sobriety Tests, does not mean that you will be found guilty by a Jury. Field Sobriety Tests are designed in such a manner so that it is easy for people to fail them, even if they are not intoxicated. Police Officers are trained to look for certain clues of impairment. Oftentimes, what may be interpreted as a clue of impairment to a Police Officer is later seen by a Jury to be nervousness or unfamiliarity with the test. Remember, most Field Sobriety Tests take place at nighttime, in a poorly lit area, while you are on the side of the road attempting tests that you have never done before, while traffic is zipping by you. What a Police Officer may interpret as a failing score can usually be explained by being nervous, tired, injured, overweight or unfamiliar. A careful and thorough cross examination of the Arresting Police Officer can usually shed light on why you may not have passed the Field Sobriety Tests.

If you find yourself charged with DUI/OUI, please contact 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

Restraining Order Laws in the Commonwealth of Massachusetts (209A Order)

Restraining Orders are designed to allow an order to be issued very quickly and easily; however, they are not so easy to get rid of. In Massachusetts, a person may obtain a Restraining Order ex parte, meaning; the accused will most likely not be present in front of the Judge to explain his or her side of the story. Rather, the Judge will rule based on the accusers version of the events, which oftentimes will be satisfied by just reading the accuser’s affidavit. Restraining Order laws have been enacted in order to protect people that have been suffering from abuse. However, sometimes people abuse the laws and take out Frivolous Restraining Orders, for personal gain.

In most cases, the accuser will be able to get a temporary 10 day Restraining Order issued against you. The Judge will then give you a date to come back to Court, usually within the 10 days. When you come back to Court on the 10 Day Hearing Date, you have the opportunity to have a full evidentiary hearing. It is imperative that you get an experienced attorney who can present your version of the facts. At the Full Restraining Order Hearing you have the right to have an attorney cross examine the person applying for the Restraining Order, submit exhibits to the Court and present witnesses on your own behalf.

Most people think they can simply give the Judge their account of the situation, and everything will be okay; that is most often not the case. The Judicial Process can be overwhelming and if all of the facts are not properly presented, you can find yourself in a life altering scenario. Even though a Restraining Order is considered to be a Civil Matter, it has Criminal implications. This means the accuser has been just granted a weapon in which to use against you. This person can now call the police anytime he or she is upset with you, angry that a custody proceeding didn’t go his or her way or mad that you are in a new dating relationship. If a Restraining Order is issued by the Court you may be ordered to vacate your home, avoid contact with the accuser, not abuse the accuser in anyway, and surrender all of your firearms and ammunition to the local police station. It is also possible that if the Restraining Order is issued out of the District Court, which oftentimes they are, you may not have any contact with your own children until the Restraining Order gets modified in the Probate and Family Court, which can take time.

Restraining Orders are used with great success in our society to protect citizens from harm. However, in today’s society, a Restraining Order is being used more and more for litigation purposes to manipulate divorce proceedings, child custody hearings and for one’s own personal gain. If a Restraining Order is issued against you and you violate the terms of that order for whatever reason, you will be subject to arrest, jail time, fines and a permanent criminal record. If you find yourself on the receiving end of a Restraining Order, please contact 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

Domestic Violence Laws in the Commonwealth of Massachusetts

Domestic Violence is a term that renders a knee-jerk reaction when mentioned. When one has been accused of Domestic Violence, it often places that person in a difficult position. Especially if the allegations are false.

Domestic Violence laws in the Commonwealth of Massachusetts have served victims of crimes in many situations; however this is not always the case. In Massachusetts, when there are false allegations being made, oftentimes it becomes a race… The finish line?  The police station. He or she who arrives first will be the one pressing charges. Second place, a trip to jail, criminal record and/or loss of employment. Unfair odds when we are talking about someone’s life, reputation in the community or livelihood. Domestic Violence is not a game and shouldn't be treated as such.  

Oftentimes, Police Officers do not know whose word to believe and that is why many times the person who reports the crime first will be in the driver’s seat.  What many citizens of Massachusetts do not realize is that the Domestic Violence Law, by statute, prefers arresting the person who is alleged to be the aggressor, even if there is no physical evidence to corroborate the complaining witnesses’ story.  This is why an experienced and thorough Criminal Defense Attorney can conduct an investigation into the facts, witnesses, participants and physical evidence in an effort to uncover the truth.  It is common for bitter ex-girlfriend or ex-boyfriend, spouse or in-law to report a False Allegation regarding Domestic Abuse in order to get the upper hand in a custody battle, revenge or monetary gain.  The worst mistake that someone can make when a False Allegation is made regarding Domestic Violence is not hiring an Experienced Criminal Defense Attorney.  Not doing so could lead to a lifetime of major difficulties whether obtaining employment, housing, credit, etc. 

Don’t let yourself become a victim of a False Allegation regarding Domestic Violence.  It is paramount to exercise your rights in such dire situations. For more information on this matter and any other domestic violence-related charges such as Domestic Assault and Battery, Domestic Assault, Criminal Harassment, Stalking, Threatening, and/or Intimidation of a Witness in the Commonwealth of Massachusetts, please Contact 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

attorneymoraski@yahoo.com

www.northofbostonlaw.com

www.massdefense.com

www.massdrugdefense.com