If a bill introduced to the Senate this week is passed it will allow the seizure of property of those convicted of possession, production, distribution, publication, or the sale of child pornography. The bill also allows seizure of property for any child enticement charges. Massachusetts is proposing this bill in the wake off 22 other states who currently have it. Presently, Massachusetts law allows for the seizure of assets by those convicted of drug offenses, such as drug trafficking charges and drug distribution charges, but not child pornography.
Middlesex County Sheriff Peter Koutoujian and State Senator Barry Finegold are hoping to direct any revenue accumulated from the asset seizure towards the already underfunded computer crime investigations and the prosecution. Money collected from seizure will also go towards victim services and digital literacy education programs for families.
If this bill is similar to the Massachusetts drug forfeiture law, it will likely allow the prosecution to seize electronic equipment, vehicles, real estate, money, and more. The intention of this act, other than to fund the cyber sex crimes unit, would be to act as a deterrent, as well as to remove the tools by which illegal activities are conducted.
Before property can be seized, the convicted defendant would likely be served with a complaint for forfeiture. While it is ultimately the judge who makes the decision, there will be an opportunity to defend the action.
To ensure your legal rights are protected during the development of this bill, contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 if you have been charged with any child sex crime.
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
Wednesday, February 27, 2013
Monday, February 25, 2013
An Outstanding Warrant Has No Statute Of Limitations
Having an outstanding arrest warrant can prevent you from living your life. The perpetual fear of arrest looming overhead can be debilitating. With the advancement of technology, warrants are increasingly difficult to evade. You risk being detained anytime. Just a simple traffic infraction could land you in jail.
Furthermore, your outstanding warrant will not disappear with time, there is no statute of limitations. You will be compounding the ill effects of your outstanding warrant by simply ignoring it. Burying your head in the sand only puts you at risk for additional charges, fines, and jail time.
Three of the most common types of warrants in Massachusetts are: default, straight, and arrest warrants. Default warrants are issued when one fails to appear in court. When you fail to appear in Court on your scheduled Court date, most of the time the Court will issue a hold for Court warrant as well. This means that when law enforcement officers eventually catch up with you, the bail commissioner will not be able to set a bail. You will be held until you can appear before the Court, typically at the Court’s next sitting. So, if you are picked up on a hold for Court warrant on Friday night, you will not go in front of the Court until Monday, and maybe even not until Tuesday, if it is a holiday weekend. Straight warrants are typically issued as a result of a criminal complaint or indictment. With a straight warrant a police officer might not arrest you when you are charged with a misdemeanor charge, but will take down your information and let you know that you should expect to see a Criminal Summons in the mail. A lot of times it can take weeks or even months to process the Criminal Summons (depending on how busy the particular Court Jurisdiction), and someone may end up moving or having a different mailing address, and the Criminal Summons, does not catch up with the person. Many times the Court will issue a hold for Court warrant when an individual does not show up at his or her Summons Arraignment. Another type of warrant is an arrest warrant. An arrest warrant is signed off on by a Judge or Magistrate, where they believe that Probable Cause exists that a person committed a crime. An arrest warrant will give law enforcement officers the ability to arrest you on sight.
Avoiding a warrant of any nature is a good idea. The problem can be compounded when you are picked up on a warrant out of state. It might take weeks or even months to transport you back to the state the warrant originated out of, and you most likely will not get any jail credit for the time you are incarcerated in the other state. Also, warrants typically affect one’s ability to get a driver’s license, business license and/or professional license. It is not uncommon for someone to have a warrant out of Massachusetts, for something that happened years ago, and for that warrant to finally catch up with that person ten (10) years later in California. Nowadays, computer technology has allowed the Registry of Motor Vehicles (RMV) to communicate with the Department of Motor Vehicles (DMV) in other states about outstanding warrants. This means that the California DMV will not give you a new California Driver’s License, when you go to renew your Driver’s License because of a misdemeanor arrest warrant that you have in Massachusetts that dates back over ten (10) years. Even though you possessed a California Driver’s License for that last five (5) years and you no longer live in Massachusetts.
By enlisting the help of a criminal defense attorney experienced in dealing with outstanding warrants you can move on with your life. If you are aware that you have an outstanding warrant, the wisest thing you can do is to address it before you are arrested. Almost always the wisest thing to do is to turn yourself in on the warrant and walk in there with your attorney. Turning yourself in, with your attorney present is a lot better than to be brought in by law enforcement officers, and show the Court that you may be a flight risk. With adequate legal assistance, your outstanding warrant can be put behind you.
You have legal options to combat your warrant before it spirals out of control. Attorney Paul Moraski assists those with outstanding warrants in Massachusetts as well as throughout the country. If you have an outstanding warrant in a criminal matter, please 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
Furthermore, your outstanding warrant will not disappear with time, there is no statute of limitations. You will be compounding the ill effects of your outstanding warrant by simply ignoring it. Burying your head in the sand only puts you at risk for additional charges, fines, and jail time.
Three of the most common types of warrants in Massachusetts are: default, straight, and arrest warrants. Default warrants are issued when one fails to appear in court. When you fail to appear in Court on your scheduled Court date, most of the time the Court will issue a hold for Court warrant as well. This means that when law enforcement officers eventually catch up with you, the bail commissioner will not be able to set a bail. You will be held until you can appear before the Court, typically at the Court’s next sitting. So, if you are picked up on a hold for Court warrant on Friday night, you will not go in front of the Court until Monday, and maybe even not until Tuesday, if it is a holiday weekend. Straight warrants are typically issued as a result of a criminal complaint or indictment. With a straight warrant a police officer might not arrest you when you are charged with a misdemeanor charge, but will take down your information and let you know that you should expect to see a Criminal Summons in the mail. A lot of times it can take weeks or even months to process the Criminal Summons (depending on how busy the particular Court Jurisdiction), and someone may end up moving or having a different mailing address, and the Criminal Summons, does not catch up with the person. Many times the Court will issue a hold for Court warrant when an individual does not show up at his or her Summons Arraignment. Another type of warrant is an arrest warrant. An arrest warrant is signed off on by a Judge or Magistrate, where they believe that Probable Cause exists that a person committed a crime. An arrest warrant will give law enforcement officers the ability to arrest you on sight.
Avoiding a warrant of any nature is a good idea. The problem can be compounded when you are picked up on a warrant out of state. It might take weeks or even months to transport you back to the state the warrant originated out of, and you most likely will not get any jail credit for the time you are incarcerated in the other state. Also, warrants typically affect one’s ability to get a driver’s license, business license and/or professional license. It is not uncommon for someone to have a warrant out of Massachusetts, for something that happened years ago, and for that warrant to finally catch up with that person ten (10) years later in California. Nowadays, computer technology has allowed the Registry of Motor Vehicles (RMV) to communicate with the Department of Motor Vehicles (DMV) in other states about outstanding warrants. This means that the California DMV will not give you a new California Driver’s License, when you go to renew your Driver’s License because of a misdemeanor arrest warrant that you have in Massachusetts that dates back over ten (10) years. Even though you possessed a California Driver’s License for that last five (5) years and you no longer live in Massachusetts.
By enlisting the help of a criminal defense attorney experienced in dealing with outstanding warrants you can move on with your life. If you are aware that you have an outstanding warrant, the wisest thing you can do is to address it before you are arrested. Almost always the wisest thing to do is to turn yourself in on the warrant and walk in there with your attorney. Turning yourself in, with your attorney present is a lot better than to be brought in by law enforcement officers, and show the Court that you may be a flight risk. With adequate legal assistance, your outstanding warrant can be put behind you.
You have legal options to combat your warrant before it spirals out of control. Attorney Paul Moraski assists those with outstanding warrants in Massachusetts as well as throughout the country. If you have an outstanding warrant in a criminal matter, please 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
Tuesday, January 22, 2013
The Flaws Of Eyewitness Identification
A few reasons why mistaken identity occurs is because of bad lighting, the view was from a long distance away, or possibly the witness only caught a brief glimpse of the culprit. Other reasons include the fact that our memories are flawed. Our brain can't remember a face as accurately as it does when it's actually viewing it. Our memories are able to be manipulated, we can replace missing information with things we see on TV, read in the news, hear from police officers, or other memories can factor in. Additionally, our brain often distorts sizes and colors. Colors may be remembered as darker or brighter, large sizes are remembered smaller, etc.
Other reasons for mistaken identity fall on the procedures used during photo identifications or lineups. During a photo I.D., the eyewitness may not be told that the suspect's photo is not among the choices. Since they assume the suspect's photo is among the choices and they point out the person who's face is most similar to the one in their memory. In a photo I.D., if the "distractors" and the suspect's photos differ from one another, a person can be more inclined to pick the photo that stands out to them. Contributing factors are lighting, contrast, background, where the face is in relation to the frame, etc.
With lineups, people will often choose the same person they chose in the photo I.D. for the sake of consistency, even when the photo chosen is incorrect. Other times, if the person conducting the lineup knows who the offender is among the choices, they can inadvertently or intentionally signal to the eyewitness whom to choose.
The InnocenceProject.org lists several policies that should be adopted to implement reform in our justice system.
- Blind administration: Research and experience have shown that the risk of misidentification is sharply reduced if the police officer administering a photo or live lineup is not aware of who the suspect is.
- Lineup composition: "Fillers" (the non-suspects included in a lineup) should resemble the eyewitness' description of the perpetrator. The suspect should not stand out (for example, he should not be the only member of his race in the lineup, or the only one with facial hair). Eyewitnesses should not view multiple lineups with the same suspect.
- Instructions: The person viewing a lineup should be told that the perpetrator may not be in the lineup and that the investigation will continue regardless of the lineup result. They should also be told not to look to the administrator for guidance.
- Confidence statements: Immediately following the lineup procedure, the eyewitness should provide a statement, in his own words, articulating his level of confidence in the identification
- Recording: Identification procedures should be videotaped whenever possible - this protects innocent suspects from any misconduct by the lineup administrator, and it helps the prosecution by showing a jury that the procedure was legitimate.
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
The Benefits Of A Polygraph Test
A polygraph is an instrument that is designed to measure changes in physiological reactions, such as blood pressure, pulse, and the rate of sweating or breathing. The use of this machine is controversial. Even though they are not admissible in Massachusetts court rooms, this does not mean that the polygraph machine does not serve other purposes for Law Enforcement Officers and Criminal Defense Attorneys.
Although these test results are not 100 percent conclusive, there are occasions when it can be beneficial to submit to a test:
While there are a great deal of myths surrounding ways to cheat a test, such as taking drugs to reduce blood pressure or anxiety, applying antiperspirant all over one's body, controlling breathing, etc. These tactics are detectable to a trained polygraph examiner and you may hurt your case by attempting to defraud the justice system. Additionally, even when an accused is absolutely positive that he or she is innocent of a crime, oftentimes Experienced Criminal Defense Attorneys counsel against taking a polygraph. There are numerous reasons why an innocent person may fail a polygraph test.
Never submit to a police administered, or any, polygraph test before consulting with an Experienced Criminal Defense Attorney. While the actual test results are not admissible in court, your answers to questions are. Even if you "pass" the test, there is always a risk of your answers being taken out of context and used against you. If you are facing criminal charges and have been asked to take a polygraph, 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.comWebsites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/
- The passing of a private polygraph test could force the Prosecution to take a closer look at their case. This could result in a plea bargain, a sentencing agreement, or dismissal of a charge or charges.
- In some circumstances, the passing of a polygraph could result in the Prosecution cooperating with the Defendant while seeking out a criminal case against other individuals.
- Oftentimes, there are multiple Co-Defendants in a case and Prosecutors are unsure whether a particular Co-Defendant had any culpability in committing the alleged crime and therefore the Co-Defendant gets charged with a crime out of caution. However, a successful polygraph test may make the Prosecution focus their efforts elsewhere.
- In the instance where a juvenile is facing expulsion from school for a matter that occurred on school property, often times the only witnesses are other minors. You may carry some leeway in the eyes of the school board in preventing the expulsion if the polygraph results are favorable to your child.
While there are a great deal of myths surrounding ways to cheat a test, such as taking drugs to reduce blood pressure or anxiety, applying antiperspirant all over one's body, controlling breathing, etc. These tactics are detectable to a trained polygraph examiner and you may hurt your case by attempting to defraud the justice system. Additionally, even when an accused is absolutely positive that he or she is innocent of a crime, oftentimes Experienced Criminal Defense Attorneys counsel against taking a polygraph. There are numerous reasons why an innocent person may fail a polygraph test.
Never submit to a police administered, or any, polygraph test before consulting with an Experienced Criminal Defense Attorney. While the actual test results are not admissible in court, your answers to questions are. Even if you "pass" the test, there is always a risk of your answers being taken out of context and used against you. If you are facing criminal charges and have been asked to take a polygraph, 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.comWebsites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/
Saturday, December 29, 2012
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.
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.
Thursday, December 27, 2012
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
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
Wednesday, November 28, 2012
Chemist Sends Enormous Ripple Throughout 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
Subscribe to:
Posts (Atom)