Do I Need A Lawyer If A Restraining Order Is Taken Out Against Me?

Can a Restraining Order Be Taken Out Against Me in My Absence?

A Restraining Order can be taken out ex parte, which means that the person who is requesting the order goes to court, applies to the judge without the other person being there and the judge, if satisfied, will grant a temporary order. The person against whom the order is made isn't usually deemed to be bound by the order until it's brought to their attention, usually by way of a process server or police officer.

Can I Reply?

You will have the opportunity to respond. This will give you chance to give your version of the story. During this time, a lawyer is not required but it is absolutely recommended -- especially if children are involved. Otherwise custody and visitation rights can be interfered with.

What Recourse is Available When the Person Who Asked For the Restraining Order is Lying?

In practical terms, almost none if you go it alone. You are entitled to a hearing where the evidence will probably be your word against his or hers. In the vast majority of cases, the judge will err on the side of caution and approve the order, unless you can show some specific reason why this would cause you unreasonable harm, which only a competent attorney can do.

Despite its intended function, many times Restraining Orders are used for litigation purposes in child custody hearings, divorce proceedings, and for one's own personal gain. Once you are in violation of a Restraining Order you risk jail time, harsh penalties, and a criminal record. For more information specific to your situation, contact Massachusetts Restraining Order Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation.

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/


How Much Are OUI Fines In Massachusetts?

In the state of Massachusetts it is illegal to drive with a blood alcohol concentration (BAC) of .08 percent or above. This limit is lower for drivers under the age of 21 and drivers of commercial vehicles. The .08 percentage limit for adults is the standard measurement of the "impaired" driver across the United States.

In Massachusetts, a DUI is called an OUI, or "Operating Under the Influence". Massachusetts also has what is known as "Melanie's Law." This law was enacted in 2005 and increases the penalties to the drunk driving convictions in Massachusetts. Below is a comprehensive list of one can expect when facing OUI/DUI in Massachusetts.

First Drunk Driving Conviction
Jail - Up to 30 Months
Fine - From $500 to $5,000
Fine - $250 Assessment
Fine - $50 DUI Victim Trust Fund
License Suspension - 1 Year
Court Assigned Treatment Program

Second Drunk Driving Conviction
Jail - From 30 Days to 30 Months
Fine - From $600 to $10,000
License Suspension - 2 Years
Hardship License - Eligible after 1 Year
Ignition Interlock Device Required

Third Drunk Driving Conviction
Jail - From 150 Days to 5 Years
Fine - From $1,000 to $15,000
License Suspension - 8 Years
Hardship License - Eligible after 2 Years
Ignition Interlock Device Required

Fourth Drunk Driving Conviction
Jail - From 1 to 5 Years
Fine - From $1,500 to $25,000
License Suspension - 10 Years
Hardship License - Eligible after 5 Years
Ignition Interlock Device Required

Fifth Drunk Driving Conviction
Jail - From 2 to 5 Years
Fine - From $2,000 to $50,000
License Suspension - Permanent

The steep fines paired with jail time are why it's imperative that an experienced attorney is involved when faced with this matter. If you find yourself on the receiving end of a DUI/OUI Charge in Massachusetts, 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
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/

Identity Theft Attorney In Massachusetts

Identity theft is at an all time high. While measures to combat it are constantly improving, so are the methods to fabricating false ID's. Today's printers can print with amazing clarity, from a remote location, inexpensively. Other ways to assume someone else's ID have sprung up in the modern tech age as well. For example, you could sign up for Netflix using someone else's information. Guess what? ID theft. And it's a very serious offense to defraud a business or a private citizen. Falsifying documents regarding your identity for the purpose of monetary gain is almost guaranteed jail time.

Massachusetts law clearly defines what may constitute an identity fraud crime. If, with intent to defraud, you use or possess another individual's personal identifying information (PII) without his authorization for the purposes of obtaining anything valuable, you may be found guilty of identity crime. Additionally, the law also states that you may be found guilty of identity crime if you possess a person's PII for the purposes of harassing him or her.

If you violate this law, you may face a maximum prison sentence of up to two and a half years and/or a $5,000 fine. Massachusetts law states that law enforcement officials do not need a warrant to arrest you for identity crime if there is sufficient probable cause indicating that you may be an identity theft offender.

With all said possibilities looming when facing such accusations, it would behoove you to have a talented and competent Identity Theft Attorney on your side. 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/


Massachusetts Armed Robbery Attorney

Armed Robbery is a very serious offense, that if you are convicted, carries with it a minimum of guaranteed jail time to a maximum of life in prison. How the law defines "armed" may surprise you.

When police question witnesses, they do so in a structured fashion that almost becomes suggestive. The fact is, they take dozens of witness statements and in the end they all begin to sound the same. What's more, in an effort to expedite the process and close the case, they may suggest that the alleged perpetrator had a weapon when in fact he didn't. Often times, the witness is so shaken up from the ordeal that the suggestion of a weapon from either the alleged criminal or the police officer both become reality--in the eyes of the law.

If you or someone you know is facing an armed robbery charge in the state of Massachusetts, do not underestimate the seriousness of what you are facing. Without competent counsel, the state could send you to prison as a result of a witness' version of the facts. This hardly sounds like "due process," but it is the unfortunate reality of the criminal courts.

The state will take advantage where they feel they can. Even the mere verbal suggestion of having a weapon in a robbery can be defined as armed robbery. Don't underestimate what lies ahead. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for an advocate of your legal 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/

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//