WELCOME TO THE BLOG OF THE LAW OFFICE OF PAUL R. MORASKI, MASSACHUSETTS CRIMINAL DEFENSE ATTORNEY

We blog about relevant issues in criminal defense law, discuss the misconceptions surrounding criminal defense law, and provide readers with helpful criminal defense information and resources.


Please visit www.massdefense.com for more information.


Thursday, March 20, 2014

How Not To Let A Criminal Record Ruin You In Massachusetts

There is a difference between responding and reacting. What's the difference? A response is a pause given, a thought processed with the pros and cons having been made, and then a decision is acted upon. A reaction quite simply is an impulse acted upon. And when an impulse is acted upon, it can lead to landing you in jail.

Think of the legal system as a barometer that measures reaction versus response. If it is determined that you injured another person while defending yourself, the court might regard that as a reasonable response. However, if you punch a guy in the face because he told you your team was no good, then the court will see that as lack of impulse control. And with that will come a misdemeanor to a felony charge.

Now, there is a gray area between response and reaction that may be hard to articulate. Maybe said guy who hates your team dumped a beer on your head after he told you they're no good. Now your brain is processing the information and probably saying, "punch him!"
So you do. The police come and arrest you for fighting. You're already facing charges. And again, depending on the damage done to the guy who hates your team, misdemeanor to felony. Worst case scenario, the guy dies from injuries and you could wind up facing second degree murder charges.

Best case scenario, the jury sides with you and believes you were provoked enough to merit such an action and all charges are dropped. Likely scenario, they agree you were provoked, the guy has a broken jaw and you're facing misdemeanor assault. You're hardly out of the woods. A misdemeanor charge on your record can be a detriment when trying to obtain housing, employment and citizenship. It can lead to deportation if you aren't a natural citizen.

So, what do you do? Well, if you've already punched the guy in the face and are facing charges, it's not too late. Our office can handle all scenarios outlined in the prior paragraphs. Don't let a reaction ruin your life.

Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have been charged with a 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
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Thursday, February 27, 2014

What Are The Elements Of Appealing A Conviction In Massachusetts?

Do you know what to do if you have been arrested for an OUI in Massachusetts? Once you have been pulled over, and if you submitted to and failed the breathalyzer test, the next place you'll find yourself is in police custody. In the instance that you refused the breathalyzer test, you will still be arrested and only have 15 days from the date of the arrest to file an appeal. It's imperative that an appeal is filed, otherwise your license is suspended automatically.

Regardless of which actions were taken, next steps are important. Contact an attorney immediately, otherwise you risk losing driving privileges for an extended period of time, serving jail time, paying increased fines, and having this mark your driving record.

If you have been arrested for OUI in Massachusetts, contact Massachusetts Criminal Defense 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//

Don’t Expect Prosecuting Attorneys To Treat You Any More Than Just A Number

This blog is committed to keeping you abreast of the ever changing laws and legal system. As we've stated in previous blogs, never go it alone. When they say justice is blind, they really mean it. She has a blindfold on and literally cannot see how innocent you are. That's where we come in.

When facing criminal charges, it is the prosecution's goal to see to it that you are punished to the fullest extent of the law. Why? Because they don't measure their successes on humans whose live's have been unfairly destroyed, they focus on convictions and convictions only. Meanwhile, what they regard as case #XYZ, you regard as your Father or Uncle or Brother or Nephew, etc. They are due more justice than just a number. This disproportionate amount of convictions among young males of color is astronomical. One doesn't have to look any further than the evening news or the front page of any major paper to see this reality played out again and again.

Don't sit around hoping for the laws to change. Lawyer up. Defense attorneys are here to see that ALL of your rights are in tact and that you get a fair and speedy trial. If we weren't there, you would get a speedy trial alright, straight to conviction.

Sentence reform is long overdue. But as we stated, don't wait for change to come, come to us. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have been charged with a 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
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Monday, January 27, 2014

What Are The Elements Of Appealing A Conviction In Massachusetts?

When To Appeal

If you or someone you know has been convicted of a crime and sentenced, but you feel as though that person was wrongly convicted, or if a serious legal error has occurred, there are still options. Attorney Moraski knows and thoroughly understands the appeals process and will work with you to ensure that your appeal is handled with the utmost diligence and care. Many times, once convicted, people give up and feel that the system is too big an adversary. And they are right... If they go it alone. If you should win your appeal, think of the new lease on life you or someone you know could have.

What Is An Appeal?

An appeal is a request to a higher court to assess and modify the decision of the lower court. During an appeal, the defendant is able to challenge the sentence or the conviction itself.

What Happens If I Win My Appeal?

Typically, a successful appeal brings the case back to its initial stages. In some instances it can put an end to the case altogether.

The appellate process can be intimidating, but don't allow that to leave you feeling hopeless. Contact Attorney Moraski immediately if you have been wrongly convicted of a crime, or believe a grave legal error has been made. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have been charged with a 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
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Friday, January 17, 2014

What To Do When A College Student Commits A Crime In Massachusetts

When we send our kids off to college we can't help but worry about the possibility of them getting into trouble. It's a valid worry too.

Many times, good kids can get caught up in bad situations. For many students, it's their first time away from home and they are meeting a lot of different people from all walks of life. When facing independence for the first time, some might elect to participate in things they otherwise wouldn't.

Unfortunately, when a bad decision is made resulting in an arrest and charges, it is no longer "child's play." A college student who is facing criminal charges may be looking at severe punishment from two institutions. The State/City/County and the college itself.

Colleges all have strict guidelines and rules that, if broken, may result in permanent damage to a student's academic career that can forever haunt them. This can hinder one's ability to obtain housing, financing, gainful employment, etc. The same can be said for the criminal justice system as well.

If you or someone you know is enrolled in one of Massachusetts's many colleges and is facing criminal charges, call us today. Your future is nothing to gamble with. You need someone who understands collegiate litigation and the ins and outs of, not only the justice system, but also the policies of the college in question.

Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you have been charged with a 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
Websites:
http://www.northofbostonlaw.com//
http://www.massdefense.com//
http://www.massdrugdefense.com//

Tuesday, December 31, 2013

Who To Contact In Massachusetts If Someone You Know Has Been Arrested On Drug Possession Charges

War On Drugs Releases 8 Hostages

This month, President Obama commuted the sentences of 8 prisoners convicted of crack-cocaine possession. The unfair and unjust penalties set for possessing crack-cocaine was implemented in the eighties to combat the growing crack epidemic in America's metropolises. The majority of the "War On Drug's" casualties were African-American men who found themselves facing much harsher prison sentences than their Caucasian counterparts caught with a comparable amount of cocaine. The difference between the two drugs? Baking Soda.

Right now, many people of all races are incarcerated for crack-cocaine possession, a crime which is better remedied with treatment rather than punishment.There are many more than the 8 sentences President Obama commuted that are in need of the same action. Our nation's prisons are over capacity due to such lopsided sentencing laws.

If you or someone you know has been arrested, accused, sentenced or incarcerated for drug possession of any kind, contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation. Your freedom depends 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//

Sunday, December 15, 2013

If You Are Falsely Accused Of A Crime In Massachusetts Don't Say A Word Until You Have Legal Representation

False accusations are nothing to shrug off. Many people naively yet understandably believe that if they are falsely accused of a crime that the truth will set them free. The unfortunate reality is that everyday in America someone is wrongfully accused, convicted, and incarcerated for a crime they did not commit. These people found themselves at the mercy of detectives, prosecutors, and 12 strangers who don't have any reservations about depriving someone of their freedom. The saying may be "innocent until proven guilty," yet it seems like often times it's the other way around.

In the case of homicide, police generally compile a short list of suspects and if your spouse is murdered you can guarantee yourself a spot on that list. If there is one thing cops don't like is murder. Murders are recorded and published which reflects the quality of the job of the police. With that being said it is in their best interest to solve murders and clear the case to keep their numbers down and make the department look like they are keeping the public safe, even if that means pinning it on the wrong person.

Take for instance the story of Michael Morton, whose documentary aired on CNN Sunday Dec. 8. Morton was wrongly convicted and spent nearly 25 years of his life behind bars for murdering his wife, Christine Morton. There was never any physical evidence or a witness that tied him to the crime. In 2011 he was released from prison after DNA evidence exonerated him from the crime. DNA evidence also revealed that Christine Morton's murderer had killed again, resulting in additional victims in Michael Morton's wrongful conviction.

Sadly, this story is not uncommon. If you find yourself in an interrogation room, police will use a variety of tactics to get you to admit to something you didn't do. Again, it's in their best interest to close a case, not to set you free.

What can you do if you are falsely accused? Don't say a word until you have legal representation. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation. Your freedom depends 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//