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.


Monday, April 28, 2014

What Should I Do If Falsely Accused of a crime in Massachusetts




False Accusations can be very serious. If you are falsely accused of a crime, don’t rely on the adage: “The truth shall set you free”. That isn’t always the case. Especially when it comes to the justice system. It’s not a matter of telling the truth, it’s a matter of people who don’t know you and are making a decision purely based on the accusations. You’re already in the hole with credibility if you are accused. Innocent until proven guilty would be true if the burden of proof didn’t lie with the accused. They say it doesn’t, but reality begs to differ.

If you or someone you know has been falsely accused, don’t think for a second the truth will rise to the top and you’ll be exonerated. Countless innocent men and women sit in prison right now who had the same thought.

What Should I Do If Falsely Accused?

In the case of being falsely accused, it’s only human nature to emphatically deny any allegations against you. It is important to remember, say nothing. Remaining silent (even if innocent) is the best way to set up a quality defense for yourself. The state doesn’t care whether you did it or not as much as they care about clearing cases and keeping the crime and murder rate down. Get a hold of us and let us sort it out. If you have been arrested, you’ve already met the criteria for them to build a case against you. That’s why time is paramount. Call us immediately. Before anyone. We will fight to prove your innocence. The last thing this country needs is another falsely incarcerated individual.

Thursday, April 10, 2014

The Commonwealth Of Massachusetts Has Strict Penalties When It Comes To DUI/DWI/OUI

Many people think they will never have to face the judicial system as a defendant. They say, "I'm not a criminal, I'll never do jail time." Never say never.

Maybe you were out celebrating St.Patricks Day and you have a green beer with your friends. Your friends decide to keep the night going but you've got to be at work in the morning and you cut it off after you finish your pint. You drink a water, have a bite to eat, then head home and hop in bed.

Now, rewind back to the part where you cut yourself off after that one beer. Now, say you weigh 130 pounds and you only ate a salad. You get pulled over by the police and are instructed to perform a breathalyzer. You exceed the legal limit by a hair. A one size fits all legal limit. The third act changes dramatically now. You are no longer resting comfortably in your bed you are taking a mug shot and being booked for either DUI or OUI.

Feel like a criminal now? You're not. You're a person who was caught in an unfortunate circumstance and now you are facing criminal charges. The first thing you are going to want to do is obtain legal representation.

Many circumstances surround each individual case and that is where we come in and evaluate your case. Everything from the conduct of the arresting officer to the choices you were given at the scene will be examined with a fine tooth comb. In many instances, police, who are human, may have made an error in procedure deeming your case inadmissible. Perhaps your rights were violated during the arrest and/or booking process. These any many more injustices can and will be uncovered when we take your case.

The Commonwealth of Massachusetts has strict penalties when it comes to DUI/DWI/OUI. Don't find yourself at the mercy of the legal system alone. 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, 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//