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.


Showing posts with label Criminal Defense. Show all posts
Showing posts with label Criminal Defense. Show all posts

Tuesday, February 2, 2016

Do You Have an Outstanding Warrant?

With the New Year well underway maybe it is time to reassess an old arrest warrant that has been haunting you for some time.  Besides the obvious, old warrants can affect your future in a variety of ways.  Talk about always looking over your shoulder!  You could be pulled over for a very minor traffic violation and BOOM the officer runs your information.

What happens next is that you will be taken into custody without bail until you go in front of a judge or Clerk Magistrate.  This could mean at least a few days in jail and all you have done today is go a few miles over the speed limit or your tail light burned out.  It may sound intense, but this happens over and over again every day in the Commonwealth of Massachusetts and in other US states.

It is time to stop living in the shadows.  Attorney Paul R. Moraski will work with you to remove or recall old Massachusetts arrest warrants.  Best of all, it does not matter wherever you live now, he is ready to help.  To gather more detailed information on how to tackle an old arrest warrant in the Commonwealth, visit Attorney Moraski’s website at www.northofbostonlaw.com and give him a call at (978) 744-1200.

Monday, January 4, 2016

To Be or Not to Be Tried in Court.

Before you go to trial in the state of Massachusetts you need the representation of a great Criminal Attorney who has defended the accused in the Commonwealth for many years.  More often than not a prosecutor, a judge, and/or a district attorney want to expedite a criminal case.  They do so by offering a plea deal.

You, the defendant, may well be adamant about your innocence.  If this is the case your attorney will assess your options and the probability of conviction.  Don’t be stubborn!  Listen to the advice of counsel.  Your attorney can look more dispassionately at the situation and offer the right conclusion that may save you years in prison.

If a plea bargain is what you seek, Massachusetts criminal attorney Paul Moraski has your back.  He and his staff will be familiar with every single detail of your case.  Attorney Moraski is on the job 24/7 to give you every legal advantage at his disposal.  He doesn’t dabble in criminal law, he practices it exclusively.  For the best representation in the Commonwealth, call Attorney Paul Moraski at (978) 397-0011.

Tuesday, December 1, 2015

Avoid Stress this Holiday Season.

This time of year we are brought together with people in places we are not used to.  Our behavior or that of those around us can change just because it is December.  Don’t be a part of the problem.  If you plan on being a part of holiday revelry either find a designated driver or be that person.  It’s such an old song isn’t it, but why subject yourself to years of inconvenience because of a holiday mistake?

And I know this may sound crazy right now, but don’t be a participant in road rage.  You may get caught in holiday traffic.  Turn up the radio and sing your favorite song.  Take a long, slow, deep breath, focus on nature around you.  Eat a snack if you are at a complete stop.  And always stay in your vehicle.

If you or a friend messes up this time of year help is a phone call away.  Massachusetts Criminal Defense Attorney Paul R. Moraski can be reached anytime by calling (978) 397-0011.  Don’t worry, no problem or situation is too insignificant for Attorney Moraski to address.  To see all of the areas of criminal law that he practices visit his website at www.northofbostonlaw.com.

Tuesday, September 15, 2015

Defending the College Student

Now that everyone is back on campus for the 2015-16 school year it is time to address what happens when your college student runs afoul with the law.  This can become rather complicated because the student is now of legal age, but may be accused of mischief befitting that of someone younger.

In representing a college student, the defense is usually two-fold.  The actual criminal case will unfold in a court of law.  Meanwhile if the criminal charge was deemed to have taken place on a college campus there could be disciplinary action taken by the school. 

In the Commonwealth, Attorney Paul Moraski knows that it is delicate balance to protect the student’s Constitutional Rights in the Court proceedings and at the same time make a satisfactory response to the college’s disciplinary board.  Attorney Moraski will not only give you his full attention, but he is young enough to appreciate the impact that it has on the student’s entire future.  Contact Massachusetts attorney Paul Moraski today at (978) 744-1200.

Tuesday, September 1, 2015

The Consequences of Shoplifting.

Shoplifting sounds like a minor infraction doesn’t it?  Who didn’t steal a pack of gum as a kid?  You would think that on the surface it sounds like a petty crime with no real consequences.   You may be sadly mistaken.  In today’s world retailers have spent millions of dollars on surveillance equipment as well as extra employees to prevent “spillage”.  You can be sure that they want to justify that extra expense by cracking down on petty crime.

Retailers and Department stores petition Local Law Enforcement Officers and the District Attorney’s Office to prosecute these crimes to the full extent of the law.  If you are ever suspected of shoplifting expect to have a Clerk’s Hearing.  In this proceeding an experienced criminal attorney will work out a deal with the prosecutor to avoid formal charges.

Do not consider shoplifting to be a minor infraction!  It could literally haunt you for the rest of your life.  Contact Massachusetts criminal defense attorney Paul R. Moraski for the aggressive representation you need and deserve.  Give Attorney Moraski a call today at (978) 744-1200.

Tuesday, August 18, 2015

Check and Credit Card Fraud.

In this day and age credit card fraud has become particularly rampant.  So many websites take your card and process it.  Then there are the gas stations and stores by the millions transacting credit cards every day.  The information on that card may become very tempting to steal.  If you are accused of check or credit card fraud you need to immediately hire a hard-working experienced attorney to conduct a thorough investigation on your behalf.

Does your situation fall into any of the following examples:

•           Larceny by Check
•           Larceny by False Pretenses
•           Forgery
•           Uttering
•           Identity Theft
•           Credit Card Fraud

All of the above charges and then some occur more and more frequently in this information age.  Your first line of defense is to pick up the phone today and call Attorney Paul R. Moraski, serving the entire commonwealth of Massachusetts defending your freedom.  Call him immediately at (978) 397-0011 or visit his website for more information at www.northofbostonlaw.com. 

Monday, July 6, 2015

Domestic Violence Increases in the Summer.

Unfortunately this is a truth we cannot ignore.  Domestic violence increases during the summer months and there are a myriad of reasons why.  There is an increase in stress due to the children being home all day.  Hot summer temperatures heat up tempers.  There are also many summer parties, particularly those that include alcohol that create a potential matchbox for violence.  Did you see or hear about the television series on NBC called the Slap?  If you did, you get the idea.

In Massachusetts, a domestic restraining order is known as a “209A order”.  This order could prevent you from seeing your children or even being in the same neighborhood as your spouse and you have NOT been convicted of ANYTHING at this point.  Maybe you have been found to have violated a restraining order.  Perhaps you have been accused of domestic assault and battery, criminal harassment, stalking, or making threats.

Do not take chances with just any attorney in the Commonwealth.  Call Attorney Paul R. Moraski immediately.  Attorney Moraski relies on experts and investigators to identify witnesses to the alleged assault, battery or harassment.  He and his people will dig deep to find out the truth and defend you vigorously against these charges.  Call Attorney Paul Moraski, representing criminal defendants in Massachusetts, at (978) 744-1200.

Tuesday, June 2, 2015

An Adversarial Justice System.

Do you know what an adversarial justice system means?  Well, you need to because your future freedom may depend on it.  Let’s say that you are accused of a crime.  You KNOW that you are innocent and you have never been charged with anything prior.  So maybe you think that the judge and the prosecutor will not pursue the case with the same vigor that they would if you were a hardened criminal.  Absolutely NOT!  In Massachusetts ONLY your criminal defense attorney will advocate on your behalf.

Attorney Paul Moraski will help you navigate through the turbulent waters of the Massachusetts justice system.  The prosecutor’s job is to win the case against you even if you are the nicest most innocent person on earth.  Beware because many attorneys are afraid of litigation.  They worry more about their own reputation of perhaps losing a case.  You need a defense attorney who actually loves the trial process and doesn’t shirk his one and only duty…making sure that you are cleared of any and all charges.

Talk to Paul Moraski today.  Get a feel for his exuberance in helping you maintain your freedom.  There are plenty of innocent people doing jail time because of poor representation.  Attorney Paul Moraski may be reached by calling (978) 397-0011 or visit his website at www.northofbostonlaw.com.

Monday, May 4, 2015

Massachusetts DA Halts the Use of Breathalyzer Tests Following Machine Malfunction.

A large number of drunk driving convictions across the state may be in jeopardy following the discovery of a problem with the calibration of the breathalyzer machines.  District attorneys from around the state were notified last week of the situation.  An investigation is now underway to determine the extent of the problem and identify the cause.

The problem was first identified in Essex County in mid-March.  A first offense drunken driving case in Lawrence was one of the initial cases to be discovered when the driver in that case pleaded guilty based on the blood alcohol level reported by the machine as being over the legal limit of .08.  The machines are not supposed to generate a test result if the test solution is not within a pre-

A large number of drunk driving convictions across the state may be in jeopardy following the discovery of a problem with the calibration of the breathalyzer machines.  District attorneys from around the state were notified last week of the situation.  An investigation is now underway to determine the extent of the problem and identify the cause.

The problem was first identified in Essex County in mid-March.  A first offense drunken driving case in Lawrence was one of the initial cases to be discovered when the driver in that case pleaded guilty based on the blood alcohol level reported by the machine as being over the legal limit of .08.  The machines are not supposed to generate a test result if the test solution is not within a pre-determined range.  There are currently numerous other Counties besides Essex County that have also halted the use of Breathalyzer Results.  These results are not currently being used in prosecutions in OUI Cases for the time being.  Oftentimes, Breath Test Results are the strongest part of the prosecution’s case in an OUI Case.  In Massachusetts, when someone blows a .08 or greater, they are presumed to be impaired according to statute.  This can be overcome by pointing out through experts and cross examination that the Breath Test Machine is subject to errors  and clearly fallible (which is certainly shown by these problems that have been detected), but it is an uphill battle. 

Additionally, when police officers make an OUI arrest they write their police report after the fact.  Police Officers know that when they make an OUI Arrest that getting the person that they just arrested to take the Breath Test is strong evidence of impairment, if that person blows over a .08.  So, typically the Police Officer’s report is not so one sided when they have an arrestee records a Breathalyzer Result .08 or greater.  You have to remember that the Officer’s Police Report is not an objective report of what happened, but rather a post-arrest recitation of facts that supports the Officer’s arrest and later on hopefully a conviction.  Police Officers bank on that if they write enough buzzwords in their police report that you are impaired that you will just plead Guilty, and not take the case to Trial.  Courts are usually very happy with that outcome too, because Trials take time, and it is more efficient and a much bigger money maker for the Commonwealth of Massachusetts if they can put you on probation, make you take alcohol education classes that cost money and make you pay Court Fees and Statutory Fines.  So, when Police Officers think they have a strong piece of evidence such as the Breath Test to use against you, they do not exaggerate as much in their police reports, and that way when they are called to testify and they just simply regurgitate what’s in their police report (absence the Breath Test), your case becomes even more winnable at Trial.

So, if you or someone you know has been arrested for an OUI in recent months it is imperative that you contact me Attorney Paul Moraski at my cell phone at (978) 397-0011.  I can give you a free phone consultation and discuss with you what your options are and how best to pursue your case given the most recent developments.  Even if you have recently been found Guilty at Trial or resolved your case by pleading Guilty or Receiving a Continuation Without a Finding (CWOF), a Motion for a New Trial can be filed. 

Tuesday, April 14, 2015

What To Do If You Are Falsely Accused of a Crime in Massachusetts.

So many people in this country are falsely accused of crimes.  Your reputation may be tarnished forever if you do not fight back aggressively.  In particular a false accusation of a sex crime could boil down to one person’s word against yours.  They may have an ax to grind and you are caught in the middle of controversy.

In many cases a prosecutor may proceed with a sex crime case against you without what you would consider the normal “bare minimum” to build a case.  There may be NO DNA, NO video evidence, NO fingerprints, and most of all NO eye-witness testimony.  The alleged victim may be motivated by any number of selfish issues from a relationship gone bad.  And there you are caught in the middle of the storm completely innocent of any crime.

You must tackle this issue head-on using a professional attorney who has handled many cases of false accusation.  That person in the Commonwealth of Massachusetts is Attorney Paul Moraski.  He is well-versed in how to handle a false accusation when it seems like the world is crashing down around you.  Give attorney Moraski a call today at (978) 397-0011 for a free phone consultation.

Wednesday, April 1, 2015

When One Terrible Mistake Changes Your Life.

Life is full of bad decisions.  Even really good people make mistakes.  Some of those mistakes may change your life forever.  Recently in Massachusetts a man was charged with home invasion, assault and battery, and malicious destruction of property when he allegedly invaded an Orleans Massachusetts home wielding an ax.

Many people who have led otherwise “straight and narrow” lives have events occur that can result in serious criminal charges.  Maybe it is an act of violence, or sexual misconduct, or driving while under the influence.  There is only one way to be perfect in your behavior and dozens of ways to alter your life for the worst.

If you or someone you love has made a mistake you need to do everything possible to rectify the situation.  A criminal charge is a life-changer, but it does not have to be a life-ender.  Please contact Attorney Paul Moraski to discuss your criminal case at (978) 744-1200 or visit his office on the web at www.northofbostonlaw.com.

Wednesday, March 18, 2015

A Misdemeanor Charge Can Haunt You for the Rest of Your Life.

Let’s say that you have a misdemeanor charge on your record.  Just because it is not a felony doesn’t mean it will not be harmful to your future.  Most crimes come with direct and indirect consequences.  A misdemeanor charge in Massachusetts 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. 

Direct Consequences

Direct consequences of misdemeanor charges are those imposed by the judge as a result of your being found guilty of a crime. These punishments are significantly lower than for felonies, but they are not necessarily insignificant—they can easily take you away from friends and family for an extended period of time and deplete your finances.

• Jail: Especially for multiple misdemeanor offenses, it is possible to spend up to a year or more in jail.
• Fines: Misdemeanor crimes are eligible for fines as well.
• Mandatory classes: You may be required to complete an alcohol or drug abuse program for some offenses.

Other possible sentences, such as community service or court supervision, can also severely restrict your freedom while you are subject to them.

No matter what the consequences you may be facing, indirect or direct, you must get ahead of the situation with aggressive representation.  In the Commonwealth of Massachusetts Attorney Paul Moraski is on your team.  Call him immediately at (978) 744-1200 or visit his website at www.northofbostonlaw.com.

Wednesday, February 18, 2015

What If I Take Out a Credit Card in a Relative’s Name Without Their Permission?

Taking out a credit account in someone else’s name without permission amounts to identity theft, and you can indeed be arrested for fraud for doing that. As a general rule, if you've taken out a credit card in a close relative’s name, what happens next is based on their response.  If you rack up big debts in your relative's name and can’t pay them off, the delinquencies will go on their credit record unless they pay off the balance or take action to reveal that you’re the culprit.

These crimes are treated as serious offenses by Law Enforcement Officers and Prosecutors.  With the help of modern technology, Law Enforcement Officers have gotten better at tracking these cases, which makes it harder to evade the law when charged with these crimes.

Because a close relative is involved it becomes even more complicated.  Attorney Paul Moraski has years of experience defending good people who have made a mistake and have been charged with check or credit card fraud.  Contact Massachusetts criminal attorney Paul Moraski at (978) 397-0011, or visit his website at www.northofbostonlaw.com to find out more about check and credit card fraud.

Wednesday, February 4, 2015

Our Crime Labs are in a State of Crisis.

You are probably one of those TV viewers who see their favorite investigators succeed consistently at solving crimes and bringing guilty parties to justice.  The truth is America’s crime labs are fraught with improperly hired personnel, poor training, oversight, and massive underfunding and backlogs.

Investigators have discovered that tampering with and even the theft of drug evidence is an ongoing problem.  One technician even used the wrong chemical to conduct methamphetamine tests.  A state crime lab chemist in Amherst was sentenced to two and a half years in prison for stealing drug evidence and tampering with samples to hide her theft.

Many of you are aware of Annie Dookhan.  She was the chemist in a state crime lab in Boston who was once considered a star.  Now it has come to pass that more than 600 convicted felons have been released or had convictions erased or set aside because of her improper testing over a nine year period.

The facts are you need to hire the best possible criminal attorney in the Commonwealth of Massachusetts if you have been accused of a drug crime.  Paul R. Moraski is a 24/7 criminal defense attorney who concentrates exclusively in the field.  Call him today at (978) 397-0011 to find out more about this tireless defender of your rights.

Monday, January 19, 2015

Every Criminal Defense Trial in the Commonwealth of Massachusetts Effects Someone!

Obviously not every Massachusetts criminal trial is as high profile as the one involving Dzhokhar Tsarnaev the accused Boston Marathon bombing suspect.  However each and every criminal trial in the Commonwealth has one thing in common.  That the accused is innocent until proven guilty.

Are you or someone you care about been accused of white collar crime, a juvenile crime, armed robbery, or worse?  Whom you hire to represent you will have long-term consequences on that person’s future.  They could be facing years of incarceration and a loss of future dignity and income.

Think carefully when dealing with decisions of such gravity.  Look for someone who will fight for you and/or your loved one that has only your best interest at heart.  You need someone who knows the criminal court system inside and out and can achieve the best possible outcome for the defendant.

That person may well be Paul R. Moraski.  He has never worked for the prosecutor’s office!  He believes it is better to have years of experience establishing defenses for people accused of crimes.  If it ever becomes a life-changing priority to hire a criminal attorney, contact the law office of Paul R. Moraski from www.northofbostonlaw.com at (978) 397-0011.

Monday, December 15, 2014

What is Your Current Opinion on the Subject of Police Brutality?

There has been a great deal of controversy lately and you might begin to believe that we are living in a society ruled by a heartless group of law enforcers.  Because we are an expanding and divergent society these problems come to the forefront with an increase in population and our 24 hour access to information.

There will always be a need for law enforcement, but not brutality.  Sometimes there is a fine line between the two.  In larger urban areas such as Boston there is a melting pot of diverse races, creeds, and colors.  Regardless of how each member of society believes in the way the law is enforced there will be certain guidelines that MUST be followed to ensure order.

Interpretation of the way law enforcement is handled is the job of the courts.  You absolutely need the best possible representation in a court of law now more than ever.  Your case may be examined in a variety of ways and only the very best attorney can advise you on how it should be properly handled.

For the very best criminal legal representation in the Commonwealth of Massachusetts contact the law office of Paul R. Moraski at (978) 744-1200.  Your future freedom is too important to leave to chance.

Monday, September 8, 2014

Why Go To Trial?

Often times, the Prosecutor, D.A, Judge, and all persons involved, want to expedite a criminal case by offering up a plea deal. We've all seen it on any given TV law drama, but we all ask the same thing... If they are so adamant about their innocence, why not go to trial?


If only it were that simple. Often times, along with the Prosecutor, D.A, Judge and Police, even a Defense Attorney will want to strike a deal.


If a plea bargain is what you want, so be it. We can accommodate that. If an aggressive trial attorney who is willing to fight for you in a court of law is what you want, you needn't look beyond. We aren't afraid to go to trial. We welcome it. Attorney Paul Moraski will familiarize himself and his staff with every fine detail of your case. Available 24/7, Attorney Moraski is thorough and steadfast and will not rest until justice is on your side.


Don't let the State, Prosecutors, D.A., Police or even your attorney decide your fate without your input. Call us today for a team that is willing to go the distance to fight for you.

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.

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//

Monday, November 25, 2013

Don't Go It Alone When Facing Drug Charges In The Commonwealth Of Massachusetts

Every year, young Black and Latino men are being disproportionately jailed and imprisoned at an alarming rate compared to their Caucasian counterparts guilty of the same offense. The war on drugs has proven to be a catalyst for imprisoning otherwise non violent offenders. As a result, we send drug users to jail in lieu of treatment. We then create a criminal by housing them with violent offenders. In an effort to stay alive, they too must embrace the violent culture within our prison's walls.

Until reform comes, one can expect to face the harsh drug penalties of today. Going it alone is ill advised. When facing drug charges, you will need someone on your side who is aware of the complicated drug laws and how to find alternative solutions, such as rehabilitation and/or probation.

If you or someone you know is facing drug charges, 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//