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

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 5, 2015

How are Massachusetts Residents Effected by The Controlled Substances Act?

In Massachusetts, thousands of people are charged with drug crimes every year.  The U.S. Controlled Substances Act sets the criteria for what constitutes criminal offenses in the manufacturing, possession, sale and abuse of drugs. According to state and federal laws, a controlled substance considered to be a drug can be:
  • Cocaine
  • Heroin
  • Methamphetamines
  • Barbiturates
  • Marijuana
  • Illegally prescribed or abuse of prescription drugs
  • Altered over-the-counter drugs
  • Other illegal substances
The above list includes some of the most insidious drugs and some that when taken in moderation are actually beneficial.  For instance, prescription drugs that have been abused because an individual has taken more than prescribed because they were purchased illegally. 

If you have sold some of the less dangerous drugs such as marijuana, prescription drugs, or barbiturates you are just as guilty and you require strong representation in the Commonwealth of Massachusetts.  Contact The Law Office of Paul Moraski at (978) 397-0011 right away for aggressive help with your drug crime accusation.

Wednesday, May 21, 2014

A Competent Attorney Who Understands The Intricate Massachusetts Drug Laws

Drug possession is a serious charge that can create a ripple effect that haunts you for a lifetime. Whether trying to gain employment, housing and or financing, a drug charge can undo all of those possibilities making life extremely difficult.

If you are facing drug charges in the State of Massachusetts there are a few things you should know...

In Massachusetts, a conviction for any drug charge, even "simple" possession, will automatically result in a 1 year loss of your driver's license, and potentially jail time. The collateral effects of a drug conviction are far reaching, as it will automatically bar you from ever obtaining certain licenses. For example, you can never obtain a Massachusetts liquor license to own a bar or restaurant, and you can forget about owning a gun.

Those are startling realities. Facing it alone will guarantee that all previously mentioned scenarios will come to fruition. The State does not go lightly on drug offenders. If it is your first offense, you will still need a competent attorney who understands the intricate Massachusetts drug laws. If you are convicted of a first offense, having no other drug-related convictions or felonies on your record, for possession of more than one ounce of marijuana, or for possession of a class E substance,( say, more than an ounce of marijuana) you are entitled to probation (no jail time). That’s the best scenario you can expect going it alone. We will fight to reduce if not eliminate the charges altogether. Your future shouldn’t go down the drain because of a couple of mistakes made.

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//

Tuesday, October 2, 2012

What Does Chemist Annie Dookhan's Arrest Mean For Your Case?

Friday, September 28, chemist Annie Dookhan was arrested for falsifying drug tests results. Her actions resulted in countless convictions of people whose freedom depended on the accuracy of these tests. Her arrest has led to the closing of a Massachusetts State lab where she worked for nine years.

Attorney General Martha Coakley said in a news conference, "Annie Dookhan's alleged actions corrupted the integrity of the entire criminal justice system." She went on to add, "There are many victims as a result of this."

Following Dookhan's arrest, roughly 20 defendants have been released while their attorneys challenge the drug charges against them. During Dookhan's nine year career, she tested more that 60,000 drug samples pertaining to 34,000 defendant's cases. Many more defendants are expected to be released in the future.

Dookhan told state police that on occasion she would add cocaine to a negative sample in order to falsify a positive result. She also said that she would take roughly 20 samples and rather then testing them all, only test about five and then list them all as positive. Dookhan forged her co-worker's signatures and lied about having a master's degree in chemistry. State officials found 1,141 defendants who are currently serving time as a result of Dookhan's testing.

Governor Deval Patrick said that people currently incarcerated will be the state's first priority. That will be followed by people who have already served sentences and people awaiting trial. The problem is that the State is not going to do anything for your case or your loved one’s case without his or her attorney pushing for a New Trial, Stay of Execution (whether post conviction or after plea) or a looking into the discovery process after or before a conviction.

Attorney Paul R. Moraski is currently working dozens of cases because of these falsified drug results. Attorney Moraski is taking the approach that any case involving Annie Dookhan is tainted and warrants a new trial. Attorney Moraski is currently filing on the behalf of clients: Motions for a New Trial, Stays of Execution and Motions for Post Conviction Discovery.

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, February 22, 2012

Educate Yourself About The Marijuana Laws In Massachusetts

It is important to understand that the differences in how marijuana is carried can vastly affect your penalty ranging from a civil offense to a mandatory prison sentence.  
Under current Massachusetts Law, possessing under an ounce (28 grams) of marijuana is considered to be a civil offense and could result in a $100 fine.  However, the way marijuana is packaged could be the difference between paying a $100 fine to serving a prison sentence of at least two years.  Someone who possesses an ounce of marijuana could pay the $100 fine if it is packaged in one bag only--on the contrary, someone who possesses five so called “20 sacks” (which is roughly 5 grams of marijuana) could be charged with distribution. 
While possession of one ounce or less of marijuana is considered decriminalized, a defendant may be criminally charged with possession with the intent to distribute if the defendant gives the impression that a marijuana sale is being conducted.  Examples of this would be the fact that marijuana is divided into individual baggies, the presence of a drug scale, money, customer lists, multiple cell phones and numerous empty baggies.  All of these things are indicia of drug dealing as opposed to just mere possession. Being that possession with the intent to distribute marijuana is considered a felony; if the individual is arrested within 1,000 feet of a school zone or a 100 feet of a park, there is a minimum mandatory two year prison sentence. 
By better educating yourself about the marijuana laws in Massachusetts, you can enjoy piece of mind that you are abiding by the law. For additional information or to set up a consultation please Contact Attorney Paul R. Moraski at 978-744-1200, or Visit our websites at www.MassDefense.com,  www.MassDrugDefense.com and www.NorthofBostonLaw.com
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370