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.

The Jeffrey Deskovic Foundation for Justice

The justice system is said to have a blind eye. Unfortunately, that blindness can also lead to a false arrest, conviction, and imprisonment. Regrettably for Jeffrey Deskovic, of Peekskill, NY, that is exactly what happened.

Imagine the horror you would feel once the cuffs were placed around your wrists, you're read your rights and then tossed in the back of a squad car. In your mind you're thinking, "I didn't do anything, they have to let me go." The reality is you matched a description and until someone who matches it better comes along, you're their guy.

In the case of Jeffrey Deskovic, he was arrested and convicted on false charges of rape and murder due to a botched investigation. That was in 1989. For the next 16 years he would be incarcerated. An innocent man. It wasn't until 2006 when he was finally exonerated as a result of DNA testing.

The City of Peekskill ultimately awarded Deskovic more than 5 million dollars for his troubles. However, that award did not come with an apology. That could have been an opportunity for all personnel involved to own up to the mistake and set the record straight that injustice won't be tolerated. As it stands, the City foot the bill for the money awarded, but the police and prosecutors still remain mum on the huge faux pas. Deskovic has since used $1.5 million of his compensation funds to establish The Jeffrey Deskovic Foundation for Justice, a non-profit working to exonerate the innocent and raise public awareness about wrongful convictions.

If you are facing criminal charges and are thinking to yourself, "I'm innocent, I have nothing to worry about." --Think again. Prosecutors and police love closing cases. It keeps there numbers in the black and it shows citizens that crime isn't going unpunished. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for a consultation if you or a loved on has 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//

Chemist Sends Enormous Ripple Throughout Massachusetts' Legal System

This past September, chemist Annie Dookhan, was arrested for falsifying drug test results. As we discussed in October's blog, her actions have sent an enormous ripple throughout the Massachusetts legal system.

As of today, the state of Massachusetts is forging ahead with a plan to retry every case that Dookhan's actions affected... which in reality is in the tens-of-thousands. Her tenure spans over nine years, and any evidence that came through her lab is now suspect whether or not she specifically handled a case. It is estimated by court administrators that in addition to the 34,000 cases in which she was personally involved, her actions would require that the remaining 102,000 cases that didn't bear her name, but did pass through her lab, also be retried.

You may be wondering the cost of all of this. The cost is becoming more astounding by the day. It is estimated that the preliminary costs could well exceed 30 million dollars. And that is merely the beginning. Many are discouraged with the state of Massachusetts' plan to retry each case. Its cost is staggering and piling on by the day, which is why many feel that it would be much more effective to release the prisoners and reenter them into society. This is a method that Boston Mayor Thomas Menino strongly favors, and one that has proven to work before. He has requested 15 million dollars to fund such a venture. The savings and the results would prove beneficial. If we continue with the status quo, it could cost over 50 million dollars and take more than five years to see through. Many would like to see an outside probe brought in to perform an independent review.

Annie Dookhan's blatant perversion of the law affected thousands of lives and will resonate emotionally and financially for the families and the state for years to come. Now that the elections are over, the state of Massachusetts is mired in the web of calamity that this scandal has presented. Sentiments to rethink the current method are growing.

To date, Attorney Moraski has been filing Motions for a New Trial, Motions to Stay the Execution of a Jail/Prison Sentences, Motions for Post Conviction Discovery Requests and Motions to Withdraw Guilty Pleas. 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

Restraining Order Laws in the Commonwealth of Massachusetts (209A Order)

Restraining Orders are designed to allow an order to be issued very quickly and easily; however, they are not so easy to get rid of. In Massachusetts, a person may obtain a Restraining Order ex parte, meaning; the accused will most likely not be present in front of the Judge to explain his or her side of the story. Rather, the Judge will rule based on the accusers version of the events, which oftentimes will be satisfied by just reading the accuser’s affidavit. Restraining Order laws have been enacted in order to protect people that have been suffering from abuse. However, sometimes people abuse the laws and take out Frivolous Restraining Orders, for personal gain.

In most cases, the accuser will be able to get a temporary 10 day Restraining Order issued against you. The Judge will then give you a date to come back to Court, usually within the 10 days. When you come back to Court on the 10 Day Hearing Date, you have the opportunity to have a full evidentiary hearing. It is imperative that you get an experienced attorney who can present your version of the facts. At the Full Restraining Order Hearing you have the right to have an attorney cross examine the person applying for the Restraining Order, submit exhibits to the Court and present witnesses on your own behalf.

Most people think they can simply give the Judge their account of the situation, and everything will be okay; that is most often not the case. The Judicial Process can be overwhelming and if all of the facts are not properly presented, you can find yourself in a life altering scenario. Even though a Restraining Order is considered to be a Civil Matter, it has Criminal implications. This means the accuser has been just granted a weapon in which to use against you. This person can now call the police anytime he or she is upset with you, angry that a custody proceeding didn’t go his or her way or mad that you are in a new dating relationship. If a Restraining Order is issued by the Court you may be ordered to vacate your home, avoid contact with the accuser, not abuse the accuser in anyway, and surrender all of your firearms and ammunition to the local police station. It is also possible that if the Restraining Order is issued out of the District Court, which oftentimes they are, you may not have any contact with your own children until the Restraining Order gets modified in the Probate and Family Court, which can take time.

Restraining Orders are used with great success in our society to protect citizens from harm. However, in today’s society, a Restraining Order is being used more and more for litigation purposes to manipulate divorce proceedings, child custody hearings and for one’s own personal gain. If a Restraining Order is issued against you and you violate the terms of that order for whatever reason, you will be subject to arrest, jail time, fines and a permanent criminal record. If you find yourself on the receiving end of a Restraining Order, please 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
www.northofbostonlaw.com
www.massdefense.com
www.massdrugdefense.com

Domestic Violence Laws in the Commonwealth of Massachusetts

Domestic Violence is a term that renders a knee-jerk reaction when mentioned. When one has been accused of Domestic Violence, it often places that person in a difficult position. Especially if the allegations are false.

Domestic Violence laws in the Commonwealth of Massachusetts have served victims of crimes in many situations; however this is not always the case. In Massachusetts, when there are false allegations being made, oftentimes it becomes a race… The finish line?  The police station. He or she who arrives first will be the one pressing charges. Second place, a trip to jail, criminal record and/or loss of employment. Unfair odds when we are talking about someone’s life, reputation in the community or livelihood. Domestic Violence is not a game and shouldn't be treated as such.  

Oftentimes, Police Officers do not know whose word to believe and that is why many times the person who reports the crime first will be in the driver’s seat.  What many citizens of Massachusetts do not realize is that the Domestic Violence Law, by statute, prefers arresting the person who is alleged to be the aggressor, even if there is no physical evidence to corroborate the complaining witnesses’ story.  This is why an experienced and thorough Criminal Defense Attorney can conduct an investigation into the facts, witnesses, participants and physical evidence in an effort to uncover the truth.  It is common for bitter ex-girlfriend or ex-boyfriend, spouse or in-law to report a False Allegation regarding Domestic Abuse in order to get the upper hand in a custody battle, revenge or monetary gain.  The worst mistake that someone can make when a False Allegation is made regarding Domestic Violence is not hiring an Experienced Criminal Defense Attorney.  Not doing so could lead to a lifetime of major difficulties whether obtaining employment, housing, credit, etc. 

Don’t let yourself become a victim of a False Allegation regarding Domestic Violence.  It is paramount to exercise your rights in such dire situations. For more information on this matter and any other domestic violence-related charges such as Domestic Assault and Battery, Domestic Assault, Criminal Harassment, Stalking, Threatening, and/or Intimidation of a Witness in the Commonwealth of Massachusetts, please Contact Attorney Paul R. Moraski at 978-744-1200.

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

attorneymoraski@yahoo.com

www.northofbostonlaw.com

www.massdefense.com

www.massdrugdefense.com