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 Marijuana possession. Show all posts
Showing posts with label Marijuana possession. Show all posts

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