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

Tuesday, May 3, 2016

Criminal Addicts in Massachusetts.

It is estimated that over half of the 2+ million people in U.S. prisons have a clinical addiction.  These statistics come from the National Association of Drug Court Professionals.  If the underlying cause of crime is that someone is addicted, then what are we doing as a society to address and start ameliorating that problem?

When someone you love has been accused of a criminal act it is important to understand what was their state of mind when the crime was committed?  In the Commonwealth of Massachusetts there is a special court where defendants who have been proven to have a substance abuse problem are able to be supervised.  Massachusetts now has nearly 30 such drug courts.

Recognizing your options when you or a loved one are accused of committing a crime is essential.  Of course, you need a professional veteran of the court system to understand them all.  That is why your first phone call is to Massachusetts criminal drug court professional Paul R. Moraski.  Being accused of any crime any time demands a call to Attorney Moraski in Boston at (978) 744-1200.

Monday, April 18, 2016

Motorcycle Vehicle Crimes in Massachusetts.

Just because you are involved in a traffic offense with a motorcycle does not minimize the exposure.  In the Commonwealth of Massachusetts, a motor vehicle crime of any kind may be charged as a misdemeanor AND a felony.  That’s right…both!  Now we are talking not only about the suspension of your license, but potential jail time as well.

Once there is a court conviction it is too late to turn back the clock.  The Registry of Motor Vehicles or (RMV) will automatically suspend your driver’s license.  Now you are faced with taking public transportation which may cost you your job and certainly disrupt your family.  The process moves quickly when you are involved in a motorcycle related accident.

Whichever side of the incident you may be on it is imperative to contact an attorney immediately.  Massachusetts motorcycle crime attorney Paul R. Moraski is standing by to hear the particulars of your case.  Whatever else you may think, do not consider this just a misdemeanor until you have talked to Attorney Moraski.  Call him immediately at (978) 744-1200.

Tuesday, April 5, 2016

What is a Felony in Massachusetts?

By definition a Felony in Massachusetts is a charge that carries a potential penalty of incarceration in a State Prison, as opposed to just Jail, which is often referred to as a House of Correction sentence.  Please note that a crime remaining at the district court level DOES NOT mean that it is only a misdemeanor.  Many people may believe that a case has to have been “bumped” to superior court to be a felony.  That is not necessarily the case.

Let us use larceny as an exception to the rule.  In Massachusetts, a larceny over $250 is considered a felony.  You would think that this automatically carries a five year sentence.  However, more often than not the jurisdiction is confined to district court.  In that particular case the maximum sentence diminishes to two and a half years.

A felony committed anywhere in the Commonwealth can be a very complicated matter.  You need a strong, experienced Boston felony defense attorney to sort it out for you.  That man is attorney Paul R. Moraski.  He has been defending clients against felony and other criminal charges for many years.  Call him today to discuss your case at (978) 744-1200.

Monday, March 14, 2016

A 209A Massachusetts Restraining Order.

It hits you out of the blue.  Suddenly you are prevented by someone who in the past has been near and dear to you from being in your presence.  They may feel that they need to protect themselves and loved ones from someone whose behavior has become unstable in their opinion.  The burden of proof to file a 10-day restraining order is extremely low and mostly based on one’s good word.

If you live in the Commonwealth you need to be aware of the 209A restraining order.  Anyone who violates this order of projection in ANY way is subject to jail time and fines.  This will also be a part of the violator’s personal criminal record.  As soon as this order has been served you need to immediately get on the phone and hire an experienced attorney in defending these matters.

Massachusetts restraining order defense attorney, Paul R. Moraski has the experience to defend your side of the issue.  Most of the time you have only 10 days to keep the temporary order from becoming permanent.  Someone who is as experienced as Attorney Moraski will investigate, talk to witnesses, and gather documents on your behalf.  You do not have even one day to waste!  Call Attorney Paul Moraski today at (978) 744-1200.

Wednesday, March 2, 2016

White Collar Fraud in Massachusetts.

Here is a topic that is on television and in the movies with great regularity.  Did you see the Bernie Madoff mini-series?  On the surface, white collar theft may seem innocuous compared to violent crimes but as you have seen, thousands of people and millions of dollars may be at stake.  You can be sure that White Collar Crimes are a focal point of law enforcement in the Commonwealth.

There are so many branches of white collar criminality.  For example, public corruption and bribery is a big one.  Stolen credit cards - it has happened to just about all of us is another.  Mortgage fraud, securities fraud, and money laundering are also being scrutinized more carefully than ever.  Now we are coming up on the time of year when tax evasion runs rampant.

If you are about to go to war with powerful prosecutors you must find the right attorney to defend you.  Contact Massachusetts white collar defense attorney Paul R. Moraski immediately.  If you have been contacted by authorities or you even suspect that the possibility is in the offing Attorney Moraski is just a phone call away at (978) 744-1200.

Tuesday, February 16, 2016

Winning a Criminal Defense Case.

Criminal defense is like no other branch of the law.  Losing IS NOT an option.  You must go into a case knowing that you will find a way to win.  Many attorneys tackle criminal defense very differently.  They do not approach each case aggressively.  Some attorneys may even be afraid to take your case for fear of losing.  If there is ANY hesitation run away and find someone else!

In Massachusetts you need to find a lawyer who loves taking criminal cases.  You don’t want some part-timer in criminal defense, but rather someone who makes his living solely in that area of practice.  When you are facing a life-altering criminal charge that includes potential jail time, you need an experienced attorney who will fight for you every step of the way, especially when it goes to trial.

In the Commonwealth of Massachusetts attorney Paul R. Moraski will aggressively tackle your case to WIN!  To gather more detailed information on how to begin the process of winning your criminal case in the Commonwealth, visit Attorney Moraski’s website at www.northofbostonlaw.com and call him for a free phone consultation at (978) 744-1200.

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 18, 2016

Check and Credit Card Fraud.

Now that the holiday season is behind us you or someone you care about may be accused of check or credit card fraud in Massachusetts.  Most of our holiday transactions were done by credit card, and crimes of fraud by credit card holders or someone who may have a card without authorization are very serious matters in the Commonwealth.

When we tell you that law enforcement officers and prosecutors pull out all of the stops to get a conviction we REALLY mean it!  With the technology available to them these days there are sophisticated methods of tracking these cases.  Forgery, identity theft, and credit card fraud are much more traceable than they were years ago.

You need to hire a criminal attorney who does not shy away from a challenge.  If you or someone you know has been accused of check or credit card fraud, seek the same aggressive representation that the prosecutors will muster.  That man in the Commonwealth of Massachusetts is Attorney Paul R. Moraski.  Don’t wait another minute.  Call his office at (978) 744-1200 today.

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.

Monday, November 2, 2015

False Accusations.

It happens every day in this country and there is little in life that is more devastating than being falsely accused of a crime.  This is particularly true in the case of sex crimes when a relationship gone bad turns into someone being vindictive.  The major problem with being falsely accused of a sex crime is that it normally comes down to one person’s word against another.

Did you know that in the Commonwealth of Massachusetts a prosecutor will proceed with a sex crime case EVEN in the absence of DNA, video evidence, or any eye-witness testimony?  It often turns out that the accuser was motivated by such things as child custody, financial gain, or some real or imagined vendetta that they have against the accused.

In Massachusetts, your best defense against a false accusation is Attorney Paul Moraski.  Attorney Moraski will turn the tables and conduct a thorough investigation into the accuser’s background.  He finds that more often than not he will unearth evidence of bias or motivation which led to the false accusation.  Call Attorney Paul Moraski today before things escalate at (978) 397-0011.  Don’t just roll over when someone has it in for you!

Thursday, October 15, 2015

The Ramifications of a DUI

If you are arrested for a DUI (Driving Under the Influence) or OUI (Operating Under the Influence) there are immediate ramifications.  Any and all of the following will apply in Massachusetts:
           
•           Field Sobriety Tests
•           Portable Breath Tests
•           24D Program
•           Probation Costs
•           Breath Test Machines
•           Court Fines
•           Sobrietor Machines
•           Minimum Mandatory Jail Sentences
•           License Suspension and Duration of Suspension
•           14 Day-in-Patient Treatment Program
•           Hardship License (Cinderella License)

The unexpected ramifications may be job termination, a suspended license hindering you from finding new employment, court appearances, even jail time.  It can even prohibit you from qualifying for housing and college admission.

Needless to say, being arrested for a DUI or OUI in the Commonwealth is a very serious situation.  You need a qualified and experienced lawyer in your corner to fight for your rights.  In Massachusetts that person is Attorney Paul R. Moraski.  Call him anytime day or night at (978) 397-0011 for aggressive representation.

Thursday, October 1, 2015

Massachusetts Weapons Possession

Here is an eye-opener if you did not already know it…the Commonwealth of Massachusetts has what may be the strictest guns and weapons possession laws in the country!  For example, if you are accused of possessing a firearm without a license you could be looking at a minimum of a year and a half in jail and suddenly your life has changed forever.

What about unlawful possession of other types of deadly weapons?   These may include switch blades, black jacks, daggers, knives with double edged blades, and even brass knuckles in addition to any type of weapon that may create mayhem.  You see, it doesn’t just have to be a gun.  It might be something that you are just showing off.

Massachusetts criminal attorney Paul Moraski has successfully defended numerous firearms and weapons charges by filing a Motion to Suppress the unlawful possession of Weapons.  Attorney Moraski knows your rights, and the 4th amendment of the Constitution prohibiting unlawful search and seizure is one of them.  If you or someone you care about has been accused of a weapons charge every minute counts.  Call Attorney Paul Moraski for vigorous defense throughout the Commonwealth at (978) 744-1200.

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 4, 2015

Avoid Outstanding Warrants.

Ignoring a warrant for even a minor infraction such as a traffic violation may be dangerous to your future freedom.  What invariably happens is that you get pulled over for speeding or a tail light that is out and now you are in big trouble!  When the cop runs your name and license through the data base you may be in handcuffs and on your way to jail.

Suddenly that old ignored minor infraction has turned into a life-changing experience.  Your first order of business is to remain silent.  Call Attorney Paul Moraski, serving the entire Commonwealth of Massachusetts in all types of criminal matters.

Better yet, call Attorney Moraski BEFORE “D” Day and avoid this matter altogether.  He will advise you of what to do next to avoid the psychological burden of always “living on the lamb”.  It is important to get the proper legal advice from someone who knows the ins and outs of the system.  Attorney Paul Moraski may be reached by calling (978) 397-0011 or visiting him on the web at www.northofbostonlaw.com.

Tuesday, July 14, 2015

Hiring the Right Criminal Defense Attorney

If you or a loved one are ever accused of a crime in Massachusetts it is imperative to hire the best criminal attorney for your case.  How many times have you visited an attorney website and you see that they practice criminal, personal injury, family, and other branches of the law?  Maybe the firm “stacks” their personnel with dozens of different attorneys so that they can “specialize” in different branches of the law.

Massachusetts criminal defense attorney Paul R. Moraski practices NOTHING but criminal law.  When you hire Attorney Moraski to represent you, the next step is his full attention to your life-changing situation.  He knows that being arrested for any type of criminal act presumes that police and prosecutors feel you have to prove your innocence.  This experience would stress out anyone.  Suddenly, it has happened to you or a loved one.

Because Massachusetts is a Commonwealth the rules may be different.  So even if you live in a different state and you’re looking for the best criminal defense for someone in Massachusetts remember this:  Paul Moraski has practiced criminal law in and ONLY in the Commonwealth and that is what he does for a living!  Call someone you can trust to be as passionate about your case as you are.  Contact Attorney Paul Moraski at (978) 744-1200.  He is also available by cell phone if needed at (978) 397-0011.

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.