Boston Harborfest 2015
Harborfest will run July 1 through July 5, 2015.
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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.
Wednesday, June 17, 2015
Monday, June 15, 2015
Armed Robbery
With summer often comes a spike in armed robbery as more
people are traveling around the greater Boston area. This is a very serious crime. In Massachusetts armed robbery carries a
maximum sentence of life in prison. Did
you know that you can be charged with this offense without actually having a
weapon on your person? The mere mention
of a possible weapon may bring with it a maximum charge.
If someone invades a home in the Commonwealth it is known as
armed burglary or armed home invasion.
This crime also carries a maximum penalty of life in prison. In Massachusetts there are constitutional
safeguards that allow a skilled criminal attorney to suppress an improper
identification of the assailant. It is
also important to know that there are very specific procedures that the police
must follow to properly search and seize the weapon in question.
Obviously armed robbery is an extremely serious
accusation. You need an extremely
skilled Massachusetts criminal defense attorney with years of experience in
criminal court. If you or someone you
know has been accused of armed robbery contact attorney Paul R. Moraski
immediately at (978) 397-0011. In a case
like this every second counts!
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.
Tuesday, May 12, 2015
The Sentencing of Dzhokhar Tsarnaev
Around the world the public has been riveted by the trial
and sentencing of the Boston Marathon Bomber.
It reminds us that Massachusetts is tough on crime and still recognizes
capital punishment as a deterrent to violent crimes. This tradition goes back to colonial times
when Massachusetts was one of the first colonies to carry out the death
penalty. In 1900, the state installed an
electric chair to be used in death penalty cases. Electrocution was the most
common form of execution in the Commonwealth until capital punishment was
abolished in 1984.
The Commonwealth now votes decidedly against the death
penalty. However when it comes to
punishing people who have been convicted of crimes the state remains
rigid. The state’s population in prison
or jail has tripled since the early 1980s and state spending on corrections
policies will top $2 billion over the next decade, up from more than $1 billion
currently, without major changes in public policy.
It is imperative that no matter what nature of crime you or
a loved one may be accused of that you seek out the best representation
possible. This is not only true in the
trial stage, but in the sentencing stage, if heaven forbid it should ever come
to that. For aggressive representation
of criminal law, contact attorney Paul Moraski at (978) 397-0011. Your future is at stake here…make the right
call now!
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.
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