Posted on September 17, 2022 in Driving Under the Influence

Most people agree that it can be dangerous to drink and drive. It is also illegal. If you are caught driving your vehicle while under the influence of alcohol, you face stiff penalties if you are convicted.

But not every person who police arrest for DUI is actually guilty of the crime. In fact, in many cases, the person has a medical condition that mimics being intoxicated, and this can – and does – lead to false drunk driving arrests.

Diabetes

It is not uncommon for a person who has diabetes to have periods where they are dealing with confusion, loss of coordination, and other similar symptoms of intoxication. However, it is not intoxication that is causing these issues but low blood sugar levels.

If the diabetes has progressed to where the person needs insulin, even just the delay of a meal can cause a bad reaction, leaving the person with impaired coordination, slurred speech, confusion, and even loss of consciousness – all the same things police look for when they have stopped a driver for suspicion of drunk driving.

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 Posted on September 06, 2022 in Criminal Defense

The American criminal justice system is based on the principle that every defendant is innocent until proven guilty. This means that the prosecution must prove beyond a reasonable doubt that the person who has been charged with the crime is guilty of that crime. If the prosecutor cannot prove the required elements, then the jury must find the accused not guilty.

However, there are some cases where the person arrested for the crime is still acquitted even if the prosecutor was successful in proving their case. In these situations, a criminal defense attorney raises what is legally referred to as an “affirmative defense.”

What Is an Affirmative Defense?

An affirmative defense is one where the accused produces evidence with the goal of negating any criminal liability for the crime for which they have been arrested even if they actually committed the act. Instead of the burden of proof being on the prosecutor to prove that the defendant committed the crime, it is the defendant who must prove that they were justified or had some other excuse for committing the act and therefore should not be punished for it. The prosecutor is not required to disprove this type of defense.

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 Posted on August 26, 2022 in Real Estate Law

The process to purchase a home can be financially and legally complex. A home may also be one of the largest investments you ever make. This is why it is so critical to have a seasoned Connecticut residential real estate attorney representing you to make sure you are protected in the event of any issues, like the almost financially catastrophic experience that one Connecticut homebuyer recently went through.

Who Is the Real Owner?

According to Newtown, CT police, last year, the buyer discovered an uninhabited home located on Lake Zoar that he thought would be a good investment. He did some research to find the current owner. He was able to obtain the owner’s name through town records but the only contact information on record was a post office box. The man did an online name search and found three people who could potentially be the owner of the property.

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 Posted on August 18, 2022 in Criminal Defense

There has been much in the news over the past week or so regarding the Fifth Amendment. According to a statement released from the New York Attorney General’s Office, former President Donald Trump invoked the Fifth Amendment to more than 400 questions during a deposition earlier this month. The AG’s office is conducting a civil investigation into the former president’s business dealings. This has led many people to wonder when a person can invoke the Fifth and what exactly it means to do so.

What Is the Fifth Amendment?

The Fifth Amendment of the United States Constitution, added in 1791, creates certain individual rights for both criminal and civil legal proceedings. Under the law, an individual only has to answer for their crimes when “on presentment or indictment of a Grand Jury.” In these situations, the Fifth can be invoked if one or more of the following circumstances exist:

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 Posted on August 15, 2022 in Criminal Defense

Platforms like GoFundMe provide a way for people to raise money for all different causes, including charities, events, and people who are facing challenging circumstances like serious illnesses and financial disasters. But what happens when someone sets up an online fundraiser that is not legitimate? Can they face criminal charges? According to the FBI, not only are scam fundraisers illegal, but if someone perpetrating a scam fundraiser is caught, he or she will be charged with a federal offense, just like a recent case in New Jersey.

Scam GoFundMe Raises $400,000

This case stemmed from a GoFundMe campaign a New Jersey woman and her then-boyfriend set up in 2017. In a story that went viral nationwide, the woman posted on her social media account that she had run out of gas and gotten stuck on a highway in Philadelphia. According to the woman’s claim, a homeless man saw her and gave her his last $20 for gas. Her post even included a photo of herself with the man. She and her boyfriend then set up the campaign, claiming they wanted to pay it forward by raising money for the homeless man.

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 Posted on August 04, 2022 in Criminal Defense

Originally published: November 8, 2021

Updated: August 4, 2022 

Update: Last year, our firm explained several proposed changes that Connecticut lawmakers were proposing in an effort to combat rising car theft rates in the state, particularly among juvenile offenders. Last month, the governor signed into law the final bill approved by the Connecticut General Assembly, Public Act 22-115.

Provisions included in the final version include the following:

• All juveniles who are arrested but are not being detained must have a hearing before the court within five business days.

• A juvenile can be held for up to eight hours (increased from the current six) if law enforcement is attempting to contact a parent or guardian or is waiting for a court ruling for a detention order.

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 Posted on July 29, 2022 in Real Estate Law

Even after more than a year of the residential real estate market soaring, it is still moving at a booming rate. Recently released spring residential real estate statistics show that properties continue to sell as quickly as they are listed on the market and bidding wars are still taking place. Given this pace – and the legalities that can be involved – it is important that anyone who is in the market to purchase a home should have a skilled Fairfield County real estate attorney representing them.

Spring Housing Numbers

The strong demand for residential homes continues to make it a seller’s market, with the average list-to-sale price ratio at 103.1, despite slowly increasing interest rates. 

According to statewide data, houses are still moving quickly off the market. In some Connecticut towns, fifty percent of the houses that sold in the month of May went under contract within five days of being listed. In some areas, contracts were signed within two days of the listing.

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 Posted on July 21, 2022 in Theft and Property Crimes

Some people think of shoplifting as a petty crime, usually committed by teens on a dare from their friends. However, the reality is that shoplifting – also referred to as retail theft – is a serious charge that could result in significant penalties if the person charged is convicted.

If you have been charged with retail theft, you need a skilled Stamford defense attorney advocating for you.

Shoplifting Charges

Under Connecticut law, there are two different ways a person can be charged with shoplifting. They have either taken merchandise from the store without paying for it or they have switched the tags or packaging of one item with the tags or packaging of another item that has a lower price.

The category of crime you are charged with depends on the dollar value of the items that you are accused of shoplifting:

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 Posted on July 18, 2022 in Sex Crimes

The state of Connecticut takes the crimes of rape and sexual assaults very seriously. The penalties for convictions are harsh, often resulting in jail time and the requirement to register with the state’s sex offender registry. The impact on an accused’s future can be dire. If you have been accused of sexual assault, you need an aggressive Stamford defense attorney aggressively fighting for you against these charges.

How Does Connecticut Define Rape?

Under Connecticut law, there are several acts that can result in a charge of sexual assault in the first degree. These acts include:

• Forces an individual to engage in sexual interforce by using force or the threat of using force against that individual or against a third party. If the victim is under the age of 16, the charge is elevated to a class A felony which can result in sentencing enhancement.

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 Posted on July 11, 2022 in Theft and Property Crimes

The recent rise in catalytic converter thefts has hit just about every state in the country, including right here in Connecticut. Examples of just how serious a problem it has become over the past few months include thefts of catalytic converters off of more than a dozen Easter Seal vans in Waterville and 18 school buses in Plainville. In May, a man in Milford needed 300 stitches after a confrontation with a man who was using a Sawzall to cut off a catalytic converter from a parked vehicle.

In response to these and other incidents, lawmakers passed a new law that went into effect July 1, implementing stringent restrictions on who motor vehicle recyclers can purchase these parts from and how those sales must be documented.

Thefts Soar

According to statistics from the National Insurance Crime Bureau, the number of catalytic converter thefts skyrocketed from 3,400 in 2019 to 14,400 in 2020, a more than 400 percent increase in one year – those numbers continue to soar.

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