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Recent Blog Posts
Many Home Buyers Waiving Home Inspection Contingency
One of the surprising trends to occur during the COVID-19 pandemic – and one that has continued long beyond it – is how competitive the residential real estate market has become. It is not an uncommon sight for a “under contract” sign to go up within days of the “for sale” sign being put out. It is also not unusual for a bidding war to take place, with potential buyers offering even more than what the asking price of the home is. There is no doubt that this period has been a seller’s market, however, this can sometimes mean that a buyer is willing to waive certain contingencies in order to seal the deal. But this can turn out to be an expensive mistake.
Waiving Contingencies
When a seller agrees to a potential buyer’s offer, they will sign an Offers to Purchase contract. This contract covers the purchase price agreed upon by both parties, as well as other terms. One of the most critical terms is the amount of time the seller has to accept the buyer’s offer. This contract also often has contingencies that allow either party to cancel the contract without legal liability.
Is Drug Addiction a Valid Defense for Drug Crimes in Connecticut?
According to national statistics, there are more than two million people who are incarcerated in the United States. Many of those who are being held are in the criminal justice system because of substance abuse issues. In fact, according to FBI statistics, the majority of arrests are for some type of drug abuse violations, and one out of five people are being held for drug-related crimes.
Crime and Addiction
The statistics on drug addiction and its link to criminal offenses are overwhelming. In a report by the U.S. Bureau of Justice, it is estimated that more than 20 percent of all people who are being held in prisons and jails are there because the committed crimes in their attempt to get drugs. This comes to approximately a half million people who are incarcerated because of their drug addictions.
Collateral Consequences of a Felony Conviction in Connecticut
When a person is convicted of a crime, the court will hand down the sentence they are required to serve, with the severity of that sentence dependent on the severity of the crime, along with the circumstances of the case.
Once the sentence has been completed, the defendant may believe they have “paid their debt to society” for the crime they have been convicted of, however, if that crime was a felony, there may be collateral consequences that will have an impact on the defendant’s future.
Felony Charges
In Connecticut, there are several classes of felonies a person may be charged with. The class of felony charged will determine the minimum/maximum sentence the defendant will face if convicted:
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Capital A felony – Life without possibility of release
New Connecticut Law Codifies CSP Hate Crime Investigative Unit
Last month, Governor Ned Lamont signed into law Public Act 22-9, a new law that – among other things – will ensure the ability of the Connecticut State Police’s Hate Crime Investigative Unit will have the tools the unit needs to continue its work. The unit was originally established in October 2021 but was never codified into law.
Along with codifying the unit into law, the law also requires the state to develop a reporting system and best practices, and a model of the investigation policy that law enforcement should use when investigating hate crimes. The law also places time requirements which state that law enforcement has to report hate crimes to the CSP Hate Crimes Investigative Unit, and designates the head of the unit to sit on the State-Wide Hate Crimes Advisory Council.
Hate Crime Investigative Unit
What Are the Different Types of Liens Creditors Can Put on Property?
When someone applies for a mortgage to purchase a home, one of the requirements the mortgage company has is that there be no issues regarding the deed to the property. In order to ensure this, the mortgage company (or the buyer) will hire a title company to do a title search to confirm the legal ownership and to make sure there are no liens on the property.
Liens are legal claims or rights that are placed on a property by a creditor. The lien gives the creditor stake in the property if the property is sold. The problem for the property owner, however, is the property cannot be sold unless the lien is lifted.
While some liens are expected and accepted – such as the lien a mortgage company places on the property when they grant a mortgage – there are other liens that are not acceptable. The following is an overview of the different types of liens that could be found in a title search.
When Does Discipline Become Child Abuse in Connecticut?
Several years ago, a well-known NFL football player was arrested for child abuse because he used a tree branch as a switch to discipline his then four-year-old son. The man claimed he never intended to abuse or harm his son and was only disciplining him in the same manner his parents disciplined him when he was a child. But prosecutors said that by using a tree branch and hitting his son multiple times, the player’s actions went beyond mere discipline and were abusive. The case caused a national debate about what type of acts crosses the line between discipline and abuse.
Player Charged
According to prosecutors in the above case, the boy suffered bruises and cuts all over his body. The player was charged with felony child abuse. He eventually pleaded no contest to a reduced charge of misdemeanor assault and received two years’ probation, a fine of $4,000, and was ordered to perform 80 hours of community service. He was also suspended from the NFL for one year. Four years later, in an interview, the player admitted to sometimes using a belt to discipline the boy.
Appealing a Connecticut Criminal Conviction
When a person is convicted of a crime, there may be grounds to have that conviction overturned. This can happen if there were errors made during the original trial and they are granted an appeal. If you have been convicted, contact a criminal defense attorney to find out if your case may be eligible for the appeal process.
Filing an Appeal
There are several ways a convicted person can appeal a court’s verdict. The defendant can file a motion to request the trial judge overturn the jury’s guilty verdict and enter a new verdict of not guilty. This is referred to as judgement notwithstanding the verdict (JNOV).
Reckless Driving Charges in Connecticut
Reckless driving can be defined as the act of operating a vehicle in a manner that shows a wanton or willful disregard for the safety and well-being of any person or property. When a person is charged with reckless driving, it is because the police officer believes that not only did the driver choose to operate their vehicle in a dangerous manner, but they did also so despite the dangerous risks that behavior created.
In Connecticut, reckless driving is charged as a misdemeanor, not as a traffic violation. This means that the driver will be arrested and the case will be handled in the criminal court system. It also means that a conviction will become part of the driver’s criminal record.
What Are the Most Common Types of Reckless Driving Violations?
While there are a myriad of behaviors that fall into this category, some of the more common acts that can result in reckless driving charges:
Why Both Buyers and Sellers Need a Real Estate Attorney
One of the most significant financial transactions that a person makes in their lifetime involves the sale or purchase of a home. Because of the all the legalities – and money – involved, anyone who is buying or selling a home should consult with a qualified real estate lawyer who will look out for their best interest and walk them throughout the process. Your lawyer will make sure that your interests are protected as they help guide the transaction as efficiently and smoothly as possible.
Signing Real Estate Contracts
Whether you are purchasing a home or selling a home, at some point you in this process, you will be asked by the real estate agent you are dealing with to sign a contract. This contract will stipulate either what your obligations are as the buyer or what they are as the seller.
No matter what side of the sale you are on, make sure you consult with a and attorney who specializes in residential real estate law to ensure that the contract serves your best interest. Some of the issues the attorney will evaluate is how long the contract is in place and what type of commission the agent will earn. Your attorney can be with you from the initial offer of the home all the way to the day of closing, making sure you understand all of your rights, as well as what your obligations are.
Can I Have My Criminal Record Expunged in Connecticut?
When a person is charged with a crime, they will either be convicted of the crime, found not guilty, make a plea agreement with the prosecutor, or the charges will be dropped with no further action.
For those individuals who end up having that conviction on their record, there can be serious ramifications that could have a detrimental impact on their future. In certain situations, the person may be able to have the incident stricken from their criminal record. In Connecticut, this is referred to as an expungement or absolute pardon.
Automatic Expungement of a Criminal Record
A popular misconception is that a criminal record only comes into existence upon a conviction, when in reality, a person who has been arrested but not convicted, or arrested and charged but found not guilty, also has a criminal record.
The Law Offices of Daniel P. Weiner in Stamford, Connecticut serves clients in Greenwich, Norwalk, New Canaan, Darien, Westport, Bridgeport, Fairfield, Danbury, Wilton and clients throughout Fairfield County and across Connecticut (CT).
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