Posted on August 14,2020 in Criminal Defense

Breach of the peace is a crime that sounds antiquated as if no one has been charged with it in decades. Unfortunately, the reality is that it is a common crime even today, and people are charged with it for something they may see as inconsequential - for example, playing one’s music too loud, or using obscene language in public. If you are charged with breach of the peace, you must try to understand the charge against you and contact an attorney who can help to ensure your rights are protected.

What Is A Breach?

Breach of the peace in Connecticut can encompass a lot of different actions, from aggressive or threatening behavior to making threats against a person or their property, to committing assault or battery. (Note that assault and battery are two different causes of action - assault is committed when someone is put in imminent, reasonable fear for their own safety, while the battery is the actual physical contact that perpetuates that fear.)

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 Posted on August 07,2020 in Real Estate Law

Depending on where you live, or where you are looking to buy a house, you may or may not need a real estate attorney by your side. Some states require attorneys to be involved in all real estate transactions while others leave it up to the buyer or seller’s discretion. Connecticut is one of the few states that does not require a lawyer to be present at all real estate closings. Some may see this freedom as a benefit of living in Connecticut; however, this lack of legal assistance can lead many Connecticut homebuyers into rocky waters.

When Am I Required to Hire a Real Estate Lawyer?

Connecticut statutes do not require attorneys to be involved in the buying or selling of real estate. However, there are two descriptions included in Connecticut law that give the state’s provisions regarding real estate attorneys. According to Connecticut statutes, the following situations warrant the involvement of a real estate lawyer:

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 Posted on July 29,2020 in Theft and Property Crimes

When the average person talks about crime, they may use the terms ‘robbery’ and ‘theft’ or ‘larceny’ interchangeably. However, in Connecticut law, the two have very different meanings. Larceny is what one might think of as simple theft, while robbery is a more serious offense, often carrying a much more serious penalty. If you have been charged with any kind of theft crime, it is crucial to understand your options in terms of how to defend yourself against such charges.

Larceny Crimes In Connecticut Law

“Larceny” is not a specific crime in Connecticut; rather, it is used to describe a large group of offenses in which someone takes, obtains, or withholds another person’s property with the intent to deprive them of it permanently. There are several crimes contained under the umbrella of larceny, and to reflect this, there are six different degrees of larceny crimes under Connecticut law. Examples include embezzlement, shoplifting, conversion of a motor vehicle, theft of services, and several other offenses.

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 Posted on July 22,2020 in Criminal Defense

When someone is convicted of a crime, they experience both direct and collateral consequences. The direct consequences may be a fine or jail time, but the collateral consequences in some cases are arguably worse. If you are a non-citizen and are convicted of certain crimes, one of the collateral consequences may be that you become deportable under U.S. law. Having an attorney on your side who understands this is crucial if you want to avoid potentially avoidable life-changing events.

Two Types Of Deportable Offenses

Many people believe that receiving a U.S. visa or a long-term status like permanent resident essentially gives someone a free pass - that once they have achieved that status, it cannot be taken away. In reality, a visa holder or a green card holder can have their status revoked if they are convicted of certain crimes. U.S. Citizenship and Immigration Services (USCIS) will take the conviction as proof that they are either a danger to the community, or have exhibited such poor moral character that they cannot be considered an asset to the country.

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 Posted on July 15,2020 in Traffic Violations

The overwhelming majority of drivers have been ticketed during their lifetimes, most often for relatively minor offenses. However, minor tickets can add up, or some Connecticut traffic offenses are considered major enough that you could actually be facing jail time. If you have been ticketed for a traffic offense, it can be tempting to simply plead guilty and pay the fine, or comply with other requirements, but this can open you up to potentially serious legal trouble.

Do Not Ignore Traffic Tickets

People who are ticketed for moving violations or other traffic offenses do not often treat them with the seriousness they should. Because the consequences are often seen as inconsequential - for example, a well-off driver cited for speeding may face a small fine, especially if it is a first offense - many people simply choose to pay the ticket, unaware that they are basically admitting guilt when they do so. In Connecticut, paying a traffic ticket without contesting it is considered a plea of nolo contendere (“no contest”), meaning you do not dispute what you are being charged with.

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 Posted on July 08,2020 in Violent Crimes

Most of U.S. law hinges around the idea that the Constitution protects the right to free speech, and in the strong majority of situations, a person can say what they wish without fear of reprisal. However, there are some rare situations in which mere words can be punished, especially when they communicate conduct that might be threatening in itself. Being charged with threatening in the first or second degree has become more common than it used to be, especially in situations involving bullying or domestic violence, and the consequences can be severe.

There Are Limits to Free Speech

While most people may think that speech is only punished under authoritarian regimes, the reality is that U.S. law has had what it calls time, place, and manner restrictions on free speech since the beginning - particularly when it comes to what is called ‘fighting words.’ The fighting words doctrine is an idea developed in 20th-century cases, essentially holding that any kind of speech that is an incitement to “imminent lawless action” or retaliation of any kind is not protected by the First Amendment.

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 Posted on June 25,2020 in Traffic Violations

There are several different reasons that your Connecticut driver’s license might be suspended, from accumulating too many points on your record to driving under the influence of alcohol or drugs. Depending on the underlying reasons for the suspension, getting your license back can be a time-consuming endeavor, even though you may need your car to get to school or work. If you have an experienced attorney to help you negotiate the process, it can mean that you get your license back sooner.

Why Suspension?

Between adult and teen drivers, there are countless reasons that a court may either suspend your license or in the case of teen drivers, refuse to grant your application for a license. In addition to point accumulation or DUI, adults can lose their license for failing to answer a summons or pass a remedial drivers’ education course, for committing crimes like vehicular homicide, and for having too many accumulated traffic violations. Teens can have their license suspended for reckless driving or any kind of offense that implies recklessness; these offenses are violations of Connecticut’s teen driving statutes.

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 Posted on June 18,2020 in Drug Charges

There are several legitimate medical uses for drugs that are otherwise considered dangerous and illegal to possess - for example, opioids and other painkillers. However, they do not always stay in the right hands, or if they do, sometimes they can be used to excess. If you have been charged with illegal use of prescription drugs in Connecticut, having an experienced attorney on your side can make all the difference in your case.

Drug Crimes Can Carry Serious Sentences

Prescription drugs are covered under Connecticut’s possession and trafficking statutes, and even for a first offense, the consequences can be strict. In addition, Connecticut has specific regulations prohibiting subsidiary offenses like doctor shopping (going to multiple doctors for controlled substances without disclosing that fact to any of the doctors) or obtaining prescription drugs by fraud, which carry their own sentences in addition to any possession charge that you may face.

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 Posted on June 11,2020 in Theft and Property Crimes

Both juveniles and adults will occasionally engage in shoplifting, for a variety of reasons. However, if you are caught and charged with the theft crime, the consequences can be quite severe. Talking to an experienced attorney can help you understand your options and how best to handle the situation, as trying to navigate the process on your own can lead to significant financial and social issues later on.

Can Be Misdemeanor Or Felony

In Connecticut, there is no such thing as a ‘shoplifting’ charge; rather, a person is charged with larceny, with the degree depending on the dollar value of the item or items they stole. Generally, a person is charged with shoplifting if it can be shown that they intentionally took possession of items offered at a ‘place of sale’ - for example, a store, a flea market or garage/tag sale - without any intent to pay for them. There are six degrees of larceny in Connecticut, with the values ranging from $500 and under for sixth-degree larceny, to over $20,000 for a charge of first-degree larceny.

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 Posted on June 04,2020 in Juvenile Crimes

In Connecticut, anyone under the age of 18 who is accused of committing a crime will generally be arrested and made to appear before a juvenile court to discuss the case. If your family has never before been involved with the law, this whole process can be a terrible and frightening time. An experienced juvenile justice attorney can help answer any questions and alleviate concerns that you might have so that your child can be certain to have their rights protected during the legal process.

Q: If my child is arrested, do I have any rights during the process?

A: Yes. Parents have a right to be informed about their child’s arrest and are permitted to refuse any interrogation of their children. Arrested juveniles also have a fairly high chance of being released into a parent’s custody unless the alleged offense is very serious (in which case, it will likely be transferred to adult court, where your child will be treated in a similar manner to any other adult offender).

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