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Recent Blog Posts
Have You Been Charged with a Connecticut Misdemeanor?
It is very common for someone who has been charged with a misdemeanor to treat the whole episode as somehow not particularly serious or important, especially if they have never had any run-in with the law before. However, it is never a good idea to see criminal charges as inconsequential. If you have been charged with a misdemeanor, contacting a criminal defense lawyer is the first step you should take.
Misdemeanors May Not Stay Misdemeanors
Connecticut criminal law has a wide range of misdemeanors, from disorderly conduct to prostitution. Class D misdemeanors are the least serious, usually carrying no more than 30 days in jail and a fine of a few hundred dollars. As the class goes up, so do the fines and the jail terms. Class A misdemeanors like prostitution can carry up to one year in jail, and fines of up to $2,000. No misdemeanor sentence will last more than one year, as Connecticut law immediately classifies all crimes with longer sentences as felonies.
Fewer Juvenile Inmates in Connecticut Prisons
Manson Youth Institute in Cheshire, Connecticut, is a prison for young offenders who have allegedly committed a crime serious enough to wind up in the state’s adult court system. As of July 2019, there were only 43 young boys confined at Manson. This represents a significant change from the historical numbers - in July 2016, 76 were registered, and the number has been dropping for years. If your child is arrested and charged with a crime, you should be aware that the Connecticut penal system has been undergoing changes in the way young defendants are handled.
A General Downward Trend
In the 2007-2008 fiscal year, approximately 1,491 young people under the age of 18 were confined at Manson. That number decreased by approximately 92 percent over the next decade, with 2018’s final figure being 105. This is a hugely positive trend, but there are multiple reasons for the drop in juvenile inmate numbers that may or may not still apply in your child’s case. There are still many cases in which a prosecutor will determine that Manson or a similar secure environment is the best place for your child.
Have You Been Charged with Your First DUI in Connecticut?
There is never any excuse for driving while under the influence of alcohol or another substance. However, there is a difference between a person who makes a mistake and a person who constantly acts recklessly, without regard for anyone else. Getting your first DUI in Connecticut can be terrifying, especially if it is an isolated incident rather than the next step in a pattern of behavior. An experienced DUI attorney can help guide you through what can be an intimidating process.
Connecticut Statistics Are Steady
Statistics show that the number of alcohol-related traffic fatalities in Connecticut has risen in recent years, with 38 percent of traffic deaths being alcohol-related in 2016, rising to 43 percent in 2017, even though the overall fatality rate actually dropped. Nationwide, approximately 29 percent of all road deaths were alcohol-related, which is a historic low (at least since the National Highway Traffic Safety Administration has been recording such statistics), so Connecticut’s rate is slightly higher. Connecticut does have a high death rate in such accidents, however, especially among those aged 21-34.
Is Bullying a Crime in Connecticut?
Countless numbers of children are bullied at school every year, which in turn can play a major role in a host of physical and mental health problems. However, most of the time, bullying does not rise to the level of crime. In the situations where it does, your child will need an attorney who understands the complexities of juvenile law, and who knows how best to ensure that their rights are protected.
Bullying Can Be Serious
Statistics indicate that only around 20 percent of middle and high school students reported being bullied, but almost half of all students in another study reported being bullied at least once within the preceding month. As high as 30 percent of middle school students (aged 11-14, roughly) reported being physically bullied, with examples of pushing, hitting, or slapping being given. Approximately 24 percent reported being on the receiving end of sexual comments or gestures.
Got Connecticut Traffic Tickets?
Most people tend to write off traffic tickets as inconsequential mistakes that can be dealt with at some later time. However, they can add up and cause serious problems for drivers, especially if you rely on your vehicle to get you to work. Calling a Fairfield County traffic ticket attorney can help eliminate the problem smoothly and efficiently.
Do Not Automatically Plead Guilty
In Connecticut, there are moving violations, and then there are what the law calls motor vehicle crimes. The latter is going to be more serious, and these include offenses like speeding, hit-and-run, failure to obey a stop sign or traffic signal, or driving with a suspended license. It is possible for you to plead guilty to these types of offenses, or to fight them with a Stamford traffic ticket lawyer. While some may advise you to just plead guilty and get the matter over and done with, an experienced attorney will usually advise against it. A guilty plea will net you both points on your Connecticut drivers’ license, and points with your insurer, which can cause your rate to go through the proverbial roof.
Connecticut Cybercrimes
As technology advances, so, unfortunately, does the gamut of crimes that can be committed with it. Cybercrimes are a broad category of offenses that encompasses generally anything involving a third party’s computer, and while many are considered white-collar crimes, some of them can be the first steps toward violence. If you have been charged with a computer crime in Connecticut, you should expect it to be taken very seriously.
The Law Is Broad
Connecticut law governing computer crime is very specific on some counts and very vague on others. The relevant statute lists several broad categories of computer crime, as well as the specific criteria to use when attempting to charge someone with any of these crimes. Despite this, the application of Connecticut’s laws can seem counterintuitive at times, especially when dealing with crimes that involve malice or threat.
For example, someone who commits the crime of cyberstalking or cyberbullying would most likely be charged under Connecticut’s harassment laws, rather than under the specific computer crime laws, even though both the computer and the underlying conduct are key factors in the charge. Computer crimes have specific criteria, and often cyberstalking cases do not rise to that level. Still, it can get confusing to try and discern how you might be prosecuted if you try to handle the issue alone.
What Is a Youthful Offender?
When a juvenile commits a crime in Connecticut, there are two possible ways the case can be classified. Depending on several factors, including the nature of the offense, a juvenile can either be classified as a juvenile defendant, or as a youthful offender. While these two designations might seem interchangeable, they are not, and it is critical to understand the difference.
Juvenile Defendants
Juvenile defendants are, as one might expect, juveniles - people under the age of 18 who have committed an offense that the prosecutor determines should be prosecuted in juvenile court. They are referred to as juvenile delinquents, rather than defendants; Connecticut’s juvenile courts are much more focused on rehabilitation, especially for first offenders, as opposed to the adult court system that is focused more on punishment. The nature of the offense usually determines whether someone under 18 will be charged as a juvenile or as an adult.
Assaulted Someone in Connecticut?
There are many different degrees of criminal assault, each with its own set of criteria that must be proven at trial. However, this can be quite confusing for someone who has been charged with assault, because you may not be aware of what the prosecution has to prove and what it does not. Having a good understanding of the case against you is an important way that you can keep a realistic picture of your chances in court.
Assault Charges Are Very Specific
Connecticut recognizes numerous specific degrees of assault charges, understanding that arguments and fights that get out of hand are quite different from an intentional and malicious attack. Intent is a major factor in determining what degree to charge someone with, but it is not the only factor - others include whether or not a weapon was used, the level of harm caused, and the identity of the victim (penalties will be stiffer, for example, if the victim is an elderly or disabled person).
Being “Nolle Prossed” in Connecticut
Normally, when someone is arrested and charged with a criminal offense, the only way to end that process is either with an acquittal, a conviction, or a plea-bargain. There is another way that your trial can end, though you do not necessarily get to choose it. It is called taking a “nolle prosequi” or “nolle prosse,” and it will not necessarily be offered to you, so if it is, you need to understand exactly what is being offered before consenting.
Not a Dismissal
A nolle prosequi or nolle prosse, sometimes shortened to just a “nolle,” is a legal term that means “unwilling to prosecute” in Latin. It essentially serves as an implicit admission that the charges against a person cannot be proven beyond a reasonable doubt because if they could, the prosecutor would want to move forward with the case in all but the rarest situations. In most cases, a nolle prosse will result in the charged person being given probation or otherwise ordered to refrain from any kind of lawbreaking for a certain period of time.
Juvenile or Adult Court?
Too many people see petty crime or mischief offenses as part of growing up, especially for young boys and men. However, it is still important not to overlook the potential consequences of committing a crime, and in some cases, the crime may be serious enough to be removed to adult court, with all the attendant consequences. Having an experienced juvenile justice attorney on your side can help smooth out the process while still preserving your child’s rights.
Juvenile Court: More Rehabilitative Than Punitive
In juvenile court, there are two broad categories of offenses that a young person may be charged with: delinquent acts, or serious juvenile offenses. Delinquent acts are defined as the violation of a federal or state law (with exceptions) by a juvenile. Essentially, if the act in question is not defined as a serious juvenile offense, it will generally qualify as a delinquent act. Serious juvenile offenses, by comparison, are specifically laid out in the relevant statute, and if the prosecutor thinks it necessary, allow your child’s case to be removed to adult court.
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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