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Recent Blog Posts
Marijuana Possession Charges in Connecticut
As with any other drug, being charged with possession of marijuana can lead to serious consequences even if you do not wind up serving jail time. A drug conviction on your record can lead to problems in life, especially for juveniles, so if you have been arrested and charged with possession, it is crucial to try and find an experienced attorney who can help you have the best chance possible at proving your innocence.
There Are Still Consequences
While it is true that possession of small amounts of marijuana has been decriminalized - if you are stopped with less than one ounce of a “cannabis-like substance,” you will have committed a civil infraction, rather than a crime - this does not apply to amounts over one ounce. If you are stopped with between one and four ounces, this is a misdemeanor charge, but any amount over four ounces is a felony, even on a first offense. Even the lowest level felony can lead to fines of up to $5,000 and up to 10 years in jail.
Robbery Charges in Connecticut
There are several different types of theft crimes in Connecticut, from simple larceny to embezzlement to shoplifting. However, there are certain types of theft crimes that differ in their execution from more simple acts - robbery being the most potentially remarkable. Unlike most other theft crimes, robbery has an element of force to it that can lead to violence. If you have been charged with robbery or other home invasion crimes, you need an experienced attorney on your side to guide you through the process.
Many Factors to Consider
Robbery is defined as a person in the process of committing larceny either using or threatening to use force for two possible purposes: (1) demanding or threatening someone so they provide the property sought, and/or (2) preventing anyone from trying to stop the larceny in progress. For example, a person who steals money from a convenience store cash register without anyone noticing has committed larceny, but a person who holds a gun on the clerk and demands the money has committed robbery, because of the use of force.
Are You Facing Domestic Violence Charges?
Domestic violence is a serious crime with serious consequences, and those who engage in it often find themselves with ruined reputations and derailed lives. However, it is not impossible for those who are innocent to be faced with the same consequences, even though they are not guilty. Mistakes happen in investigations, or in rare cases, a malicious spouse may try to smear the other - no matter what the cause if you have been charged with domestic violence in Connecticut, you need an attorney who will act fast to get at the truth.
Not a Separate Crime
Connecticut does not classify ‘domestic violence’ as a separate crime; instead, ‘domestic’ or ‘family’ violence is charged as whatever specific crime occurred (such as battery or sexual assault), just against a family member - there are differences in the prosecution of such a case, but the end sentence if convicted is generally similar. In addition, the definition of ‘family member’ in Connecticut is very wide, covering not only blood family but also spouses, former spouses, co-parents, roommates, and many other classifications.
Committed a Violent Crime in Fairfield County?
Violence is never the answer unless in self-defense. Sometimes, though, things simply happen, and you wind up in the very serious situation of being charged with a violent crime in Connecticut. Violent crimes are the most harshly punished in the state, and even if the victim survives, you may face an extremely severe penalty including years in prison. If you have been charged with a violent crime, you need an experienced attorney on your side as soon as possible.
Violent Crime Receives Stiff Penalties
There are many, many different types of violent crimes, and they come in two types. One type is inherently violent - for example, murder requires violence and bodily harm to be successfully completed. The other type is conditionally violent - an example would be a robbery, which does not necessarily have to involve violence unless the perpetrator wants it to, or finds it necessary. Intent does matter in many crimes, but not all; you would generally be punished for the commission of a violent crime as long as it can be proven that you did so, but demonstrated intent might push your sentence into a higher bracket, so to speak.
Criminal Mischief Charges in Connecticut
In many communities, vandalism and minor property crimes, referred to as criminal mischief in Connecticut, are essentially considered a rite of passage for young men and women. However, law enforcement can and does take these offenses very seriously, especially if the amount of property damage is significant. If your child has been arrested for criminal mischief, you need to engage an attorney who understands the nature of both Connecticut’s juvenile and adult criminal justice systems.
Different Levels of Severity
Connecticut criminal mischief laws are designed to encompass a variety of crimes designed to damage property. The state statute covers not only classic property damage and vandalism, but also intentionally causing an interruption of services such as electricity and otherwise interfering with equipment or property belonging to a utility. Like with many different crimes in Connecticut, there are different degrees of criminal mischief, and the charge will depend on the level of damage caused by your child.
First Time DUI Offenders in Fairfield County
When someone drives under the influence, they endanger themselves and everyone around them. However, a first-time DUI offender, while still behaving recklessly, is more likely to have simply made a mistake than to have engaged in any pattern of consciously reckless behavior, and may have no idea how to negotiate the legal process after being charged with a DUI. If you are in this situation, an experienced attorney can be of help in guiding you through.
Criminal and Administrative Consequences
Connecticut’s DUI law states that it is illegal to operate a vehicle with a blood alcohol content over 0.08 (for most drivers; for juveniles, the limit is lower). Criminal charges and administrative processes both start at the time a person is charged with driving under the influence. In addition to whatever criminal charges the state decides to bring against a driver, the Connecticut Department of Motor Vehicles also automatically starts proceedings that may wind up with your license suspended, or with an ignition interlock placed on your vehicle.
Trying a Juvenile as an Adult in Connecticut
Most of the time, when juveniles commit crimes, they are judged in juvenile court, which tends to be more focused on rehabilitation than punishment. However, some crimes are too severe to be handled in the juvenile system, and the law allows for these young offenders to be tried in adult criminal court. If this is happening to your child, you need to be aware of their rights and your options going forward.
Charging as an Adult Is for Serious Crimes
Most crimes committed by a juvenile are considered to be serious, but not serious enough to merit a life-changing criminal conviction. Thus, most juveniles who are arrested for crimes in Connecticut will have their case handled in juvenile court, which focuses on rehabilitating young offenders and trying to help them understand the potential consequences of their actions. If a juvenile is judged to be delinquent, they can be assigned a probationary period, pretrial detention, or another non-judicial sentence if you have no prior criminal record.
Are You Facing Assault Charges in Connecticut?
At common law, assault was the crime of threatening or menacing someone into believing they are about to be harmed. However, in Connecticut, the definition actually requires physical contact and can be tried as a misdemeanor or a felony. If you have been charged with assault, you need an experienced attorney on your side to help ensure that your rights are protected in court.
Several Degrees
Assault in Connecticut can be charged in three different degrees, as of current law, with the specific choice of charge being affected by the severity of the incident. For example, if you cause bodily harm to someone with the intent to hurt them (as opposed to having intent to kill), you would likely be charged with third-degree assault, a Class A misdemeanor. Comparatively, if you cause serious physical injury to someone with intent (or with extreme recklessness), you would most likely be charged with first-degree assault, which is a Class B felony.
Why Do I Need a Connecticut Criminal Defense Attorney?
Very often, people who have been arrested and charged with minor crimes in Connecticut might try to navigate the criminal justice system without an attorney, even though they are entitled to one. It can be easy to tell yourself that the charges are minor, that you will be able to manage without paying an attorney - but the odds are overwhelmingly against you managing to talk yourself out of fines and jail time. Enlisting a Connecticut criminal defense attorney is always a better idea.
Trust in Knowledge
While it is possible to represent yourself in a criminal matter, it is emphatically not recommended. You are required to know all the ins and outs of the law, just like any lawyer would, and failure to abide by both law and etiquette can torpedo your case before you even get started. If, for example, you represent yourself and take a plea-bargain, you may find out later on in life that you could have gotten a better deal. It is simply not worth the risk to try and handle a criminal matter on your own.
Connecticut Parental Liability for Actions of Minor Children
Many parents are not aware that until their children become adults, they remain responsible for their children’s actions. This can often come as an unwelcome surprise to parents who are surprised out of the blue by police at their door or by bills they did not expect. If you have been advised you may be liable due to your children’s actions, you need to consult an attorney who understands these cases so you can ensure both you and your child’s rights are protected.
Property Damage and Injury
The relevant Connecticut statute is fairly straightforward about the types of offenses for which a parent can incur liability. The key phrase is that a parent is liable when their child “willfully or maliciously” causes damage to any property or injury to any person. It is important to keep in mind that ‘intentional’ has to mean ‘without just cause,’ rather than simply someone choosing to voluntarily act. For example, if a child chooses to act in a way that is almost guaranteed to injure someone, it does not necessarily matter if they had no intention to injure anyone - they still acted in that way.
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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