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Recent Blog Posts
Got a Traffic Ticket in Fairfield County?
No one sees traffic tickets as particularly significant, but moving violations can add up and cause significant time and trouble for people who get them, especially if you build up a few without paying them. Enlisting the right traffic ticket attorney can help ensure that your ticket or tickets are handled in the most efficient and just manner possible, and possibly help you avoid having to make an admission of guilt as well.
Guilty Pleas Carry Heavy Fines
Most people see moving violations as minor issues, but the fines can add up. Connecticut has been making a concerted push to seemingly hand out more tickets, both to raise state revenue and ostensibly to make streets safer, and many simply choose to pay them off instead of contesting them. However, points do accrue on your driving record if you admit guilt, even though moving violations are infractions - not crimes or civil torts. Violations like speeding, following too closely, and making an illegal turn will all add points.
Marijuana Possession Charges in Connecticut
In recent years, there has been a push to legalize small amounts of marijuana in various states around the country. Connecticut is one of the states that has made a change, reducing the penalty for possession of less than ½ ounce of marijuana to a criminal violation, rather than a misdemeanor or felony. However, if you are stopped with more than ½ an ounce, you can still be charged with a drug crime in Connecticut. If this is you, be aware that you do have options, especially if you have a knowledgeable attorney on your side.
Penalties Still in Force
While the penalty for possession of minor amounts and possession of some marijuana-related paraphernalia has been lowered to a violation, the sentencing for conviction on possession of larger amounts or for distribution remains unchanged, and a conviction will stay on your record for many years afterward. A first-time misdemeanor possession charge carries a jail term of at least 1 year, while a felony conviction means at least 5 years in jail.
Connecticut Law and Underage OUIs
Operating a motor vehicle under the influence (OUI) of alcohol or drugs is one of the most reckless acts that a person can commit, and the law takes an especially dim view of it if the accused is underage. If your child has been arrested and charged with OUI while they are under the legal drinking age, there may be additional ramifications on top of the normal OUI penalties. Enlisting an attorney to help answer your questions is highly recommended.
Zero Tolerance Policy
Connecticut has a legal blood alcohol limit (BAC) of .08 percent, but if you are underage, any trace of alcohol in your system beyond .02 percent will result in arrest. Normally, a driver detained under suspicion of OUI will be jailed at least overnight, but for underage drivers, the procedure initially does differ. Underage drivers are not detained, generally, but their drivers’ license is seized, and their vehicle will usually be towed. In order to get their license back, their parent or guardian must come in person to retrieve it, and must also agree to cover any towing expenses.
Larceny Crimes in Connecticut
Connecticut has a very wide-ranging larceny statute, that encompasses quite a few different theft crimes, including retail theft (shoplifting) and embezzlement. Because the statute is so broad, it can seem a bit overwhelming to those charged with a larceny crime, but in truth, the law is usually more simple than it appears. If you have been charged with larceny, understanding the specifics of the law and what you might be facing can help demystify the process.
The Umbrella Is Wide
Connecticut law defines larceny as having the intent to either permanently deprive another person of property, or to appropriate it for themselves, and physically taking or withholding that property from its rightful owner. While other states specifically define different theft crimes like extortion or embezzlement under their own statutes, Connecticut classifies them all as theft crimes, under the wide umbrella of larceny. In other words, the law defines each theft crime as being a type of larceny, rather than as specific and individual crimes.
Charged with First-Degree Assault in Stamford?
Assault is a serious crime, and being charged with first-degree assault means that your alleged actions were extremely serious. However, every case has multiple sides to it, and you are entitled to a good defense so that you are able to tell your story. Contacting an experienced criminal lawyer can help ensure you have the best chance to keep the record straight.
Charges Depend on Severity
There are three different degrees of assault under Connecticut law, with third-degree assault being a Class A misdemeanor, second being a Class D felony, and first-degree being a Class B felony. Which degree is charged largely depends on three factors: the severity of the harm, the intent of the attacker, and the identity of the victim (certain victim classifications, such as being elderly, pregnant, or disabled, will raise the charge or add time at sentencing). The presence or absence of a weapon can also make a difference.
Connecticut Open Container Laws
In most U.S. states, it is illegal for someone to consume alcohol and then operate a motor vehicle, and it is also illegal for anyone in the vehicle to have an open container of alcohol. Connecticut is one of the few states where the laws on open containers differ, and this can lead to confusion for drivers, especially those from out of state. Failure to understand Connecticut law can lead to being arrested for driving under the influence, and this is obviously an outcome that most people want to avoid.
No Real Open Container Law
As of this writing, 40 U.S. states have laws prohibiting open containers of alcohol in vehicles. Connecticut, however, is not one of them - in most situations, passengers who are over the legal drinking age of 21 are permitted to have alcohol in a vehicle and even drink from the open container. Connecticut law prohibits consumption of alcohol “while operating a motor vehicle” - but if one is not operating the vehicle, the law is lax. Some local ordinances do ban open containers entirely, but state law does not.
Connecticut Cyberbullying and Harassment
Cyber crimes are relatively new, given that they obviously did not exist before the advent of the technology to commit them. However, just because computer technology is ever changing and evolving does not mean that they can be used to commit crimes with impunity. Cyberbullying, cyberstalking and cyberharassment are all very real crimes that one can be charged within Connecticut, and if you are facing these charges, it takes an experienced attorney to know how to handle them appropriately.
Cyberbullying
While one thinks of ‘bullying’ as restricted to students, in reality, it can occur between any two or more people, of any age. Connecticut law criminalizes communicating with a person, in any form, “with intent to harass, annoy or alarm [them],” making it a Class C misdemeanor. This may not seem like a sufficiently harsh measure for the amount of grief that bullying behavior can cause, but it does carry a maximum of three months in prison, plus a $500 fine, which is more stringent than many misdemeanors.
White Collar Crime in Connecticut
Most people think that white collar crime is the province of Wall Street and the wealthy; in reality, white collar crime is the name used for a wide variety of crimes that do not involve violence, but do involve cheating or lying. It is a serious charge to lay at someone’s door, and if you have been accused of such conduct, it is imperative to have an experienced attorney on your side who understands this type of law.
An Ever-Changing Term
Because historically, the ‘white collar’ has been used to denote a richer and ostensibly less violent class of people, but also the hallmark of professionals such as lawyers and accountants, the term ‘white collar crime’ has been used to describe any crime involving dishonesty or fraud. Examples to be found in the Connecticut General Statutes include (but are not limited to) fraud (more specifically mail fraud, credit card fraud, insurance fraud, and the like), embezzlement, money laundering, bribery, identity theft, forgery, tax evasion, creating or passing counterfeit bills, and many more.
Three Tips to Protect Your Rights After a DUI Stop in Connecticut
No driver wants to see those blue flashing lights pop up in their rearview mirror. Traffic stops are always stressful. Being pulled over on suspicion of drunk driving is especially nerve-racking. At this time, you need to know how to protect your rights during the traffic stop and beyond. Notably, if you were arrested for a DUI in Stamford, CT, it is imperative that you reach out to an experienced criminal defense attorney immediately. Your driving privileges, your freedom, and your reputation could all be on the line. You are entitled to strong legal representation.
Do Not Try to Talk Your Way Out of a DUI
At a traffic stop, you should always remain polite and you should cooperate with the reasonable requests of the responding law enforcement officers. That being said, defendants have a legal right to remain silent. You are not required to answer any invasive questions. If you are suspected of a DUI, you should use this right. One of the biggest mistakes you can make at a drunk driving stop is trying to talk your way out of an arrest. You are far more likely to talk your way into an arrest or to inadvertently provide statements that will be used in a future prosecution.
Trucking Violations in Connecticut
Commercial trucks, whether big rigs or smaller vehicles, are strictly regulated in Connecticut, and sometimes out-of-state drivers are surprised by the consequences for what may seem a petty violation. However, for a commercial truck driver, any moving violation can be a serious problem, so it is a good idea to enlist a Fairfield County truck violation attorney to ensure that any issues are handled as quickly and appropriately as possible.
Weight Violations
The most common trucking violations in Connecticut are weight violations, meaning that a truck is carrying too heavy a load. While this may not seem to be a particularly egregious offense, heavy trucks have a significant and serious impact on highway and bridge infrastructure, a large proportion of which is already in a state needing repair. Also, overweight trucks may not respond as quickly as those under the appropriate weight, so if evasive action is needed (for example, if a driver must react quickly to avoid a crash), they may not respond well.
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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