Se Habla Español
Call Today for a Free Consultation
203-348-5846
1100 Summer Street, Stamford, CT 06905
Recent Blog Posts
“Crimmigration” Cases in Connecticut
When an individual is charged with a crime, there are other questions to ask beyond guilt or innocence, particularly if that individual is not a U.S. citizen. Criminal cases that can make a difference in a person’s immigration status are referred to as ‘crimmigration’ cases, and if you have been arrested and charged with a crime that could get you deported, you need both an immigration attorney and a criminal attorney who understands the possibilities and the dangers involved in this type of case.
Crimes of Moral Turpitude and Aggravated Felonies
Immigration law has its own classification for crimes, which can sometimes be almost totally divorced from the standard criminal law classification. If you are convicted of a crime, it is important to ensure that the crime is not contained in either one of two categories: crimes of moral turpitude (CIMTs) or aggravated felonies (AFs). A CIMT has no specific definition in U.S. immigration law, but it has been defined in various cases as an action that shocks the public conscience or is otherwise so “inherently base, vile or depraved” that it must necessarily show the person has bad moral character.
Are You Facing Shoplifting Charges in Connecticut?
Very often, shoplifting gets painted as a crime perpetrated by juveniles or others who do it to test limits. However, sometimes there are mental health-related reasons why a person might shoplift, or sometimes, the entire episode may genuinely be a mistake or a misunderstanding. If you have been charged with shoplifting, speaking to a knowledgeable attorney may help in the whole matter being resolved to everyone’s satisfaction.
Serious Consequences
The penalties for shoplifting tend to vary with the value of the items stolen. If you steal items whose total adds up to $500 or less, you will be charged with a Class C misdemeanor, where the penalty is anywhere up to 1 year in jail, plus fines and costs. Comparatively, if you steal items worth over $20,000, you are guilty of a Class B felony, which may be punishable with up to 20 years in jail, plus a $15,000 fine. Some charges, especially those which carry misdemeanor sentences, may be plea-bargained or you may be granted the right to complete a pretrial diversion program, especially if this is a first offense. However, those whose thefts are expensive enough to be charged as felonies may face serious time.
Juveniles Charged as Adults in Connecticut
Most of the time, when a young person under a certain age is arrested and charged with a crime, they are charged with that crime as a juvenile, which is different than if they were charged as an adult. However, it is easy to get confused between the juvenile and adult systems in Connecticut, even though it is important to be aware of the differences and the varying potential consequences of charges in each. If you or your child has been charged as an adult when they are legally still a juvenile, it means that the case is a very serious one, and you need all the help you can get on your side.
Rehabilitation vs Punishment
In the United States, the juvenile court system is generally seen as rehabilitative, while the adult court system is seen as more punitive, and there is, unfortunately, truth to this. Juvenile offenders, whether they have been charged with a crime or a status offense (a non-criminal offense, such as being truant or a runaway), are often referred to rehabilitation programs or educational diversions, as opposed to being given jail time or other punitive consequences. Only truly serious juvenile offenses warrant detention and trial, and even at that point, a trial in juvenile court is much more geared toward rehabilitating the accused.
Have You Been Accused of Committing a Violent Crime in Connecticut?
Violence is never the answer, but everyone makes mistakes, and everyone needs to defend themselves. If you have been involved in an incident where you used force, or threatened to use force, to cause bodily injury to another person, you can be charged with a crime of violence in Connecticut. Regardless of which specific crime you are charged with, it can derail your life plans significantly if you are convicted, so if there are mitigating circumstances, or if you simply want to ensure that your side of the story is told, it is a good idea to consult a Stamford violent crimes attorney to discuss your case.
Hard to Navigate the System
The National Registry of Exonerations lists almost 2,400 exonerations of wrongly convicted men and women that have occurred since 1989, with Connecticut having granted 25 in that time. While law enforcement tries to do its job well in order to ensure our streets are safe, it is true that sometimes, personnel will cut corners - perhaps pushing witnesses to exaggerate; perhaps inappropriate or illegal searches, or other actions. They will try to search for confessions and easy convictions that simply may not be there for the taking. It is not unheard of for law enforcement to allow violations of defendants’ constitutional rights in the hope that they will implicate themselves.
Connecticut Traffic Violations
Most people think of traffic violations as everyday occurrences that one can pay a fine to resolve easily. While sometimes this is the case, sometimes the infraction is more severe, and while it is still a traffic violation, these can be quite serious, leading to license suspension and even revocation if the offense or offenses merit it. Enlisting an experienced attorney to help you defend against a traffic violation can save you time and trouble in the long run.
Many Different Kinds
Because the term ‘traffic violation’ can encompass so many things in Connecticut, it can be overwhelming to someone who has been charged with one, and it can be confusing to try and differentiate the charges which can be paid off with a fine from those that are much more serious. Also, some traffic violations may also be chargeable under criminal law as well as civil law, which means that even if you are found not liable under civil law, you might still be found guilty in criminal court, especially if you are deemed to have acted recklessly or with malice.
What Are Connecticut Parental Liability Claims?
While no parent likes to think about it, sometimes our children act in ways that are less than legal. When they do, it can often come as a great shock to learn that we as parents may be on the proverbial hook for the monetary damages. Connecticut has what are called parental liability laws which seek to place some of the liability for damages on the shoulders of parents of minor children. If your child commits a crime or an intentional tort (the equivalent under civil law), it is important that you understand the extent of your own responsibilities under the law.
Parents Held Responsible for Minors
While it can be an unwelcome surprise for parents to find they are liable for the damage their children cause, the rationale for holding them liable is fairly clear. In all walks of life, a parent is responsible for their children until they reach the age of majority, which is 18 in Connecticut. This responsibility simply extends to their children’s actions outside the home and immediate family sphere. However, there are limitations on this liability, and it also does not mean that no liability will extend to the minor themselves.
Connecticut Domestic Violence Charges
Domestic violence charges are always serious, no matter how they originate, and very often, making them stick can be critical for your safety. However, if you are unjustly accused, this same seriousness means that the accusation will follow you, even if it is disproven later on. Either way, it is imperative to enlist a dedicated Fairfield County domestic violence lawyer to ensure that your interests are represented.
Penalties Are Harsh
Connecticut defines domestic violence (DV) or family violence as an “incident resulting in physical harm, bodily injury, or assault,” or an “act of threatened violence” that would encompass any of these categories. It is important, however, to keep in mind that state law explicitly does not include verbal abuse unless it encompasses “present danger” or likelihood that physical violence will occur, which is markedly different than DV laws in other states. The law also clearly states who is meant to be covered by these laws - not only spouses, but former spouses, parents, other blood relatives or those related by marriage who live in the same household, people in a dating relationship, or people who have a child together (regardless of whether or not they live in the same house).
Possession with Intent to Sell in Connecticut
While in recent months, the possession of small amounts of marijuana has been decriminalized in Connecticut, it would be a mistake to assume that other drug laws are being similarly relaxed. This is especially true for those who have the intention to sell, and on top of that, those who sell more dangerous substances like heroin or hallucinogenic drugs may face even stiffer penalties. There is a hierarchy of sorts when it comes to Fairfield County drug offenses, and if you have been charged with one, especially with possession with intent to sell (PWITS), you need an attorney who understands the law’s specific nuances.
Intent May Not Matter
While it may seem confusing or counter-intuitive, Connecticut law surrounding possession of drugs versus possession with intent to sell does not make a distinction as to whether someone actually intends to sell the drugs or not. The law is structured in such a way that if you possess a certain amount of a drug, you can be charged with intent to sell it, whether you did have that intent or not. The only time intent actually becomes relevant as to whether or not you will be convicted is at trial - a jury may decide, for example, that you had no intent to sell drugs, and thus you should be found not guilty.
Charged with Your Second DUI in Fairfield County?
Being charged with driving under the influence (DUI) is always a serious matter, with no exceptions. One is bad enough, but if you have been stopped a second time, it can have serious implications for your long-term future. Hiring a Connecticut attorney well versed in DUI law is critical, as trying to go through the process alone can be a difficult and frightening experience.
Connecticut Is Strict on DUIs
It is generally the public policy of the state of Connecticut to charge DUI crimes because of the potential danger they pose to the community. A first-time DUI in Connecticut still carries fairly strict penalties, especially if you refuse a chemical test or Breathalyzer (under Connecticut law, anyone who drives on the state’s roads has given their implied consent to administering such a test, and refusal to take it is met with punishment). While the jail time for a first DUI is minimal, the fine can be substantial, and if you refuse the breath test, your driver’s license will be suspended for at least six months, but for as much as one year if there are aggravating factors.
Accused of Sex Crimes in Connecticut?
Especially in this day and age, with the MeToo movement in full swing and victims of sex crimes feeling more and more able to speak against their abusers, it is critical to separate the guilty from the truly innocent when dealing with such serious crimes. An accusation of a sex crime can ruin someone’s career or reputation, and if you are innocent of such a charge, it is critical to immediately consult an attorney so that you can have the best defense possible. A Stamford sex crimes attorney knows the law and will work hard for you.
Connecticut Law Is Narrowly Defined
Connecticut public policy, in general, is aimed at protecting the family and protecting children in particular. As a result, even relatively minor sex-related crimes may require registering as a sex offender, serving significant jail terms, or both. Sex crimes in Connecticut include not only rape and sexual assault but also lesser crimes that do not necessarily involve physical contact, such as enticing a minor, which is knowingly “persuading or enticing” someone under the age of 16 to engage in any kind of sexual act and is usually done via a computer.
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).
©2024 Law Offices of Daniel P. Weiner | 1100 Summer Street, Stamford, CT 06905 | 203-348-5846
Call for Free Initial Consulation
203-348-5846
