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Recent Blog Posts
Charged with Rape in Connecticut?
Not every rape allegation is true. But every rape allegation is taken seriously, which is why you need an experienced defense attorney if you are charged with committing rape. The following includes nine things you need to know when facing rape charges in Connecticut:
- It is rape if you force someone to have sex with you. Both parties must willingly consent in order for sex to be consensual. Consent is always a defense to a rape charge (and to other sexual assault charges);
- It is called forcible rape if the offender uses a weapon or threatens to use a weapon;
- Rape is a felony offense punishable by at least 10 years in prison. Offenders face an even longer prison sentence if the victim is under 16 years old. An experienced attorney can explain the potential consequences of the crime you have been charged with;
The Consequences of Vehicular Homicide
When you think of the legal consequences of car accidents, you probably focus on civil lawsuits like personal injury and wrongful death cases. But depending on the circumstances, the person responsible for the accident might also face criminal charges.
A common example is negligent homicide with a motor vehicle.
What Is Negligent Homicide with a Motor Vehicle?
Negligent homicide with a motor vehicle, or vehicular homicide, happens when a negligent driver causes another person’s death. Here are a few things you need to know if you are charged with this crime:
- A driver is negligent if he or she fails to use a reasonable amount of care. This is based on what ordinary people do under similar circumstances. In other words, if most people keep a safe distance between vehicles and obey posted traffic signs, then it is considered negligent when someone does not follow these practices;
Illegal Drug Possession in Connecticut
To be convicted of illegal drug possession, the state must prove beyond a reasonable doubt that:
- You possessed the drugs;
- What you possessed is actually an illegal drug; and
- You were aware of the possession.
There are two ways you can get in trouble for illegal drug possession in Connecticut. The first is if you actually possess the drugs, and the other is if you constructively possess the drugs.
What Is Actual Drug Possession?
Actual drug possession means you physically have the illegal drugs on your person. For example, if you have a small bag of cocaine in your pocket then you can be convicted of illegal possession.
What Is Constructive Drug Possession?
Constructive possession means you have control over the illegal drugs. For example, if you know where the drugs are and you are physically able to access them then you can be convicted of illegal possession. Imagine that you are a passenger in a car and you know that the driver has marijuana hidden in the glove compartment. That counts as constructive possession.
What Happens If You Refuse to Take a Breathalyzer?
It is illegal to operate a motor vehicle in Connecticut when your blood alcohol content (BAC) is .08 percent or higher. (If you are an underage driver, it is illegal to operate a motor vehicle when your BAC is 0.02 percent or higher).
Under Connecticut’s implied consent law, it is presumed that all drivers have consented to taking a chemical test to determine BAC.
There are three different methods police use to determine a driver’s BAC: breath, blood or urine. Breath tests (using a breathalyzer) are the most common method, but it is up to the arresting police officer to make that call.
But should you agree to take a breathalyzer or other chemical test? That is a complicated question, and it really depends on the facts of your case. Luckily, you have the right to seek legal advice before submitting to a chemical test. You do not have to consent or refuse immediately. Exercise your right to call an attorney.
Bullying in Connecticut Schools
Bullying is a serious issue in Connecticut schools. Between 2011-2013, one in six students reported being bullied online, and one in five reported being bullied at school.
Connecticut does not tolerate bullying in schools. Children accused of bullying may face school disciplinary proceedings and, in some cases, criminal charges. Here are a few frequently asked questions about what Connecticut considers bullying and the resulting consequences.
Q: What behaviors are considered bullying in Connecticut schools?
A: Bullying takes many forms. It can be written, verbal or electronic threats (like cyberbullying). It can be physical assault, like kicking, punching, shoving or tripping. It can be harassment or hazing. It can be a physical act or gesture repeatedly directed at another student. Bullying usually happens because of a student’s race, color, gender, sexual orientation, physical appearance, or mental disability, or because of other actual or perceived differentiating characteristics.
Understanding Larceny
In July 2018, Stamford police received reports of two stolen cars in the Ridges neighborhood (the calls were two hours apart). Police apprehended the suspect driving the second car and charged him with reckless driving, driving without a license, and first-degree larceny, among other offenses.
What Is Larceny?
Larceny is a type of property crime. Under Connecticut law, a person commits larceny when “he wrongfully takes, obtains or withholds” property from its owner. The accused must have “intent to deprive another of property or to appropriate the same to himself or a third person.”
Larceny takes many forms, including (but not limited to):
- Embezzlement, which happens when someone is entrusted with someone else’s property and takes it for himself;
- Obtaining property by false pretenses or false promise, which basically means someone manages to obtain someone else’s property by defrauding them;
The Right to Trial by Jury
Under most circumstances, the federal Constitution guarantees criminal defendants a trial by jury. Whether this right applies in your case depends on the severity of the offense. Specifically, the U.S. Supreme Court has said that the crime must carry a penalty of more than six months’ imprisonment).
Connecticut also guarantees criminal defendants a jury trial. The right only exists when the maximum penalty is at least a $200 fine. If the offense involves violations payable through the Centralized Infractions Bureau (a traffic violation) then the maximum penalty must be more than $500. Unless the law says otherwise, the jury will consist of six people.
Can I Waive My Right to a Jury Trial?
The judge must advise the defendant of his or her right to a jury trial at the plea hearing (when the defendant is formally charged and before the judge for the first time). If the defendant does not “claim a jury” at the hearing, then the right is considered waived. However, the judge may reinstate the right within 10 days if the defendant did not understand his or her rights, or if the judge thinks justice will not be served without a jury.
The Opioid Epidemic in Connecticut
Opioid abuse is a serious problem in the United States. And the problem is only getting worse -- especially in Connecticut. Opioids are a class of drugs that include heroin, oxycodone, and morphine. While prescription opioid painkillers are safe when used for a short period of time, regular use can lead to addiction, overdose and sometimes death, according to the National Institute on Drug Abuse (NIDA).
Connecticut currently ranks in the top ten states for opioid-related overdose deaths, according to NIDA. The number of deaths increased dramatically between 2012 and 2016, rising from 5.7 deaths per 100,000 people to 24.5 deaths per 100,000 people. That is well above the national average of 13.3 deaths per 100,000 people.
Thankfully, the state is taking steps to address this growing epidemic.
Connecticut Launches New Treatment Program
Credit Card Crimes in Connecticut
We hear stories about credit card breaches all the time. That’s why more than two-thirds of consumers are concerned about fraud. You should also be concerned if you are charged with committing a credit card crime, because these are serious offenses in Connecticut. Here are two examples:
- Credit card theft and fraud. Anyone who takes another person’s credit card without their consent with the intent to use or sell it is guilty of credit card theft. Offenders can spend up to five years in jail and pay a $5,000 fine. Anyone who obtains a credit card as security for debt with the intent to defraud is also subject to these penalties; and
- Illegal use of credit card. Anyone who uses a credit card knowing it is forged, expired, or revoked, or who pretends to be the holder of a credit card that hasn’t actually been issued, is guilty of illegal use of a credit card. This is a misdemeanor if the value of goods obtained with the card doesn’t exceed $500. Offenders can spend up to five years in jail and pay a $5,000 fine.
Sex Crime Charges in Connecticut
Sex crimes are some of the most serious offenses in Connecticut. In addition to criminal penalties like jail time, convicted sex offenders may be put on the state’s sex offender registry -- public information that can affect your ability to get a job. Even being accused of a sex crime can negatively affect your life.
What Is Considered a Sex Crime in Connecticut?
There are various sexual acts that are considered criminal offenses. Sex crimes in Connecticut include:
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Sexual assault. Sexual assault is a complex crime because there are four degrees of punishment. Connecticut recognizes situations where sexual assault is a first-degree crime and others where it is only a misdemeanor (and situations in between those extremes). For example, first-degree sexual assault happens when someone has sexual intercourse with a mentally incapacitated person who is incapable of consent or forces a victim to have sex against their will. Fourth-degree sexual assault is generally a misdemeanor and involves sexual contact instead of sexual intercourse.
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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