Posted on August 28,2017 in Criminal Defense

In 2011, Connecticut passed a law that created the Risk Reduction Earned Credit (RREC) program. Under this program, eligible inmates of any security level could participate in classes and programs that could help them earn five days off of their sentence every month. In 2016, however, the Department of Corrections Commissioner authorized changes to how the credits are awarded. The updated policy creates an incentive for participants to progress to the lowest security risk level, where it is possible to earn more credits per month. Those who are assigned to the highest risk level, on the other hand, earn the least amount of credits. To learn more about the RREC program and whether you are eligible to earn credits, please contact a member of our dedicated criminal defense legal team today.

Security Risk Levels

Before assigning someone a security risk level, official assess a variety of factors when an offender is first admitted to a facility, including:

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 Posted on August 21,2017 in Drug Charges

In Connecticut, marijuana possession is unlawful and can result in fines and even jail time. Fortunately, there are a variety of defenses that can be raised to counter these types of charges, so if you live in Norwalk and have been arrested for or formally charged with possession of marijuana or another drug, it is important to speak with an experienced criminal defense lawyer who can explain your legal options.

Possession of Less Than Half Ounce

The severity of a marijuana possession charge depends on how much of the drug was found on the defendant’s person and whether he or she has a prior criminal record. For instance, those who are arrested with less than half an ounce of marijuana will only be charged a $150 fine for a first offense, while the fine for a subsequent offense increases to between $200 and $500. Third-time violators must pay for, attend, and complete a drug education class. Those who are under the age of 21 years old will also have their driver’s license suspended for two months.

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 Posted on August 14,2017 in Criminal Defense

Last month, a recently enacted law went into effect that, with a few exceptions, will prevent judges from setting money bail for certain low-level misdemeanor offenses. The new law is expected to significantly reduce the state’s pretrial prison population and cut state spending, while keeping non-violent offenders out of jail until their trials. If you were recently charged with a crime or have questions about how the new law could affect you, you should contact a Fairfield criminal defense lawyer who can address your concerns and advise you on your next steps.

An Act Concerning Pretrial Justice Reform

Last month, Governor Malloy signed the first of a series of laws intended to reform the state’s pretrial justice system. The new law, which was supported by both chambers is based partly on input provided by the Connecticut Sentencing Commission and the Connecticut Civil Liberties Union. The law went into effect on July 1st and makes the following significant changes to state law:

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 Posted on August 07,2017 in Driving Under the Influence

For many families utilizing the school system whether it be at a college or a preschool level, each year is more prominently separated by the academic year and vacation times. While school is in session, there is a schedule to which to adhere, which demands most of the daylight hours during the shorter days. During the summer the days are much longer, and routine has a tendency of being pushed by the wayside. It is also interesting to note that crime levels rise during the months in which students are out of school. One crime that is no exception is driving under the influence (DUI).

The Spike Is Not a Myth

If you obtain your information from individuals on the street, you hear different answers for any topic asked. The same holds true for the spike in crime. According to the annual National Crime Victimization Survey, Criminal charges spike as much as 12 percent during the warmer summer months. According to the National Highway Traffic Safety Administration (NHTSA), the most unsafe month in which to drive on the road is August when it comes to traffic-related fatalities. Consider these statistics:

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 Posted on July 31,2017 in Driving Under the Influence

Those who are convicted of driving under the influence in Connecticut face serious penalties, including jail time, hefty fines, and the suspension or revocation of their driver’s license.

Convictions can also go on a person’s criminal record, which can have far-reaching consequences, and make it difficult to secure employment or find housing.

To ensure that you receive the best possible defense, you should speak with an experienced Norwalk DUI attorney who may be able to get your charges reduced or even dismissed.

State Law

Connecticut DUI law prohibits a person from driving:

• While under the influence of drugs or alcohol; or
• With an elevated blood alcohol content (BAC).

Whether a person is considered to be driving under the influence depends on a number of factors, including whether his or her ability to drive was affected to an appreciable degree. Under this law, a person can be prosecuted even when there is no direct evidence of intoxication from a BAC test.

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 Posted on July 24,2017 in Criminal Defense

Late last year, the Connecticut Legislature passed a new bill that substantially changes the state’s previous treatment of carrying a firearm while intoxicated. To learn more about these changes, please contact an experienced criminal defense attorney who can address your questions and concerns.

Current Law

Before the amendments were enacted, someone who was arrested with a blood alcohol content (BAC) level of .10 or higher and who was carrying a loaded firearm could be charged with a misdemeanor. However, since the first of the year, BAC levels have been decreased to align with the traffic laws regarding driving under the influence. This means that residents can now be charged with carrying a firearm while intoxicated if their firearm is loaded and they have a BAC of .08 or higher. For those under the age of 21 years old, the threshold is even lower—just .02. This change was also enacted to bring the law into alignment with traffic laws regarding underage drivers.

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 Posted on July 17,2017 in Drug Charges

In 2015, the Connecticut Supreme Court issued a 7-0 ruling (that is, a unanimous decision) stating that individuals who were convicted before 2011 for possessing less than one-half ounce of marijuana could have their convictions erased. According to the Supreme Court, this is because Connecticut’s legislature approved a measure in 2011 that changed possession of a small amount of marijuana from a misdemeanor punishable by fines and/or jail time to a violation punishable only by a fine. This had the effect of “decriminalizing” – but not legalizing – possession of small amounts of marijuana. Because of this legislative move, the Connecticut Supreme Court concluded individuals convicted of this offense prior to its decriminalization were entitled to have their prior convictions erased from their criminal records.

This case (State v. Menditto) has implications not only for old possession cases but potentially for other individuals with prior convictions as well.

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 Posted on July 10,2017 in Hate Crimes

Last month, Connecticut lawmakers passed a bill that makes the state’s hate crime law one of the strongest in the nation. Under the new law, defendants who are convicted of committing a hate crime face up to ten years in prison, $10,000 fine, and extensive community service, so if you or a loved one were recently arrested for a hate crime, it is critical to speak with an experienced Stamford criminal defense attorney who can help you formulate a defense.

Current Law

Under current law, it is a crime to carry out or threaten to carry out any act that is committed with malice and the intent to intimidate or harass a group of people because of their race, religion, ethnicity, disability, sexual orientation, gender identity, or gender expression.

The existing law also provides for three degrees of hate crimes based on the severity of the incident as well whether a serious physical injury was inflicted. First and second degree hate crimes are considered felonies, while third degree offenses, which usually involve property destruction, are treated as Class A misdemeanors. Furthermore, the level of direct economic impact caused by the property damage does not matter in determining whether a person will be prosecuted for this type of act. This means that regardless of whether the damage resulted in $1 of repairs or $1,000, defendants can still be prosecuted. Under the new law, all hate crimes would be considered felonies and the threshold of a first degree hate crime would also be lowered to include those offenses that result in a mere “physical injury.”

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 Posted on June 26,2017 in Parental Liability

Raising our children correctly is difficult, to say the least. There is no universal blueprint dictating all the right choices and decisions parents should make while raising their children. The reality is that being a parent is fraught with many tough decisions. For example, when our kids grow into their teenage years and start experimenting with alcohol. Most parents understand the danger of alcohol especially when it comes to a minor. But a tough decision must be made, it is nearly impossible to control every decision your teenage child will make, but what can you do to reduce the potential for them to get themselves into trouble?

Supervised Underage Drinking

Many parents when faced with the choice of not knowing what their teens are doing, if they are safe, or even worse, getting behind the wheel after drinking or with someone who has, will consider allowing their teens to drink at home. Parent's believe that at least the teens are supervised, a parent can ensure that no one gets behind the wheel of a car and the peace of mind that comes with knowing where their teenage children are on a weekend night.

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 Posted on June 19,2017 in Driving Under the Influence

Driving a vehicle while under the influence of either drugs or alcohol is a serious offense that can lead to various criminal charges under Connecticut law. In addition, if a driver causes an accident, and another person dies as a result of the accident, the driver could face even more serious charges. A DUI that ends with the death of another can lead to the driver being charged with vehicular manslaughter or lesser charges such as misconduct with a motor vehicle, negligent homicide with a motor vehicle, and reckless driving. Generally, when someone dies in a DUI accident, the driver will face prison time.

Vehicular Manslaughter in Connecticut

In Connecticut, a driver is guilty of vehicular manslaughter, which is considered second degree manslaughter, if while driving a vehicle under the influence of alcohol or drugs or both, the driver causes the death of another person due to the effect of the alcohol or drugs. Most cases of vehicular manslaughter are considered involuntary. This means that the manslaughter was unintentional. This may seem counter-intuitive because the driver’s drinking may have been intentional, but unintentional in this context is a legal term. It basically means that the driver was driving in a reckless or unintentional manner, for example by speeding or running a red light, leading to the accident.

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