Posted on March 27,2017 in Driving Under the Influence

If you have recently gotten your first DUI in Connecticut, you likely have many questions and you need to act quickly in order to get the optimal results in your case. Depending on the facts of your case, it is usually helpful to retain a DUI attorney as soon as possible.

There are two different “cases” within a DUI charge. One is administrative where your driver’s license is at stake. The other is criminal, which will affect your criminal record. For most first offense DUIs, the charges are considered to be misdemeanors.

The Administrative Case

If you fail or refuse a chemical alcohol test, your license will be suspended for 45 days. Connecticut requires that an ignition interlock device (IID) be installed prior to license restoration in all cases. The IID will be required for the following periods of time, based on the circumstances of each case:

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 Posted on March 20,2017 in Juvenile Crimes

Gov. Daniel Malloy has proposed a plan that would raise the age for young offenders being prosecuted in adult court. Under the proposal, those tried in adult court would have to be 21 years old.

The proposal would not include those charged with serious offenses such as rape, assault with a firearm, and murder. Currently, those 18 years old and over are tried in adult court.

Gov. Malloy presented this proposal in 2016, but the legislature did not act on it. However, there are signs that this year, it may fare better. If this plan is adopted, Connecticut would be the first state to raise the age above 18 for most juvenile offenses.

A ‘Cutting Edge’ Proposal

This idea comes from Harvard University’s Kennedy School of Government, which has outlined a step-by-step implementation plan. “There’s no doubt this is a cutting-edge proposal,” study author Lael Chester told the Juvenile Justice Information Exchange.

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 Posted on March 13,2017 in Juvenile Crimes

Sexting is a newer spin on the age-old desire of adults and teenager alike to express themselves sexually. Regardless of potential personal objections, the act of sending, creating, or posting suggestive images or video to various outlets such as cell phones, emails, and internet have various draws for consenting individuals of all ages. Technologically savvy adults over the age of 50 are even getting into the act to “spice up” their marriages. However, for minors, the act is closely related to “child pornography” and as such, the repercussions are severe.

Consensual Child Pornography

As naive as the behavior may be, occasionally young teenagers “in love” have the bright idea to send each other nude photos of each other. While it is certainly frowned upon, with two consenting children of the same age bracket, the behavior should be considered an innocent mistake. Of course, it has been seen time and again when an ex in the relationship still maintains ownership of their copy of their ex and spreads them across school and to various social media outlets, causing further damage. However, even while they are in the relationship, the state of Connecticut says that so long as these individuals are between the ages of 13 and 15, a crime occurred on both the sending and receiving ends.

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 Posted on March 06,2017 in Driving Under the Influence

If you are accused of driving under the influence (DUI) of alcohol in Connecticut and have a blood alcohol content (BAC) higher than 0.08, you may have many questions. You may question your future, the punishments, and the impacts. Although Connecticut legislature has harsh penalties for those convicted of first-time DUI, there is a second chance option that may be available given the right circumstances. The program is not a right, and therefore no one is guaranteed admittance, however the chances of being accepted increase with the assistance of a knowledgeable attorney to help you through the application process.

Pretrial Diversion Program

If it is your first time with a DUI, or you have not had one in more than 10 years, you may be eligible to apply for this program before your case goes to trial. Consider AEP, a Connecticut “second chance” for those who made a mistake. The Alcohol Education Program meets weekly for one-hour classes for up to 15 weeks. The length of time is dependent on the results of an alcohol evaluation test done before the program begins. There are no exams or testing, nor are there any alcohol or drug tests. Simply arrive on time, every week, and stay for the entire class. After successful completion of the program and attending the Mothers Against Drunk Driving (MADD) Victim Impact Panel, your case may be dismissed and erased from your record.

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 Posted on February 22,2017 in Juvenile Crimes

Larceny is the intentional withholding of property belonging to someone else with no intention of giving it back. Convictions range from a misdemeanor to a felony based on the valued amount of the item or items taken. Many parents enter into panic mode upon hearing news that a child faces accusations of larceny. The reaction is justifiable as these charges can affect the entire future of the accused as such a stigma can severely stunt educational and employment opportunities. Your child’s future may be preserved if the appropriate action occurs quickly.

Is a juvenile record sealed or expunged at 18?

Many mistakenly believe that all criminal history before the age of 18 is automatically sealed and not visible to potential schools and employers. If the case in question was dropped or dismissed, the record erases immediately. However, if there is a conviction, a petition must be completed to have the incident “erased.” Sealing and expungement is not an option in these cases, but erasing will prevent everyone outside of a courtroom from seeing the record.

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 Posted on February 15,2017 in Theft and Property Crimes

As children, we are encouraged to explore our creative side. From early on we are applauded for each moment of artistic ability, even if at three years old it does not look like much. In elementary school, our teachers shower us with praise and our parents proudly display our artwork on the refrigerator and throughout the house and office. In our early teens, that creative artistic ability is not easily suppressed. Unfortunately, once the artwork is on someone else’s property, criminal mischief and vandalism charges become likely.

How Is Art a Crime?

Graffiti is any marking, such as initials, slogans, declarations of love, or drawings on public or private property not belonging to the artist. Graffiti can be something written in marker, sprayed on with spray paint, or even carved using sharp objects. Graffiti is often associated with gang presence however it is in no way limited to this population. Individuals from all walks of life have been found guilty. Although a single “tag” does not cause significant concern, where one piece of graffiti is visible, more are likely to follow. The “artwork” found on the sides of buildings, trains, and bridges costs approximately $12 billion dollars annually to clean throughout the United States.

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 Posted on February 08,2017 in Criminal Defense

One of the obstacles those with a criminal record face is finding an employer who will hire them despite that record. A newly-enacted law will now keep Connecticut employers from asking job applicants about their criminal records on employment applications. The law went into effect January 1, 2017.

Specifics of the Law

The law only covers the questions asked on a job application. In an interview, an employer could ask about a criminal record. Also, the law does not apply to jobs where background checks are legally mandatory, such a jobs in schools. The law prohibits any questions about arrests, criminal charges, or criminal convictions.

Purpose of the Law

The law was enacted in order to curb the rates in which people with a criminal record end up back in prison. One way to keep recidivism rates down is to help those with criminal records find jobs.

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 Posted on February 01,2017 in Violent Crimes

When someone makes violent crime accusations, they are effectively jeopardizing the future of the accused individual. An allegation on its own can wreak havoc on a once-clean reputation. With enough notoriety, the accused can lose family, jobs, and more. Intelligent and efficient representation early on can help to mitigate any lasting effects of any false claims. Additionally, it is beneficial to understand what the terminology means in a legal realm. In daily conversation murder and homicide are interchangeably used, but each has unique meaning when used in a court-of-law.

Murder: Capital, Felony, and Arson

Murder is the intentional killing of another individual, including forced suicide with duress or deception. Connecticut’s unique legal structure breaks the charge down further into capital, felony, or arson murder rather than first, second and third degree. The differences are as follows:

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 Posted on January 30,2017 in Criminal Defense

Being pulled over by a police officer is a nerve-wracking experience. Because of this, many people make the mistake of consenting to a police search of their car. Criminal defense attorneys routinely advise clients that they should never allow an officer to search their car.

Reasons Why People Consent to Officer Searches of Cars

People have many misconceptions about what the consequences of a car search entail. They may think one or more of the following:

• I’ve got nothing to hide. I should let the search happen;
• Maybe the officer will not find the drugs or weapons I have hidden; and
• The officer will just search my car anyway. If I consent, maybe the officer will go easy on me.

All of these statements are false or bad advice. If an officer is asking for your consent, that means that your consent is needed to search the car.

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 Posted on January 23,2017 in Drug Charges

For years police have use trained dogs to help them discover drugs and drug paraphernalia on citizen’s bodies, in bags, and in cars, which will lead to criminal charges. It comes as a surprise then studies show that police K-9s have high error rates.  One study reviewed Chicago police records over three years and determined that police found drugs or paraphernalia 44 percent of the time that a dog alerted an officer it smelled drugs. According to the study, the success rate fell to 22 percent when the person searched was Hispanic. 

How Drug Dogs Are Supposed to Be Used

Drug dogs are supposed to be a way for police to find drugs without infringing on the public’s constitutional rights. For example, if police pull you over for a traffic stop, officers do not have the right to search your car. 

Police need probable cause to search your car. If they do not see drugs inside, smell them or determine that the driver is under the influence of drugs, they do not have probable cause to search your vehicle. However, police can use drug-sniffing dogs because the dogs theoretically will only search for drugs. Possession of drugs is not a constitutionally protected right. 

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