Se Habla Español
Call Today for a Free Consultation
203-348-5846
1100 Summer Street, Stamford, CT 06905
Recent Blog Posts
When is a Juvenile Offender Prosecuted as an Adult in Connecticut?
Prior to 2012, Connecticut was one of only three states in the U.S. that treated teens aged 16 and 17 as adults under criminal law. As a result, 16- and 17-year-olds were prosecuted under the adult justice system and were sentenced to adult prisons with no special rehabilitative services designed for adolescents. However, as a result of juvenile justice reform, legislation raised the age of juvenile jurisdiction for 16-year-olds on January 1, 2010, and for 17-year-olds on July 2, 2012.
Despite fears that these changes would cause the juvenile justice system to be overwhelmed and that the crime rate would increase dramatically, neither have happened. In fact, the crime rate in Connecticut for 2013 has decreased for the second straight year. The increase in the age of adult prosecution could be a contributing factor. Fewer teens are being incarcerated in adult prisons and commit more serious crimes after their release.
How Drug Convictions Can Affect Federal Student Aid
If you are a college student and have applied and received federal grants and loans through the Free Application for Federal Student Aid (FAFSA) program, being convicted of a drug-related felony or misdemeanor will leave you ineligible to receive future financial assistance for a certain period of time from the date of your conviction.
How long that ineligibility will last depends on the number of convictions you have and the type of offense you are convicted of. A first offense for possession of drugs will leave you ineligible for one year. If it is your have been convicted for selling illegal drugs and it is your first offense, you will not be able to apply for federal aid for two year.
A second possession conviction will leave you without FAFSA assistance for two years. If you have received two or more convictions of selling drugs, or if this is your third or more conviction for possession, the law says you will not be eligible for federal student aid unless your conviction is overturned or legally ruled to be invalid.
Americans Know Distracted Driving is Dangerous, But They Still Do It
According to a recent Harris Poll, adult drivers are engaging in risky behavior, including texting and talking on cell phones, even though they know it is dangerous. Distracted driving can result in traffic violations that not only subject you to stiff fines, depending on the number of offenses you have, but can also lead to crashes resulting in vehicle damage, injury, and even death.
Texting and Driving
The poll questioned over 2,000 adults between May 27 and 29, 2014. While over 90 percent agreed that sending and reading texts while driving is dangerous, 45 percent admit to reading text messages, and 37 percent say they have sent text messages while driving. Thirty-six percent of drivers with smart phones or tablets report using the devices to look information up while driving.
Talking on Cell Phones
Someday Cars May be Able to Tell When a Driver is Drunk
Some cars can park themselves, brake automatically, and keep the car from drifting across lanes on the highway. In addition to all the advances in automotive technology that have taken place over the last several years, it may be just a matter of time until a device in your car can tell if the driver is too drunk to safely operate the car.
In an effort to reduce the number of alcohol-related crashes, the National Highway Traffic Safety Administration (NHTSA) is working with suppliers on the development of the Driver Alcohol Detection System for Safety (DADSS). The system would automatically determine the driver’s blood alcohol content by either touch or breath. Ideally, the system would be passive, gathering the needed data without requiring the driver to blow into a breathalyzer. It is even possible that the system could then prevent the driver from operating the car if the driver’s blood alcohol level is above the legal limit.
The Effectiveness of Court Ordered Drug and Alcohol Treatment
There are many reasons people commit crimes, and the action themselves should not be the criteria on which that person should be judged. Very often, offenders are either under the influence of drugs and alcohol or else have a substance addiction problem that is a contributing factor to their behavior. In these cases, this documented medical condition must be taken into account if and when legal issues do arise.
Drug abuse has documented physical, psychological, and mood changing properties that can affect the way a person thinks, behaves, and makes decisions. Although these changes are normally associated with addiction to illicit drugs such as cocaine, heroin, and methamphetamine, substances such as alcohol, as well as narcotic prescription medications, can cause the same issues. This does not mean the person is not responsible for criminal actions, but does raise a lingering question: what is the most effective way to handle these cases?
Connecticut Juvenile Crime Statistics
According to the Connecticut Office of Policy and Management, arrests of juveniles—those under 18 years of age at the time of the incident—comprised 10 percent of all arrests in Connecticut in 2012. That is almost 12,000 arrests of juveniles. In Connecticut, a person is considered a juvenile if he or she was under the age of 18 at the time of the incident, and is referred to the Juvenile Matters Court. Of those juveniles arrested in 2012:
- 3,427 were 17 years old;
- 2,694 were 16 years old;
- 2,308 were 15 years old;
- 2,618 were 13-14 years old;
- 713 were 10-12 years old; and
- 64 were under 10 years old.
The most common charges for which juveniles were arrested in 2012 are as follows:
- Simple assault: 27 percent. Simple assaults are those that do not result in serious injury and do not qualify as aggravated assault.
Social Host Law Can Result in Hefty Fines and Jail Time for Homeowners
Everyone knows minors under 21 years old who are found to possess alcohol can face criminal penalties, but many people are not aware parents and other adults can also face criminal penalties for permitting underage drinking on their property. The so-called Connecticut “Social Host Law” was first enacted in 2006 and strengthened in 2012, providing fewer loopholes and stricter penalties.
The law that was amended, Section 30-89a of the Connecticut Statutes, prohibits anyone owning or controlling a residence or other private property from knowingly, recklessly, or with criminal negligence, permitting a minor to possess alcohol at the residence or other private property. Those individuals are also required by the law to make reasonable efforts to stop the possession of alcohol by a minor. A person who violates the Social Host Law can be found guilty of a class A misdemeanor, for which the penalties are up to a year in prison and/or a fine of up to $2,000.
Leaving a Child in a Hot Car Can Result in Criminal Charges
The summer of 2014 has seen a rash of cases involving parents or caregivers leaving children in hot cars. According to the Connecticut State Police, last year there were 44 vehicle heat-related deaths of children in the U.S., and more than 500 such deaths across the country since 1998. As of early July, 15 children have died in hot cars across the U.S. This includes cases of children playing in unlocked cars or trunks as well as parents or caregivers leaving children unattended inside a closed vehicle. One of the most troubling aspects of this problem is that these deaths are completely preventable.
During the hot summer months, the temperature in a closed vehicle can reach triple digits—and levels that can cause serious injury or even death—in a matter of minutes. High humidity levels can cut that time in half.
According to WTNH, leaving a child unsupervised in a hot car can lead to criminal charges for the responsible person, which will be determined by the police after conducting an investigation. If the child is not injured and there is no danger of injury or risk to the child’s health, the charge would likely be the charge of Leaving a Child Unsupervised in a Motor Vehicle, which is a misdemeanor. If the child has become lethargic or the child’s health is in danger, the child is injured and the charge will likely be Risk of Injury to a Minor, a felony. If a person purposely locks a child in a hot car to die, the charge will be murder, which is a felony.
Connecticut's Opioid Epidemic
Indeed heroin, as well as many other illicit substances, have been presenting a challenge to law enforcement officials--as well as the victims of addiction--for longer than the “War on Drugs” has existed. Drug abuse can cause a whole host of problems extending to every facet of life--in addition to hiring a criminal defense attorney and dealing with court, the emotional and psychological toll an addiction can cause on yourself and loved ones is catastrophic, especially if the end result is a fatal overdose.
The drug overdose statistics in Connecticut certainly seems to be illustrating this as more and more the reality for an increasing number of people. A study beginning January 2nd of this year 2014 and concluding on June 17th found a total of 151 opioid related overdose cases, which is more than half of all cases seen in all of last year.
If You Have Been Arrested, Can the Police Search Your Cell Phone Without a Warrant?
Generally, if a person is arrested, the police can search the person’s body and immediate surroundings without first getting a warrant. But according to The Hartford Courant, the U.S. Supreme Court has unanimously ruled that police officers may not search an arrested person’s cell phone without first obtaining a warrant. The difference, the Court said, is that modern cell phones contain such a vast amount of data that they deserve greater protection than other items such as wallets, purses, and address books. The Court noted that there are exceptions for some emergency situations when a warrantless cell phone search is permitted.
The Court’s ruling recognizes the fact that 90 percent of Americans have cell phones, which have become a part of the fabric of daily life. Today’s cell phones contain a digital record of just about every aspect of our lives. Having a cell phone means having a camera, video player, Rolodex, calendar, tape recorder, library, diary, album, television, map, and newspaper all rolled up into one.
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
