Posted on February 09,2023 in Criminal Defense

Facing criminal charges can happen to anyone. When this happens, it is understandable to feel overwhelmed and stressed about how a conviction could impact your future, especially when it comes to finances. If you are a veteran who is receiving VA benefits, you may be worried that you could lose your benefits over the whole situation.

In the best-case scenario, the charges against you will be dismissed or you will be found not guilty. But it is important to understand the impact if the outcome of your case ends up with a conviction.

Do You Lose Your Benefits If You Go to Jail?

If you are found guilty of the charges and the court sentences you to jail time, you will not lose your VA benefits, however, there could be a reduction in the amount you receive. Two factors that affect the amount you receive are if you are convicted and you are sentenced to jail or prison for 61 days or longer.

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 Posted on January 30,2023 in Driving Under the Influence

Each year, there are approximately 12,000 people killed in drunk driving accidents. Hundreds of thousands more are left with serious injuries. According to national statistics, one in three fatal car accidents involves a drunk driver. This has led the National Transportation Safety Board  (NTSB) to recommend that all new vehicles be required to have an alcohol impairment detection system.

NTSB Recommendations

In its announcement, the NTSB listed several measures that would work to prevent drunk drivers from getting behind the wheel of their vehicles. They recommend that all passenger vehicles should have vehicle-integrated alcohol impairment detection systems, advanced driver monitoring systems, or a combination of both of these systems that would be able to prevent a driver from operating the vehicle if the system detects the driver is under the influence of alcohol.

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 Posted on January 20,2023 in Real Estate Law

Purchasing your first home is an exciting time. It can also be somewhat confusing and overwhelming, given all the components of the purchase process. The following is a brief overview of some of those key components and what they involve. For more detailed information if you are purchasing a home, contact a Stamford, CT real estate attorney.

The Binder

A binder is an offer to purchase. It is a formal written agreement between the buyer and the seller that holds the property until a formal offer to buy contract is drafted and signed by the parties. There is also a binder deposit – typically one percent of the purchase price – that the buyer will include with the binder.

Formal Contract

The next step in the process is for the formal contract of sale to be signed. Usually, it is the seller’s attorney who will draft this contract and then send it to the buyer’s contact for review. This contract will stipulate all the terms of the sale. When the contract is signed, the buyer will then pay a deposit with it, typically 10 percent of the purchase price.

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 Posted on January 12,2023 in Traffic Violations

Originally published: July 28, 2021 -- Updated: January 12, 2023

Update: It is almost inevitable that a driver will be stopped by a police officer at some point in their driving lifetime for some type of traffic infraction. Unfortunately, if a driver has a history of receiving traffic violations, they may begin to accumulate points on their driving record and these points can eventually lead to the suspension of driving privileges, as explained below.

There have been changes to two of the items listed below – failure to yield the right of way to pedestrians and seat belt use – that recently went into effect in Connecticut that every driver should be aware of.

New Pedestrian Safety Law

Under the new law, Public Act No. 21-28, pedestrians are now able to just step on the curb of a crosswalk and give drivers a hand signal to let them know they want to cross the street. Drivers are now required to yield the right of way to a pedestrian who is in any portion of a crosswalk – including just having an object the pedestrian is using (i.e., cane, wheelchair, leashed dog) enter the crosswalk. Prior to this change, a driver was required to stop if the pedestrian was physically in the crosswalk.

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 Posted on January 05,2023 in Driving Under the Influence

One of the important aspects of a drunk driving charge is the results of a breathalyzer test. These breath testing devices are small, hand-held devices that law enforcement uses to measure the blood alcohol concentration (BAC) of the person taking the test. The BAC is the percentage of ethanol or ethyl alcohol in the person’s blood. For example, if a person has a BAC of 0.08 percent, that means that for every 800 parts of blood, there is one part of alcohol. Under Connecticut law, a person is considered legally intoxicated if their BAC measures 0.08 percent or above.

Although law enforcement deems these devices critical to their case against someone with a DUI charge, many people do not realize just how unreliable these tests actually are and how easy it is for test results to be thrown off if certain factors exist.

Types of Breath Tests

There are three major types of breath tests that a police officer may use during a DUI stop. All three measure the BAC present in the individual’s lungs; however, each device does it in a different manner:

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 Posted on December 31,2022 in Criminal Defense

Along with several other laws that will go into effect January 1, 2023, is the requirement of the Hate Crimes Investigative Unit within the Connecticut State Police. The unit was established in October 2021; however, Public Act 22-9 codifies the requirement of the unit into law. The Hate Crimes Investigative Unit investigates crimes involving race, ethnicity, religion, gender identity or expression, sex, sexual orientation, and disability.

Hate Crimes in Connecticut

There is no doubt that incidents of hate crimes have increased in the United States and that rate continues to rise. According to FBI statistics, in 2020 (the most recent year of data released), there were more than 8,000 hate crime incidents committed against 11,000 individuals. This was an increase of just under 1,000 incidents from the year before.

Here in Connecticut, there were 102 hate crimes reported to law enforcement, according to the FBI’s data. The motivation behind the crimes was broken down to the following:

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 Posted on December 27,2022 in Criminal Defense

Many people are under the impression – largely due to television shows and movies – that when a person is charged with a crime, the resolution of the case involves a trial and jury verdict. The reality, however, is that the majority of criminal cases in the United States do not end in trial. According to national statistics, less than 5 percent of criminal cases actually make it to trial. The majority of case resolutions involve plea bargains.

What Is a Plea Bargain?

A plea bargain is an agreement between the prosecutor and the defendant in which the defendant agrees to plead guilty to the crime they are charged with in exchange for lesser charges and/or a shorter sentence. The two sides negotiate to come to this agreement.

Why Do People Enter into Pleas Bargains?

There are a number of reasons why plea bargains occur. Oftentimes, both sides are aware of the strengths and weaknesses in the cases and the defense attorney realizes that given the evidence, a plea bargain is in the defendant’s best interest.

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 Posted on December 15,2022 in Real Estate Law

When a person purchases a condominium or townhouse, there is usually an association that is responsible for the maintenance of the common areas of the condo or townhouse development. Along with the condo owner’s personal financial obligations for the unit, there are also financial obligations for the expenses that come with the upkeep and maintenance of these common areas. All owners are responsible for contributing condo fees that go towards paying these expenses.

Each association also creates its own bylaws – rules and regulations about what is required, what is allowed, and what is not allowed. These rules apply to all condo owners. Included in the bylaws is how much fines will be for any violations of these rules.

If a condo owner fails to pay their fees, fines, or any assessments, can the association take steps to have the owner evicted from the property? The answer to that question in Connecticut is yes.

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 Posted on December 08,2022 in Criminal Defense

In less than four weeks, approximately 44,000 people convicted in Connecticut of cannabis possession will have their criminal records either fully or partially cleared automatically, according to an announcement by Governor Ned Lamont. This new state policy is part of the 2021 law the state passed that regulated the adult use of cannabis. In his announcement, the governor stressed that this new policy is being implemented to ensure that these low-level cannabis convictions will no longer hamper a person’s ability to find employment, pursue an education, and find housing.  

Automatic Erasure

On January 1, 2023, anyone who was convicted for possession of under four ounces of cannabis between January 1, 2000, and September 30, 2015, will automatically have those convictions erased from their records.

If a person was convicted for possession of under four ounces of cannabis prior to January 1, 2000, or between October 1, 2015, and June 30, 2021, they will need to file a petition with the court in order to have the conviction erased.

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 Posted on November 29,2022 in Real Estate Law

Just a few months ago, many pundits in the real estate industry forecasted that the real estate market showed no signs of slowing down. While the past few years have been extremely beneficial for sellers, it has been particularly difficult for homebuyers. In many cases, a home would be under contract within days of it going on the market, often after an intense bidding war and a final sale price far exceeding the original asking price.

But new reports seem to indicate that homebuyers may finally be seeing a slight light at the end of the tunnel. Results recently released by the Census Bureau’s Housing Vacancies and Homeownership survey reveal that the number of vacant homes is increasing, especially here in Connecticut.

Vacant Houses

When a house on the market has been sitting vacant for a few months, that is a good sign for a potential homebuyer that the seller may be open to negotiation. The current real estate boom that started around the time of the COVID pandemic has left little opportunity for any type of bargaining with sellers. The national homeowner vacancy rate was at .08 percent for the first half of the year. This is the lowest that rate has been in the 66 years the Census Bureau began collecting this information.

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