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Recent Blog Posts
Are Subject-To Real Estate Transactions Worth the Risk?
“Subject-To” real estate transactions can be beneficial for both the buyer and the seller as long as the right protections are put in place. The following is a brief overview of these types of purchases. If this is something you are considering – either as a buyer or seller – contact our Stamford real estate law firm for more detailed information.
What Is a “Subject-To” Transaction?
A Subject-To real estate transaction is when a buyer purchases a property but the mortgage stays in the seller/current owner’s name. A deed is drafted that turns the property over to the buyer, but the mortgage – and legal obligation to pay it – is still on the seller. The financial institution that holds the mortgage is not notified of the transaction. Instead, the buyer now takes over the mortgage payments. These transactions typically involve little or no cash and no credit.
Lawmakers Consider Bill That Would Prohibit Certain Interrogation Tactics Used on Minors
Connecticut lawmakers are considering a bill that will prohibit law enforcement from deliberately lying to minors while interrogating them. If the bill becomes law, it would make any kind of statement, admission, or confession made by a defendant under the age of 18 inadmissible if it was obtained due to deceptive interrogation tactics by police.
According to statistics collected by the ACLU of Connecticut, almost 30 percent of wrongful convictions in Connecticut involved cases where police lied or coerced defendants into making false confessions, including children. The bill would require police to prove “by clear and convincing evidence” that the statement was obtained without using these tactics.
Proposed New Law
Earlier this week, public hearings were held that gave the opportunity for people to speak out their support or opposition to the proposed legislation. Some of the proponents of the bill that testified were people who had been convicted as minors following false confessions that were obtained during police interrogations where the officers used deceptive tactics to elicit the confessions. There were also attorneys who had worked with multiple clients who were minors that had confessed to crimes they did not actually commit following police interrogations.
What Not to Say if You Are Pulled Over On Suspicion of DUI
If you are driving along and suddenly see the blue lights flashing behind you, signaling you to pull over, it can be intimidating even if you have done nothing wrong. It is critical to understand that if an officer pulls you over, anything you say to that officer can be used against you should there be subsequent criminal charges. Unfortunately, many drivers who are stopped by police forget that and they often become “chatty,” especially if the officer begins to ask them questions about whether they have had any alcoholic beverages leading up to the traffic stop.
If you have been stopped, the following statements are ones you want to avoid. If you get arrested, make sure you contact a skilled Connecticut criminal law attorney to defend you.
Admitting You Are Impaired
Admitting you are drunk or otherwise impaired is one of the worst things you can say to police if you are pulled over. That statement will not only result in the officer arresting you for drunk driving, but it will also likely be used by the prosecutor as an admission of guilt during the subsequent DUI case. It is basically a confession and could even be used to establish your guilt regardless of any chemical test results you may have submitted to.
What Are Wobbler Crimes?
Every state has its own criminal law statutes, however, there are usually some similarities. In Connecticut, as in all states, crimes are classified as either a felony or a misdemeanor, depending on the severity of the crime and other factors associated with the offense. Felony charges and the penalties associated with convictions are more severe than misdemeanor charges and penalties. However, there are some crimes that can be charged as either a felony or a misdemeanor. These are referred to as “wobbler crimes.”
How Are Charges Determined?
In the majority of criminal cases, the prosecutor will look at the evidence the police have gathered against a suspect and decide what charges that individual should be charged with. In many cases, it is within the prosecutor’s discretion whether the charge will be a misdemeanor or a felony. Examples of crimes this discretion can be applied include:
What Happens at a Connecticut Home Closing?
If you are a first-time home buyer, you may be feeling a little overwhelmed with collecting all of the documents needed, submitting records, and other steps that are required in the process. With all the legalese and financial information being thrown at you, it can sometimes feel intimidating. This is especially true when it comes time for the closing. Understanding what happens at the closing can help put your mind at ease. Having a dedicated real estate lawyer representing you can make all the difference in how comfortable you are with the process and how much smoother it can go.
What Is a Closing?
The closing is the last step when buying a home. It is where the transfer of funds between the party selling the home and the party purchasing it. There is also a myriad of documents that will be signed at the closing that address the transfer of the property deed.
Do I Have to Speak to the Police?
At one time or another, most people find themselves having some kind of interaction with the police. They may have been involved in a car accident, witnessed a crime, or even gotten pulled over because of a suspected traffic violation. Whatever the reason you may find yourself speaking with a police officer, there are important things you should keep in mind.
But I Did Not Do Anything Wrong
Most people think that if they did nothing wrong, then they have nothing to worry about by speaking with the police and answering their questions. Unfortunately, there have been far too many people who have been arrested and convicted of crimes, and spent years in prison, until their convictions are finally overturned. Even if you are innocent of the crime police suspect you of being involved in, you should understand what your constitutional rights are and what could happen if you do not have an attorney present during the questioning. Remember, anything you say can and will be used against you in court.
What Happens to My VA Benefits If I Am Incarcerated?
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.
NTSB: Every New Vehicle Should Have Alcohol Impairment Detection Systems
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.
Real Estate Terms You Should Know When Purchasing Your First Connecticut Home
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.
Update: When Can Traffic Violations Lead to a License Suspension in Connecticut?
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.
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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