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Recent Blog Posts
Early Release of Federal Prisoners Under 2018 Law Finally Being Implemented
In December of 2018, former President Trump signed into law The First Step Act. The Act had two goals to meet: improving the conditions for prisoners incarcerated in federal prisons and cutting unnecessarily long federal sentences. This week, the U.S. Department of Justice (DOJ) announced a new rule it is implementing that will begin the release process for thousands of federal prisoners currently sitting in prison.
The First Step Act
Under the First Step Act, federal inmates were granted the chance to earn up to 15 days of time credits for every 30 days of completed participation in prison programs that were developed to reduce recidivism rates. Qualified programs include those that address educational work, drug treatment, anger management, and social skills.
The new rule is more specific in how many credits are actually earned. Inmates can earn 10 days of time credit for every 30 days they participate in programs, however, if an inmate is able to stay in a “lower-risk category,” they will earn an additional time credit of five days for each of those 30 days.
Defending Against Robbery Charges in Connecticut
Being charged with any kind of theft crime in Connecticut is serious, but when the charge is robbery, the penalties, if convicted, can be harsh. Robbery is defined as taking an item from an individual with the use of force or threat of force. If you have been charged with robbery, you need an experienced criminal law attorney defending you.
Robbery Charges
Robbery is considered a violent crime, which is why the penalties can be so severe. Grabbing property from a victim, threatening them with harm, hitting, kicking, or using any kind of physical force to take an item, or making the victim believe they are at risk of serious injury are all acts that will likely result in a charge of robbery.
Under Connecticut law, the crime of robbery is charged as a felony and the potential penalties depend on which degree of felony the conviction is for:
Misconceptions About Marijuana Possession in Connecticut
UPDATE: It has been a decade since Connecticut decriminalized marijuana, but in 2021, lawmakers voted to make additional changes to the law. Some of those changes have already taken place, while others will be taking place in 2022 or later.
In July, the law was changed so that adults who are 21 years of age or older are now able to possess up to 1.5 ounces of cannabis on their person or up to five ounces in a locked container in their home or a locked glove compartment or trunk in their vehicle.
As of October, any adults 18 years or older who have been issued medical marijuana cards are allowed to grow up to six marijuana plants inside their residence. Beginning in July 2023, any adult who is 21 years or older will be allowed to grow up to six plants indoors.
Another change to the law takes effect on July 1, 2022. Individuals with prior marijuana possession arrests can petition the court to have those records erased. According to the law, if a person was charged with possession of four ounces of less before January 1, 2000, or charged between October 1, 2015, through June 30, 2021, they can petition the court to have those charges arrested from their records.
New Accessory Apartment Law Goes Into Effect in Connecticut
The new year usually means new laws for Connecticut citizens. Many of the bills that are enacted into laws during the prior year usually go into effect on January 1st of the new year. The year 2022 is no different. One of the new laws taking effect next week addresses the legality of accessory apartments in the state.
What Are Accessory Apartments?
The real estate market has been booming in the United States for the past few years. Sellers definitely have the upper hand, setting high prices for their properties that often result in bidding wars between buyers and “under contract” signs within days of the property being put on the market.
This housing boom has also had a significant impact for renters, as well. Not only have the prices of rental units skyrocketed, but many landlords have also decided to take advantage of the current market, selling their rental properties and leaving renters with few options for finding affordable housing.
Fighting a DUI Charge in Connecticut
The month of December brings with it many gatherings and parties. For a lot of people, this also means alcohol may be enjoyed. Unfortunately, it also means that some people may find themselves facing a drunk driving charge as we ring in the New Year. If you find yourself facing DUI charges in Connecticut, there may be some viable defense options that a skilled criminal defense attorney can use to defend you.
Chemical Tests
When a driver is stopped on suspicion of driving under the influence, there is a strong possibility that the officer who has pulled the driver over will insist on some kind of chemical testing. In many cases, the officer will conduct a breath test at the scene, however, there are also scenarios where law enforcement will obtain a warrant for a blood test.
Both tests will show what the driver’s blood alcohol content (BAC) is. In Connecticut, a BAC of 0.08 percent or higher means that the driver is legally driving under the influence and will be arrested. However, it is critical for a person who has been charged with a DUI to understand that there are circumstances where their attorney may be able to challenge the validity of those test results in court.
Watch Out for Driving Violations That Could Result in the Loss of your Connecticut License
Connecticut State Troopers were busy over the Thanksgiving weekend. According to a statement the agency recently issued, troopers made 50 driving under the influence arrests from Wednesday at midnight until Sunday at 11:59 p.m. State troopers stepped up their enforcement of Connecticut roads during the long weekend, also reporting 501 violations issued for speeding, 118 violations issued for seat belt violations, and another 559 violations issued for other hazardous driving behaviors. Hazardous violations include following too closely and using a cell phone while driving.
With the holiday season in full swing, drivers should be aware that law enforcement will continue to be out in full force between now and the New Year holiday, continuing to arrest drivers they suspect of DUI and issuing violations for traffic infractions.
Law Enforcement Reports Rise in Organized Retail Theft in Connecticut
There have recently been multiple reports about an increase in retail theft across the country. According to the results of surveys conducted by the National Retail Federation, retail stores are getting hit more often, especially by organized retail theft gangs. There has also been an alarming increase in the number of incidents where the alleged thieves are more violent and aggressive towards store employees who try to stop them.
Rise in Connecticut Incidents
Stores throughout Connecticut have also experienced a marked increase in retail theft incidents. Grocery stores, in particular, are reporting more and more retail theft incidents to law enforcement. Many of these incidents involve multiple people working together to steal products, as organized retail crime has become more of an issue over the past several years. There has also been a spike in the number of incidents where violence and threats of violence were made against store employees when confronted.
The Confusion Over Federal and State Marijuana Laws
As of this writing, 36 states allow for the medical use of cannabis products, and 18 states have enacted legislation to regulate cannabis for nonmedical use. The state of Connecticut was the 18th state to legalize the recreational use of cannabis for adults.
Whether you are in a state that has approved the use of marijuana for medical or recreational reasons, you can technically still be charged with a federal drug crime if you use or dispense the drug. This is because federal law almost always overrides state law, and despite the legalization of marijuana for various uses in different states, it is still considered an illegal drug under federal law.
Differences Between Federal and State Law
The federal Controlled Substances Act prohibits any use of marijuana, categorizing it as a drug with no accepted medical purpose and a high potential for abuse. In states that have passed medical marijuana laws, a person is allowed to use medical marijuana to treat a debilitating condition. The person must have a prescription from their doctor for one of the approved medical conditions the state law allows. Medical marijuana laws also regulate the producers and dispensaries licensed to produce the drug and it is at these dispensaries where people are required to purchase their medical marijuana.
Update: Restrictions on Gun Ownership in Connecticut
Next month will be the ninth anniversary of the tragic Sandy Hook Elementary School shooting in Newtown, CT, where a 20-year-old man shot and killed 20 children between six and seven years old and six adult staff members. There has been major debate on gun control and gun ownership in the almost decade since the tragic event, including some changes to gun laws in Connecticut.
In 2018, Connecticut lawmakers passed a new law regarding firearms, specifically focused on any illegal attempt at mechanical enhancements that enables rapid firing of the gun. These enhancements basically take a semiautomatic weapon and turn into a machine gun. There have been multiple mass shootings where the shooter used rapid-fire enhanced guns.
One of the most common of these mechanical enhancements is a bump stock. The rear portion of a long firearm is referred to as the stock. Bump stocks are gun stocks that take the energy from the gunshots and use it to trigger repeated firing of the gun’s shooting mechanism.
DUI Arrest: Not the Treat You Want for Halloween
As October winds down and we enter the last weekend of the month, many people will be attending Halloween parties and other festivities. Many people will also be drinking alcohol at these events. Unfortunately, drunk driving is responsible for almost half of the car accident fatalities that occur Halloween night. There is also a high rate of pedestrian deaths that are alcohol-related, more than 25 percent.
These high statistics have led to more and more law enforcement patrolling roads, watching out for drunk drivers. There are also many DUI checkpoints that are set up in the effort to keep drivers under the influence of alcohol off the roads. If you have been arrested for drunk driving, you could be facing significant penalties depending on the circumstances of your arrest.
DUI in Connecticut
Under Connecticut law, if you are operating a vehicle with a blood alcohol concentration of .08 percent or higher, you will be arrested and charged with DUI. If you are under the age of 21, a BAC of .02 percent or higher will get you charged.
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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