Recent Blog Posts
What Is the Fifth Amendment and When Does It Apply?
There has been much in the news over the past week or so regarding the Fifth Amendment. According to a statement released from the New York Attorney General’s Office, former President Donald Trump invoked the Fifth Amendment to more than 400 questions during a deposition earlier this month. The AG’s office is conducting a civil investigation into the former president’s business dealings. This has led many people to wonder when a person can invoke the Fifth and what exactly it means to do so.
What Is the Fifth Amendment?
The Fifth Amendment of the United States Constitution, added in 1791, creates certain individual rights for both criminal and civil legal proceedings. Under the law, an individual only has to answer for their crimes when “on presentment or indictment of a Grand Jury.” In these situations, the Fifth can be invoked if one or more of the following circumstances exist:
Committing Charity Fraud Can Result in Serious Federal Penalties
Platforms like GoFundMe provide a way for people to raise money for all different causes, including charities, events, and people who are facing challenging circumstances like serious illnesses and financial disasters. But what happens when someone sets up an online fundraiser that is not legitimate? Can they face criminal charges? According to the FBI, not only are scam fundraisers illegal, but if someone perpetrating a scam fundraiser is caught, he or she will be charged with a federal offense, just like a recent case in New Jersey.
Scam GoFundMe Raises $400,000
This case stemmed from a GoFundMe campaign a New Jersey woman and her then-boyfriend set up in 2017. In a story that went viral nationwide, the woman posted on her social media account that she had run out of gas and gotten stuck on a highway in Philadelphia. According to the woman’s claim, a homeless man saw her and gave her his last $20 for gas. Her post even included a photo of herself with the man. She and her boyfriend then set up the campaign, claiming they wanted to pay it forward by raising money for the homeless man.
UPDATE: Despite Overall Crime Rate Drop in Connecticut, Some Lawmakers Calling for Stricter Laws
Originally published: November 8, 2021
Updated: August 4, 2022
Update: Last year, our firm explained several proposed changes that Connecticut lawmakers were proposing in an effort to combat rising car theft rates in the state, particularly among juvenile offenders. Last month, the governor signed into law the final bill approved by the Connecticut General Assembly, Public Act 22-115.
Provisions included in the final version include the following:
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All juveniles who are arrested but are not being detained must have a hearing before the court within five business days.
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A juvenile can be held for up to eight hours (increased from the current six) if law enforcement is attempting to contact a parent or guardian or is waiting for a court ruling for a detention order.
No Signs of the Connecticut Residential Real Estate Market Slowing Down
Even after more than a year of the residential real estate market soaring, it is still moving at a booming rate. Recently released spring residential real estate statistics show that properties continue to sell as quickly as they are listed on the market and bidding wars are still taking place. Given this pace – and the legalities that can be involved – it is important that anyone who is in the market to purchase a home should have a skilled Fairfield County real estate attorney representing them.
Spring Housing Numbers
The strong demand for residential homes continues to make it a seller’s market, with the average list-to-sale price ratio at 103.1, despite slowly increasing interest rates.
According to statewide data, houses are still moving quickly off the market. In some Connecticut towns, fifty percent of the houses that sold in the month of May went under contract within five days of being listed. In some areas, contracts were signed within two days of the listing.
Shoplifting Charges in Connecticut
Some people think of shoplifting as a petty crime, usually committed by teens on a dare from their friends. However, the reality is that shoplifting – also referred to as retail theft – is a serious charge that could result in significant penalties if the person charged is convicted.
If you have been charged with retail theft, you need a skilled Stamford defense attorney advocating for you.
Shoplifting Charges
Under Connecticut law, there are two different ways a person can be charged with shoplifting. They have either taken merchandise from the store without paying for it or they have switched the tags or packaging of one item with the tags or packaging of another item that has a lower price.
The category of crime you are charged with depends on the dollar value of the items that you are accused of shoplifting:
Serious Consequences of a Rape Conviction in Connecticut
The state of Connecticut takes the crimes of rape and sexual assaults very seriously. The penalties for convictions are harsh, often resulting in jail time and the requirement to register with the state’s sex offender registry. The impact on an accused’s future can be dire. If you have been accused of sexual assault, you need an aggressive Stamford defense attorney aggressively fighting for you against these charges.
How Does Connecticut Define Rape?
Under Connecticut law, there are several acts that can result in a charge of sexual assault in the first degree. These acts include:
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Forces an individual to engage in sexual interforce by using force or the threat of using force against that individual or against a third party. If the victim is under the age of 16, the charge is elevated to a class A felony which can result in sentencing enhancement.
New Law Aims at Cracking Down on Catalytic Converter Thefts
The recent rise in catalytic converter thefts has hit just about every state in the country, including right here in Connecticut. Examples of just how serious a problem it has become over the past few months include thefts of catalytic converters off of more than a dozen Easter Seal vans in Waterville and 18 school buses in Plainville. In May, a man in Milford needed 300 stitches after a confrontation with a man who was using a Sawzall to cut off a catalytic converter from a parked vehicle.
In response to these and other incidents, lawmakers passed a new law that went into effect July 1, implementing stringent restrictions on who motor vehicle recyclers can purchase these parts from and how those sales must be documented.
Thefts Soar
According to statistics from the National Insurance Crime Bureau, the number of catalytic converter thefts skyrocketed from 3,400 in 2019 to 14,400 in 2020, a more than 400 percent increase in one year – those numbers continue to soar.
Many Home Buyers Waiving Home Inspection Contingency
One of the surprising trends to occur during the COVID-19 pandemic – and one that has continued long beyond it – is how competitive the residential real estate market has become. It is not an uncommon sight for a “under contract” sign to go up within days of the “for sale” sign being put out. It is also not unusual for a bidding war to take place, with potential buyers offering even more than what the asking price of the home is. There is no doubt that this period has been a seller’s market, however, this can sometimes mean that a buyer is willing to waive certain contingencies in order to seal the deal. But this can turn out to be an expensive mistake.
Waiving Contingencies
When a seller agrees to a potential buyer’s offer, they will sign an Offers to Purchase contract. This contract covers the purchase price agreed upon by both parties, as well as other terms. One of the most critical terms is the amount of time the seller has to accept the buyer’s offer. This contract also often has contingencies that allow either party to cancel the contract without legal liability.
Is Drug Addiction a Valid Defense for Drug Crimes in Connecticut?
According to national statistics, there are more than two million people who are incarcerated in the United States. Many of those who are being held are in the criminal justice system because of substance abuse issues. In fact, according to FBI statistics, the majority of arrests are for some type of drug abuse violations, and one out of five people are being held for drug-related crimes.
Crime and Addiction
The statistics on drug addiction and its link to criminal offenses are overwhelming. In a report by the U.S. Bureau of Justice, it is estimated that more than 20 percent of all people who are being held in prisons and jails are there because the committed crimes in their attempt to get drugs. This comes to approximately a half million people who are incarcerated because of their drug addictions.
Collateral Consequences of a Felony Conviction in Connecticut
When a person is convicted of a crime, the court will hand down the sentence they are required to serve, with the severity of that sentence dependent on the severity of the crime, along with the circumstances of the case.
Once the sentence has been completed, the defendant may believe they have “paid their debt to society” for the crime they have been convicted of, however, if that crime was a felony, there may be collateral consequences that will have an impact on the defendant’s future.
Felony Charges
In Connecticut, there are several classes of felonies a person may be charged with. The class of felony charged will determine the minimum/maximum sentence the defendant will face if convicted:
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Capital A felony – Life without possibility of release