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.

Mental Illness Defense

Drug addiction or dependency is a recognized mental illness that leads to a change in the addicted person’s brain, causing a shift in the normal prioritization of needs and desires. Not only is the addict in risk of dying from a possible overdose, but – as the above statistics show – they risk facing criminal charges and incarceration in their quest to obtain these substances.

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:

Last month, Governor Ned Lamont signed into law Public Act 22-9, a new law that – among other things – will ensure the ability of the Connecticut State Police’s Hate Crime Investigative Unit will have the tools the unit needs to continue its work. The unit was originally established in October 2021 but was never codified into law.

Along with codifying the unit into law, the law also requires the state to develop a reporting system and best practices, and a model of the investigation policy that law enforcement should use when investigating hate crimes. The law also places time requirements which state that law enforcement has to report hate crimes to the CSP Hate Crimes Investigative Unit, and designates the head of the unit to sit on the State-Wide Hate Crimes Advisory Council.

Hate Crime Investigative Unit

The Hate Crime Investigative Unit is responsible for investigating crimes that are based on bias or bigotry against people based on the following:

When someone applies for a mortgage to purchase a home, one of the requirements the mortgage company has is that there be no issues regarding the deed to the property. In order to ensure this, the mortgage company (or the buyer) will hire a title company to do a title search to confirm the legal ownership and to make sure there are no liens on the property.

Liens are legal claims or rights that are placed on a property by a creditor. The lien gives the creditor stake in the property if the property is sold. The problem for the property owner, however, is the property cannot be sold unless the lien is lifted.

While some liens are expected and accepted – such as the lien a mortgage company places on the property when they grant a mortgage – there are other liens that are not acceptable. The following is an overview of the different types of liens that could be found in a title search.

Several years ago, a well-known NFL football player was arrested for child abuse because he used a tree branch as a switch to discipline his then four-year-old son. The man claimed he never intended to abuse or harm his son and was only disciplining him in the same manner his parents disciplined him when he was a child. But prosecutors said that by using a tree branch and hitting his son multiple times, the player’s actions went beyond mere discipline and were abusive. The case caused a national debate about what type of acts crosses the line between discipline and abuse.

Player Charged

According to prosecutors in the above case, the boy suffered bruises and cuts all over his body. The player was charged with felony child abuse. He eventually pleaded no contest to a reduced charge of misdemeanor assault and received two years’ probation, a fine of $4,000, and was ordered to perform 80 hours of community service. He was also suspended from the NFL for one year. Four years later, in an interview, the player admitted to sometimes using a belt to discipline the boy.

Connecticut Law on Child Discipline

In Connecticut, while there is a statute that addresses child abuse, there is no definitive law that addresses parents and corporal punishment. The current law can be subjective.  What one parent may believe to be “reasonable” discipline, another parent may find abhorrent. This means it can be up to a judge or jury to decide if a parent is facing child abuse charges using what the parent felt were reasonable methods.

When a person is convicted of a crime, there may be grounds to have that conviction overturned. This can happen if there were errors made during the original trial and they are granted an appeal. If you have been convicted, contact a criminal defense attorney to find out if your case may be eligible for the appeal process.

Filing an Appeal

There are several ways a convicted person can appeal a court’s verdict. The defendant can file a motion to request the trial judge overturn the jury’s guilty verdict and enter a new verdict of not guilty. This is referred to as judgement notwithstanding the verdict (JNOV).

The defendant can also file a motion for a new trial. This motion requests the court declare the original trail a mistrial and to schedule a new trial.

Reckless driving can be defined as the act of operating a vehicle in a manner that shows a wanton or willful disregard for the safety and well-being of any person or property. When a person is charged with reckless driving, it is because the police officer believes that not only did the driver choose to operate their vehicle in a dangerous manner, but they did also so despite the dangerous risks that behavior created.

In Connecticut, reckless driving is charged as a misdemeanor, not as a traffic violation. This means that the driver will be arrested and the case will be handled in the criminal court system. It also means that a conviction will become part of the driver’s criminal record.

What Are the Most Common Types of Reckless Driving Violations?

While there are a myriad of behaviors that fall into this category, some of the more common acts that can result in reckless driving charges:

One of the most significant financial transactions that a person makes in their lifetime involves the sale or purchase of a home. Because of the all the legalities – and money – involved, anyone who is buying or selling a home should consult with a qualified real estate lawyer who will look out for their best interest and walk them throughout the process. Your lawyer will make sure that your interests are protected as they help guide the transaction as efficiently and smoothly as possible.

Signing Real Estate Contracts

Whether you are purchasing a home or selling a home, at some point you in this process, you will be asked by the real estate agent you are dealing with to sign a contract. This contract will stipulate either what your obligations are as the buyer or what they are as the seller.

No matter what side of the sale you are on, make sure you consult with a and attorney who specializes in residential real estate law to ensure that the contract serves your best interest. Some of the issues the attorney will evaluate is how long the contract is in place and what type of commission the agent will earn. Your attorney can be with you from the initial offer of the home all the way to the day of closing, making sure you understand all of your rights, as well as what your obligations are.

When a person is charged with a crime, they will either be convicted of the crime, found not guilty, make a plea agreement with the prosecutor, or the charges will be dropped with no further action.

For those individuals who end up having that conviction on their record, there can be serious ramifications that could have a detrimental impact on their future. In certain situations, the person may be able to have the incident stricken from their criminal record. In Connecticut, this is referred to as an expungement or absolute pardon.

Automatic Expungement of a Criminal Record

A popular misconception is that a criminal record only comes into existence upon a conviction, when in reality, a person who has been arrested but not convicted, or arrested and charged but found not guilty, also has a criminal record.

It is not uncommon to turn on the news and hear a report about an incident of workplace violence or reports of toxic work environments that have led to lawsuits and more. No matter what position a person holds in a company, acting out at work can not only result in termination but could also leave you facing criminal charges. If you have been charged with assault or other workplace violence, contact a Stamford defense attorney right away.

Criminal Charges Due to Workplace Threats or Acts of Violence

According to national statistics, more than 20,000 workers in private business industry were victims of nonfatal workplace violence in 2020. Many of these victims required days away from work. More than 20 percent of these victims required a month or more off from work while they recovered from their injuries.

When you think of workplace violence, you may envision tragic and terrifying situations that grab national headlines, such as when a disgruntled worker opens fire on other employees. While these scenarios do occur with alarming regularity, there are other types of job-related violence that occur on a smaller, more frequently scale.

Unfortunately, arguments between spouses can escalate into threats and acts of physical violence. Depending on the circumstances and statements from witnesses and/or the alleged victim, a spouse in this situation could end up facing serious criminal charges. What many people may not realize is that just the threat of physical violence – even if none occurred – can be charged as domestic violence under Connecticut law.

Domestic Violence Charges in Connecticut

Under Connecticut law, it is considered domestic or family violence is a person threatens, stalks, or physically assaults a member of their household, family, or someone they have dated. This includes:

• A spouse or former spouse

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There is no doubt that the real estate market in Connecticut and across the country has been booming over the past year or so. With so many homeowners putting up “for sale” signs on their front lawns, many people are quickly making the move to upgrade from where they currently reside. A lot of these buyers find themselves making offers on a new home before their current home has sold in order not to lose their chance at the new home. Homebuyers who are in this situation can have a “home sale contingency” clause added to their purchase and sale agreement. This clause voids the agreement for the sale of the new home in the event the buyer is unable to sell their current one.

Types of Home Sale Contingencies

There are two types of home sale contingencies clauses, sale and settlement contingency or settlement contingency.

A sale and settlement contingency is one used in the event the buyer has not yet received an offer to sell their home. By using this clause, the seller is still allowed to keep actively marketing their home, however, the clause creates the stipulation that if the seller receives another offer on the home, the buyer has a specific window of time to remove the sale and settlement contingency. If the buyer is unable to remove the contingency, the agreement is void and the seller returns whatever deposit the buyer had put down on the property.

The last thing you want to be thinking about when you are in the presence of someone overdosing from drugs is the consequences of calling 911. You may be afraid that if the paramedics arrive, the police will be following close behind, and explaining your role in the situation might be difficult. Whether or not you have something to hide, weighing the possible death of another human being versus the possibility of facing criminal charges is an unenviable position. Fortunately, if this happens in Connecticut, you may be covered under the state’s Good Samaritan Law.

What Is the Good Samaritan Law?

As of 2021, 47 states and the District of Columbia had enacted Good Samaritan laws that protect both people calling on behalf of others and people calling for help for their own behalf in drug overdose situations.

This protection is part of a law that outlines the punishment for possession of various narcotic substances. The laws hold that the punishment is not applicable to someone:

If you have been accused of assaulting someone, a conviction could have dire consequences on your life. You could be facing a jail or prison sentence, suspended sentence, probation, and heavy fines. If the charge against you is a sexual assault charge, a conviction could mean lifetime registration as a sex offender.

Whatever the circumstances of the charges against you, a Stamford, CT defense attorney can help defend you against these charges. Maybe you were in the wrong place at the wrong time or maybe you acted in self-defense. Whatever the situation, our legal team can help.

Assault and Battery Charges

Assault and battery charges can result from a range of different scenarios and levels of confrontation. A verbal argument, shoving match, slap, or more aggressive physical contact may qualify as an assault charge. Basically, any act that will make an individual believe they are at immediate risk of bodily harm can qualify as an assault charge, even if there is no physical contact that takes place.

When a person is arrested and charged with a crime, there are three possibilities that could happen. The charges will be dropped, the person will plead guilty in a plea bargain arrangement with the prosecutor, or the case will go to trial so a jury will decide if the person is guilty of the crime or crimes they are accused of.

The goal of the trial is that the jury will decide if the person is guilty or not guilty. There are, however, many trials where an issue arises that causes the judge to declare a mistrial. Although it may seem that a mistrial is good for the person who is accused, there are negative factors to consider.

Why Do Some Cases Result in a Mistrial?

There are two reasons why a mistrial may be called. The first reason is that the jury is unable to come to a unanimous decision on whether the accused is guilty or not guilty of the charges. In this situation, the judge may instruct the jury to keep on deliberating. Occasionally, a jury is able to finally come to a verdict, however, in many cases, they are still unable to reach a decision.

Over the past couple of years, national headlines have been full of cases involving violent interactions between citizens and law enforcement officials. While these cases capture the media’s attention, there are situations in which an accused person’s rights are violated that do not get news coverage. If you are stopped by the police or accused of any type of criminal activity, our Fairfield County criminal defense attorneys want you to be aware of your rights and the steps you need to take to protect yourself.

Color Of Law Violations

Local police and state law enforcement officials are granted the authority to ensure that laws are upheld. They have a tremendous amount of power in terms of detaining suspects, searching property, and making arrests. While the majority of law enforcement officers perform these tasks lawfully, there are situations in which abuses occur. The Federal Bureau of Investigations (FBI) refer to these abuses as color of law violations and report the following as the most common types of violations that occur:

• Illegal search and seizure: You may be searched, and your property may be seized if they suspect a crime, but there must be proper cause.

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Whether you are starting a new business or expanding an existing business, you may need to enter into a commercial lease if you do not own the property where your business is located. Unlike residential leases, commercial leases are often lengthy and detailed. They also tend to have provisions which are usually more beneficial to the landlord and not the commercial tenant. This is why it is important to have a Stamford real estate attorney look over any commercial lease you are considering renting before you sign anything.

Right to Certain Protective Terms

Many of the basic protections that Connecticut law provides to residential tenants do not carry over to commercial tenants. Where some terms are common to residential leases, commercial leases may not contain them at all. For instance, the lease should provide that the tenant has exclusive use of the property, free from any interference by the landlord. Likewise, if the commercial property becomes unfit for the purpose for which the tenant leased it, they may no longer be subject to the remainder of the lease terms.

Additionally, there are certain provisions that are essential in order for a commercial lease to be truly fair to both parties. For instance, there should be a provision about who is responsible for attorneys’ fees and other court costs if the parties must litigate a dispute about the lease. The landlord’s right to terminate the lease should be clearly defined and should give the tenant adequate notice. Similarly, the tenant should have the right to terminate the lease early, at least in some situations.

When facing any type of criminal charges, your immediate concern is likely to be avoiding arrest or potential jail time and minimizing the amount in court costs and fines you may have to pay. While these are vital issues in any criminal defense, it is also important to consider the future impact your charges and conviction could have on other areas of your life. A criminal conviction could pose issues in seeking employment in certain areas of profession, qualifying for student loans, and even obtaining housing. This is one of the reasons why it is so important to have an experienced Connecticut criminal defense attorney advocating for you.

Potential Impacts of a Criminal Conviction

Some people believe that only serious criminal convictions (such as rape, murder, or other violent crimes) have a detrimental effect on a person’s future. The truth is, however, that even misdemeanor charges can impact your personal and your professional life. For example, if you are convicted of DUI and have your license suspended, you may not be able to get back and forth to work and that could have a very real impact on your employment.

Other ways a conviction can impact your future includes:

It is that time of year again, where people will begin the sometimes-arduous process of gathering up all of their financial records from 2021 in order to file their taxes by the dreaded April 15th deadline. While some taxpayers are lucky enough to file their taxes and get a refund, many others are not as fortunate and end up owing Uncle Sam money. While it may be tempting to try to skirt around the tax laws in order to minimize what you owe – or increase the size of your refund – doing so could leave you one day finding a notice in your mailbox from the Internal Revenue Service (IRS)

That notice could mean an audit or investigation has been opened in your case, or they may simply be requesting some further information. Whatever the reason for the notice, the prospect of tax fraud charges is a frightening one, with the potential for serious criminal penalties as well as fines and seizures or liens on property. If you have been notified of an investigation being conducted by the IRS, you should contact a Stamford, CT defense attorney immediately.  

Tax Fraud the IRS Is Looking For

If you are self-employed, own your own business, or are in a high tax bracket, there are a number of actions you can take throughout the year to help reduce your tax burden. Unfortunately, not all of these are legal and among the ones that are, they can easily be abused. The IRS is always on the alert for certain types of fraud, and while it may take several months or even years, they will eventually launch an investigation. If you have received a notice about your previously filed taxes, it may be due to one of the following issues:

In the state of Connecticut, a driver is considered legally drunk if they are operating their vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. If the driver is operating under a commercial driver’s license at the time of the arrest, the BAC level is 0.04 percent. If the driver is under the age of 21, the BAC level is 0.02 percent.

Under the state’s driving under the influence laws, even a first-time offender will lose their driving privileges. Subsequent offenders face longer periods of revocation and may even be sentenced to jail.

However, it is important to understand that a DUI conviction has even further-reaching effects and can have a significant impact on the person’s personal and professional life. The following are just some of the ways a conviction can wreak havoc on your future.