Blog

Se Habla Español

Call Today for a Free Consultation

203-348-5846

24 Hoyt Street, Stamford, CT 06905

Recent blog posts

Posted on in Sex Crimes

CT defense lawyerNot every rape allegation is true. But every rape allegation is taken seriously, which is why you need an experienced defense attorney if you are charged with committing rape. The following includes nine things you need to know when facing rape charges in Connecticut:

  • It is rape if you force someone to have sex with you. Both parties must willingly consent in order for sex to be consensual. Consent is always a defense to a rape charge (and to other sexual assault charges);
  • It is called forcible rape if the offender uses a weapon or threatens to use a weapon;
  • Rape is a felony offense punishable by at least 10 years in prison. Offenders face an even longer prison sentence if the victim is under 16 years old. An experienced attorney can explain the potential consequences of the crime you have been charged with;
  • The age of consent in Connecticut is 16 years old. This means that anyone younger than 16 is not legally capable of consenting to sexual relations. You can be charged with statutory rape for having sex with someone who is not old enough to consent under state law. However, the criminality of the offense also depends on how old the alleged perpetrator is;
  • It is illegal to have sex with anyone who is mentally incapable of consenting (because of mental disability, disease or intoxication);
  • It can be rape even if the two parties are married. Spouses cannot force their partners to have sex with them. Consent is required no matter the relationship between the parties;
  • Unfortunately, a rape prosecution often turns into a “she said, he said” routine. It is difficult to prove or disprove rape charges when it is one person’s word against the other. The defense can use communications between the alleged victim and perpetrator (like text messages) to prove consent. Both communications before and after the alleged rape can be relevant. Other useful evidence includes DNA and witness statements;
  • Evidence can be excluded from trial if it is not gathered properly. This could help or hurt your defense, depending on what the particular evidence is. Similarly, the charges against you could be dropped entirely if your rights were violated during the arrest or if the evidence is somehow tainted. An experienced attorney can help protect your legal rights; and
  • A rape conviction can affect your future job prospects and your community life. Most likely you will have to list any felony convictions on job applications and you will be publicly registered as a sex offender.

Let Us Help You with Your Case

Please contact the experienced dedicated Stamford rape defense attorneys at the Law Offices of Daniel P. Weiner today if you are charged with committing rape. This is a very serious charge, and you need an experienced to assist you with your case.

...

Posted on in Violent Crimes

CT defense lawyerWhen you think of the legal consequences of car accidents, you probably focus on civil lawsuits like personal injury and wrongful death cases. But depending on the circumstances, the person responsible for the accident might also face criminal charges.

A common example is negligent homicide with a motor vehicle.

What Is Negligent Homicide with a Motor Vehicle?

...

Posted on in Drug Charges

CT defense lawyerTo be convicted of illegal drug possession, the state must prove beyond a reasonable doubt that:

  • You possessed the drugs;
  • What you possessed is actually an illegal drug; and
  • You were aware of the possession.

There are two ways you can get in trouble for illegal drug possession in Connecticut. The first is if you actually possess the drugs, and the other is if you constructively possess the drugs.

What Is Actual Drug Possession?

...

CT DUI lawyerIt is illegal to operate a motor vehicle in Connecticut when your blood alcohol content (BAC) is .08 percent or higher. (If you are an underage driver, it is illegal to operate a motor vehicle when your BAC is 0.02 percent or higher).

Under Connecticut’s implied consent law, it is presumed that all drivers have consented to taking a chemical test to determine BAC.

There are three different methods police use to determine a driver’s BAC: breath, blood or urine. Breath tests (using a breathalyzer) are the most common method, but it is up to the arresting police officer to make that call.

...

Posted on in Violent Crimes

CT defense lawyerBullying is a serious issue in Connecticut schools. Between 2011-2013, one in six students reported being bullied online, and one in five reported being bullied at school.

Connecticut does not tolerate bullying in schools. Children accused of bullying may face school disciplinary proceedings and, in some cases, criminal charges. Here are a few frequently asked questions about what Connecticut considers bullying and the resulting consequences.

Q: What behaviors are considered bullying in Connecticut schools?

...

Posted on in Theft and Property Crimes

CT defense lawyerIn July 2018, Stamford police received reports of two stolen cars in the Ridges neighborhood (the calls were two hours apart). Police apprehended the suspect driving the second car and charged him with reckless driving, driving without a license, and first-degree larceny, among other offenses.

What Is Larceny?

Larceny is a type of property crime. Under Connecticut law, a person commits larceny when “he wrongfully takes, obtains or withholds” property from its owner. The accused must have “intent to deprive another of property or to appropriate the same to himself or a third person.”

...

Posted on in Criminal Defense

CT defense lawyerUnder most circumstances, the federal Constitution guarantees criminal defendants a trial by jury. Whether this right applies in your case depends on the severity of the offense. Specifically, the U.S. Supreme Court has said that the crime must carry a penalty of more than six months’ imprisonment).

Connecticut also guarantees criminal defendants a jury trial. The right only exists when the maximum penalty is at least a $200 fine. If the offense involves violations payable through the Centralized Infractions Bureau (a traffic violation) then the maximum penalty must be more than $500. Unless the law says otherwise, the jury will consist of six people.

Can I Waive My Right to a Jury Trial?

...

CT defense lawyerDistracted driving is one of the leading causes of car crashes in the United States. It results in thousands of deaths every year, and hundreds of thousands of injuries, according to the federal Centers for Disease Control and Prevention.

Distracted driving takes many forms. Basically, any activity that takes the driver’s eyes off the road or hands off the wheel, or keeps him from concentrating, is a distraction.

For example, distracted driving might be a driver who takes his hands off the wheel to juggle a sandwich or other meal. It might be a driver who is trying to do her makeup because she is running late for work. It might be a driver who is trying to referee an argument between her kids in the backseat. But commonly, it is a driver who is talking on his phone, responding to a text message or otherwise using a handheld cell phone.

...

CT defense lawyerOpioid abuse is a serious problem in the United States. And the problem is only getting worse -- especially in Connecticut. Opioids are a class of drugs that include heroin, oxycodone, and morphine. While prescription opioid painkillers are safe when used for a short period of time, regular use can lead to addiction, overdose and sometimes death, according to the National Institute on Drug Abuse (NIDA).

Connecticut currently ranks in the top ten states for opioid-related overdose deaths, according to NIDA. The number of deaths increased dramatically between 2012 and 2016, rising from 5.7 deaths per 100,000 people to 24.5 deaths per 100,000 people. That is well above the national average of 13.3 deaths per 100,000 people.

Thankfully, the state is taking steps to address this growing epidemic.

...

CT defense lawyerWe hear stories about credit card breaches all the time. That’s why more than two-thirds of consumers are concerned about fraud. You should also be concerned if you are charged with committing a credit card crime, because these are serious offenses in Connecticut. Here are two examples:

  • Credit card theft and fraud. Anyone who takes another person’s credit card without their consent with the intent to use or sell it is guilty of credit card theft. Offenders can spend up to five years in jail and pay a $5,000 fine. Anyone who obtains a credit card as security for debt with the intent to defraud is also subject to these penalties; and
  • Illegal use of credit card. Anyone who uses a credit card knowing it is forged, expired, or revoked, or who pretends to be the holder of a credit card that hasn’t actually been issued, is guilty of illegal use of a credit card. This is a misdemeanor if the value of goods obtained with the card doesn’t exceed $500. Offenders can spend up to five years in jail and pay a $5,000 fine.

The difference between credit card theft and illegal use of a credit card is that the first punishes people who illegally obtain credit cards, and the other punishes people who illegally use credit cards.

Contact an experienced criminal defense attorney if you’re arrested for these offenses or any type of credit card-related crime.

...

Posted on in Sex Crimes

CT defense lawyerSex crimes are some of the most serious offenses in Connecticut. In addition to criminal penalties like jail time, convicted sex offenders may be put on the state’s sex offender registry -- public information that can affect your ability to get a job. Even being accused of a sex crime can negatively affect your life.

What Is Considered a Sex Crime in Connecticut?

There are various sexual acts that are considered criminal offenses. Sex crimes in Connecticut include:

...

CT defense lawyerTraffic violations - like driving under the influence (DUI), speeding, and reckless driving - have consequences, including the possibility of temporarily losing your driver’s license. Reasons that the Connecticut Department of Motor Vehicles (DMV) might suspend your driver’s license include:

  • Accumulating more than 10 points during a two-year period. For example, driving while impaired is worth three points, passing a stopped school bus is worth four points, and not obeying a stop sign is worth two points.
  • Driving while drunk or refusing to submit to a breathalyzer test.
  • Failing to appear in court after receiving a traffic summons for violating a traffic law.
  • Committing vehicular manslaughter, homicide or another serious crime.

These are only some of the reasons you might lose your driving privileges. (There are also additional reasons for suspending a teen driver’s license.) Do not delay in reaching out to an experienced attorney after receiving a traffic citation. We can help fight to keep your driving privileges intact.

Suspension Notice

...

Posted on in Juvenile Crimes

CT defense lawyerAdults can be charged with driving under the influence when their blood alcohol content (BAC) is .08 percent or higher. But underage drivers (any driver under 21 years old) can be charged when their BAC is .02 percent. Connecticut has zero tolerance for underage drinking and driving, which means that any alcohol in your system or on your breath is grounds for arrest. That does not leave underage drivers with any wiggle room. The moral of the story for underage drivers is, do not get behind the wheel after having any alcohol.

The Consequences of Underage Drinking and Driving

Driving under the influence is a criminal offense in Connecticut, whether you are an adult or underage. Underage first offenders are subject to the following consequences:

...

CT defense attorneyThe criminal justice system treats youth offenders differently than it treats adult offenders. The general rule in Connecticut is that children under 16 years old cannot be held criminally responsible for their actions. However, there are certain exceptions to that rule.

Either way, it can be frightening and confusing if your child is arrested. Our experienced juvenile defense attorneys can explain your legal options and answer any and all questions about the criminal justice process. In fact, here are answers to a few questions that parents frequently ask when their children get in trouble with the law:

Q: When can juveniles be tried as adults in Connecticut?

...

CT defense lawyerNorwalk police recently arrested a 35-year-old man in possession of 4,700 bags of heroin, cocaine, and $50,000 in cash. He is being held on a $2 million bond. The man was the subject of an extensive investigation into heroin sales in Norwalk.

Bond vs. Bail

Most people who are charged with committing a crime may be able to post bail or obtain a bond to get out of jail while they are awaiting trial. The terms “bond” and “bail” are often used interchangeably, but they actually have slightly different meanings.

...

CT defense attorneyIn 1966, the U.S. Supreme Court decided a case called Miranda v. Arizona (which actually represented four consolidated cases). The decision affirmed that criminal suspects in police custody have a constitutional right to an attorney and a right against self-incrimination. If a defendant is not informed of those rights, then any statements the defendant makes to police will not be admissible in court. Here’s a rundown of what happened in those four cases:

Case 1: Arizona police arrested Miranda at his home, and a witness identified him at the police station. He signed a written confession after being interrogated for two hours. That confession was used as evidence at trial, where a jury found Miranda guilty of kidnapping and rape.

Case 2: New York police detained a man named Vignera in connection with a dress shop robbery. While in police custody, Vignera orally confessed to the robbery and was then placed under formal arrest. He was later questioned by an assistant district attorney while a hearing reporter transcribed the questions and answers. Both the oral confession and the transcript were used as evidence at trial. The jury found him guilty of first-degree robbery.

...

CT defense attorneyIt is illegal to drive recklessly in Connecticut. Reckless driving “requires a conscious choice of action either with knowledge of the serious danger to others involved in it or with knowledge of facts which would disclose this danger to a reasonable” person.

While speeding and driving under the influence might not by themselves constitute reckless driving, they can contribute to a reckless driving charge. However, if the vehicle speed is so fast that it endangers another person’s life, then that alone is considered reckless. Driving faster than 85 miles per hour generally falls into that category. Tailgating (following another car too closely) is another example of reckless driving.

The punishment for reckless driving is:

...

CT defense lawyerConnecticut takes drug possession, possession with intent to sell, and other drug offenses very seriously, which is why you need an experienced defense attorney if you are charged with any drug-related offense.

In fact, a few years ago Connecticut increased the penalties for selling drugs. Here are a few things you need to know about possession with intent to sell:

  • You do not have to be caught in the act of selling drugs to be charged with possession with intent to sell (PWITS). You can also be charged with PWITS if found with large amounts of drugs in your possession and distribution materials like plastic bags with logos on them.
  • First-time offenders convicted of PWITS a hallucinogenic substance (other than marijuana) or a narcotic substance face up to 15 years of jail time and/or a $50,000 fine.
  • Second-time offenders face up to 30 years in prison and/or a $100,000 fine.
  • Each additional offense carries another 30-year term and/or a $250,000 fine.
  • There are different penalties for PWITS marijuana. First-time offenders face up to seven years in prison and/or a $25,000 fine. Each subsequent offense carries up to 15 years in prison and/or a $100,000 fine.
  • There are no mandatory minimum jail sentences, only maximums.

An experienced defense attorney can help fight these charges and achieve the lowest sentence possible. For example, it may help your case if you are participating in a drug rehabilitation program.

...

CT DUI attorneyDrunk driving is a serious problem in Connecticut’s Fairfield County. According to a 2017 study conducted by 24/7 Wall St., more than one in five adults drinks excessively in the Bridgeport-Stamford-Norwalk area. Such drinking habits likely contribute to the fact that more than one-third of the area’s roadway fatalities involve alcohol, which is higher than both the state and national average.

It is illegal to operate a motor vehicle in Connecticut with an elevated blood alcohol content. The limit is 0.08%, except for commercial truck drivers, whose limit is 0.04%. A DUI conviction carries the following types of penalties:

  1. Jail time. First offenders may spend up to six months in jail. Offenders convicted for a second time within a 10-year period face jail time up to two years. A third or subsequent offense means up to three years in prison.

    ...

Posted on in Hate Crimes

Connecticut defense lawyerIn Connecticut as in other states and the nation at large, words or actions that might otherwise constitute a misdemeanor crime rise to the level of a serious felony offense when motivated by bigotry or bias against another person or group’s race, religion, ethnicity, disability, sexual orientation, or gender identity. When such a combination of actions, motivations, and parties are present, the words or acts at issue may be prosecuted as a hate crime. As a serious felony offense, a hate crime is punishable by a lengthy prison sentence and fine of several thousand dollars. If you have been charged with a hate crime in Connecticut, your reputation, personal freedom, and financial standing demand that you counter the charges with effective legal representation.

Intimidation is at the Core of Hate Crimes in Connecticut

The reason Connecticut punishes hate crimes so severely is to deter individuals from harassing perceived members of groups that have been historically disfavored in American society. Through deterrence, vulnerable classes are afforded protection. Specifically, protected status applies to:

...