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CT defense lawyerCyber crimes are relatively new, given that they obviously did not exist before the advent of the technology to commit them. However, just because computer technology is ever changing and evolving does not mean that they can be used to commit crimes with impunity. Cyberbullying, cyberstalking and cyberharassment are all very real crimes that one can be charged within Connecticut, and if you are facing these charges, it takes an experienced attorney to know how to handle them appropriately.

Cyberbullying

While one thinks of ‘bullying’ as restricted to students, in reality, it can occur between any two or more people, of any age. Connecticut law criminalizes communicating with a person, in any form, “with intent to harass, annoy or alarm [them],” making it a Class C misdemeanor. This may not seem like a sufficiently harsh measure for the amount of grief that bullying behavior can cause, but it does carry a maximum of three months in prison, plus a $500 fine, which is more stringent than many misdemeanors.

Bullying and stalking are differentiated under Connecticut law by the emotion they are said to cause. Bullying does not necessarily cause fear - it may cause annoyance, anger, depression, and the like, but if an action rises to the level where a victim fears for their safety, it is more likely to be classed as an act of stalking than mere bullying. This is not precisely in line with the colloquial definition of those two words, but legally, the line must be drawn somewhere, and the legislature has chosen to put it there.

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CT defense lawyerWhen an individual is charged with a crime, there are other questions to ask beyond guilt or innocence, particularly if that individual is not a U.S. citizen. Criminal cases that can make a difference in a person’s immigration status are referred to as ‘crimmigration’ cases, and if you have been arrested and charged with a crime that could get you deported, you need both an immigration attorney and a criminal attorney who understands the possibilities and the dangers involved in this type of case.

Crimes of Moral Turpitude and Aggravated Felonies

Immigration law has its own classification for crimes, which can sometimes be almost totally divorced from the standard criminal law classification. If you are convicted of a crime, it is important to ensure that the crime is not contained in either one of two categories: crimes of moral turpitude (CIMTs) or aggravated felonies (AFs). A CIMT has no specific definition in U.S. immigration law, but it has been defined in various cases as an action that shocks the public conscience or is otherwise so “inherently base, vile or depraved” that it must necessarily show the person has bad moral character.

An aggravated felony is even less well defined - the Immigration & Nationality Act (INA) merely lists several crimes that can be considered AFs, though many of them would, confusingly, be misdemeanors under state law. As a result of these misleading classifications, many criminal defendants will often plead to what they think is a lesser charge, when in reality, it may have the same or even worse immigration consequences than the crime they were originally charged with.

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CT defense lawyerUnderage drinking is a problem in the United States. It is easy for young people to glamorize the practice, but in reality, it can lead to legal trouble, injuries, and even deaths, especially among the type of young person who fancies themselves immortal. Because of this, Connecticut has passed what it calls the Social Host Law. Under the law, parents can be held liable for episodes of underage drinking that occur in their house. Yet many parents remain unaware of this until it is too late.

Two Categories

A social hosting offense can either be a misdemeanor or a felony, depending on the parents’ role in the events in question. If the parents were present and knowingly, actively provided alcohol to minors, they will generally be charged with a Class E felony - the relevant statute bars anyone from “sell[ing], ship[ping], deliver[ing] or giv[ing]” alcohol to a minor, and a guilty verdict will mean a fine of up to $3,500 and a term of imprisonment of up to 18 months. While a first offense may yield a lesser sentence, banking on this possibility is an extremely bad idea.

By comparison, parents whose house is used for underage drinking with their knowledge (or it is found that they should have known), and/or failing to try to either stop the use of alcohol or break up the party altogether, will be charged with a Class A misdemeanor, which can carry up to a year in jail as a sentence, even for a first offense. Even more serious consequences can be forthcoming if children under age 16 were present during an underage drinking situation. Many times, people think that a misdemeanor is somehow not a serious offense, and with a social hosting case, this is just not accurate.

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CT defense lawyerIn this country, a person is innocent of a crime until they are proven guilty, and they are entitled to a chance to defend themselves from charges. Defendants have rights, and if you have been charged with a crime, you need a Connecticut criminal defense attorney who will fight to protect yours.

Even Innocent People May Need Attorneys

In today’s United States, the criminal justice system can be an intimidating place, especially if you are innocent of the crime you have been charged with. While it is rare to find yourself faced with outright malice from police or prosecutors, it is sadly not uncommon to find an error on their part, which can sometimes put an innocent person in the proverbial crosshairs. Extreme examples have put innocent people behind bars - though none have occurred in Connecticut, there have been hundreds of exonerations of innocent people wrongfully convicted in 37 states since the 1970s.

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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?

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