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Recent Blog Posts
Damaging Property While Driving under the Influence
Accidents do not always have to involve other vehicles. An accident can happen with an entirely stationary object, such as a street sign, mailbox or even a tree. Property damage happens for a variety of reasons. Most of the time, the property needs to be replaced or repaired by the person at fault, and any additional consequences are minimal. However, if the incident happened because the driver of the vehicle was driving under the influence of alcohol or drugs, the repercussions are more severe.
When Cause Matters
DUI consequences are harsh, carrying a life-long impact. However, with the inclusion of property damages or personal injuries the penalties can double in severity. Additionally, the cause of the property damage carries variable outcomes. If the incident was avoidable if behavior had been different, the penalty is higher. Let us explore the variances of property damage.
Crime or Hate Crime?
The term “hate crime” seems to be rearing itself more often in news stories today. From social media to mainstream television stories, this term is being thrown about, often with disregard to the full legal definition. Although there are individuals who appear to reject the idea, the United States as a whole is embracing the idea of diversity. After all, the country is a “melting pot” of the world, where people from all walks of life are invited to join our great nation. However, with such a wide variation, it is becoming increasingly difficult to determine whether a crime is a crime of convenience or a hate crime.
Constitution of a Hate Crime
If proof beyond a reasonable doubt exists that a violent act or other criminal activity occurred due to the violence or bigotry of an individual, a lesser crime may escalate to a higher charge. Stronger punishments await those charged for violent discrimination against any person for any protected characteristics, including:
Bullying Accusations
“They were mean to me!” Most parents have heard this or a similar complaint from their child. In previous generations, children were often left to learn from the experience by handling it themselves. If the methodology chosen was incorrect, our parents were sure to let us know about it as soon as we got home. In the present day, there is a national outcry for the school system to step in and protect children. Although school should have some responsibility to ensure the safety of the child, there is a point where the bully becomes a victim.
What Constitutes Bullying?
Stereotypically, the bully is the child that dominates their classmates, taking their lunch money and locking them in lockers. Bullying comes in all forms, including verbal, emotional and physical. The term has expanded to encompass a broad range of behaviors, which, by law, each school district is to define independently. However, legislation exists at the state and federal level to combat violence and harassment in the education system. The law dictates that bullying is:
DUI With a Child Present
Many children are similar to sponges in that they absorb everything around them. Have you noticed that your child repeats your language or behavior? This repetition is thought to be practicing behavior for children. They practice forming sentences or saying new words by verbally repeating your words. In the same way, they repeat behavior they see, such as exercising or spending time on electronics. Due to this and because children do not have a significant amount of leverage with the behavior of their parents, crimes such as DUI/OUI when children are present are punished more severely.
Risk of Injuries
When a child is under the age of 18, they are in the direct care of a parent or other guardian. It is the responsibility of that adult to ensure the safety of the child in question. The law specifically requires children under the age of 16 to be guarded safely, and anyone who violates this statute is subject to legal repercussions. Among other situations, the law explicitly states that it is illegal to:
The Criminalization of Self Defense
As children, many of us were taught not to hit others, but if they hit us first, it was okay to defend yourself. Although that method works for small children, once they reach the pre-teen years, perhaps we should be a bit more elaborate. After all, the law states that only under certain, pre-defined circumstances is it okay for you to use violence as a form of defense. In many violent crime situations, it is entirely possible that the scenario can reverse in court, and the victim can quickly become the aggressor.
The Scenario
Although the potential to be criminalized for defensive action can occur with almost any circumstance, for the brevity of this post, only one situation will be discussed. What if someone is breaking into your home through the window to your child’s room and protecting your kids asleep in bed, you shoot the intruder as they are crossing the threshold of the windowsill? What if the criminal dies as a direct consequence of their injuries sustained? If their family is distraught over their lost family member, they may obtain legal counsel and bring forth charges against you as the homeowner for murdering this person. You did not seek out to break any laws; you just were defending your family.
What Rights Are at Risk When You Are Charged with a Felony?
Being accused of any crime is a sobering experience. Whether you are innocent, were in the company of an offender at the time they committed a crime, or made a poor choice that led you to an arrest, being faced with criminal charges of any kind is an unnerving, stressful experience. Along with imprisonment, some criminal charges can affect your most basic rights. Felony charges, in particular, can have a significant impact on your rights as a citizen.
What Crimes Are Considered Felonies?
Connecticut law defines a felony as an offense for which a person can be sentenced to a term of imprisonment in excess for one year. Felonies are broken down into classifications, ranging from Class A to D, unclassified, and capital. Aggravated assault, battery, robbery, theft, vandalism, and driving under the influence of alcohol or other drugs are all deemed felonies. These types of crimes typically involve some kind of serious physical threat or harm to a victim, and are considered one of the most serious criminal charges.
Preventing Juvenile Bullying: What You Can Do to Help Protect Your Teen's Record
Hearing that your teen is involved in any bullying incident is alarming enough; no parent wants to see one of their biggest fears come to fruition. What about when your teen is not on the receiving end of the incident, though? What happens when the young person in your life is the one being accused of the bullying behavior? Where can you turn, what can you do, and how can you prevent the incident from happening again?
Stay Alert to the Warning Signs
Many parents feel helpless when their child is accused of bullying, but the truth is parents do have some power when it comes to prevention and damage control. While you cannot prevent all poor choices your teen may decide to make, you can help prevent some of them by watching for signs that they might be partaking in harmful bullying activities.
For example, if you observe your teen exhibiting aggressive behavior at home, around friends, or in public--whether physical or verbal in nature--there is a good chance they may be exerting that attitude on others, on a wider scale. Stay alert to actions such as name-calling, spreading rumors about others, inappropriate sexual comments, or plans to deliberately exclude others. These are all warning signs that your teen is the victimizer, not the victim.
The Varying Degrees of Assault Charges
Being accused of any crime is an unnerving experience; criminal charges have the power to severely alter your present circumstances and your entire future, potentially affecting everything from your employment options to your educational choices. Assault charges in particular are especially damaging, as they are often the most serious and carry with them the most devastating consequences. There are some important things to consider when discussing the crime of assault.
“Assault” is a Broad Term
Assault crimes and charges can vary greatly. The law uses the term “assault” to refer to the carrying out of physical, bodily harm on someone else, or a presented threat to carry out such harm. Threats to hurt someone, being involved in a public disturbance, domestic violence, a breach of peace, and other types of disorderly conduct that involve the harm of another human being are all considered forms of assault. In general, less serious assault charges are categorized as third-degree. They are typically the lowest level of assault charges, while first-degree charges are the most serious. The severity of the injury and whether or not a weapon was used are just a few factors that determine the level of assault charge.
Juvenile Crimes: Delinquency Prevention Efforts and Why They Are So Important
For a variety of reasons, young people are, sadly, the culprits of countless crimes—theft and property crimes, in particular. Such behavior is typically indicative of a much larger problem. Youths who commit crimes are often emotionally and mentally troubled, or they have simply surrounded themselves with negative influences who have paved the way for their poor choices. Most youth-driven crimes are usually minor, but what may be considered a small theft or abuse of property can be the beginning of a pattern early on that later becomes a much more serious problem.
Delinquent Acts Versus Adult Crimes
Juvenile crimes are like any other crimes; they include everything from burglary, larceny, and motor vehicle theft to shoplifting and assault. One of the distinctions is that when a juvenile commits an offense that is considered by law to be an “adult” crime, the juvenile is deemed a delinquent--essentially a young criminal. This means they are prosecuted for delinquent acts, not crimes, with the exception of serious delinquent acts, which can, depending on the circumstances, be tried in court as adult crimes.
Three Things You Need to Know About Refusing to Submit to a Breathalyzer Test
One of the most prevalent questions drivers arrested for the suspicion of operating under the influence tend to have is whether or not they are permitted to refuse the breathalyzer test upon arrest. The answer to this question is generally straightforward. According to the law in the state of Connecticut, you are within your rights to refuse to submit to a breathalyzer test if you are pulled over for the suspicion of drinking and driving. However, there are consequences you need to be aware of should you decide to refuse the test.
1. Your Driver’s License Is Automatically Suspended
One of the first consequences you will face when you are found to be operating under the influence is the suspension of your license. The Department of Motor Vehicles (DMV) has the authority to suspend your driving privileges if you fail or refuse a breathalyzer test or other form of chemical testing. As a first time offender, you will lose your license for six months for failing a test if you are over the age of 21, or for 12 months if you are between the ages of 18 and 20. Younger first time offenders who are 16 or 17 years of age will lose their license for 18 months.
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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