Posted on March 16,2015 in Drug Charges

Governor Daniel Malloy recently announced his plans to introduce serious changes to the criminal justice system. According to The Register Citizen, Governor Malloy believes Connecticut—and the rest of the United States—has created a justice system that persecutes many unfairly and fails to offer a second chance to those who deserve one.

The proposed measures would involve changes in several key areas including drug crimes. While many are hopeful that the reform will lead to a more effective justice system, criminal offenses are—and will always be—serious matters.

Governor Announces New Goals at College Speech

During a speech at Yale Law School, Governor Malloy made it clear that he and others are noticeably unhappy with the current status of the justice system. He mentioned that certain penalties, such as those that result from nonviolent drug possession charges, are too serious and inhibit the lives of those convicted.

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 Posted on March 09,2015 in Criminal Defense

Lately, there have been numerous news reports of Connecticut teachers being arrested for sex crimes related to inappropriate contact with students. Such arrests can result in felony charges and prison sentences, in addition to having a serious impact on the lives of all those involved.

A high school teacher, who has since resigned, was recently sentenced to two years in prison for having a sexual relationship with one of his students was recently sentenced to two years in prison. He had been charged with one count of second-degree sexual assault, a felony.  Although the student was over 16 years old, which is the age of consent, Connecticut law considers such actions to be second-degree sexual assault if the perpetrator is a teacher and the victim is a student at the school.

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 Posted on March 02,2015 in Sex Crimes

Sexual assault on college campuses occurs with alarming frequency. Among the most critical issues of fact in sexual assault cases is whether the alleged victim consented to the sexual activity. A proposed law would change the legal definition of consent in these cases.

Currently, Connecticut law provides that sexual assault in the first degree occurs when a person compels another to engage in sexual intercourse by the use of force, or the threat of use of force, against that person or a third person. As with any criminal charge, sexual assault must be proven beyond a reasonable doubt for the accused to be found guilty.

Under the proposed law, the consent standard in sexual assault cases that occur on college campuses in Connecticut would become “affirmative consent.” The proposal is modeled after a recently-enacted California law, and provides that affirmative consent means “affirmative, conscious and voluntary agreement to engage in sexual activity.” Failure to protest or resist, and remaining silent, would not constitute affirmative consent.

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 Posted on February 28,2015 in Criminal Defense

If you have been arrested on domestic violence charges, chances are good that you have also had a protective or restraining order issued against you. The courts—and Connecticut lawmakers—take domestic violence charges, protective orders, and restraining orders very seriously, and so should you.

Protective Orders

According to the Connecticut Judicial Branch information on domestic violence, a protective order is an order issued in a criminal case and is issued against a defendant after an arrest for family violence. A criminal protective order remains in effect until the underlying criminal case is completed.

Restraining Orders

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 Posted on February 24,2015 in Criminal Defense

Many people think that drug crime is a problem only in big cities. However, lately the use of heroin and other drugs has been skyrocketing in the suburbs, including affluent communities. Increased drug use brings with it an increase in the number of arrests, hospital visits, and property crimes.

According to a recent article in the Connecticut Post, there has been a threefold increase in opiate addiction cases over the last decade at the Addiction Recovery Center at Greenwich Hospital. In addition, heroin deaths have been recorded by Greenwich Police every year since 2011.

Heroin-related arrests have increased as well. Greenwich Police made twelve heroin seizures in 2013, but the actual number is higher because the presence of heroin was not recorded in several other cases. Drug-related property crimes, including burglaries, items stolen from cars, and even street robberies, have been on the rise. Every year the Greenwich Police see from 80 to 100 residential burglary cases and 20 to 30 business burglary cases. It’s estimated that the vast majority of those cases—up to 95 percent of them—are related to drugs.

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 Posted on February 17,2015 in Sex Crimes

If you have ever seen some of the popular crime shows on television today, there are many shows revolving around the theme of internet predators. In fact, with the popularity of social media, the problem is ever growing as younger adults frequently use the Internet and social media in their everyday lives, raising concerns about the potential for predator crimes.

In the state of Connecticut, online solicitation of a minor is defined as using a computer service that is interactive to coerce a person less than 16 years of age. If you know that the person you are talking to is under 16, and you attempt to entice them into prostitution or sexual acts, you can be charged with a criminal offense.

Solicitation of a minor is a class D felony in the state of Connecticut for the first offense. The second is a class C felony, and the third offense is a class B felony. There significant other a special exception that says if the person is less than 13 years of age, you will be charged with a class B felony that is punishable by no less than a 5 year term of imprisonment for the first offense. Any subsequent offense will be 10 years. These sentences cannot be suspended or reduced by the court.

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 Posted on February 06,2015 in Juvenile Crimes

For juveniles who have been arrested on criminal charges, facing a judge can be an intimidating experience. Appearing before a judge while the juvenile is wearing shackles is considered by some to be too traumatizing for many juveniles and sends them the wrong message.

Two Connecticut lawmakers have introduced bills that would limit the circumstances under which juveniles would be kept in shackles in the courtroom. The legislation would create a presumption that shackles will not be used in the courtroom unless ordered by the court. Existing policy states that juveniles are to be shackled while being transferred from a detention center to the courthouse, but a determination is then made as to whether the shackles stay on in the courtroom based on how the juvenile behaved in detention.

However, there is some disagreement as to whether the policy is followed consistently in all cases. It is reported that in some cases, shackles are not removed from the juvenile unless requested by the juvenile’s attorney. This is an instance where it pays to have an experienced juvenile criminal defense attorney at your side.

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 Posted on January 28,2015 in Assault and Battery

If you have been charged with the crime of assault in Connecticut, the type of charge will determine the potential penalties you will face. Connecticut law delineates three distinct levels of assault, each of which carries separate penalties.

First degree assault is the most severe level you can be charged with. Assault in the first degree is a Class B felony in Connecticut, carrying penalties of up to 20 years in prison—with a mandatory prison of at least five years—and up to $15,000 in fines if convicted. First degree assault is defined as:

• Causing serious physical injury with a deadly weapon or other dangerous item, with the intent to cause serious injury.
• Causing serious permanent disfigurement or destroying or amputating a body part, with the intent to do so.

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 Posted on January 20,2015 in Criminal Defense

Hate crimes are a sad reality for many Americans. Everyday, people face discrimination due to race, sexual orientation, religion, and a number of other factors. Conversely, some people face unfounded accusations of committing hate crimes, and in Connecticut, these crimes can have serious consequences.

Hate crime laws are in place to prevent prejudice and to punish those who unjustifiably discriminate against people. If you have been the victim of a hate crime, or if a person is accusing you of illegal discrimination, it is important to consult an attorney right away.

How the Law Defines Intimidation

According to the State of Connecticut, the first step in defining intimidation is proving one's intent to harm another individual solely on the basis sexual orientation, race, religion, or disability. The victim of the abuse does not need to be of any particular creed, nationality, or gender identity. As long as there is evidence proving the harmful actions resulted from hatred or intent to discriminate, the case can proceed as a crime of intimidation. These laws cover any situation involving direct violence, harassment in any form, and destruction of personal property.

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 Posted on January 12,2015 in Juvenile Crimes

According to a national report, Connecticut is among several states that are trendsetters in matters pertaining to juvenile justice. The report is based on changes to state law that have been enacted during the last decade. This is good news for juvenile offenders who face many risks entering the Connecticut juvenile justice system.

Connecticut, along with Illinois and Mississippi, have increased the age of jurisdiction of juvenile courts to treat older youths as juveniles rather than as adults for purposes of criminal prosecution. As of 2011, 17-year-olds are considered to be juveniles for purposes of criminal law. Before the change, 16- and 17-year-olds were considered to be adults.

Connecticut is also one of ten states that have amended their laws to make it more difficult to transfer juveniles from juvenile court to adult court. The other states are Arizona, Colorado, Delaware, Illinois, Indiana, Nevada, Utah, Virginia, and Washington. Transferring youths to the adult court system is a way for states to treat young offenders as adults for purposes of criminal law.

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