Posted on August 07,2014 in Parental Liability

Everyone knows minors under 21 years old who are found to possess alcohol can face criminal penalties, but many people are not aware parents and other adults can also face criminal penalties for permitting underage drinking on their property. The so-called Connecticut “Social Host Law” was first enacted in 2006 and strengthened in 2012, providing fewer loopholes and stricter penalties.

The law that was amended, Section 30-89a of the Connecticut Statutes, prohibits anyone owning or controlling a residence or other private property from knowingly, recklessly, or with criminal negligence, permitting a minor to possess alcohol at the residence or other private property. Those individuals are also required by the law to make reasonable efforts to stop the possession of alcohol by a minor. A person who violates the Social Host Law can be found guilty of a class A misdemeanor, for which the penalties are up to a year in prison and/or a fine of up to $2,000.

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 Posted on July 30,2014 in Criminal Defense

The summer of 2014 has seen a rash of cases involving parents or caregivers leaving children in hot cars. According to the Connecticut State Police, last year there were 44 vehicle heat-related deaths of children in the U.S., and more than 500 such deaths across the country since 1998.  As of early July, 15 children have died in hot cars across the U.S. This includes cases of children playing in unlocked cars or trunks as well as parents or caregivers leaving children unattended inside a closed vehicle. One of the most troubling aspects of this problem is that these deaths are completely preventable.

During the hot summer months, the temperature in a closed vehicle can reach triple digits—and levels that can cause serious injury or even death—in a matter of minutes. High humidity levels can cut that time in half.

According to WTNH, leaving a child unsupervised in a hot car can lead to criminal charges for the responsible person, which will be determined by the police after conducting an investigation. If the child is not injured and there is no danger of injury or risk to the child’s health, the charge would likely be the charge of Leaving a Child Unsupervised in a Motor Vehicle, which is a misdemeanor.  If the child has become lethargic or the child’s health is in danger, the child is injured and the charge will likely be Risk of Injury to a Minor, a felony. If a person purposely locks a child in a hot car to die, the charge will be murder, which is a felony.

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 Posted on July 25,2014 in Criminal Defense

Indeed heroin, as well as many other illicit substances, have been presenting a challenge to law enforcement officials--as well as the victims of addiction--for longer than the “War on Drugs” has existed. Drug abuse can cause a whole host of problems extending to every facet of life--in addition to hiring a criminal defense attorney and dealing with court, the emotional and psychological toll an addiction can cause on yourself and loved ones  is catastrophic, especially if the end result is a fatal overdose.

The drug overdose statistics in Connecticut certainly seems to be illustrating this as more and more the reality for an increasing number of people. A study beginning January 2nd of this year 2014 and concluding on June 17th found a total of 151 opioid related overdose cases, which is more than half of all cases seen in all of last year.

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 Posted on July 17,2014 in Criminal Defense

Generally, if a person is arrested, the police can search the person’s body and immediate surroundings without first getting a warrant. But according to The Hartford Courant, the U.S. Supreme Court has unanimously ruled that police officers may not search an arrested person’s cell phone without first obtaining a warrant. The difference, the Court said, is that modern cell phones contain such a vast amount of data that they deserve greater protection than other items such as wallets, purses, and address books. The Court noted that there are exceptions for some emergency situations when a warrantless cell phone search is permitted.

The Court’s ruling recognizes the fact that 90 percent of Americans have cell phones, which have become a part of the fabric of daily life. Today’s cell phones contain a digital record of just about every aspect of our lives. Having a cell phone means having a camera, video player, Rolodex, calendar, tape recorder, library, diary, album, television, map, and newspaper all rolled up into one.

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 Posted on July 08,2014 in Driving Under the Influence

We all know that it is both dangerous and illegal to drink and drive, and we educate our children about the potential consequences of doing so. Consuming alcohol before age 21 is considered underage drinking in the United States. However, there are statutes in Connecticut that apply specifically to those who are caught driving under the influence before their 21st birthday.

Unfortunately, mistakes and poor judgement are part of being young. Below are several facts about DUI law in Connecticut that you need to know if your child is charged with a DUI.

Connecticut has a three part law relating to DUIs.

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 Posted on June 30,2014 in Criminal Defense

If you are a truck driver, you know all too well that there are very specific rules and regulations that you need to follow in order to remain licensed. Some of the regulations that must be observed pertain to the weight of your load, the accuracy of your logbook, equipment, traffic rules, and keeping your license in good standing. If you have been charged with a trucking violation, you need legal advice immediately.

Some of the things that you can get ticketed for include:

• Overweight – there are regulations for total weight of the haul as well as per axle;
• Weighing stations – you must stop at each weight station as appropriate;
• Equipment – you must have good tires, lights, mud flaps, etc. and they must be in good condition;

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 Posted on June 27,2014 in Juvenile Crimes

As a parent, finding out that your child has been arrested can be extremely stressful. If this happens in your family it is important to understand the juvenile judicial process.

In Connecticut, a juvenile is considered delinquent if he or she is under the age of 18 when breaking, or attempting to break, the law. The law can be a state, federal, county, or municipal law. In many cases, the same statutes apply to both adults and juveniles. However, the procedure by which adult and juvenile cases are handled is often different.

The first point of contact in most cases is with a police officer. Depending on the alleged offense, the officer has the discretion to decide how he or she will handle the minor child. The officer can decide to:

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 Posted on June 16,2014 in Driving Under the Influence

Criminal penalties for a second or third DUI conviction in Connecticut are serious: they can include prison terms, fines, and license suspensions. A second DUI arrest carries specific requirements for driving with an ignition interlock device if you wish to retain your driving privileges. If you have been charged with a second or third DUI, contact a criminal defense attorney as soon as possible so that your rights are represented in court.

A second time offender is required to drive with an interlock device for three years. During the first year, the individual can only drive to school, work, an interlock service center, or an alcohol or drug abuse treatment facility. A second or subsequent offense requires the offender to submit to a drug or alcohol abuse assessment program and may be mandated by the court to attend a treatment program.

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 Posted on June 06,2014 in Criminal Defense

Connecticut legislators are looking to make the knockout game an official crime statewide. The “game” refers to a situation in which a victim is hit over the head without any provocation, the goal of which is for the victim to lose consciousness. If passed, the bill would treat accused individuals in a manner similar to those facing assault charges.

The legislation would institute the crime as a Class D felony and a mandatory minimum two-year sentences. Those aged 16 and 17 would be transferred to the adult system if accused of participating. While the attacks are rare, legislators believe that stipulating this as a crime will help to cut down on the racial overtones that have played out in past attacks.

Some representatives are opposed to law, arguing that there are not enough details that 16 or 17 year olds are engaged in the game in Connecticut and that the act simply does not happen enough to warrant statewide handling of the situation. Law enforcement agencies vary with regard to their reporting, so it’s difficult to get accurate data about how many victims have suffered.

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 Posted on May 31,2014 in Driving Under the Influence

If you are pulled over and accused of DUI in Connecticut, you should know the state’s implied consent law. The law mandates that you consent to a urine, blood, or breath test if you have been arrested for a DUI. If the officer arresting you has probable cause, then you give your consent to having this test done.

The officer chooses which test is to be done, but it must be given within two hours of when you were actually driving a vehicle. Without penalty, you can refuse the blood test if you wish, meaning that the officer can choose from one of the remaining test. The officer must also inform you of your constitutional rights when you are arrested and explain that your license may be suspended if you refuse to take a test.

If you refuse to take the test, that information can be used against you in court. An officer doesn’t have the responsibility to explain that you can contact your attorney prior to taking a test, which you might want to consider doing so that you are aware of all your rights at that time.

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