Posted on August 07, 2017 in Driving Under the Influence

For many families utilizing the school system whether it be at a college or a preschool level, each year is more prominently separated by the academic year and vacation times. While school is in session, there is a schedule to which to adhere, which demands most of the daylight hours during the shorter days. During the summer the days are much longer, and routine has a tendency of being pushed by the wayside. It is also interesting to note that crime levels rise during the months in which students are out of school. One crime that is no exception is driving under the influence (DUI).

The Spike Is Not a Myth

If you obtain your information from individuals on the street, you hear different answers for any topic asked. The same holds true for the spike in crime. According to the annual National Crime Victimization Survey, Criminal charges spike as much as 12 percent during the warmer summer months. According to the National Highway Traffic Safety Administration (NHTSA), the most unsafe month in which to drive on the road is August when it comes to traffic-related fatalities. Consider these statistics:

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 Posted on July 31, 2017 in Driving Under the Influence

Those who are convicted of driving under the influence in Connecticut face serious penalties, including jail time, hefty fines, and the suspension or revocation of their driver’s license.

Convictions can also go on a person’s criminal record, which can have far-reaching consequences, and make it difficult to secure employment or find housing.

To ensure that you receive the best possible defense, you should speak with an experienced Norwalk DUI attorney who may be able to get your charges reduced or even dismissed.

State Law

Connecticut DUI law prohibits a person from driving:

• While under the influence of drugs or alcohol; or
• With an elevated blood alcohol content (BAC).

Whether a person is considered to be driving under the influence depends on a number of factors, including whether his or her ability to drive was affected to an appreciable degree. Under this law, a person can be prosecuted even when there is no direct evidence of intoxication from a BAC test.

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 Posted on July 24, 2017 in Criminal Defense

Late last year, the Connecticut Legislature passed a new bill that substantially changes the state’s previous treatment of carrying a firearm while intoxicated. To learn more about these changes, please contact an experienced criminal defense attorney who can address your questions and concerns.

Current Law

Before the amendments were enacted, someone who was arrested with a blood alcohol content (BAC) level of .10 or higher and who was carrying a loaded firearm could be charged with a misdemeanor. However, since the first of the year, BAC levels have been decreased to align with the traffic laws regarding driving under the influence. This means that residents can now be charged with carrying a firearm while intoxicated if their firearm is loaded and they have a BAC of .08 or higher. For those under the age of 21 years old, the threshold is even lower—just .02. This change was also enacted to bring the law into alignment with traffic laws regarding underage drivers.

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 Posted on July 17, 2017 in Drug Charges

In 2015, the Connecticut Supreme Court issued a 7-0 ruling (that is, a unanimous decision) stating that individuals who were convicted before 2011 for possessing less than one-half ounce of marijuana could have their convictions erased. According to the Supreme Court, this is because Connecticut’s legislature approved a measure in 2011 that changed possession of a small amount of marijuana from a misdemeanor punishable by fines and/or jail time to a violation punishable only by a fine. This had the effect of “decriminalizing” – but not legalizing – possession of small amounts of marijuana. Because of this legislative move, the Connecticut Supreme Court concluded individuals convicted of this offense prior to its decriminalization were entitled to have their prior convictions erased from their criminal records.

This case (State v. Menditto) has implications not only for old possession cases but potentially for other individuals with prior convictions as well.

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 Posted on July 10, 2017 in Hate Crimes

Last month, Connecticut lawmakers passed a bill that makes the state’s hate crime law one of the strongest in the nation. Under the new law, defendants who are convicted of committing a hate crime face up to ten years in prison, $10,000 fine, and extensive community service, so if you or a loved one were recently arrested for a hate crime, it is critical to speak with an experienced Stamford criminal defense attorney who can help you formulate a defense.

Current Law

Under current law, it is a crime to carry out or threaten to carry out any act that is committed with malice and the intent to intimidate or harass a group of people because of their race, religion, ethnicity, disability, sexual orientation, gender identity, or gender expression.

The existing law also provides for three degrees of hate crimes based on the severity of the incident as well whether a serious physical injury was inflicted. First and second degree hate crimes are considered felonies, while third degree offenses, which usually involve property destruction, are treated as Class A misdemeanors. Furthermore, the level of direct economic impact caused by the property damage does not matter in determining whether a person will be prosecuted for this type of act. This means that regardless of whether the damage resulted in $1 of repairs or $1,000, defendants can still be prosecuted. Under the new law, all hate crimes would be considered felonies and the threshold of a first degree hate crime would also be lowered to include those offenses that result in a mere “physical injury.”

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 Posted on June 26, 2017 in Parental Liability

Raising our children correctly is difficult, to say the least. There is no universal blueprint dictating all the right choices and decisions parents should make while raising their children. The reality is that being a parent is fraught with many tough decisions. For example, when our kids grow into their teenage years and start experimenting with alcohol. Most parents understand the danger of alcohol especially when it comes to a minor. But a tough decision must be made, it is nearly impossible to control every decision your teenage child will make, but what can you do to reduce the potential for them to get themselves into trouble?

Supervised Underage Drinking

Many parents when faced with the choice of not knowing what their teens are doing, if they are safe, or even worse, getting behind the wheel after drinking or with someone who has, will consider allowing their teens to drink at home. Parent's believe that at least the teens are supervised, a parent can ensure that no one gets behind the wheel of a car and the peace of mind that comes with knowing where their teenage children are on a weekend night.

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 Posted on June 19, 2017 in Driving Under the Influence

Driving a vehicle while under the influence of either drugs or alcohol is a serious offense that can lead to various criminal charges under Connecticut law. In addition, if a driver causes an accident, and another person dies as a result of the accident, the driver could face even more serious charges. A DUI that ends with the death of another can lead to the driver being charged with vehicular manslaughter or lesser charges such as misconduct with a motor vehicle, negligent homicide with a motor vehicle, and reckless driving. Generally, when someone dies in a DUI accident, the driver will face prison time.

Vehicular Manslaughter in Connecticut

In Connecticut, a driver is guilty of vehicular manslaughter, which is considered second degree manslaughter, if while driving a vehicle under the influence of alcohol or drugs or both, the driver causes the death of another person due to the effect of the alcohol or drugs. Most cases of vehicular manslaughter are considered involuntary. This means that the manslaughter was unintentional. This may seem counter-intuitive because the driver’s drinking may have been intentional, but unintentional in this context is a legal term. It basically means that the driver was driving in a reckless or unintentional manner, for example by speeding or running a red light, leading to the accident.

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 Posted on June 12, 2017 in Violent Crimes

Gun ownership and the laws surrounding it create an ideologically-charged legal landscape that gun owners need to be aware of. This is especially important for people who have been convicted of a felony, which automatically renders them incapable of legally owning a firearm. The law in question is the Connecticut General Statute § 53a-217 , which is titled Criminal Possession of a Firearm, Ammunition, or Electronic Defense Weapon. The statute makes a felon's possession of a firearm a class C felony, which comes with serious consequences like fines and jail time.

Owning a Firearm with a Felony Record

The Connecticut statute makes it a class C felony for a person who was convicted of a felony to own a gun, ammunition, or and “electronic defense weapon.” While the first two items are fairly self-explanatory, an electronic defense weapon has a special definition under the law. They are weapons that send out an electric pulse that immobilizes someone, but cannot kill or seriously injure them. Examples of such weapons include Tasers and stun guns.

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 Posted on June 05, 2017 in Driving Under the Influence

Driving under the influence of any intoxicating substance is against the law in Connecticut. A drugged driving charge will likely include any punishment applicable in the case of a normal DUI penalties — drivers will be charged with driving under the influence. Any prior conviction of DUI, whether the prior charge was for drugs or alcohol, will be considered as a previous offense of DUI and the driver will likely face more severe punishments as such.

While DUI laws pertaining to alcohol prohibit any person from driving if he or she has a blood-alcohol content of .08 or more, there is no threshold standard for the amount of drugs that a person must have in his or her body to be charged with drugged driving. Any amount of drugs in the person’s system means that he or she is eligible to be charged with DUI. Prosecutors need only prove that the driver’s physical or mental processes were at the time affected by the substance and affecting his or her ability to control and operate a vehicle.

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 Posted on May 22, 2017 in Criminal Defense

Facing a criminal allegation can be a terrifying ordeal. There are many moving parts to a criminal case, and it can be daunting for a person who is being charged with a crime to understand everything that is happening. Depending on the circumstances of your case it may be in your best interest to enter into a plea deal. The kind of plea deal and the terms of your plea deal with be ferreted out by a skilled and experienced Stamford, Connecticut, criminal defense attorney.

Types of Plea Deals

Most people consider a plea deal to be a one size fits all type of agreement. However, in Connecticut, more than one kind of plea deal exists. Each type of plea deal has unique characteristics. The types of plea deals available include:

• Guilty - a plea where a defendant admits his or her guilt in the crime alleged.
• Nolo Contendere - a plea that translates to “no contest.” With this kind of plea, the court enters a finding of guilt, but the plea may not be used as an admission in another criminal or civil trial.

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