Posted on May 15, 2017 in Criminal Defense

There have been bullies as long as there have been schools. Many states across the nation are passing zero-tolerance policies to try and address the problem of bullying at school. With the dawn of the technological age and explosion of social media, a new style of bullying is emerging with the legal community struggling to keep up.

What Is Cyberbullying?

Cyberbullying, is when an individual uses a computer network to harass another person. Under Connecticut law, it is classified as a Class C misdemeanor if you use an electronic communication to:

• Cause someone or engage in conduct that causes someone to fear for his or her safety or the safety of a third person;
• Engage in an activity or conduct that causes the victim to suffer emotional distress;
• Threaten a victim or their family in a way that causes a reasonable apprehension of immediate or future bodily harm, sexual assault, or illegal confinement; and

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 Posted on May 08, 2017 in Juvenile Crimes

There has been a sweeping legislative wave of criminal law reform taking place all over the nation. Prison populations across the country have exploded to untenable levels, absolutely eviscerating various state budgets and causing entire generations of otherwise productive individuals to become lifelong offenders. This problem is magnified in juvenile criminal law. In 2016, there were 496 juveniles sentenced to an order of detention. Many of those sentenced were sentenced for nonviolent offenses that would be charged with a misdemeanor if they were prosecuted in adult court.

Ending the School to Prison Pipeline

The school to prison pipeline is a phrase used to describe an increasing trend of students being subjected to criminalized discipline and winding up in the criminal justice system before they are even able to finish high school. Advocates of juvenile criminal justice reform have long argued that criminalized discipline is counterproductive to the best interest of our youth. Take for example the Deputy Director of the Connecticut Juvenile Justice Alliance, Lara Herscovitch, who argued, “We feel strongly that far too often arrests are used in place of regular student discipline.”

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 Posted on May 01, 2017 in White Collar Crimes

White collar crime is a broad legal term that encompasses many different areas of criminal law. Generally, there are two major ways of defining what a white-collar crime is:

• Crimes committed by individuals who come from affluent socioeconomic environments, or crimes committed by people who through the nature of their job have been put in positions of financial trust.
• Crimes committed involving an economic offense, often nonviolent, and usually incorporate a theft or fraud.

Are the Penalties for White Collar Crime More Severe?

That is a question for your Norwalk Connecticut white collar defense attorney. The penalty Is nearly entirely dependent on the crime in question. Most penalties carry a large monetary fine because of the nature of a white-collar offense. Types of white collar crimes include but are not limited to:

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 Posted on April 24, 2017 in Drug Charges

The debate over the legalization of marijuana is heating up in Connecticut. Lawmakers on both sides of the aisle argued at a legislative hearing that the legalization of recreational marijuana would effectively dismantle the illegal market for cannabis. Among other things argued, advocates of legalization laid out several benefits including:

• Ending unnecessary arrests of people for possession of marijuana;
• Bring in millions of dollars in tax revenue to the state;
• Creation of a new job market; and
• Bolstering of tourism market.

Possession of small amounts of marijuana has already been decriminalized in Connecticut. Advocates of legalization say that not regulating marijuana is tantamount to subsidizing the illegal market that fosters violence and additional criminal behavior. David L. Nathan, a psychiatrist and faculty member at Rutgers Robert Wood Johnson Medical School, said, “I’ve seen too many cases of lives ruined by marijuana not by the drug itself, but by a justice system that chooses a sledgehammer to kill a weed.”

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 Posted on April 17, 2017 in Drug Charges

News stories are limitless around the country about law enforcement cracking down on drug crimes. This crackdown goes all the way to the top with President Trump announcing his intentions to be “ruthless” in his determination to put an end to drug trafficking. The issue with so-called ruthless behavior is it results in hoards of innocent individuals facing false accusations of breaking the law. Federal, state, and local law enforcement utilize all of their resources building cases. Anyone accused should remember that charges do not mean a conviction and the government has the burden of proving guilt. When the circumstances were right, the following defenses have worked for defendants. Remember, these defenses are not for all circumstances and consulting an attorney is advisable to create a strategy for your unique situation.

A Case of Being at the Wrong Place at the Wrong Time.

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 Posted on April 10, 2017 in Sex Crimes

Connecticut recently passed a sex consent law that changes the consent that a partner must give in order for the encounter to be considered consensual on college campuses. If a party claims that the sex act was not consensual, rape or sexual assault charges can be brought. The new law, which went into effect last year, requires both parties to consent by saying “yes” or other affirmative signal. It should be noted that this is only the standard for college campuses (both public and private) and not sexual assaults that are alleged to take place elsewhere in the state. This new standard is what will be used at college disciplinary hearings. It will not change what must be proven in a court of law.

The Old Standard

Formerly, sexual assault campaigns highlighted the phrase “no means no.” However, sexual assault advocates believed that requiring the victim to prove that he or she said no ends up blaming the victim for the assault. By requiring that parties give affirmative consent, advocates of the law say the victim’s behavior will become less of a focus.

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 Posted on March 27, 2017 in Driving Under the Influence

If you have recently gotten your first DUI in Connecticut, you likely have many questions and you need to act quickly in order to get the optimal results in your case. Depending on the facts of your case, it is usually helpful to retain a DUI attorney as soon as possible.

There are two different “cases” within a DUI charge. One is administrative where your driver’s license is at stake. The other is criminal, which will affect your criminal record. For most first offense DUIs, the charges are considered to be misdemeanors.

The Administrative Case

If you fail or refuse a chemical alcohol test, your license will be suspended for 45 days. Connecticut requires that an ignition interlock device (IID) be installed prior to license restoration in all cases. The IID will be required for the following periods of time, based on the circumstances of each case:

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 Posted on March 20, 2017 in Juvenile Crimes

Gov. Daniel Malloy has proposed a plan that would raise the age for young offenders being prosecuted in adult court. Under the proposal, those tried in adult court would have to be 21 years old.

The proposal would not include those charged with serious offenses such as rape, assault with a firearm, and murder. Currently, those 18 years old and over are tried in adult court.

Gov. Malloy presented this proposal in 2016, but the legislature did not act on it. However, there are signs that this year, it may fare better. If this plan is adopted, Connecticut would be the first state to raise the age above 18 for most juvenile offenses.

A ‘Cutting Edge’ Proposal

This idea comes from Harvard University’s Kennedy School of Government, which has outlined a step-by-step implementation plan. “There’s no doubt this is a cutting-edge proposal,” study author Lael Chester told the Juvenile Justice Information Exchange.

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 Posted on March 13, 2017 in Juvenile Crimes

Sexting is a newer spin on the age-old desire of adults and teenager alike to express themselves sexually. Regardless of potential personal objections, the act of sending, creating, or posting suggestive images or video to various outlets such as cell phones, emails, and internet have various draws for consenting individuals of all ages. Technologically savvy adults over the age of 50 are even getting into the act to “spice up” their marriages. However, for minors, the act is closely related to “child pornography” and as such, the repercussions are severe.

Consensual Child Pornography

As naive as the behavior may be, occasionally young teenagers “in love” have the bright idea to send each other nude photos of each other. While it is certainly frowned upon, with two consenting children of the same age bracket, the behavior should be considered an innocent mistake. Of course, it has been seen time and again when an ex in the relationship still maintains ownership of their copy of their ex and spreads them across school and to various social media outlets, causing further damage. However, even while they are in the relationship, the state of Connecticut says that so long as these individuals are between the ages of 13 and 15, a crime occurred on both the sending and receiving ends.

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 Posted on March 06, 2017 in Driving Under the Influence

If you are accused of driving under the influence (DUI) of alcohol in Connecticut and have a blood alcohol content (BAC) higher than 0.08, you may have many questions. You may question your future, the punishments, and the impacts. Although Connecticut legislature has harsh penalties for those convicted of first-time DUI, there is a second chance option that may be available given the right circumstances. The program is not a right, and therefore no one is guaranteed admittance, however the chances of being accepted increase with the assistance of a knowledgeable attorney to help you through the application process.

Pretrial Diversion Program

If it is your first time with a DUI, or you have not had one in more than 10 years, you may be eligible to apply for this program before your case goes to trial. Consider AEP, a Connecticut “second chance” for those who made a mistake. The Alcohol Education Program meets weekly for one-hour classes for up to 15 weeks. The length of time is dependent on the results of an alcohol evaluation test done before the program begins. There are no exams or testing, nor are there any alcohol or drug tests. Simply arrive on time, every week, and stay for the entire class. After successful completion of the program and attending the Mothers Against Drunk Driving (MADD) Victim Impact Panel, your case may be dismissed and erased from your record.

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