Posted on February 22, 2017 in Juvenile Crimes

Larceny is the intentional withholding of property belonging to someone else with no intention of giving it back. Convictions range from a misdemeanor to a felony based on the valued amount of the item or items taken. Many parents enter into panic mode upon hearing news that a child faces accusations of larceny. The reaction is justifiable as these charges can affect the entire future of the accused as such a stigma can severely stunt educational and employment opportunities. Your child’s future may be preserved if the appropriate action occurs quickly.

Is a juvenile record sealed or expunged at 18?

Many mistakenly believe that all criminal history before the age of 18 is automatically sealed and not visible to potential schools and employers. If the case in question was dropped or dismissed, the record erases immediately. However, if there is a conviction, a petition must be completed to have the incident “erased.” Sealing and expungement is not an option in these cases, but erasing will prevent everyone outside of a courtroom from seeing the record.

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 Posted on February 15, 2017 in Theft and Property Crimes

As children, we are encouraged to explore our creative side. From early on we are applauded for each moment of artistic ability, even if at three years old it does not look like much. In elementary school, our teachers shower us with praise and our parents proudly display our artwork on the refrigerator and throughout the house and office. In our early teens, that creative artistic ability is not easily suppressed. Unfortunately, once the artwork is on someone else’s property, criminal mischief and vandalism charges become likely.

How Is Art a Crime?

Graffiti is any marking, such as initials, slogans, declarations of love, or drawings on public or private property not belonging to the artist. Graffiti can be something written in marker, sprayed on with spray paint, or even carved using sharp objects. Graffiti is often associated with gang presence however it is in no way limited to this population. Individuals from all walks of life have been found guilty. Although a single “tag” does not cause significant concern, where one piece of graffiti is visible, more are likely to follow. The “artwork” found on the sides of buildings, trains, and bridges costs approximately $12 billion dollars annually to clean throughout the United States.

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 Posted on February 08, 2017 in Criminal Defense

One of the obstacles those with a criminal record face is finding an employer who will hire them despite that record. A newly-enacted law will now keep Connecticut employers from asking job applicants about their criminal records on employment applications. The law went into effect January 1, 2017.

Specifics of the Law

The law only covers the questions asked on a job application. In an interview, an employer could ask about a criminal record. Also, the law does not apply to jobs where background checks are legally mandatory, such a jobs in schools. The law prohibits any questions about arrests, criminal charges, or criminal convictions.

Purpose of the Law

The law was enacted in order to curb the rates in which people with a criminal record end up back in prison. One way to keep recidivism rates down is to help those with criminal records find jobs.

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 Posted on February 01, 2017 in Violent Crimes

When someone makes violent crime accusations, they are effectively jeopardizing the future of the accused individual. An allegation on its own can wreak havoc on a once-clean reputation. With enough notoriety, the accused can lose family, jobs, and more. Intelligent and efficient representation early on can help to mitigate any lasting effects of any false claims. Additionally, it is beneficial to understand what the terminology means in a legal realm. In daily conversation murder and homicide are interchangeably used, but each has unique meaning when used in a court-of-law.

Murder: Capital, Felony, and Arson

Murder is the intentional killing of another individual, including forced suicide with duress or deception. Connecticut’s unique legal structure breaks the charge down further into capital, felony, or arson murder rather than first, second and third degree. The differences are as follows:

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 Posted on January 30, 2017 in Criminal Defense

Being pulled over by a police officer is a nerve-wracking experience. Because of this, many people make the mistake of consenting to a police search of their car. Criminal defense attorneys routinely advise clients that they should never allow an officer to search their car.

Reasons Why People Consent to Officer Searches of Cars

People have many misconceptions about what the consequences of a car search entail. They may think one or more of the following:

• I’ve got nothing to hide. I should let the search happen;
• Maybe the officer will not find the drugs or weapons I have hidden; and
• The officer will just search my car anyway. If I consent, maybe the officer will go easy on me.

All of these statements are false or bad advice. If an officer is asking for your consent, that means that your consent is needed to search the car.

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 Posted on January 23, 2017 in Drug Charges

For years police have use trained dogs to help them discover drugs and drug paraphernalia on citizen’s bodies, in bags, and in cars, which will lead to criminal charges. It comes as a surprise then studies show that police K-9s have high error rates.  One study reviewed Chicago police records over three years and determined that police found drugs or paraphernalia 44 percent of the time that a dog alerted an officer it smelled drugs. According to the study, the success rate fell to 22 percent when the person searched was Hispanic. 

How Drug Dogs Are Supposed to Be Used

Drug dogs are supposed to be a way for police to find drugs without infringing on the public’s constitutional rights. For example, if police pull you over for a traffic stop, officers do not have the right to search your car. 

Police need probable cause to search your car. If they do not see drugs inside, smell them or determine that the driver is under the influence of drugs, they do not have probable cause to search your vehicle. However, police can use drug-sniffing dogs because the dogs theoretically will only search for drugs. Possession of drugs is not a constitutionally protected right. 

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 Posted on January 16, 2017 in Parental Liability

While watching any teen movies these days, it seems that all our children want to do is drink alcohol and break rules. As the story progresses, a parent is nearly always out of town, and their child invites the entire school over for a night of unsupervised events. Luckily for these cinematic plots, there almost always seems to be a hero who opposes underage drinking and good choices triumph. Perhaps these scenarios serve as a cautionary tale for us as parents to never leave our children alone. However, on the other end, you also do not necessarily want them to go off to college without ever being trusted while you and your spouse run to the grocery store. What our juvenile children do while we are away can have us met with handcuffs and parental liability when we return.

Underage Drinking

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 Posted on December 26, 2016 in Drug Charges

Laws surrounding various recreational drugs, such as marijuana, are in a fluid state of change. Changes occur so frequently that even those paying the closest attention may miss a minor alteration. Frequent modifications cause uncertainty among the general populous as to what the current regulations entail. Officers depend on this ambivalence while doing their searches, hoping the unsuspecting individual will offer further information to incriminate themselves of a drug crime. However, officers are also aware that improper protocol opens themselves up for failure in court.

The Fourth Amendment

The Fourth Amendment to the United States Constitution is enacted most frequently during questions over proper police procedure. In short, its creation protected the people against British King George’s overbearing and excessive invasion into their privacy and furthermore it protects the rights of citizens against unwarranted search, seizure, and even detainment. It helps to understand what the amendment says, which is:

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 Posted on December 12, 2016 in Driving Under the Influence

Connecticut is notorious for being one of the harshest states with their punishments of DUI. On holidays, the police do not take a break and lend a blind eye to questionable behavior. In many cases, it seems like circumstances point to the contrary. If they are in a bad mood for having to work while you are celebrating, there is an increased likelihood that they will spot potential driving errors. This year proved exceptionally difficult, leaving many excitedly anticipating a new start and a chance for a better year. If you are part of the population going out for New Year’s celebrations, take precautions to ensure you make it home safely instead of sitting behind bars.

Statistics

According to the Federal Bureau of Investigation, adults drive intoxicated an average of 80 times before their first DUI arrest. Additionally, the likelihood of being involved in a drunk driving accident increases on weekends after dark. During particular occasions throughout the year, such as holidays and summer, arrests skyrocket. In Connecticut, DUI is among one of the most common arrests made. Other statistics include:

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 Posted on December 05, 2016 in Domestic Violence

When a relationship ends unexpectedly, it is natural to want to find closure. The closure may come from a variety of sources such as a long conversation about what went wrong or seeing your ex with someone else. When you fail to receive the closure necessary to move on, life often becomes full of turmoil and answerless questions. Many pursue communication long beyond what is acceptable by the opposing party in search of relief, leading to stalking and harassment charges if left unchecked.

Explanation of Charges

Although a phone call is permissible and perhaps a visit under the right circumstances, if someone asks you to cease your behavior, it is important to respect their requests. Over time, the object of your affection may be willing to discuss in detail what went wrong. Failing to give them the time, distance, and respect they need can cause fear for their safety and that of their children. Depending on the circumstances, stalking or harassment charges may ensue. The differences between the two charges are:

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