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 April 03, 2017 in Traffic Violations

A lot goes into attaining and maintaining a commercial driver’s license (CDL). Of course, there are the rigorous education and examinations in addition to medical and background qualifications just to earn the licensure, but your work is incomplete. It is imperative that you follow through with multiple requirements to remain in good standing to maintain your licensure as well as avoid traffic violations. In addition to an impeccable driving record, you must also retain proper records to avoid losing the license.

What Records are Necessary for Employers?

Requirements for CDL regulations are controlled federally by the Federal Motor Carrier Safety Administration (FMCSA). Each state can vary through the application process but must maintain the standards and regulations set forth at the federal level. Each document has a required retention period of three years or more. By law, CDL employers must retain the following records for each employee and have them available upon request within 48 hours:

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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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 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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