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 January 09, 2017 in Traffic Violations

Connecticut laws have seen a shift in the severity in which crimes are punished. While certain drug crimes recently became less troublesome other issues are being treated more harshly, including several traffic laws. One regulation experiencing a severity elevation is evading responsibility, also known as hit and run. Drivers mistakenly choose to leave the scene of an accident hoping to avoid the repercussions. More legal trouble awaits a driver opting to flee without leaving contact information.

How Did They Find Me?

An evading responsibility charge often begins with an emergency 9-1-1 phone call made by the victim or a witness of the accident. Once police arrive at the scene they begin gathering all information available. Cops ask all passengers of the remaining car as well as any witnesses for descriptions of the driver, car, or license plate. From there they utilize all avenues available, including:

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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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 Posted on December 05, 2016 in Domestic Violence

Both gun ownership and domestic violence are taboo subjects. The treatment of women and the Second Amendment are both at the forefront of debate, especially in election years. Even though we will have a new president and there will likely be plenty of legislative changes, one significant change has already taken place before the early election process began. On October 1, 2016, a law regarding domestic violence and gun ownership altered the previous status quo.

Prohibitions for Convicted Abusers

The previous restrictions are still intact in regards to gun control and those with severe or violent crimes. The prohibitions pertain to both possession and purchase of weapons by those who have been convicted of a violent misdemeanor, regardless of the relationship between the accused and the victim. Crimes that would preclude anyone not being eligible for gun ownership include:

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 Posted on November 25, 2016 in Traffic Violations

No matter how minor a traffic violation may be, repercussions will follow upon determination of a guilty verdict. In addition to surcharges assessed through a fine or penalty, points are added to your driving record. These points not only will likely increase your auto insurance rates, but may have an adverse impact on future legal issues as well as prevent employment opportunities. If you handle the situation appropriately, it is possible to prevent a long-lasting impact due to a minor traffic violation.

Infraction vs. Violation

A traffic incident receives a classification of either infraction or violation. To adequately defend yourself, you must understand to what the terms refer. The difference is:

• Violation: The offender faces accusations of a state law, regulation, or local regulation. The penalty for this is a monetary fine, but occasionally a court appearance is required.

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 Posted on November 18, 2016 in Sex Crimes

When an individual finds themselves convicted of a serious crime, they rightfully expect that their future will change. However, upon conviction of a sexual crime, the difficulty of the uncertainty of their future and any behavior expectations may become overwhelming. One dilemma revolves around sex offender registration. What does this mean for everyday life and how will it impact the future? Sex offender registrants must meet certain requirements to abide by Connecticut laws.

Types of Sex Crimes

Nearly every conviction for any sex crime in Connecticut requires that the offender register on the National Sex Offender Registry. A few of the crimes that are under these regulations are:

• Sexual assault,
• Molestation of a child,
• Online solicitation of a minor,

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