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50 Founders Plaza
East Hartford, CT 06108
50 Founders Plaza
East Hartford, CT 06108
The COVID-19 pandemic has affected the lives of everyone in the United States. Even though most people have been able to take steps to protect their health and safety, people who are serving sentences in prison have struggled to avoid the risks of infection. To address the risks that inmates face, the federal Bureau of Prisons (BOP) has allowed for the release of thousands of prisoners, placing them on home confinement during the pandemic. However, the future status of these prisoners is uncertain, and many are concerned that they may be required to return to prison. Convicted offenders and their family members may need to consult with a criminal defense attorney to determine whether they can take legal action to address this issue.
In March of 2020, Congress passed the CARES Act, which provided multiple types of relief to people who have been affected by the COVID-19 pandemic. One of the provisions of this act allowed for the early release of federal prisoners. This option was usually available for nonviolent offenders who had served at least half of their sentences and who met criteria such as good behavior during their sentence or a high risk of health complications due to COVID-19.
Child pornography and other forms of child sexual abuse are a major concern in today’s society, and law enforcement officials have many tools at their disposal that they use to identify potential sexual predators and prosecute them for crimes against children. However, the increasing use of these tools has raised concerns about privacy and the violation of people’s Constitutional rights. Apple recently announced that it will be implementing a new feature that will search people’s iPhones to identify photos that may be considered child pornography. Multiple privacy and security advocates have argued that this feature is a troubling invasion of people’s privacy, and it could potentially be misused by law enforcement or other parties.
In an upcoming update to the iPhone operating system, Apple will be implementing new features meant to identify child sexual abuse material (CSAM). These features will scan users’ photos and compare their “digital fingerprints” with images in public databases of known child pornography images. If a match is found, an image will be reviewed by an Apple employee, and confirmed matches may result in law enforcement being notified and provided with a user’s information.
Most people are aware of the potential consequences that they may face if they are accused of violating the law. A conviction on criminal charges can result in significant fines, jail time, probation, or other penalties, depending on the severity of the offense and the circumstances surrounding a case. However, many people do not realize that law enforcement officials may also seize people’s money or property, and this is sometimes done without a person ever being accused of or charged with a crime.
Federal and state laws allow police officers or other law enforcement officials to seize assets that they believe are connected to a crime, including cash, vehicles, homes, or other property. If police officers have a “reasonable” belief that these assets were obtained through the proceeds of a crime, were used to further criminal activity, or were otherwise related to an alleged violation of the law, these assets can be confiscated. However, in many cases, these forfeitures occur even when a person is never officially charged with a criminal offense.
High-speed car chases can be exciting in movies or TV shows, but when they take place in the real world, they are likely to cause serious injuries or deaths. When police officers choose to chase a vehicle, they often put multiple people at risk, including innocent bystanders such as pedestrians and people in other vehicles. While officers may pursue a person for a variety of reasons, often claiming that doing so is necessary to protect public safety, most police chases involve minor traffic violations rather than serious criminal charges.
Determining the actual number of people who have been injured or killed because of police chases is somewhat difficult. The National Highway Traffic Safety Administration (NHTSA) is the primary source of data regarding traffic-related deaths. However, reports to the NHTSA by police departments do not always state that deaths occurred in a police chase, and records may not indicate whether a person who was killed was a participant in a chase or an innocent bystander. Determining the number of people injured is even more difficult since the NHTSA only tracks fatal accidents.
The “war on drugs” has led law enforcement officials to crack down on anyone who is suspected of illegally possessing, selling, distributing, or manufacturing controlled substances. Recently, the Centers for Disease Control and Prevention reported that there has been an increase in the number of drug overdoses related to fentanyl. Because of this, authorities may be looking to pursue drug charges against those who are accused of possessing this substance. Anyone who has been arrested for drug possession or distribution will need to secure representation from a criminal defense lawyer.
Fentanyl is a synthetic opioid that has become more available in recent years, since it is fairly easy and inexpensive to manufacture. It is highly addictive, and it is often more potent than other opioid drugs. Recently, officials have raised concerns about an increased number of overdoses involving the combination of fentanyl and cocaine. These overdoses may have occurred because the drugs were unintentionally mixed together or because drug users attempted to use multiple substances at the same time. Those who have not built up a tolerance for fentanyl are more likely to experience dangerous or fatal overdoses.
Immigrants to the United States may run afoul of a variety of laws that could affect their immigration status. There are multiple issues that could potentially lead to deportation, including being convicted of certain types of crimes. In some cases, law enforcement officials may ask a person to cooperate with an investigation, telling them that by doing so, they can receive an S visa that will allow them to remain in the United States. However, criminal justice and immigration advocates have found that these types of visas are rarely granted, and in many cases, immigrants will still face deportation even if they cooperate with law enforcement and meet all of their legal requirements.
S visas, which are commonly known as “snitch visas,” are available for those who have provided assistance to a law enforcement agency as a witness or informant in a criminal investigation. Up to 200 S visas can be issued each year for people who assist with criminal cases, and an additional 50 visas can be issued in cases related to terrorism investigations. Initially, a person will be allowed to stay in the U.S. with a nonimmigrant status, and if they meet all requirements during the investigation where they are serving as an informant or witness, they will be allowed to apply for a Green Card and become a Lawful Permanent Resident.
Nearly everyone uses computer systems and electronic devices in their everyday lives, and there are many situations where a person could face criminal charges based on issues such as illegally accessing computer systems or using electronic information incorrectly. Cases involving computer crimes can be complex, and there are many different state and federal laws that may apply in these situations. A recent decision by the U.S. Supreme Court may play a role in cases involving computer and internet crimes, and it may limit the types of charges that may be pursued by prosecutors.
The Computer Fraud and Abuse Act (CFAA) of 1986 prohibits people from accessing a computer and obtaining information they are not authorized to access. While this law was meant to address unauthorized “hacking” of computer systems, courts had interpreted it very broadly, allowing prosecutors to pursue criminal charges in cases where a person had exceeded their authorized access. A person who was authorized to use a computer or network could potentially be prosecuted for using the system outside of what they had specifically been allowed to do. This meant that criminal charges could apply for a number of commonplace activities, such as using a work computer for personal purposes.
Marijuana use has become more and more accepted over the past decade, and multiple states have chosen to legalize this substance. The state of Connecticut will soon be joining these ranks after Governor Ned Lamont signed a bill that will make marijuana legal for recreational use. Some of the bill’s provisions will go into effect as soon as July 1, 2021. In addition to affecting criminal cases involving drug charges, this new law may also play a role in cases involving juvenile crimes, probation violations, and clearing of criminal records.
Starting on July 1, 2021, people over the age of 21 will be allowed to possess up to 1.5 ounces of cannabis plant materials on their person or an equivalent amount of products containing marijuana. A person may also possess up to five ounces of marijuana in a locked container in their residence or that is locked inside the trunk or glove compartment of a vehicle. The law has also eliminated the criminal penalties for manufacturing, selling, or using drug paraphernalia related to marijuana, and it reduced the penalties for illegally manufacturing or selling marijuana.
The actions of police officers in criminal cases have come under scrutiny in recent years. In many cases, criminal charges are based on evidence uncovered during police searches. While search warrants are usually required before police officers can search a person’s home or property, there are some situations where police have claimed that they are allowed to conduct searches without obtaining a warrant. Some recent rulings by the Supreme Court have limited the types of warrantless searches that police can perform, and this may affect the types of evidence that can be used against those who are facing criminal charges.
In May 2021, the Supreme Court issued a ruling in the case of Caniglia v. Strom, in which a Rhode Island man’s weapons were confiscated by police officers. Following an argument between the man and his wife, police were asked to perform a wellness check, and they informed the man that if he agreed to a mental health evaluation, his legally obtained weapons would not be confiscated. However, while the man was receiving the evaluation, the officers entered his home and took his weapons, claiming that this was done for “safekeeping.”
In the United States, people expect the legal system to be open and honest. Legal documents filed in court and the decisions made in legal proceedings are made available to the public, providing people with an understanding of their rights and how the laws are applied in specific situations. However, one of the most important courts in the U.S. operates under a veil of secrecy. Even though its decisions affect the types of surveillance that law enforcement officials can use in criminal cases, these decisions are not always made available to the public. Criminal justice advocates have raised concerns about how this secrecy affects the civil liberties of people in the United States.
The Foreign Intelligence Surveillance Court (FISC) was created in 1978, and it was given the power to oversee the types of surveillance conducted by officials in matters related to national security. While the court initially had a narrow focus, authorizing a few hundred wiretaps each year, its powers were expanded significantly following the terrorist attacks on September 11, 2001.
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