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50 Founders Plaza
East Hartford, CT 06108
50 Founders Plaza
East Hartford, CT 06108
Advances in technology are constantly happening. Every day, it seems as if there is a new device, app, or way of digitally communicating with one another. While technological advancement and evolving behaviors can be beneficial for society, they often pose legal problems. A relatively new act called “sexting” is one of the latest challenges that has been posed to lawmakers across the country, and both parents and children should be aware of the potential sex crime charges that could result from this type of activity.
Sexting is a type of sexual behavior that occurs when two people consensually share explicit photos, videos, or messages through an electronic device. According to a study published in the journal JAMA Pediatrics, around 27 percent of teenagers say that they have received such a text message, while 15 percent of teens admitted that they have sent such a message.
In Connecticut, you may face charges of driving under the influence (DUI) if you operate a vehicle while intoxicated by drugs or alcohol or if your blood alcohol concentration (BAC) is .08% or higher. If you are arrested for DUI, you will be asked to perform a chemical test to determine your BAC, and this may be either a blood, breath, or urine test. Though chemical breath tests are most commonly used to determine BAC, other methods may be more accurate, and it is not unheard of to be asked to provide a blood sample.
The point of collecting a sample of a suspect’s blood, breath or urine is to have hard evidence of the amount of alcohol or drugs in the person’s system at the time of the arrest. This evidence may be used to demonstrate that a driver was intoxicated, but in order for the evidence to be admissible in Connecticut courts, there are six requirements that must be met:
For the past couple of years, increased focus has been placed on the criminal justice system and making it more fair for everyone. One of the facets of the system that has received increased scrutiny lately is the bail and bond system. Proponents of change say the current bail system is unfairly biased in favor of wealthier individuals, since they have the ability to post bail or bond without issue. Because of this, a committee of Connecticut Superior Court judges has been considering whether or not to implement new rules and criteria for posting bond, which would make it easier for low-income individuals to remain outside of jail during their criminal trials. The committee recently voted unanimously to implement new rules for posting bond.
Most people are familiar with the term “double jeopardy,” or they have probably at least heard of the concept. Protection against double jeopardy is written into the Fifth Amendment to the United States Constitution, which states that “no person shall...be subject for the same offense to be twice put in jeopardy of life or limb…” Basically, this provides U.S. citizens with protection against being tried more than once for the same crime. This issue typically arises when a person allegedly commits a criminal offense in more than one state or jurisdiction. Recently, the Supreme Court dealt with this issue by looking at whether or not those facing criminal charges could be tried for the same crime in both state and federal courts.
The case that made it to the Supreme Court dealt with a man who is currently a federal prison inmate. The Alabama man appealed to the Supreme Court after he was charged on both the state and federal level for possessing a gun after a previous felony robbery conviction. On the state level, he was sentenced to one year in prison. When tried for the same crime on the federal level, he was sentenced to 46 months in federal prison, a sentence that was to run concurrently with the other sentence.
For years, illegal and undocumented immigration has been a point of contention in American politics. Many people have argued over the rights that undocumented immigrants should or should not have. In 2013, Connecticut passed what is known as the Trust Act, which elaborated on how and when local law enforcement officials can assist federal Immigration and Customs Enforcement (ICE) agents when they request help completing deportations. Recently, Connecticut passed two new bills, each amending the Trust Act to provide further protections to undocumented immigrants. For immigrants who are facing criminal charges, it is important to understand how these changes to the law will affect their rights.
A civil detainer is an order from immigration officials requesting local law enforcement to comply with ICE to detain an immigrant. Civil detainers are orders that have not been reviewed by a U.S. District Court judge or magistrate or a Connecticut Superior Court judge, meaning they carry no legal obligation for a law enforcement official to arrest someone. The Trust Act of 2013 prohibited law enforcement officials from arresting or detaining immigrants solely based on a civil detainer - with the exception of seven different situations. These situations included if the immigrant had been convicted of a felony, if they are subject to a final order of deportation, or if they present a risk to public safety.
In the wake of the viral “Me Too” movement that swept across social media in recent years, many state and local jurisdictions have taken a second look at their current sexual assault laws to determine whether changes should be made. Connecticut is the latest state to pass legislation concerning sexual misconduct laws. The Connecticut legislature recently voted to pass a bill that would make a number of changes to state law, including extending the statute of limitations for prosecuting sexual assault charges.
Though the bill passed unanimously in the Senate, the vote in the House was not as one-sided. The bill passed by a vote of 121-23, with those 23 naysayers expressing worries about the changes to the law. One member suggested that a person’s memories are not always accurate as time goes on, and a longer statute of limitations could mean that a person may be accused of sex crimes based on untrustworthy testimony. Another member was concerned with the bill’s possible interference with the constitutional right to a fair and speedy trial. Proponents of the bill have stated that lengthening the statute of limitations helps the victims but does not detract from the rights of the accused, because the burden of proof will remain the same.
Losing a loved one is never easy. The grief process can be a difficult one, but it can be especially painful if your loved one died because of the negligence of another person. The sudden death of a family member can wreak havoc on the family’s emotions, and also their finances. Funerals are much more expensive than many people believe - the average cost of a funeral is around $10,000. Fortunately, the state of Connecticut provides ways for family members to recover compensation for the damages and costs associated with a wrongful death. The time right after the death of your loved one is critical - the sooner you act, the better.
In the state of Connecticut, a wrongful death claim is defined as a claim “for injuries resulting in death.” The claim itself is similar to that of a personal injury lawsuit - you are claiming that someone else acted in a negligent manner, which caused the injuries which led to your loved one’s untimely death. Typically, a wrongful death claim must be submitted within two years of the date of death.
For years, advocates have claimed that the criminal justice system in the United States is unjust toward certain groups of people. According to the American Civil Liberties Union (ACLU), one in three black men and one in six Latino men can expect to be incarcerated in their lifetimes, compared to only one in 17 white men. A majority of the country agrees that the U.S. criminal justice system needs to be reformed. One of the main ways of doing this is through the actions of prosecutors, who play a crucial role in the criminal justice process.
A bill was recently passed in both the Connecticut Senate and House of Representatives that will require more transparency when it comes to Connecticut prosecutors in the criminal justice system. The bill, which was passed with a rare unanimous vote in both the House and Senate, will require the state to create a public website to publish information such as demographic information about defendants that prosecutors do and do not prosecute, in addition to information about prosecutors’ actions on charging, diversionary programs, plea deals, and sentencing.
Firearms have been a part of American history for as long as the United States has been a country. The Second Amendment to the U.S. Constitution specifically gives American people the right to own firearms, but with the invention of new weapon technologies, more laws are being enacted each year. Gun owners should be sure to understand how changing laws will affect them in order to avoid facing weapons charges.
The latest gun safety law was passed in both the Connecticut Senate and House of Representatives this past month. The bill, dubbed “Ethan’s Law,” was named in memory of Ethan Song, a 15-year-old Guilford boy who accidentally shot himself to death with a firearm that was easily accessible while at a friend’s house
The biggest change to Connecticut’s firearm laws is the way that firearms must be stored. Prior to the passage of Ethan’s Law, the criminal liability a person had when a child accessed their firearms only applied if the firearm was loaded, and the child was able to gain access to the weapon. Under the new bill, a person must keep firearms in a securely locked box or in another secure manner if a minor under the age of 18 is likely to gain access to the firearm - regardless of whether or not the firearm is loaded.
Most people have a basic understanding of how the criminal process works: you are charged with a crime, you must appear in court, a judge or jury determines whether or not you are guilty, and if you are convicted, you serve your sentence. But what happens before any of that even begins? Before you can appear in court to address criminal charges, you will have to attend a pretrial release hearing. During this hearing, a judge will determine whether or not to release you before your trial and whether there should be any conditions on your release. Typically, this is where bail comes in to play.
The term pretrial detention refers to the period of time that a person is incarcerated before they attend their trial. At the pretrial release hearing, the judge will set bail, which is a monetary amount that you must pay before you can be released. In Connecticut, there are two different types of bail:
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