Connecticut Criminal Defense Legal Questions

Your only realistic option is to go to the police. If the police think there is enough evidence to take to the state's attorney's office, a warrant may issue. If you make a claim with your insurance company to seek compensation for the stolen items, it will want to know if you made a report to the police, if not, why not. Since you confronted your neighbor and received a denial, a civil lawsuit is not likely to go far without solid evidence.... Read More

Your best bet is to work with the Family Relations office if they will recommend the charges be dropped. It is not unusual that a course of counseling and the community service. There are programs available but you are best advised to comply with the recommendations so long as the recommendation will be the charges get dropped.... Read More

The primary charge that would probably be filed is larceny. Whether the charge filed is a misdemeanor or felony, and what level, is dependent on the amount of money or property stolen. Other charges may also be filed depending on how the money was stolen (i.e. robbery, burglary, through electronic means, etc.). Larceny is a very serious charge that can have lifelong impacts in many areas, including employment. You need to retain a competent criminal defense attorney.... Read More

A skilled criminal defense attorney would need to discuss this matter with your friend in greater detail, & ask him many questions, in order to give him the proper legal advice he needs (& possibly a quote to represent him). He should schedule a consultation ASAP. Once the case is resolved to his satisfaction, he'll be glad he paid the money to hire an attorney & properly protect his legal rights.... Read More

I suggest you go to the website for the National Association of Criminal Defense Lawyers ("NACDL"). The NACDL has many highly experienced attorneys, and, as a general rule, they will be extremely well-suited to any criminal case. Best would be if you would contact a Life Member, as they will probably be more experienced than others. ... Read More

Arrest reports and related documents are provided as part of the discovery process in criminal cases. Generally, after an attorney for an accused enters an appearance in the case, he or she will request discovery.. If you do not have an attorney, you should submit a written request to the prosecutor’s office asking that the discovery be provided directly to you. There may be a charge. In some jurisdictions, the prosecutor’s office will mail you the reports. In others, they will advise you when the material is ready for you to come by and photocopy. In Connecticut, where you are from, the court’s rules and Connecticut Practice Book provide that the prosecutor’s office must provide statements, law enforcement reports and affidavits concerning the charged offense within 45 days of receiving a written request. Generally, a court order is not necessary. However, there are some restrictions on unrepresented defendants in Connecticut. Before providing you with the materials, the District Attorney may ask the court to order that the documents remain in your exclusive custody and used only for case-related purposes. If the court enters such an order, any violation could subject you to punishment as a contempt of court. There may also be restrictions on providing you with names and addresses of the state’s witnesses and their criminal records. In addition to the arrest report, you may be entitled to copies of witness statements, your own statements, the results of scientific tests conducted and other materials. When submitting your request, you might consider asking for all discovery in your case, not just the arrest reports . ¿ ¿ ... Read More

The background checks being done by employers and schools are becoming more and more thorough, and they would likely check to see if you have any pending cases. Depending upon the stage of your case and whether or not you have been granted the Accelerated Rehabilitation program, the only publicly available information on the Judicial Branch website would be that you have a pending case; however, the nature of the charges should not be available once you have been granted the program. Of course, you may also be questioned by the institution to which you apply about any convictions or arrests. As to convictions, you can certainly say no, and once you successfully complete the program you can even say that you have never been arrested (at least as it pertains to this incident). But you should also know that the police department may maintain an arrest record that it will keep on file unless you send a request to have those records erased once you successfully complete A/R and the case is dismissed.... Read More

The age of sexual consent in Connecticut is generally 16 unless the older party is in a special relationship to the younger person (such as a coach or teacher) in which case it is 18. Therefore, as to anything that may have happened in Connecticut, or if there was no sexual contact either in CT or MA prior to your turning 18, it is unlikely to be a police matter. I am not sure what Massachusetts law may provide for in the case of a 17 year old, but again, if your relationship was not sexual, it is probably not something the police will take an interest it. Your friend, however, should consult with an attorney of his own since any action would be taken against him, not you.... Read More

The answer depends on whether or not the tow was lawfully done in the first place. If it was not lawful, a complaint could be made to the police and/or the department of motor vehicles (which licenses tow operators) and if that does not result in surrender of the vehicle, an action in court called a "replevin" action can be filed. If the tow was lawful and the charges were authorized by law, the tow operator generally has a right to hold the vehicle to secure the charges. It is possible that a replevin action could still be successful, but the court would probably require some kind of security for the amounts due. If the charges are unreasonable, or if the tow company is adding storage charges despite refusing to release the vehicle, you may be able to get relief from the court. In order to obtain release of the vehicle, you will also have to be able to prove ownership, or at least the right to possession, such as a title, registration, or lease.... Read More

A warrant to search and seize property is subject to the Fourth Amendment of the U.S. Constitution or a state equivalent. The application, which is submitted to a judge, must be supported by an affidavit, made under oath, setting forth facts to establish probable cause that evidence of a crime is likely to be located at the place to be searched. After reviewing the sworn affidavit, if the Judge agrees probable cause has been shown, the warrant is issued. If you believe the officer lied in the affidavit, you can file a motion to suppress any evidence seized during the search. Your motion must set forth the specific statements in the affidavit you believe to be either intentionally false, or made with a reckless disregard for the truth. You should also include any omissions of facts that you believe would have been material to the finding of probable cause. This is often called a "Franks Motion", named after the Supreme Court case of Franks v. Delaware. You will also want to ask for a hearing on your motion. At the court hearing, you will have the opportunity to present testimony and evidence supporting your position that the officer lied or recklessly disregarded the truth in his affidavit. If the court agrees, the court will strike the false statements from the affidavit (and insert the material facts intentionally or recklessly omitted) and then re-read the affidavit. If the corrected version no longer meets the probable cause threshold, the judge can declare the warrant invalid and suppress from evidence at trial all items seized during the search. If after retracting and adding the correct information, the judge still finds probable cause, the warrant remains valid. If the false statements are serious ones, the officer could face disciplinary action affecting his job. This is by no means automatic, however, particularly if he or she is able to convince their superiors that they were mistaken rather than lying, or that they relied on information they believed to be true at the time. In an extreme case, the officer could be charged with perjury, for submitting a false document made under oath to the court, however I doubt that happens often.... Read More

Threatening to injure someone over the telephone and across state lines is a federal offense. It carries up to five years in jail. If the threat is made with the intent to extort money, the penalty is up to 20 years. Your statement is considered a threat under this law if a reasonable person would perceive it as a serious expression of your intent to hurt them. If your statement is one that would reasonably induce fear, it qualifies, regardless of whether you either intended to carry out the threat or had the capability to do so. Sentences for federal crimes are imposed according to the Federal Sentencing Guidelines. If you are convicted of this crime, the court will consider, among other factors, the number of threats and whether there was any conduct showing an intent to carry out the threat. In the case of a single threat made with little or no deliberation, and with no conduct showing that you intended to carry out the threat, you might qualify for a lesser sentence. You should contact a criminal defense attorney experienced in federal cases in your area to discuss the details of the case and what to do if you are contacted by the authorities. He or she can best advise you of possible defenses you may have if you are charged, as well as the most likely sentence under the guidelines should you be convicted.... Read More