Connecticut Criminal Defense Legal Questions

Everyone charged with a crime is entitled to an independent lawyer. This means a lawyer who is free from an actual or potential conflict of interest. Generally, it is advisable for each defendant to have his or her own lawyer. A lawyer cannot have dual loyalties. You and your sister are charged with selling drugs to others. Your lawyer must be able to keep your interests paramount and not have to consider what may or may not be best for your sister. Suppose, for example, the prosecution wants to offer both of you a deal in exchange for providing information against your drug source. What if you want to provide the information and your sister doesn\\\\\\\'t? Or, what if the evidence is stronger against your sister than it is against you and you are offered a deal to cooperate against your sister? How can a lawyer who represents both of you advise you to take or not take the deal? Criminal liability is individual. A lawyer must be able to exercise independent judgment on behalf of his or her client. This is very difficult to do when representing more than one defendant in the same case. There are exceptions to this general principle. In some circumstances, the right to conflict-free representation can be waived. I suggest each of you consult with experienced independent counsel before deciding whether to waive this important right and use the same lawyer.... Read More

Engaging in sex with someone who is older than thirteen but younger than sixteen, when you are at least two years older than that person, is considered Sexual Assault in the Second Degree in Connecticut, a Class C felony. It will not help you to prove you did not know the youthful age of the victim. You may not raise mistake or lack of knowledge of the age of the victim as a defense. In Connecticut, as in most states, the legislature clearly expressed its will that engaging in sexual intercourse with a person under the lawful age of consent constitutes a violation of law without regard to the actor''s belief as to the victim''s age. To obtain a conviction on this charge in Connecticut, the state must establish only that (1) you engaged in sexual intercourse with the victim; (2) at the time the victim was between thirteen and sixteen years of age; and (3) you were at least two years older than the victim. Of course, you may have other defenses to the charge. In order to determine what defenses you might raise, and your chances of prevailing on them, you should contact a criminal defense lawyer in your area of Connecticut who is experienced in defending charges of sexual assault against minors.... Read More

When a person is placed on probation, the Court imposes several terms and conditions with which you, the probationer, must comply. These conditons can range from maintaining employment and refraining from using drugs, to paying restitution to the victims of the crime for which you are put on probation. In almost every case, it is a condition of probation that you not commit another crime during the period of probation. If your probation officer believes you have violated the terms or conditions of probation, or if you are arrested and charged with a new crime while under probation, you may face a probation revocation proceeding. A complaint will be filed and there will be a hearing. Although it may vary from state to state, you should be allowed to remain free on bail while awaiting the judge''s decision on whether you violated probation. This may be an increased bail from that which was granted for you prior to trial or your guilty plea. At the probation revocation hearing, the state must prove you violated a condition of your probation by a preponderance of the evidence, unless the state is charging that the violation consists of the commission of a new crime. For the commission of a new crime to result in a revocation of your probation, many states require that the proof you did in fact commit the new crime be established beyond a reasonable doubt. The decision is made by the Judge. There is no jury trial in the revocation proceeding. If the judge finds you violated the terms and conditions of your probation, she can revoke your probation and impose any sentence she could have imposed originally, including putting you on probation again. Or, she can sentence you for up to the maximum term in prison allowed by the crime of which you were originally found guilty. You can appeal the judge''s decsion to revoke your probation. Ordinarily, you would appeal to the next highest court in your state. You can apply for bail pending a determination of your appeal, however, it is considered to be discretionary with the Court--meaning if bail is denied, it will be an uphill battle to overrule the court. There should not be an automatic increase in the amount of the bail, however, very often, defendants are looked upon as a greater flight risk once they have been found guilty, which often results in judges increasing the amount of bail during the appeal.... Read More