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Recent Blog Posts
Bullying in Connecticut Schools
Bullying is a serious issue in Connecticut schools. Between 2011-2013, one in six students reported being bullied online, and one in five reported being bullied at school.
Connecticut does not tolerate bullying in schools. Children accused of bullying may face school disciplinary proceedings and, in some cases, criminal charges. Here are a few frequently asked questions about what Connecticut considers bullying and the resulting consequences.
Q: What behaviors are considered bullying in Connecticut schools?
A: Bullying takes many forms. It can be written, verbal or electronic threats (like cyberbullying). It can be physical assault, like kicking, punching, shoving or tripping. It can be harassment or hazing. It can be a physical act or gesture repeatedly directed at another student. Bullying usually happens because of a student’s race, color, gender, sexual orientation, physical appearance, or mental disability, or because of other actual or perceived differentiating characteristics.
Understanding Larceny
In July 2018, Stamford police received reports of two stolen cars in the Ridges neighborhood (the calls were two hours apart). Police apprehended the suspect driving the second car and charged him with reckless driving, driving without a license, and first-degree larceny, among other offenses.
What Is Larceny?
Larceny is a type of property crime. Under Connecticut law, a person commits larceny when “he wrongfully takes, obtains or withholds” property from its owner. The accused must have “intent to deprive another of property or to appropriate the same to himself or a third person.”
Larceny takes many forms, including (but not limited to):
- Embezzlement, which happens when someone is entrusted with someone else’s property and takes it for himself;
- Obtaining property by false pretenses or false promise, which basically means someone manages to obtain someone else’s property by defrauding them;
The Right to Trial by Jury
Under most circumstances, the federal Constitution guarantees criminal defendants a trial by jury. Whether this right applies in your case depends on the severity of the offense. Specifically, the U.S. Supreme Court has said that the crime must carry a penalty of more than six months’ imprisonment).
Connecticut also guarantees criminal defendants a jury trial. The right only exists when the maximum penalty is at least a $200 fine. If the offense involves violations payable through the Centralized Infractions Bureau (a traffic violation) then the maximum penalty must be more than $500. Unless the law says otherwise, the jury will consist of six people.
Can I Waive My Right to a Jury Trial?
The judge must advise the defendant of his or her right to a jury trial at the plea hearing (when the defendant is formally charged and before the judge for the first time). If the defendant does not “claim a jury” at the hearing, then the right is considered waived. However, the judge may reinstate the right within 10 days if the defendant did not understand his or her rights, or if the judge thinks justice will not be served without a jury.
The Opioid Epidemic in Connecticut
Opioid abuse is a serious problem in the United States. And the problem is only getting worse -- especially in Connecticut. Opioids are a class of drugs that include heroin, oxycodone, and morphine. While prescription opioid painkillers are safe when used for a short period of time, regular use can lead to addiction, overdose and sometimes death, according to the National Institute on Drug Abuse (NIDA).
Connecticut currently ranks in the top ten states for opioid-related overdose deaths, according to NIDA. The number of deaths increased dramatically between 2012 and 2016, rising from 5.7 deaths per 100,000 people to 24.5 deaths per 100,000 people. That is well above the national average of 13.3 deaths per 100,000 people.
Thankfully, the state is taking steps to address this growing epidemic.
Connecticut Launches New Treatment Program
Credit Card Crimes in Connecticut
We hear stories about credit card breaches all the time. That’s why more than two-thirds of consumers are concerned about fraud. You should also be concerned if you are charged with committing a credit card crime, because these are serious offenses in Connecticut. Here are two examples:
- Credit card theft and fraud. Anyone who takes another person’s credit card without their consent with the intent to use or sell it is guilty of credit card theft. Offenders can spend up to five years in jail and pay a $5,000 fine. Anyone who obtains a credit card as security for debt with the intent to defraud is also subject to these penalties; and
- Illegal use of credit card. Anyone who uses a credit card knowing it is forged, expired, or revoked, or who pretends to be the holder of a credit card that hasn’t actually been issued, is guilty of illegal use of a credit card. This is a misdemeanor if the value of goods obtained with the card doesn’t exceed $500. Offenders can spend up to five years in jail and pay a $5,000 fine.
Sex Crime Charges in Connecticut
Sex crimes are some of the most serious offenses in Connecticut. In addition to criminal penalties like jail time, convicted sex offenders may be put on the state’s sex offender registry -- public information that can affect your ability to get a job. Even being accused of a sex crime can negatively affect your life.
What Is Considered a Sex Crime in Connecticut?
There are various sexual acts that are considered criminal offenses. Sex crimes in Connecticut include:
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Sexual assault. Sexual assault is a complex crime because there are four degrees of punishment. Connecticut recognizes situations where sexual assault is a first-degree crime and others where it is only a misdemeanor (and situations in between those extremes). For example, first-degree sexual assault happens when someone has sexual intercourse with a mentally incapacitated person who is incapable of consent or forces a victim to have sex against their will. Fourth-degree sexual assault is generally a misdemeanor and involves sexual contact instead of sexual intercourse.
Underage Drinking and Driving
Adults can be charged with driving under the influence when their blood alcohol content (BAC) is .08 percent or higher. But underage drivers (any driver under 21 years old) can be charged when their BAC is .02 percent. Connecticut has zero tolerance for underage drinking and driving, which means that any alcohol in your system or on your breath is grounds for arrest. That does not leave underage drivers with any wiggle room. The moral of the story for underage drivers is, do not get behind the wheel after having any alcohol.
The Consequences of Underage Drinking and Driving
Driving under the influence is a criminal offense in Connecticut, whether you are an adult or underage. Underage first offenders are subject to the following consequences:
- Up to six months in jail and/or 100 hours of community service;
Can My Child Be Tried as an Adult?
The criminal justice system treats youth offenders differently than it treats adult offenders. The general rule in Connecticut is that children under 16 years old cannot be held criminally responsible for their actions. However, there are certain exceptions to that rule.
Either way, it can be frightening and confusing if your child is arrested. Our experienced juvenile defense attorneys can explain your legal options and answer any and all questions about the criminal justice process. In fact, here are answers to a few questions that parents frequently ask when their children get in trouble with the law:
Q: When can juveniles be tried as adults in Connecticut?
A: Children over 16 years old can be tried as adults. Children who are 14 or 15 years old can also be tried as adults if they commit violent crimes like murder. Children who are younger than 14 can never be tried as an adult, regardless of the crime committed.
Understanding the Bail Process
Norwalk police recently arrested a 35-year-old man in possession of 4,700 bags of heroin, cocaine, and $50,000 in cash. He is being held on a $2 million bond. The man was the subject of an extensive investigation into heroin sales in Norwalk.
Bond vs. Bail
Most people who are charged with committing a crime may be able to post bail or obtain a bond to get out of jail while they are awaiting trial. The terms “bond” and “bail” are often used interchangeably, but they actually have slightly different meanings.
The police set a bail amount when the defendant is arrested. That amount can be increased or decreased by bail staff from the Court Support Services Division or by a judge. Bail is the money that the defendant pays to get out of jail. A defendant who does not have the full cash value of the bail amount may contact a bail bondsman to post bail for a fee.
Understanding Your Miranda Rights
In 1966, the U.S. Supreme Court decided a case called Miranda v. Arizona (which actually represented four consolidated cases). The decision affirmed that criminal suspects in police custody have a constitutional right to an attorney and a right against self-incrimination. If a defendant is not informed of those rights, then any statements the defendant makes to police will not be admissible in court. Here’s a rundown of what happened in those four cases:
Case 1: Arizona police arrested Miranda at his home, and a witness identified him at the police station. He signed a written confession after being interrogated for two hours. That confession was used as evidence at trial, where a jury found Miranda guilty of kidnapping and rape.
Case 2: New York police detained a man named Vignera in connection with a dress shop robbery. While in police custody, Vignera orally confessed to the robbery and was then placed under formal arrest. He was later questioned by an assistant district attorney while a hearing reporter transcribed the questions and answers. Both the oral confession and the transcript were used as evidence at trial. The jury found him guilty of first-degree robbery.
The Law Offices of Daniel P. Weiner in Stamford, Connecticut serves clients in Greenwich, Norwalk, New Canaan, Darien, Westport, Bridgeport, Fairfield, Danbury, Wilton and clients throughout Fairfield County and across Connecticut (CT).
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