Recent Blog Posts
Parole Does Not Mean Complete Freedom
Last week, one of America’s most famous inmates captured the attention of the nation once again—just as he had 40-plus years ago on the football field and 22 years ago in arguably the most publicized criminal trial in our country’s history. This time, O.J. Simpson was up for parole after serving nine years in prison for armed robbery in 2007. The hearing was televised, and millions watched as the four-person parole board announced that Simpson will be released on parole later this year. For many, it may seem surreal that former football star will be going free, but it is important to understand that parole is not the same thing as full freedom.
What Is Parole?
Parole is often confused with probation, and while the two are similar in some ways, they are very different things. Probation is typically used as an alternative to a prison sentence for relatively minor offenses. Some offenders may also receive probation in addition to a short period of incarceration. Individuals on probation serve their sentences while living in the community and under the supervision of probation officers. The court often sets strict conditions of probation and if those conditions are violated, the offender risks being sent to jail.
Two Convicted for Fake Car Accident Fraud Scheme
When you are involved in a car accident, it is common to be left feeling confused, uncertain, and overwhelmed. If you are injured, things may seem even worse. Accident victims often rely on their insurance companies to help them with the financial aspects of recovery and getting the money they need to put their lives back together. In some cases, however, it is the insurance company that is the victim, and the ramifications can be extremely serious.
Dozens of Staged Crashes
Last month, a federal jury in New Haven handed down a conviction for two men charged with fraud and conspiracy related to a string of staged car accidents between 2011 and 2016 in and around Norwich. Four other men pleaded guilty last August. The men were part of a ring that swindled hundreds of thousands of dollars from various insurance companies by staging car crashes and then filing insurance claims for damages and bodily injuries.
Conviction Now Required for Asset Forfeiture in Connecticut
It is rare for lawmakers from opposing parties to completely agree on a particular topic. When they do, the correct path is often so glaringly obvious that it transcends party lines and truly promotes the common good. Such was the case earlier this year when a bill regarding the forfeiture of assets seized in criminal investigations was put to a vote in the Connecticut legislature. In both the House and Senate, the measure was passed unanimously, and earlier this week, Governor Dannel P. Malloy signed the bill into law. The new law looks to protect the rights of citizens by requiring a conviction before the government can permanently confiscate a person’s assets and property.
Understanding Asset Forfeiture
Private assets are often seized by law enforcement and government entities when a person is arrested on criminal charges. If the assets are deemed to be related to criminal activity, the government may look to keep them permanently either as part of the criminal proceedings or in a separate matter in civil court. Prior to the passage of the new law, however, civil asset forfeiture did not require the property owner to be convicted first. Estimates suggest that Connecticut police departments and prosecutors generated nearly $18 million in asset forfeiture between 2009 and 2016, with nearly two-thirds coming from civil proceedings without requiring a conviction.
Court Rules Accident Exacerbated Victim’s Pre-Existing Condition
If you have ever been in an auto accident, you probably felt the effects of the crash for days or even weeks after the fact. Car accidents, obviously, can cause serious injuries such as broken bones, lacerations, spine and neck injuries, and head trauma. But what if you had already been diagnosed with a particular condition and your accident made your pre-existing condition worse? Should you be entitled to recover the costs of treating the new version of an old condition? This exact question was recently put before a jury in Middletown Superior Court.
A Summary of Facts
In August of 2014, a man from Old Saybrook, Connecticut, was driving on a road in Cape May County, New Jersey when he came to a stop in a line of traffic. Without warning, his vehicle was struck from behind by another car, throwing him violently forward. The driver of the second vehicle was found to be at fault for the crash, but her bodily injury liability coverage maxed out at $15,000—an amount insufficient to cover the Connecticut man’s injuries.
Governor Malloy Signs Bail Reform Measure
Over the last several years, Connecticut Governor Dannel P. Malloy has been at the forefront of criminal justice reform. He has championed a series of measures to create what he has called a “Second Chance Society,” which focuses on educating and rehabilitating criminal offenders rather than jumping right into severe punishments. Most of the Second Chance Society efforts have been directed toward helping low-level, non-violent offenders. Recently, however, Governor Malloy turned his attention to those who have not yet been tried or convicted, as he sought to improve the state’s bail system and reduce the population of local and county jails.
Pretrial Justice
When a person is arrested on suspicion that he or she committed a crime, the suspect must often wait several days before he or she is brought before a judge for an arraignment. In the meantime, many defendants are forced to sit in jail because they cannot afford to pay cash bail. The wait is often much longer between arraignment and trial. Even a few days in detention, however, can be problematic for low-income individuals, as they may be forced to miss work. The resulting instability can ultimately lead to a cycle of criminal behavior.
Assumption of Risk by Fans at a Sporting Event
With the exception of a WNBA franchise that plays its home games at the Mohegan Sun in Uncasville, Connecticut has not had a top-level professional sports team to call its own since the NHL’s Hartford Whalers moved to North Carolina in 1997. The state, however, is still home to a number of minor league teams in both baseball and hockey. For many residents, it is also fairly easy to travel to New York to catch a Yankees or Mets game on a warm, summer evening. Amidst the peaceful ambience, certain dangers still exist, as spectators are often at risk for being struck by a ball or bat during the course of a game.
With the potential for injury being so prominent, it is reasonable to wonder why there are not more high-profile lawsuits filed against sports teams and the venues in which they play. Sports spectator lawsuits are not very common because of an important element that is inherent to attendance for most fans: the voluntary assumption of risk.
Should I Refuse to Take a Breathalyzer?
It can be very intimidating to get pulled over by the police, regardless of the circumstances. You see flashing lights behind you, and you hope they are intended for someone else. When you realize that they are for you, your heart starts beating a little faster as you pull off to the side of the road. You stop the car, and it seems like hours before the police officer gets out and approaches your car. Depending on the time of day and the circumstances of the situation, the officer is likely to ask a common question: “Have you been drinking at all tonight?” How you answer that question—along with your overall appearance, demeanor, and other factors—may prompt the officer to ask you to submit to a blood-alcohol content (BAC) test, most often in the form of a breathalyzer. Should you agree to take the test?
Two Different Requests
There are two very distinct phases of a traffic stop involving suspicion of driving under the influence of alcohol or drugs. The first phase is almost purely investigational. The officer gathers as much information as he or she can regarding factors such as how you were driving the vehicle, any presence of slurred speech, the smell of alcohol, and your presence of mind. At this stage, an officer may ask you to participate in field sobriety tests or to take a breathalyzer, and you have the right to refuse with no criminal or administrative consequences. Keep in mind that a test refusal during the first phase may prompt the officer to push a little deeper, looking for other possible signs of your impairment.
Cell Phone Use Still Prevalent on U.S. Roadways
Do you use your cell phone while you are driving? If you can honestly answer that question with a firm “no,” you are squarely in the minority of American drivers, a new study suggests. With cellular phones and mobile devices having been a part of our lives for more than two decades, nearly everyone is aware of the dangers they present while behind the wheel. For a variety of reasons, however, we cannot seem to put our devices down and focus on the road.
Disturbing Numbers
According to a study recently conducted by Zendrive, a driving analytics company, U.S. drivers use their phones in some way on 88 percent of the trips they take. Think about that for a moment. These numbers mean that only about one trip in every ten is completed without the driver using his or her cell phone or mobile divorce. Even more telling was the scope of the research; Zendrive analyzed data collected from more than 3 million drivers covering some 5.6 billion miles of driving. The study’s findings suggest that the issue is not limited to a particular demographic or age group—nearly everyone uses their phone while driving.
New Bill Aims to Protect Student Cell Phone Privacy
In 2014, the United States Supreme Court ruled that the police could not force a person to allow his or her cell phone to be searched unless a warrant was obtained first—even if the person was arrested. Today, however, as technology has continued to advance, school students are more likely than ever to have mobile devices with them in the classroom. If a teacher suspects that a student is violating school rules on his or her phone or tablet, does the teacher have the right to check the student’s device? Connecticut could be about to answer that question as a proposed privacy measure is making its way through the state’s legislature.
Constitutional Protections
The Fourth Amendment to the United States Constitution protects citizens from unreasonable and improper searches and seizures of personal property. Over the years, case law has clarified what constitutes reasonable and proper searches, but such limitations, in general, only apply to law enforcement agencies and government entities.
New Haven Jury Awards $6.4 Million Wrongful Death Verdict
Losing a loved one in any type of an accident is certainly heartbreaking. When a family member is killed as the result of negligence by another person or entity, the situation is often even more tragic. While nothing can truly make up for the grief and pain experienced by the victim’s spouse, children, and other relatives, depending on the circumstances, they may be able to seek compensation for their loved one’s death from the responsible party or parties. As a recent ruling by a New Haven Superior Court shows, in some cases, a wrongful death award can be quite substantial.
A Preventable Accident?
The wrongful death action was filed in New Haven in 2014 following a fatal accident in East Haven two years earlier. In July of 2012, a 51-year-old man was riding his bicycle on Coe Avenue when he was struck from behind by a van driven by a 52-year-old Milford woman. The van was owned by a Guilford-based outreach organization for children and adults with special needs, and the driver was transporting two clients of the non-profit group.
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