Recent Blog Posts
"Yes Means Yes": Protecting the Victim or Shifting the Burden of Proof on Connecticut College Campuses?
Allegations of sexual assault on college campuses are sadly not new phenomena, but sex crime defense attorneys across Connecticut are very concerned. Attention to the subject was heightened by the Rolling Stone magazine piece entitled, "A Rape on Campus," wherein the author described an existent rape culture at The University of Virginia. The substance of the article was subsequently proven false, and the article was included in a Columbia Journalism Review piece on The Worst Journalism of 2014. Whether the allegations were true or false, the article thrust the issue into the national political limelight. As politicians are prone to do, the response may have gone too far.
Currently moving through the Legislature is a bill that is the cause for concern for experienced Connecticut criminal defense lawyers who focus on sex crimes defense. The "yes means yes" bill, would require the accused in a sexual assault case in Connecticut colleges and universities to prove that he received an "affirmative consent" from another individual before proceeding with any form of sexual relations. The definition of "affirmative," could include both verbal and non-verbal cues. However, the onus would be upon the accused to prove that consent was given in one form or another.
Watch Out for Connecticut’s DUI Penalties
In an effort to crack down on drunk driving, many states have recently enacted statutes that mete out severe penalties and consequences for those convicted of DUI or a DUI-related offense. Even first-time offenders can easily find themselves facing serious criminal and administrative penalties. For example, the simple act of refusing to submit to a breath test can be punished. In these circumstances, an experienced Connecticut DUI defense attorney is needed to assure you receive the best possible outcome.
Penalties for DUI in Connecticut
Connecticut’s DUI penalties (like those in other states) are meant to deter individuals from driving under the influence. To accomplish this goal, a system of mandatory jail sentences and minimum fines, coupled with mandatory driver’s license suspension periods, is utilized.
- First-time offenders may receive up to six months in jail and up to $1,000 in fines. A first-time offender must serve either two days in jail or complete 100 hours of community service. The minimum fine for a first-time DUI is $500. In addition, a driver’s license will be suspended for a minimum of 45 days and the individual will have to drive a vehicle equipped with an ignition interlock device for at least one year.
Event Data Recorders: What They Are and Why They Matter
In the past, personal injury trials arising from car accidents involved a judge or jury trying to determine fault and responsibility by sifting through conflicting testimony from the drivers and any expert witnesses they hired to support their claims. On occasion, a witness to the accident, debris and skid marks, or other objective evidence was available to provide some support to one driver’s version of events or the other. But where objective evidence was nonexistent, a verdict depended mostly on which driver’s story seemed more credible.
Many cars are now equipped with EDR devices, or event data recorders. Some refer to these devices as “black boxes” for cars, as they take and record several different measurements in the moments before a crash. Specialists with the education and knowledge to read and interpret this data (sometimes referred to as reconstructionists) can then provide information regarding a car’s speed, movements, and activities – literally recreating the moments leading up to the crash. This data can provide much needed certainty and clarity regarding causation and any comparative fault in auto injury cases.
Connecticut Supreme Court Decision Clarifies Underinsured Motorist Claims
Although Connecticut law requires drivers to carry some minimum amount of car insurance, oftentimes those policies do not pay for the full cost of an individual's damages. Connecticut law only requires a motorist to carry $20,000 of coverage per injured person and $40,000 of per accident. In cases where the responsible driver’s insurance is not enough, drivers injured in a traffic accident have another option: they can file a claim against their own insurance carrier provider based on their underinsured motorist coverage, however, there are special doctrines surrounding those claims in Connecticut. The Connecticut Supreme Court recently clarified one of those doctrines in a case relating to a fatal traffic accident, Guarino v. Allstate Property and Casualty Insurance.
How Underinsured Motorist Claims Work In general, damages in traffic accident lawsuits are paid for by the insurance carrier of the person at fault. When those payments are not enough to cover the damages, injured victims can make an insurance claim with their own carrier, up to the limits of their own policy, but only after they have received the full amount payable under the at fault party's insurance. However under Connecticut law, in some cases, the injured party may not receive the full amount of their policy. Instead, they can only receive the difference between what the defendant paid and the amount necessary to cover their damages. For example, suppose a person with a $100,000 underinsured motorist policy gets into an accident with someone who only has $60,000 of insurance coverage. And suppose the accident results in the victim suffering medical costs and other damages of $160,000. If the defendant's insurance carrier pays the full $60,000 allowed by the coverage, then the victim can make a claim against their own insurance for the remaining medical expenses and damages incurred. However, the plaintiff will not be able to obtain the full $100,000 allowed by the policy because they already received $60,000 from the defendant's Insurance carrier . Consequently, the most that they can receive from their own insurance is $40,000 (which is their $100,000 limit minus the $60,000 already paid by the defendant).
Different Types of Connecticut Restraining Orders
Many people appreciate the fact that they can get a restraining order against another person in case they are victims of abusive conduct or harassment. However, what people often overlook is that there are three different types of restraining orders available under Connecticut law, each with their own unique effects. First, there are Protective Orders, which judges in a criminal case can hand down after a domestic violence case. Second, there are Reliefs from Abuse, which are available in family court. Finally, there are Civil Restraining Orders, a new form of relief available in civil court outside of the family context. Importantly, regardless of the type of order issued, a violation of any of them is a Class D felony, punishable by up to five years in prison.
Protective Order
Protective Orders are available from criminal courts in two circumstances. First, if a person has been the victim of stalking by a family member, as defined under Connecticut law, then they may be able to receive a criminal Protective Order. Second, if a person has been a victim of family violence that resulted in the arrest of the other family member, then they may also be eligible for a Protective Order. However, people should be aware that a mere argument or physical abuse does not qualify as family violence, unless there was a likelihood of immediate physical violence. Protective orders, which usually last until the resolution of a criminal case, can forbid a variety of behaviors, including restraining the person's freedom, threatening or assaulting the person, or entering the victim's home. There is also an alternate version of the Protective Order, known as a Standing Criminal Restraining Order, which can stay in effect after the end of the case, usually for life.
The Difference between Kidnapping and Unlawful Restraint
Kidnapping and unlawful restraint are a pair of related crimes under Connecticut law that both have to do with restricting a person's freedom of movement. However, the two crimes are of very different grades. Kidnapping can be charged as a Class A or B felony, while unlawful restraint can only be a Class D felony or a Class A misdemeanor. The difference between the two crimes is the fact that unlawful restraint only requires the offender to restrict the victim's freedom, while kidnapping requires a person to have actually abducted the victim.
Understanding Unlawful Restraint
Connecticut law lays out the basic requirements for unlawful restraint in General Statutes § 53a-96. That section of the law defines unlawful restraint in the second degree, which is a broad crime defined simply as one person's restraining another. There is also a crime of unlawful restraint in the first degree, which occurs when one person's restraint of another places the victim at substantial risk of personal injury.
The Second Chance Society and Drug Laws
Speaking last month at Yale Law School, Governor Dannel Malloy announced a proposal to create a “Second Chance Society,” which would have a major impact on drug laws in Connecticut. The plan is reflective of a larger movement to change how the federal and state governments treat drug crimes. The idea behind the plan is to focus more on rehabilitating drug offenders and allowing them to reenter society, rather than simply locking them in prison, which can create a damaging cycle of recidivism. The proposal would make two important changes to the way that Connecticut handles drug offenses if it became law.
Two Key Changes
The first change that the Second Chance Society initiative would make is a reclassification of many drug offenses as misdemeanors. As long as there was no evidence of intent to sell, the possession of any drug would be treated as a misdemeanor under the new policy. This would minimize the number of non-violent offenders being funneled into the prison system. In particular, it would also give many offenders access to things like Connecticut's pretrial diversion programs, special programs that focus more on rehabilitating offenders than on punishing them.
Federal White Collar Crime
With incidents like the Enron scandal and the Bernie Madoff Ponzi scheme gaining such notoriety in recent years, white collar crime has become a much more public topic. In fact, white collar crime currently makes up almost 10 percent of the federal docket, according to Department of Justice Statistics, as reported by Fortune Magazine. This measurement is particularly important because of the intense role that the federal government plays in prosecuting white collar crime. Although many of the practices that comprise white collar crime are illegal under Connecticut law as well, the majority of the prosecutions in Connecticut are federal in nature. These white collar prosecutions can cover a variety of different unique crimes, including fraud, tax evasion, embezzlement, and money laundering.
Fraud
Fraud is one of the most common types of white collar crime prosecuted because the term is an umbrella for a variety of different types of offenses. In general, fraud is a crime that entails a person deceiving someone else for pecuniary gain. One common example of this is a Ponzi scheme, which involves a person defrauding investors by reporting inflated returns to encourage continued investment, while spending the money the investors provide rather than actually investing it.
Handyman Insurance in Connecticut
With warmer weather now on the horizon in Connecticut, many people may be considering remodeling their homes or making additions. This can be a busy time of year for contractors, so they should take this opportunity to make sure that their insurance is up to date. Many people think that homeowners' insurance will cover injuries to contractors, but that is not usually the case.
Contractor injuries are outside the normal risk profile that homeowners' insurance deals with. Consequently, they are subject to a policy exclusion, meaning that there is a specific clause in the insurance policy that exempts them from coverage. The only time there may be an exception to this is if the homeowner's negligence was the direct cause of the contractor's injury. As such, contractors working in homes should take care to make sure that they are properly covered by other insurance policies, especially since Occupational Safety and Health Administration statistics highlight the unique dangers faced in the construction industry.
Pretrial Diversion Programs in Connecticut: An Alternative to a Criminal Record
Connecticut criminal law has a variety of different goals. In a narrow sense, it exists to punish offenders and to deter people from committing crimes. However, the law also has a more positive purpose; in fact, one of the most important goals of the criminal law system is rehabilitation. Yet, ordinary criminal law punishments like prison or fines are notoriously bad at preventing recidivism. In order to deal with this, the Connecticut legislature introduced a set pretrial diversion programs. These programs are available to some less serious offenders, who can complete the rehabilitative programs and see their charges dismissed.
There are a variety of pretrial diversion programs available in Connecticut, including Accelerated Rehabilitation (AR), the Pretrial Drug Education Program, the Connecticut Alcohol and Drug Abuse Commission Diversionary Program (CADAC), the Family Violence Education Program, and the Alcohol Education Program.
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