Connecticut criminal law attorney for probation violationsThe issue of mass incarceration has received a great deal of attention in recent years. However, probation is another aspect of the criminal justice system that affects even more people than incarceration, and advocates for criminal justice reform believe that it is used far too often and imposes unnecessary restrictions that affect people’s rights. Because of this, many are calling for changes to laws and policies that would increase protections for people who are involved in criminal cases and help them receive the treatment and rehabilitation they need.

Problems With Probation

The Bureau of Justice Statistics has reported that in 2018, 3.54 million people in the United States were serving a sentence of probation, while 1.6 million people were incarcerated in jails and prisons. This illustrates how often sentences of probation are issued in criminal cases. In fact, probation is often the default sentence imposed when defendants make plea bargains with prosecutors and agree to plead guilty in order to receive lesser charges.

While probation is often seen as an alternative to prison that allows a defendant to receive rehabilitation while remaining integrated into the community, it can impose a number of restrictions that affect people’s rights. Those on probation are subject to supervision, monitoring, and other forms of control, and they are often required to follow multiple types of arbitrary conditions that are unrelated to their criminal charges. 

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Hartford, CT criminal defense attorney for illegal search and seizureEven though nearly everyone carries a cell phone with them at all times, it has become more and more clear in recent years that this practice exposes a great deal of our personal information. For those who may potentially face criminal charges, police officers or other law enforcement officials may be able to access location data and other information that can be used as evidence. This was made clear following the riots that took place in Washington, D.C. on January 6, 2021. While investigating and prosecuting those who were involved in these incidents, the FBI has accessed multiple different types of personal data. This has raised questions about what types of information are available to law enforcement officials and whether the collection of this data violates people’s constitutional protections against illegal search and seizure.

Location and GPS Data and Search Warrants

Typically, if law enforcement officials wish to access an individual person’s data, such as the calls they have made or the text messages they have sent, they are required to obtain a search warrant. Even if police officers and federal officials cannot access a person’s phone, they may use a variety of other methods to collect data that can provide them with information about people’s location and communications. In some cases, they may request “tower dumps” from cell phone companies to track people’s locations by identifying everyone who connected to a certain cell tower at a certain date and time.

As the use of tower dumps has become more well-known, some courts have found that police must obtain warrants before accessing this type of cell-site location information (CSLI). However, officials may be able to use other methods to access a person’s data, including GPS location data and personal information gathered by other apps. 

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Hartford weapons charges defense lawyerIn recent years, the use of deadly force by police officers has become a major concern for people throughout the United States. Police shootings occur regularly, and they often result in the deaths of suspects, including people who were unarmed or those who potentially could have been subdued by other means. In some cases, police are authorized to use deadly force against those who are wielding knives or other weapons. To avoid becoming a victim in these types of situations, those who could be arrested on criminal charges related to knives or other weapons will want to understand when police officers are permitted to use deadly force.

Recent Appeals Court Decision Illustrates When Deadly Force May Be Used

A case that was recently heard in the 9th Circuit of the U.S. Court of Appeals involved an incident in which police officers killed a man who was armed with a knife. The man committed “suicide by cop” in which he called 911 and falsely reported an assault by a man with a knife. When two officers arrived at the scene, he ran toward them while carrying a knife, and the officers opened fire. He was fatally wounded after being shot 10 times.

The man’s survivors pursued a civil rights lawsuit against the officers, but their case was dismissed by a district judge, who ruled that the officers’ use of deadly force was justified. The appeals court reviewed the case and looked at some of the key facts of the issue, including whether officers followed what is known as the “21-foot rule.” This is not an actual rule followed by police departments, but more of a guideline that states that a person carrying a knife or a similar deadly weapon may present a threat if they are within 21 feet of an officer, and this may justify the use of deadly force.

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East Hartford criminal defense attorney for electronic evidenceIn the 21st century, we live in a digital world, and this means that the regular use of computers and other electronic devices leaves a trail of data about a person’s location and activities. In many cases, the collection of data is harmless, and it can even be beneficial, such as when apps are used to track information about a person’s diet and provide recommendations about how they can improve their health. Unfortunately, many people do not realize just how much information about themselves they are sharing and who can access this information. Those who are facing criminal charges should be aware of what types of data could potentially be accessed by law enforcement and how this information could be used as evidence in their case.

Types of Data That May Play a Role in Criminal Cases

In recent years, law enforcement officials have expanded their efforts to obtain information that can be used to identify potential criminal suspects, investigate their whereabouts and activities, and determine whether they have probable cause to arrest a person and charge them with a crime. These investigations may involve information from many different sources, including:

  • Cell phones - The data stored on a person’s smartphone can be used to verify their location, movements, and activities and the people they called or sent messages to. However, even if law enforcement is unable to directly access a person’s phone, they may be able to use other methods to gather information that could be used in a case. Officials may request “tower dumps” that list all of the phones that connected to a cell phone tower during a certain period of time, or they may receive other records from cell phone companies or mobile apps, and they have tools that allow them to analyze this data and track individual users’ locations and the people they have communicated with.

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East Hartford criminal defense attorneysThere is little question that 2020 has been difficult on all of us. However, certain segments of the population have been disproportionately affected, including communities of color, according to a prominent group of business professionals. With this in mind, the group—called the Business Roundtable—issued a series of recommendations earlier this week regarding both corporate and public policies, including many related to criminal justice, to improve racial justice and equity moving forward from the recession, COVID-19 pandemic, and police violence protests of 2020.

The Business Roundtable is an organization that consists solely of chief executive officers of major American companies. Together, the represented companies employ more than 15 million workers and report over $7 trillion in yearly revenues. The CEOs that comprise the Business Roundtable are from all 50 states, and they work with communities, policymakers, and workers “to build a better future for the nation and its people.”

A Multi-Faceted Agenda

The recommendations that were released this week addressed six main areas of concern: education, employment, finance, housing, health, and the U.S. justice system. The justice system recommendations are largely focused on offering second chances to individuals looking to improve their lives despite having a criminal record. Some highlights of the recommendations include:

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