Subscribe to this list via RSS Blog posts tagged in Connecticut Criminal Defense Attorney

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.

...

Hartford, CT criminal defense attorney for false confessionsThose who are accused of committing crimes will often be unsure about their rights and the procedures followed when they are arrested and questioned by police officers. Unfortunately, this puts many people at a serious disadvantage, and they may say or do things that could be used against them in a criminal case. In far too many cases, police officers manipulate suspects into confessing to crimes that they did not commit, leading to convictions and lengthy prison sentences for those who are innocent. 

It is impossible to know how many people throughout the United States have been convicted based on false confessions. However, The Innocence Project, which has used DNA evidence to exonerate hundreds of people who have been wrongfully convicted, reports that false confessions were a factor in 29% of these cases. Those who are facing criminal charges or accusations will want to be sure to understand their rights and the ways they can avoid incriminating themselves.

Police Officers Are Allowed to Lie to Suspects

In most cases, false confessions occur because police officers mislead suspects or tell outright lies. The “Miranda rights” that protect suspects in the United States allow a person to decline to speak to police officers, while also giving them the right to have an attorney present during an interrogation. However, while police officers are required to inform suspects of these rights, they are not restricted from making misleading or false statements during an interrogation.

...

Hartford criminal law attorney for Fourth Amendment rightsPeople in the United States have the expectation that their Constitutional rights will be protected in encounters with law enforcement officials. The Fourth Amendment provides protection against unreasonable searches, and this typically means that before police officers or other officials can search a person’s home, vehicle, or electronic devices, they must either receive consent from the person, or they must obtain a search warrant that is based on probable cause that the person has committed a crime. While these rights apply to people within the United States, many people do not realize that when traveling internationally, their phones, laptop computers, or other electronic devices may be subject to searches by customs agents, and in many cases, these searches are performed without obtaining warrants or receiving consent from a device’s owner.

Appeals Court Considers Legality of Border Searches

Concerns about the increasing use of warrantless searches by customs agents have been raised by advocates for privacy and civil liberties. In 2017, the Customs and Border Patrol (CPB) conducted more than 30,000 searches of electronic devices at U.S. borders, which was a massive increase from about 8,500 searches in 2015. Current CBP policies allow agents to open a person’s device and search through its contents, and agents can confiscate a device for up to five days without providing a reason for doing so. 

A number of lawsuits have been filed against the Department of Homeland Security by people who have been subject to these types of searches. In one case that is currently being heard by the First Circuit Court of Appeals, a group of 11 people are challenging the CBP’s policies, claiming that their First and Fourth Amendment rights were violated by border searches. The plaintiffs are all either U.S. Citizens or lawful permanent residents (Green Card holders), and customs officers conducted searches of their devices without obtaining warrants or accusing them of any crimes. In some cases, devices were confiscated and kept for multiple weeks or months.

...

Hartford, CT criminal defense attorney for discretionary releaseWhile the COVID-19 pandemic has affected everyone’s lives in a variety of ways, it has impacted prison inmates disproportionately. For those who are held in correctional facilities, it can be difficult or impossible to follow social distancing recommendations, and inmates may be unable to avoid becoming infected. The risk of infection has caused concern about the ongoing safety of inmates, especially since they often do not have access to adequate medical care. Because of this, the number of discretionary releases being granted by Connecticut state officials has increased, and advocates are calling for more releases, including for people being held in pre-trial detention and those who have been charged with or convicted of low-level offenses.

What Is Discretionary Release?

A discretionary release occurs when an inmate is allowed to leave prison before their sentence has been completed. In many cases, this release will take the form of parole, which will require a person to meet certain conditions before being released, while also requiring them to follow certain rules and restrictions following their release. A parolee will be under the supervision of the Connecticut Board of Pardons and Paroles. Violations of the terms of a person’s parole will result in their being taken into custody by a parole officer, and a hearing will be held to determine whether parole should be modified, extended, or revoked.

Discretionary Release During COVID-19

The state of Connecticut has increased the use of discretionary releases during the COVID-19 pandemic, and as a result, the population of prisoners has decreased by about 25% since March of 2020. However, groups such as the American Civil Liberties Union (ACLU) have advocated for the release of more prisoners through pardons or other forms of discretionary release. They have also called on Governor Ned Lamont to use the emergency powers granted to him by the state’s constitution during a public health emergency, which allow the governor to take appropriate measures to protect the health and safety of inmates in state prisons.

...

Hartford criminal law attorney for jury trialsThe coronavirus pandemic has affected the legal system in many ways, and some defendants have been left in limbo as they await a trial. To protect public safety, the courts in Connecticut have significantly reduced their capacity, and no criminal jury trials have been held in the state since March of 2020. While courts have taken protective measures and planned to begin holding trials, continued concerns about COVID-19 infections have delayed proceedings, and multiple cases involving court employees who have been infected have led some to call for the closure of courts for the time being. Because of this, many criminal defense attorneys are concerned about how this ongoing situation will affect the rights of defendants.

Delays in Trials Due to Difficulty Finding Jurors

The Sixth Amendment to the U.S. Constitution guarantees that those in the United States who are facing criminal charges have the right to a speedy, public trial before an impartial jury. Postponing criminal trials indefinitely would violate the rights of defendants, so courts have been working to determine how to resume these trials while still protecting the safety of everyone involved, including defendants, judges, attorneys, jurors, witnesses, and others who would be present in court.

Courts have taken steps to protect the safety of those who would be present during trials. These include requiring masks for everyone involved in a trial and following social distancing guidelines, as well as installing equipment to circulate clean air into courtrooms. However, the primary issue that is delaying trials is the difficulty of finding people who are willing to serve as jurors. Many people who have been contacted for jury service have not responded to summons, or they have asked to be excused because of concerns that they or their family members could be at risk of COVID-19 infections.

...
Logo Image 50 Founders Plaza
East Hartford, CT 06108
Phone: 860-290-8690
Fax: 860-290-8697
We are available by appointment during evening and weekend hours, if necessary.

Facebook   Twitter   Our Blog