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Hartford criminal defense lawyer for pardons and deportationIn the United States, immigration has always been a topic of interest, especially in recent years. For many years, immigration requirements have stated that an immigrant who commits certain crimes can lose their citizenship or residency status, and they may be deported by immigration enforcement officials. Immigration laws are complex, and there are many provisions relating to what happens when a non-citizen commits a crime, which is why help from a skilled criminal defense attorney is important in these types of cases.

English Immigrant Receives Pardon for Crimes

In a recent case, an English immigrant who was previously convicted of crimes is still being held in an Immigration and Customs Enforcement (ICE) detention facility in Boston. ICE is still attempting to deport her, even though she received a full pardon for her crimes. The woman, who is currently a lawful permanent resident of the United States, was four years old when she came to the U.S. with her mother. The crimes that ICE is attempting to deport her for include misdemeanor retail theft charges and a felony larceny charge.

Hartford Woman Still Faces Deportation

Connecticut’s Attorney General has been fighting to stop the deportation that ICE is insisting on. ICE has been trying to deport the woman since 2012. In March of 2019, ICE detained the woman, and one day later, the state of Connecticut issued a full and unconditional pardon for her crimes. ICE is arguing that Connecticut’s pardon does not absolve the woman of her crimes, because the pardon was not granted by the state’s governor, but rather by the Connecticut Board of Pardons and Paroles.

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Hartford criminal defense lawyer for teen sex offensesAdvances in technology are constantly happening. Every day, it seems as if there is a new device, app, or way of digitally communicating with one another. While technological advancement and evolving behaviors can be beneficial for society, they often pose legal problems. A relatively new act called “sexting” is one of the latest challenges that has been posed to lawmakers across the country, and both parents and children should be aware of the potential sex crime charges that could result from this type of activity.

What Is “Sexting?”

Sexting is a type of sexual behavior that occurs when two people consensually share explicit photos, videos, or messages through an electronic device. According to a study published in the journal JAMA Pediatrics, around 27 percent of teenagers say that they have received such a text message, while 15 percent of teens admitted that they have sent such a message.

Sending, receiving, or possessing sexually explicit depictions of minors is illegal. But how are cases handled when those depictions are sent, received, or possessed by minors themselves? Often, cases like these are treated in a similar manner as other child pornography cases, and the person who was found in possession of the material is charged with a sex crime and required to register as a sex offender.

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Hartford sex crimes defense attorney sex offender registrySex crimes are some of the most serious crimes you can be charged with in the United States. If you are convicted of certain sexual offenses, you could be required to register as a sex offender in the state where you reside. Sex offender registries are available for the public to access, meaning anyone can see your information on the registry website, including your address and the offense you were convicted of. This can make it hard for those who have been convicted of a sex crime to find a job or a place to live, which is why the state of Connecticut is currently considering changes to the state sex offender registry.

Major Changes to Registry

There are a couple of major changes to the Connecticut sex offender registry that have been proposed in SB 1113. If the bill becomes law, a new sex offender registry board would be created. The board would determine the length of time a person will remain in the registry by examining each person’s risk of re-offending based on information provided by probation and parole officials. The goal would be to make decisions based on the person’s risk, rather than the actual offense they allegedly committed.

The bill would also create two different sex offender registries -- one that is much like the current one and available to the public, and one that is only available to law enforcement. The public registry would contain information about high-risk offenders, while low-risk offenders would be placed in the private registry.

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Hartford sexual assault charges defense attorneyMost people understand that forcing someone to have sex with them when they clearly do not want to is wrong. This crime is called sexual assault or rape, and it is addressed in each state’s laws, though the definitions, situations, and punishments for sexual assault differ from state to state. A fairly new issue in the laws concerning sexual misconduct is the idea of “rape by fraud.” This idea may sound far-fetched, but it has happened before -- and more than once.

A Case of Sexual Deceit

In 2017, a Purdue college student fell asleep in her boyfriend’s dorm and was woken up by a person she thought was him who prompted sex from her. She soon realized that the person was not her boyfriend, but was, in fact, one of her boyfriend’s friends who had sex with her, knowing that she thought he was her boyfriend. The woman went to the police and pressed charges of sexual assault. The imposter was arrested and charged with two counts of rape, which carried a sentence of 3 to 16 years in prison. However, the state of Indiana does not specifically have laws pertaining to “rape by fraud,” and the alleged perpetrator ended up being acquitted of the charges and having his criminal record expunged.

The Issue With Consent

One of the biggest issues that can complicate cases involving sexual deceit is the fact that consent is rarely defined in sexual assault laws. Most states do not have an explicit definition of what constitutes consent, including Connecticut. The states that do have definitions for consent will typically describe it as positive cooperation in act or attitude where a person exercises their free will and has knowledge of the act that is happening. Without an explicit definition, consent is often a gray area. A person may be interpreted as having given consent in a wide variety of circumstances, ranging from a lack of physical struggle to explicit positive affirmation.

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Connecticut criminal defense attorney immigration deportationThroughout much of the country’s history, the United States government has used the criminal justice system to prevent certain immigrants from entering the country and to deport immigrants already in the U.S. The term “moral turpitude” first appeared in the Immigration Act of 1891, and this and other laws have held immigrants to a high moral standard. The Immigration Act of 1996 added even more vague language surrounding crimes involving moral turpitude (CIMT), and it gave law enforcement agencies and state officials the ability to broadly define these types of crimes in immigration cases.

What Is a Crime Involving Moral Turpitude?

According to the Board of Immigration Appeals (BIA), a crime involving moral turpitude is “an act which is...morally reprehensible and intrinsically wrong.” The BIA has also stated that a CIMT is any crime that involves conduct that is “inherently base, vile or depraved, and contrary to the accepted rules of morality and the duties owed between people or to society in general.” Many officials have pointed out that the definitions of CIMTs are very broad and that there are no specific crimes that are always classified as CIMTs.

Crimes involving moral turpitude are determined on a case-by-case basis, though crimes involving the following tend to be classified as CIMTs:

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