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50 Founders Plaza
East Hartford, CT 06108
50 Founders Plaza
East Hartford, CT 06108
Voters in Massachusetts approved a referendum in 2016 to legalize the recreational use of marijuana in the commonwealth. It took more than two years, however, for lawmakers to come up with a structure and regulatory system that would allow for legal retail sales. Last week, the first retail stores finally opened with a great deal of fanfare. In fact, in the town of Northampton, the town’s mayor was the first in line to make a purchase at one of the new dispensaries.
While the debate over recreational marijuana has largely focused on criminal laws—and the differences between laws at the state and federal levels—there are other important concerns as well. Two separate studies recently found a statistically significant increase in car accidents in states that have legalized recreational cannabis. Given the geographic proximity of Massachusetts to Connecticut, motorists in the Nutmeg State may have reasons to be worried.
According to the calendar, winter is still two weeks away, but many parts of the country have already experienced snowfalls. With winter weather, of course, comes the danger of snow and ice on the roadways. Local municipalities often struggle to keep the roads clear for safe travel. At the state level, the Connecticut Department of Transportation (CTDOT) is responsible for clearing state highways and interstates. Unfortunately, however, accidents are not uncommon when roads are covered by snow or ice. Under Connecticut law, it is possible to take legal action against CTDOT for negligence, but a ruling by the state Supreme Court recently limited how far the Department’s liability extends.
In 2011, a man was seriously hurt in an early-morning accident on the Gold Star Memorial Bridge between New London and Groton. The pickup truck he was driving slid on ice, rolled, and crashed into the structure of the bridge. The man’s accident was just one of many that day.
For many people, daytime television is a guilty pleasure—whether they stayed home sick from work or simply took a weekday off for once. During the midday lineup, there are several shows that rely heavily on certain types of tests. Some days, they focus on DNA testing and provide the source of the ubiquitous phrase, “You are NOT the father.” Other days, those same shows ask guests to take lie detector tests, also called polygraphs, to determine if they are being honest with their spouse or significant others.
When we watch shows like these, we realize that they are designed to entertain and keep viewers attention. Few of us actually care whether the test results were accurate. Polygraphs are often used in other applications, however, including in law enforcement and criminal cases, and some institutions continue to rely on them when scientific studies suggest they should not.
Attorney-client privilege is an important part of the American criminal justice system. Under this privilege, a defendant is supposed to be able to communicate freely with his or her lawyer without the attorney being forced to share what was said with prosecutors or law enforcement. The concept works, essentially as an extension of the Fifth Amendment’s right to be free from self-incrimination and the guarantee of due process, the Sixth Amendment’s right to an attorney, and the right to privacy promised by the Fourth and Ninth Amendments to the U.S. Constitution.
In most situations, maintaining confidentiality under the attorney-client privilege is fairly straightforward. Prosecutors, law enforcement, and the government at large do not have the authority or the ability to record or request records of communications between criminal defendants and their lawyers. The situation changes dramatically, however, for those who are already in correctional facilities, including jails and prisons.
Christmas has officially come and gone once again. While some families will still be celebrating through the coming weekend, the Connecticut State Police has released data on the types of arrests, citations, and situations requiring police assistance over the holiday. According to the data, DUI arrests went up substantially over last year, and the number of traffic accidents also increased. Total calls for police service jumped by about one-third.
The State Police provided the information to news outlets this week and included data on calls between 12:01 a.m. on Friday, December 21 and 12:30 p.m. on Wednesday, December 26. During that period, state troopers arrested 55 individuals on suspicion of driving under the influence. This number is almost double the arrests that were made during last year’s holiday enforcement efforts. In 2017, State Police officers made 28 DUI arrests between December 22 and December 26.
The group that owns Webster Bank Arena at Harbor Yard was found to be negligent in a premises liability case involving an 8-year-old boy who fell from the stands during a hockey game. A Bridgeport Superior Court jury has ordered the group to pay $200,000 in damages to the boy who is still reportedly suffering from post-concussion syndrome more than five years later.
The incident occurred in October 2013 while the then 8-year-old and his family were attending the Bridgeport Sound Tigers game at Webster Bank Arena. Before the game started, the boy was leaning against a railing at the edge of the spectator area attempting to give high-fives to the players as they emerged from the locker room on their way to the ice. According to court documents, spectators—especially children—were not only allowed to greet the players at the railing but they were actively encouraged to do so.
Consider a hypothetical scenario in which you are in line at your bank waiting for a teller to call you over. Suddenly, at one of the other teller windows, you see a person holding a gun. The person is yelling for everyone to get down and demanding that the bank employee hand over cash. You realize that there is little to be gained from arguing with a person holding a gun, so you get down on the floor and cover your head with your arms—but not before you sneak a look at the would-be robber’s face.
Now for the million-dollar question: Would you be able to accurately describe the face you saw when the police get your statement later? If you were like most people, you would probably answer the question with a resounding “yes.” If you really were like most people, however, the description you give would probably not match images taken from the bank’s security cameras as closely as you might expect, even though you reported everything exactly as you remembered it. This is one the major weaknesses in eyewitness testimony and one of the most important things to keep in mind if anyone ever claims that they saw you commit a crime.
In today’s digitally connected world, virtually everyone has a voice that can be heard across the globe. Most people, however, do not really think of social media that way, largely limiting their posts and ideas to their friends, families, and followers. Sometimes, though, a social media post can cause a great deal of trouble for the poster, including the danger of being arrested. While it is not common for a person to be arrested for the things they say online, it can and occasionally does happen.
In May of last year, a man in New Hampshire was arrested by local police for comments he posted on Facebook. The man had not made any threats nor were his comments harassing anyone. Instead, the police allege that he violated the state’s law regarding criminal defamation—sometimes called criminal libel in other jurisdictions. The New Hampshire law makes it a criminal offense for a person to “purposely communicate to any person, orally or in writing, and information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule.”
In case we were not convinced, the last few days has proven that winter has officially arrived in New England. As you probably realize, sub-freezing temperatures, along with the ice and snow that typically accompany them, can present a variety of dangers. Icy roads make car accidents more likely, and snow-covered walkways can lead to serious slip-and-fall injuries. Sometimes, snow can contribute to an accident by hiding other hazards, such broken sidewalk slabs or black ice. Such was allegedly the case for a former Vernon resident who recently settled an injury claim against the apartment complex where he once lived.
According to court records, the incident took place in January 2015 after a snowfall. A 41-year-old man fell on the walkway of his apartment complex on West Main Street in Vernon. The man claimed that the walkway was cracked and uneven, but that snow and ice covered up the walkway’s poor condition. He reportedly suffered injuries to his left leg, knee, and hip, and surgery was required to put hardware in his leg.
Being charged with a drug crime is a serious matter. Those who commit these offenses are not only breaking state laws, but they are likely violating federal laws as well. This means an offender can be prosecuted at the federal level with sentencing that is more strict than state sentencing.
A person can be charged with both state and federal drug charges for the same crime, which may seem unfair at first, but ultimately makes sense. When multiple jurisdictions are involved in a crime, double jeopardy does not apply. The idea of “dual sovereignty” gives both states and the federal government the ability to prosecute an offender for the same crime. However, there are a few differences between federal and state drug charges, and it is important to understand them.
50 Founders Plaza
