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Frequently Asked Questions Hartford Criminal Defense Attorney
What is a violation of probation? A person is put on probation when the court deems it appropriate, such as when a person is convicted of a sex offense, a drug charge or any other crime that requires performance of certain conditions. For example, a person receives a suspended sentence of 7 years for a drug crime, but the sentence is suspended and the person is given 5 years of probation. The condition set by the court is for the person not to use drugs of any kind and will be enforced by random drug screenings. The person subsequently has a "dirty urine" (indicating recent drug use). This person can be brought back to the court for a violation of probation and may receive up to 7 years (the suspended time) in jail. Remember, probation is a privilege, not a right. Back to top Does the law differ between drug users and drug dealers? Yes. In Connecticut, there is a distinction between users and dealers. A first-time user may be eligible for a diversionary program that keeps the person's record free of criminal convictions. Your attorney may be able to persuade the court to put repeat offenders in a drug program, rather than prison. However, courts are not as flexible with drug dealers. If the person is selling large quantities of drugs, he may face prison. Small-time drug dealers may escape prison if your attorney can successfully negotiate an alternative to prison. Also, drugs such as heroin and cocaine are treated more harshly than marijuana. Back to top How does a motor vehicle stop turn into a DUI? The chances of being stopped for a motor vehicle violation or infraction increases greatly later in the evening and early morning, when there are fewer cars on the road. If a police officer stops you, he will be alert to signs that you may be intoxicated, for example, if you fumble with your paperwork (license, registration and insurance card), smell of alcohol, or your eyes are red and glassy. At that point he will ask you to take a field sobriety test, which you can take or refuse. If you fail, he will place you under arrest and will ask you to take a breath test which measures the alcohol content in your blood. You should always be polite and cooperative with the police, but you should not volunteer any information. As to whether or not to take the breath test, every case is different, but refusal to take the test will result in a greater period of suspension of your license than if you take it and "fail." Back to top What is the difference between a felony and a misdemeanor? A felony is a more serious crime than a misdemeanor. Felonies are punishable by one or more years in prison, however in most cases, that period of incarceration may be suspended. A misdemeanor, on the other hand is punishable by up to one year in prison, which again may be suspended. Some employers and colleges may inquire about a person's criminal record, or may inquire as to whether or not a person has any felony convictions only. Prosecutors have flexibility in charging a person with a crime. You can be arrested for a felony, and your attorney may be successful in plea bargaining the charge down to a misdemeanor. Back to top Is a criminal record forever? Not always. In the state of Connecticut, the Board of Pardons has the power to erase a person's criminal record. Getting a pardon is not easy, however. First, you must have completed probation successfully five or more years ago. Second, there must be a stated reason why you deserve a pardon. In addition, you will need reference letters from people who will specifically ask for the pardon on your behalf. Finally, your record since the criminal conviction must be not only spotless, but also must contain a good employment and school history. Obviously, the more accomplishments you name, the more likely you will be granted a pardon. In the federal system, an individual can petition the President of the United States for a pardon. Back to top If you are arrested, what can happen to your case? Obviously, the best result would be a dismissal of the charges, or the prosecutor can "nolle" the case, which means he declines to prosecute and it will automatically become a dismissal thirteen months after the nolle is entered in this state If the above occurs, the reason would be either that the prosecutor has a weak case against you (questionable evidence or witnesses, for example) or your attorney obtains a diversionary program which will result in a dismissal if the conditions of the program are met. Another possible outcome would be a plea bargain, where the prosecutor and your attorney negotiate for a less harsh result that if you went to trial and lost. The plea agreement might call for a period of imprisonment or a suspended sentence with probationary conditions or a plea to a lesser charge. Finally, any citizen in this country is entitled to a trial, either by judge or jury. In this situation, the state must prove its case beyond a reasonable doubt to convict the defendant. If the state cannot, the trier of fact (judge or jury) will acquit the defendant who can then walk of court and never be prosecuted again for that arrest. However, if the jury votes for conviction, the court will sentence the defendant to possibly something harsher than if the defendant had chosen a plea agreement to get rid of the case before the case was tried. Back to top If I want to get a divorce, does there have to be a reason and does the other spouse have to agree to it? Connecticut is called a "no-fault" state, which means the only reason needed is an "irretrievable breakdown" in the marriage, which simply means you and your spouse have differences and problems that cannot be reconciled. If you seek a divorce, the other spouse can slow down the process is various ways, such as filing motions for a variety of reasons, or asking the court for a period in which to attempt reconciliation. But the other spouse cannot prevent you from getting a dissolution of marriage, or divorce. Back to top Must I pay alimony and child support? Child support is required when there are children under the age of eighteen involved. Child support payments are contained in state guidelines and are calculated by such things as the parents' respective incomes. Some cases may allow for deviations from the guidelines. Alimony may be ordered by the court, depending on the length of the marriage and the disparity of income between the husband and wife. The length of alimony as well as the amount is up to the judge, if the parties cannot agree. Back to top What is a protective order? When a person is arrested for a domestic violence related case, the court can grant a full protective order, which prohibits any contact between that person and the victim, or a partial protective order, which prohibits any violence to the victim. When a full protective order is granted, that person may be barred from entering or living in the family or marital home and must seek residence elsewhere until the order is lifted. Back to top Do I need an attorney if get hurt in a car accident? You should hire an attorney if cases such as this. Insurance companies are notorious for trying to settle a case quickly and cheaply. The attorney can negotiate a settlement which will take into consideration whose fault the accident was, the extent of injuries suffered, whether or not there were pre-existing conditions which the injured party suffered from, medical bills and loss of wages. If a settlement cannot be resolved by negotiations, the case will be scheduled for trial. The statute of limitations (the time allowed to file a lawsuit) is two years in this state for a personal injury claim. Often, the insurance company for the defendant will settle after the case has been filed with the court. If the accident was your fault and not the other person's, that other person's insurance company will not settle the claim. Furthermore, since you cannot allege negligence on the part of the other driver, you cannot win a lawsuit against him. If there is damage to your car and you caused the accident, you can still have the damage repaired, but your own insurance company will pay for it, less the deductible under collision coverage – if you have that coverage. Back to top We accept all major credit cards. 
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