Connecticut Criminal Lawyer Blog

General Statutes Sec. 54-56e, Accelerated Rehabilitation, establishes a discretionary pretrial diversionary program in certain criminal cases. It suspends criminal prosecution for a stated period of time subject to such conditions as the court shall order. If the defendant satisfactorily completes the probationary period he may then apply to the court for dismissal of the charges lodged against him. State v. Fanning, 98 Conn.App. 111, 115 (2006).

However, an arrest during the probationary period, without more, is insufficient to terminate participation in the program. Id. Specifically, the fact of an arrest, without more, is an insufficient basis for the court to determine by a fair preponderance of the evidence that the defendant had "violated any criminal law", General Statutes Sec. 53a-30(a)(7); in order to terminate the probation. Id. at 122. As always, you should consult with an attorney in order to assess your specific case.

Posted by Nicholas Adamucci | Permalink | Email This Post

Posted In:

Bookmark:

Generally, restraining orders are different than protective orders in that they are civil as opposed to criminal. In other words, normally one applies for a restraining order at the civil clerk's office. Thereafter, the civil court, upon sufficient evidence, then orders the restraining order. The penalties for a violation of the restraining order are civil penalties, as opposed to criminal consequences.

On the other hand, criminal protective orders typically apply in a family violence situation and are usually issued after an accused has been arrested for committing a family violence crime.
The penalty for violating the protective order is a criminal violation, as opposed to a civil penalty. Both essentially accomplish the same purpose, protecting a particular individual. However, the methods for obtaining either order and the consequences for violating the orders are different. As always, consult an attorney for further advice.

Posted by Nicholas Adamucci | Permalink | Email This Post

Posted In:

Bookmark: