Articles Posted in Criminal Defense

COVID has created a lot of disruptions in normal day to day life.   The Judicial Branch has also been struggling with trying to balance the need to achieve the speedy and just administration of criminal cases along with limiting the size of crowds in the court to reduce the potential for the spread of COVID.  Many defendants want to get their cases over quickly as having a case pending can affect job searches, immigration matters and is generally a significant stress factor.   COVID has created a lot of delays in the criminal justice system in 2020 and this trend looks to continue into 2021. This has lead to many cases being continued multiple times and many clients being frustrated with not being able to resolve their pending criminal matter in a timely manner.

It should be noted that the criminal court system has been functioning at some level continuously throughout the COVID pandemic.  At first, during the months of April and May, only domestic violence arraignments and priority one business matters were being heard.  In late June the scope of matters handled was expanded to include all types of pending criminal cases.   (It should be noted that the DMV is proceeding with virtual hearings on administrative per se license suspension appeals in DUI cases). The Judicial Branch has also been facilitating remote virtual judicial pre-trials which have been very useful to help resolve more complex cases.

Batch File Designation Assignment 

On April 17, 2020, Governor Lamont signed Executive Order 7BB which required the use of cloth face coverings in public when close contact is unavoidable starting April 20, 2020.  The order remains in effect as of this writing.  Anyone watching the news or venturing out into the public will note that the mask issue is highly divisive.  People are gathering in state capitals all over the nation to protest stay at home orders and similar mask restrictions.

There are been many violent confrontations in retail stores when shoppers attempted to enter without maks throughout the United States, including one case where a security guard was shot by someone who was not wearing a mask and who refused to leave.  The issue of having to wear a mask is a highly emotional and volatile issue.

People Should Wear a Mask to Protect Others 

Covid-19 has resulted in significant shifts in mobility.  People are working at home, bars and restaurants are closed and social gatherings are canceled for the time being.   Law enforcement has also focused on having minimal contact with the general public and prioritized important cases involving violence. As a result, traffic enforcement stops are down 95% and DUI arrests are also down significantly across the state. Domestic violence reports are up significantly as well as residential and commercial burglary and theft.

Although our courts remain closed, our office remains open and we are here to help you if you have any legal questions.   We expect that the criminal courts will reopen sometime in June although, perhaps using virtual technology if we are lucky.

Arrests for Violation of Public Health Emergency – C.G.S. § 19a-131a 

As the criminal court closure has extended now for over 6 weeks, and with no end in sight many clients who have pending diversionary programs are being adversely impacted.  Given the tight job market, having a pending criminal case could make finding a new job more difficult or impossible.  Also, many clients may have to renew green cards or have other immigration situations which may be adversely affected. In this blog, I am going to give some guidance for what our clients and others can do about the situation.

Courts Have Been Closed Since March 20 

Connecticut criminal courts have been closed since March 20 with no firm date or plan to re-open the Courts yet confirmed. (Courts have been handling only arrangements).  Clients who have pending cases and are enrolled in diversionary programs which as the accelerated rehabilitation program, family violence education program, and pretrial alcohol education program and others may have already passed their originally assigned termination dates for these programs when the charges could have been dismissed.  Because the courts are closed there is no one to verify that you have successfully completed the requirements of the program and no judge to enter an order dismissing your charges.

We are facing a national and worldwide crisis.  Everyone has their own role to play in facing the challenges which we all must face to get through this crisis while trying to keep the loss of life at a minimum.  Make no mistake many lives will be lost and hundreds of people are dying every day.

Reckless Endangerment 

Recently, a man who was exposed to COVID-19 in Stamford left his place of self-quarantine and assaulted his girlfriend. By committing this act he placed his girlfriend, first responders, and court personnel at danger of contracting the virus.  The Stamford Police are considering charging the man with the crime of reckless endangerment.

As everyone knows, for better or worse, the COVID-19 virus (coronavirus) is going to be a part of our lives for the foreseeable future. To help prevent hospital overcrowding and slow down the spread of the pandemic, our state and national government have implemented mandatory social distancing policies. The goal is to limit large gatherings of people where the virus can infect more people. By creating social distancing, society can slow down the spread of the virus.

Connecticut Judicial Branch COVID-19 Policy for March 

I am wiring to inform my existing criminal clients how the judicial branch order of March 12, 2020, is going to impact your pending criminal matters. I had previously written a blog about the danger that attending court posed for the spread of the virus. Hartford has taken swift action to protect the public.