Connecticut Criminal Lawyer Blog

DUI Cases in Connecticut

Published on: May 7, 2023 | by Allan F. Friedman Criminal Lawyer

Lady-Justice--e1581224208144-225x300
Statistics show that 10% of all criminal arrests made in the US are comprised of DUI arrests. This shows just how common DUIs are all across America. That said, it is important to understand that DUIs will differ everywhere you go. If you live in Connecticut, the DUI process may look a little different than in Ohio. If you have been charged with a DUI in Connecticut, there are important things you will need to understand about what happens afterward. This article will break down every aspect of a DUI case you need to know about. Keep reading to discover about DUI cases and what happens when you get a DUI in Connecticut.

What Classifies as a DUI in Connecticut?

Drugs and alcohol are against the law when operating a vehicle if they impair your driving ability. This is because alcohol and drugs affect your ability to safely focus on the road and operate a vehicle. In Connecticut, a DUI stands for driving under the influence. You can receive a DUI if you are operating a motor vehicle under the influence of alcohol or drugs. It’s important to understand that these offenses can be prosecuted without direct evidence. Direct evidence would be the blood alcohol concentration of the person driving or BAC. This evidence is not always required if the person is obviously impaired. If you are operating a vehicle in Connecticut, this is also considered to be your automatic consent to a BAC test by operation of statute if the police have probable cause to make an arrest for DUI. You are legally intoxicated if the BAC shows .08 or above. This only applies to adults over the age of 21. You are considered intoxicated if your BAC is .02 or higher as a driver under 21. In some cases, even if you refuse a chemical test, police can claim intoxication based on your condition and actions. There are different tests that they can do without the BAC to determine this, such as a field sobriety test, but it is not always concrete. A field sobriety test is a subjectively scored test that many sober people will fail and is considered unreliable. The best Connecticut DUI lawyers will always advise you to refuse a field sobriety test and not answer any police questions about whether or not you were drinking or using drugs.

DMV License Suspensions for a DUI Arrest

Published on: December 26, 2022 | by Allan F. Friedman Criminal Lawyer

Handcuffs-orange-GMB-geo-tagged--300x225 Many clients do not understand that an arrest for a DUI will result in two separate proceedings against them. The first is a criminal case in the Superior Court. Many first-time offenders may be eligible for the IDIP diversionary program, which can result in the dismissal of the criminal DUI charge. However, regardless of the outcome in the Superior Court with the DUI allegation, the CT DMV will usually institute a separate administrative procedure to suspend your license. The DMV case is adjudicated in a separate administrative appeal by the DMV, not the court.

DMV Administrative Per Se License Suspensions

When you are arrested for a DUI, the arresting officer, in most cases, will ask you to perform a chemical test to determine if you are intoxicated. It is challenging as you must decide quickly whether to take the chemical test. Since 2014, Connecticut has gone to an all-offender interlock system in which all license suspensions from the DMV are for 45 days, followed by a period when an interlock device must be installed in the vehicle.

Is Shoplifting an “Arrest” and how to Resolve a Shoplifting Case

Published on: November 5, 2022 | by Allan F. Friedman Criminal Lawyer

Shoplifting is a Misdemeanor in Connecticut

Many clients who contact our office about a shoplifting arrest do not think that it is an “arrest” because, in most cases, the police do not put handcuffs on you and bring you to the police station. Rather, most of the time, the police will issue you a misdemeanor summons and complaint ticket. Because these summonses resemble traffic tickets, many people erroneously assume that the fact they were issued a black book ticket means that they were not arrested. On the contrary, a shoplifting charge is usually larceny in the 6th degree, a criminal offense. The difference between larceny in the 6th C.G.S. 53a-125b and larceny in the 5th degree C.G.S. 53a-125a depends on the value of the items alleged to have been stolen. Larceny in the 6th degree covers alleged thefts up to $500 larceny in the 5th-degree covers thefts over $500 to a maximum of $1,000. These are both considered crimes of moral turpitude as they relate to the honesty and trustworthiness of an individual. As such, it is important when charged with shoplifting to contact the best Stamford criminal attorney to explore the best way to get your case resolved without obtaining a criminal record for shoplifting.

In some situations, a good criminal defense attorney can convince the State’s Attorney to nolle or drop the charge based upon mitigating circumstances. In other cases, it may be necessary to use a diversionary program such as the accelerated rehabilitation program. The best course of action is to review the circumstances of your case with an experienced attorney to plan the best approach to resolving your case.

What To Do if You Have a Diversionary Program Termination Date Postponed By Covid-19?

Published on: May 9, 2020 | by Allan F. Friedman Criminal Lawyer

court-300x225 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.

Guide for Handling Your Domestic Violence Arrest During the COVID-19 Crisis

Published on: April 4, 2020 | by Allan F. Friedman Criminal Lawyer

Stamford-Criminal-Lawyer-1-300x225
Dometic violence arrests were on the rise in Connecticut even before the COVID-19 crisis. Since people have been locked in their homes doing social distancing – arrest rates for domestic violence have sky-rocketed. In this blog, I want to talk a little bit about what is driving this spike in domestic violence arrests and what clients can do to be prepared to get their cases resolved favorably when the Courts re-open after the crisis.

COVID-19 Crisis is Creating a Lot of Family Pressure

The COVID-19 is putting everyone under emotional and psychological stress. This stress is effecting some families adversely.

5 Things to Know About Connecticut Pretrial Diversionary Programs

Published on: March 18, 2020 | by Allan F. Friedman Criminal Lawyer

police-line-300x225
In this blog, we are going to review five things that people should know about pretrial diversionary programs in Connecticut.

If you have been arrested for a serious motor vehicle offense or crime in Connecticut, one option is to plead not guilty and take your case to trial. Going to trial has many disadvantages as trials are very costly, and the results are never guaranteed no matter how strong a case you have. The other option is to accept a plea bargain, which many clients don’t want to do, especially if they are not guilty.

Diversionary programs are a way to resolve your case without going to trial and obtain a dismissal of the charges against you. In some situations, using a diversionary program is the ideal way to resolve your criminal charges. Diversionary programs are commonly used in Connecticut. We have a multitude of diversionary programs available for various circumstances. If you have been arrested for any crime or serious motor vehicle offense, you should consult with an experienced Connecticut criminal defense lawyer to review all of your options.

Defending Disorderly Conduct as a Domestic Violence Charge in Connecticut

Published on: March 17, 2020 | by Allan F. Friedman Criminal Lawyer

domestic-violence-photo-3-Greenwich-300x200

What Is Disorderly Conduct in Connecticut?

Disorderly conduct is one of the most commonly charged offenses in Connecticut, and when it involves family members, spouses, or people living together, it is treated as a domestic violence offense. While it is only a Class C misdemeanor, the consequences can be life-changing. A conviction can leave you with a permanent criminal record, damage your reputation, and affect your job or family situation.

The Law: C.G.S. § 53a-182

What To Do if You Are Arrested For Domestic Violence in Connecticut?

Published on: March 15, 2020 | by Allan F. Friedman Criminal Lawyer

Domestic-Violence-new-Photo-300x200-300x200 In this blog, I am going to give you five things to do if you have been arrested for a domestic violence crime in Connecticut. Domestic violence arrests are more common than any other kind of arrest. This is because there is a mandatory arrest statute for all domestic violence crimes that require the police to make an arrest when they find probable cause that a domestic violence crime has occurred. There are a lot of very effective ways to defend domestic violence allegations. It is essential from the moment that you are arrested not to make the situation worse. Here are five things you can do to help improve your situation.

Be Prepared For Your Next Day Arraignment in Court

In every domestic violence case, there is a mandatory next day arrangement where orders of protection will issue against you. At this court date, you will have your first meeting with the office of family relations, and they will make a recommendation about the order of protection. The big question is what kind of order will be entered by the court. If you live in the same home with the victim or have minor children in common, these orders of protection can be of huge importance. It would be best if you never went into court without consulting with an attorney first. While sometimes it may be challenging to find an attorney on such short notice, you should at least have a consultation with an attorney and review your options for the arraignment. Too many domestic violence clients wind up getting arrested and then amble into court the next morning and hope for the best. This is not the best practice. It is advised that you seek legal counsel and prepare for your meeting with the office of family relations and arraignment.

Over Reaction to the Dulos Case – Legislative Proposals In Hartford to Expand the Definition of “Domestic Violence”

Published on: March 8, 2020 | by Allan F. Friedman Criminal Lawyer

domestic-violence-photo-3-Greenwich-300x200
Everyone in Connecticut including the author is outraged about the death of Jennifer Dulos. For those who may have been living under a rock for the last year, Jennifer was in the midst of a “high conflict” divorce case in Stamford Superior Court last May when she disappeared. Her estranged husband Fotis Dulos was later charged with her murder and he committed suicide while awaiting trial on bond. I have written extensively on how the Dulos case has had a profound effect on pending domestic violence cases throughout Connecticut.

The Dulos family had no prior arrest history and apparently there was nothing to give the court any reliable indication that a violent murder would occur. As a result, other courts have become more cautious about resolving pending domestic violence cases.

We live in a reactionary society. Jennifer Dulus was the number one most searched term on google in the state of Connecticut in 2019. The circus is just getting started with the trial of the co-conspirators of Fotis Dulos still looming this case will be in the spotlight of the media for months to come. People are upset and outraged that the court system let Jennifer down and they are looking for someone to blame. It’s strange that they can’t just accept the fact that the family court divorce system is overloaded and that a homicidal maniac like Fotis Dulos just happened to snap under the financial pressure he was facing.

The Presumption of Innocence – Was Fotis Dulos Treated Fairly?

Published on: February 17, 2020 | by Allan F. Friedman Criminal Lawyer

consitution-1-300x185
Everyone thinks that Fotis Dolus killed his estranged wife. After all, that is what the state alleges he did in the arrest warrant charging him with her murder. Why even bother with the trial? Let’s face it the crime he was accused of was so horrible and unthinkable no one wants to forgive him or even consider that he may somehow “get away with it” like OJ Simpson did. Should the presumption of innocence be reduced when the allegations are particularly egregious? Is everyone entitled to the same presumption of innocence? Shouldn’t we have to wait until the time of trial to have a determination of guilt or innocence?

Before I get any further in this blog, I know that there are strong passions involved in this case and I don’t condone anyone who commits a violent act against anyone, particularly the mother of their children. I am not writing to support Fotis Dulos or condone his actions. I am writing to question what has happened to the presumption of innocence and if the general public really understands what that concept means?

The Presumption of Innocence