Chaplin

Facing a criminal charge can be stressful, especially if you are not familiar with how Connecticut’s court system works. People in Chaplin may find themselves dealing with charges involving DUI, drugs, failure to appear, theft, family violence, or other criminal allegations. They may also need help with an appeal, a juvenile matter, or clearing an old criminal record through Connecticut’s pardon process.

Connecticut criminal laws generally apply throughout the state, but every case is different. The charges, evidence, criminal history, and circumstances surrounding an arrest can all affect what happens next.

Below is a general overview of several areas of Connecticut criminal law that may affect people in Chaplin.

DUI Charges in Connecticut

Connecticut’s primary DUI law is Connecticut General Statutes §14-227a. It prohibits driving while under the influence of alcohol, drugs, or both.

For most drivers, Connecticut has a legal alcohol concentration limit of 0.08%. For drivers under 21, the limit is 0.02%.

A person can face a DUI charge based on allegations that alcohol or drugs affected their ability to drive safely. A DUI charge can also be based on a chemical test showing an alcohol concentration at or above the applicable legal limit.

A DUI arrest can create two separate problems: the criminal court case and a driver’s license matter with the Connecticut Department of Motor Vehicles.

Depending on the circumstances, refusing a chemical test or failing one can lead to a license suspension and requirements involving an ignition interlock device. These DMV consequences are separate from the penalties that can result from a DUI conviction in criminal court.

Police investigating a possible DUI may also use field sobriety tests. Common tests include the horizontal gaze nystagmus test, walk-and-turn test, and one-leg stand test.

How these tests were conducted can matter. The instructions given by the officer, road and weather conditions, a person’s physical condition, and other circumstances may affect how the results are evaluated.

Breath, blood, and urine testing may also be used in DUI cases. Connecticut has rules governing how these tests are performed and when the results may be used in court.

The possible penalties depend heavily on whether someone has prior qualifying DUI convictions.

A first conviction generally carries a fine of $500 to $1,000, possible jail time of up to six months subject to Connecticut’s sentencing rules, a 45-day license suspension, and ignition interlock requirements after driving privileges are restored.

A second qualifying conviction within ten years can carry a $1,000 to $4,000 fine, up to two years in jail with a mandatory minimum portion of the sentence, a 45-day license suspension, and three years of ignition interlock use after restoration. Additional driving restrictions apply during the first year.

A third or subsequent qualifying conviction within ten years can carry a $2,000 to $8,000 fine and up to three years in prison with a mandatory minimum portion of the sentence. It can also result in permanent license revocation, although Connecticut law provides procedures through which restoration may eventually be possible.

Because prior convictions can significantly change the potential consequences, DUI penalties should be evaluated based on the person’s individual history and circumstances.

Drug Charges in Connecticut

Connecticut’s controlled-substance laws cover both drug possession and more serious allegations involving the sale, manufacture, or distribution of drugs.

Under Connecticut General Statutes §21a-279, unauthorized possession of a controlled substance other than cannabis is generally a Class A misdemeanor. Connecticut law separately addresses cannabis possession and regulates how much cannabis an adult may lawfully possess. Repeat offenses can result in additional consequences in some circumstances.

Drug sale and distribution cases are generally handled under statutes including §§21a-277 and 21a-278. The seriousness of a charge can depend on what allegedly happened, the substance involved, the amount involved, the person’s criminal history, and other factors.

Connecticut has also changed its cannabis laws significantly in recent years. Adults who meet the applicable age requirements can legally possess cannabis within certain limits. That does not mean all cannabis-related activity is legal. Possessing more than the law allows or engaging in an unlawful sale or distribution can still result in legal consequences.

Many drug cases involve questions about how police obtained the evidence.

Depending on the situation, questions may arise about a search warrant, vehicle search, consent to search, search following an arrest, or another type of police search.

If evidence was obtained through an unlawful search, a defendant may be able to ask the court to prevent prosecutors from using that evidence. Whether that is possible depends on exactly what happened and the law that applies to the situation.

Pardons in Connecticut

Connecticut’s pardon system is handled by the Connecticut Board of Pardons and Paroles.

Unlike many states, Connecticut does not give its Governor general authority to issue pardons. The Board of Pardons and Paroles has authority under Connecticut law to grant several forms of relief, including absolute pardons, provisional pardons, and certificates of rehabilitation. The Governor has separate, limited authority to grant temporary reprieves.

An absolute pardon provides the most complete form of pardon relief available through the Board. Under Connecticut law, an absolute pardon results in the erasure of the applicable Connecticut adult criminal record.

However, a pardon should not automatically be assumed to eliminate every possible consequence of a conviction. Other state or federal laws may still need to be considered depending on the person’s circumstances.

Connecticut also offers provisional pardons and certificates of rehabilitation. These are different from an absolute pardon and may be useful in different situations.

Under Connecticut General Statutes §54-130a, the Board may generally accept a pardon application three years after an applicant’s conviction of a misdemeanor or violation and five years after an applicant’s conviction of a felony.

The Board may accept an application earlier when extraordinary circumstances exist. Other Board eligibility requirements may also apply.

When reviewing an application, the Board may consider factors such as the person’s criminal history, the circumstances surrounding the convictions, rehabilitation, employment, and involvement in the community.

Because pardon rules and procedures can change, applicants should check the requirements that are in effect when they are ready to apply.

Juvenile Cases in Connecticut

Connecticut has a separate juvenile justice system for many cases involving children under 18.

The juvenile system uses different terminology and procedures from the adult criminal court system. Instead of an ordinary adult criminal prosecution, a child accused of breaking the law may face a delinquency proceeding.

Juvenile records and court proceedings also receive confidentiality protections in many situations. Those protections are not absolute, and different rules can apply depending on the child’s age, the alleged offense, and whether the case remains in juvenile court.

Possible outcomes in juvenile cases can include diversion programs, supervision, probation, treatment, community-based services, and other options allowed under Connecticut law.

Some serious cases involving older juveniles can be transferred from juvenile court to the regular criminal court system. Connecticut has specific rules governing when a transfer is required or permitted. The child’s age and the offense charged are especially important.

Failure to Appear in Connecticut

Missing a required court date can create a new legal problem in addition to the original criminal charge.

Connecticut has two primary failure-to-appear offenses:

• Failure to appear in the first degree under §53a-172.
• Failure to appear in the second degree under §53a-173.

Which offense applies depends on the type of case and the circumstances involved.

Missing court can also result in a warrant being issued. A warrant does not simply disappear because time passes. It can remain enforceable until it is recalled, vacated, executed, or otherwise resolved by the court.

A failure to appear may also affect a person’s bond or other conditions of release.

First-degree failure to appear is a Class D felony.

Under current Connecticut law, second-degree failure to appear is a Class D misdemeanor for a first offense and a Class A misdemeanor for a subsequent offense.

The circumstances surrounding the missed court date can matter. Whether the person received notice, why the appearance was missed, and what happened afterward may all be relevant.

Someone who believes a warrant may have been issued should determine the status of the case and obtain legal advice about how to address it rather than simply waiting and hoping the problem goes away.

Theft and Larceny Charges in Connecticut

Connecticut generally uses the term “larceny” for offenses involving theft of property.

Connecticut General Statutes §53a-119 defines larceny and recognizes several different ways in which it can occur. These can include traditional theft as well as embezzlement, receiving stolen property, obtaining property by false pretenses, theft of services, and other conduct.

Connecticut divides larceny into six degrees. The value of the property is one important factor in determining the degree of the offense.

The general value levels are:

• Sixth-degree larceny: $500 or less — generally a Class C misdemeanor.
• Fifth-degree larceny: More than $500 but not more than $1,000 — generally a Class B misdemeanor.
• Fourth-degree larceny: More than $1,000 but not more than $2,000 — generally a Class A misdemeanor.
• Third-degree larceny: More than $2,000 but not more than $10,000 — generally a Class D felony.
• Second-degree larceny: More than $10,000 but not more than $20,000 — generally a Class C felony.
• First-degree larceny: More than $20,000 — generally a Class B felony.

These dollar amounts do not cover every situation. Connecticut law can place a theft into a particular degree because of the type of property, circumstances of the alleged theft, or other factors even when the property’s value falls into a different range.

Intent can also be an important issue in a larceny case. Prosecutors generally must prove that the person intended to deprive someone else of property or intended to appropriate the property for themselves or someone else.

Criminal Appeals in Connecticut

A criminal appeal asks a higher court to review claimed legal errors that occurred in a lower court.

The Connecticut Appellate Court hears many appeals from criminal cases decided in Superior Court. The Connecticut Supreme Court may also hear certain matters.

Generally, an appeal must be filed within time limitations. Connecticut’s appellate rules contain additional requirements concerning how deadlines are calculated, extensions, and late filings.

Because appellate deadlines can be extremely important, someone considering an appeal should determine the applicable deadline as soon as possible.

An appeal is also different from simply having another trial. An appellate court generally reviews claimed errors that occurred in the lower court.

Possible issues can involve jury instructions, evidence admitted or excluded by the court, constitutional questions, sentencing issues, and other court rulings.

It also matters whether an issue was properly raised in the trial court. Some issues that were not raised may still be reviewed in limited circumstances, but Connecticut has specific rules governing when that can happen.

Claims that a person’s lawyer provided ineffective assistance often require evidence outside the original trial record. For that reason, these claims are commonly addressed through a separate habeas corpus proceeding rather than a traditional direct appeal.

Family Violence Cases and Protective Orders

Connecticut uses the term “family violence” for certain incidents involving family or household members.

Family violence is not a separate criminal charge by itself. Instead, charges such as assault, threatening, disorderly conduct, stalking, or other offenses may be treated as family violence matters when the people involved have a relationship covered by Connecticut law.

Connecticut also has special procedures for police responding to family violence calls. When police determine, based on speedy information, that a family violence crime has been committed, the law generally requires an arrest of the person suspected of committing the crime.

When both people make accusations against each other, police must consider factors designed to determine who was the dominant aggressor. These rules are intended in part to reduce unnecessary dual arrests.

A protective order can place significant restrictions on a person. Depending on the order, it may prohibit contact with another person or prevent someone from entering a particular residence.

Violating a criminal protective order can itself result in a felony charge under Connecticut General Statutes §53a-223. Depending on the conduct involved in the alleged violation, the offense may be either a Class D or Class C felony.

Connecticut has several different types of protective and restraining orders. Different laws can apply depending on the type of order involved, so it is important to identify the specific order before determining the potential consequences of an alleged violation.

Criminal Defense for People in Chaplin

A criminal case can affect much more than what happens in the courtroom. Depending on the charge and a person’s individual circumstances, an arrest or conviction may affect driving privileges, employment, professional licenses, education, immigration status, firearm eligibility, and other parts of a person’s life.

This page provides general information about Connecticut law. It is not a substitute for legal advice about a particular case. Connecticut laws and court procedures can change, and the appropriate way to handle a criminal charge depends on the facts, evidence, charges, criminal history, and circumstances of the individual case.

People facing criminal charges in Chaplin can contact Ruane DUI & Criminal Defense Attorneys to schedule a consultation. An attorney can review what happened, explain the Connecticut laws that apply, and discuss the options available for addressing the case.