Connecticut Criminal Defense Lawyer

Connecticut DMV Now Requires $100 Application Fee for Special Operator's Permit

Mon, 26 Apr 2010 13:45:50 -0500

If you are a Connecticut Criminal Defense Attorney and a client's Connecticut driver's license has been suspended because of a DWI/DUI arrest, your client may be eligible for a special operator's permit that would let him or her drive to and from work; or to and from class (so long as the class is at an accredited institution of higher education). Not everyone, however, qualifies for special operator's permit. The first step in the process is to submit an application to the Connecticut Department of Motor Vehicles in Wethersfield.

Be advised, however, that the Connecticut DMV just announced that all applications postmarked 4/24/10 or later now require payment of a $100 non-refundable application fee. Any application submitted without the fee will be returned.

iPhone, Gizmodo, and Larceny: "Finders Keepers" Only Works on the Playground

Tue, 20 Apr 2010 15:53:38 -0500

If you haven't yet heard, Gizmodo (a technology weblog about consumer electronics) has posted a complete report with photographs and videos revealing Apple's next iPhone.

This is a huge deal because Apple Computer is always super-secret about its products before their official release so it can control when that information is released to create the maximum buzz and so it can continue to see its inventory of older items. (Disclaimer: My entire office runs on Macs and iPhones and I have owned Apple stock for over 10 years.

So how did Gizmodo come into possession of this iPhone prototype?

Getting Jail Credit on All Criminal Cases Pending in Connecticut Superior Court

Thu, 15 Apr 2010 15:44:27 -0500

Sometimes a criminal defendant will have more than one case pending at a time because he has been arrested more than once. If so, the Connecticut criminal defense lawyer representing that defendant must--if the client cannot post bond--get the client's bonds increased on ALL the cases or else the client might lose credit against a future jail sentence. Let me explain. But first two definitions so you can better understand the explanation:

(1) "Bond" refers to the amount of money a criminal defendant must post with the court or through a bondsman to get out of jail. The more serious the charge, the higher the bond (usually).

A Resource for Criminal Defense Lawyers Defending ID Cases

Mon, 12 Apr 2010 04:53:49 -0500

If you are a Connecticut Criminal Defense attorney and defend people accused of crimes where so-called eyewitness identification testimony is involved, you probably should join the free organization called eyeID.org.

Eyewitness testimony is often incorrect for lots of reasons. (And this is separate from when the witness is intentionally lying.) In other words, so-called eyewitnesses too often just accuse the wrong person. This has been shown over and over again through the use of DNA testing which has subsequently shown that the wrong person is in jail.

eyeID.org provides criminal defense lawyers with resources such as trial pleadings, expert transcripts, training materials, research articles, police procedures, etc. for use when defending ID cases.

Note well: The eyeID.org website is for criminal defense lawyers ONLY. Law Enforcement need not apply.

Connecticut Death Penalty Trial: Pleading Guilty Might Be Correct Strategy in Phase One

Mon, 05 Apr 2010 09:00:21 -0500

In my last post, I suggested Stephen Hayes's offer to plead guilty to Capital Felony Murder in New Haven Superior Court without the benefit of a plea bargain is not necessarily a bad trial strategy. Let me explain.

In Connecticut, a capital felony death penalty trial proceeds in two phases. Phase 1 deals with whether the defendant committed the murder--referred to as the guilt (or innocence) phase. Phase 2 deals with whether the defendant should be sentenced to death--referred to as the penalty phase. Obviously if the jury decides the defendant did not commit the murders, the case stops at the end of Phase 1. But if the case proceeds to Phase 2, according to General Statute § 53a-46a, the same jury that found the defendant guilty, will then decide whether the defendant should get the death penalty.

Because the same jury would decide both guilt and punishment, it might actually be a good trial strategy to plead guilty in Phase 1--if the ultimate goal is to avoid the death penalty. Sometimes the evidence is so overwhelming that it would not only be futile to contest guilt but also detrimental. Why?

Criminal Defense Lawyers Should Abide By a Client's Wishes: Hayes's Lawyers Should Advance His Guilty Plea or Get Out of the Case

Sat, 03 Apr 2010 15:06:38 -0500

A Hartford Courant news article reported yesterday that Stephen Hayes, currently on trial for capital felony murder in New Haven Superior Court, has offered to plead guilty without the benefit of a plea bargain. This is a big deal because the State is seeking the death penalty. In response his public defenders have vowed to try and stop Hayes from pleading guilty.

With all due respect to his criminal defense lawyers, they shouldn't let their personal repugnance for the death penalty interfere with their client's objective. Why? Because lawyers have an ethical duty to abide by a client's wishes--so long as the client is competent. And in Hayes's case, his lawyers had agreed he was competent just moments before he offered to plead guilty.