Connecticut Criminal Defense Law Blog

Connecticut residents can tell you right off the top of their head that the blood alcohol limit in this state (and all across the nation) is 0.08. Anything at or below that number, and a driver is considered to be legally capable of driving. But once that figure rolls above 0.08, a driver is subject to criminal driving under the influence charges.

The limit did not used to be 0.08; in fact, it is a relatively new law. However, safety advocates think the number should be lower -- and now the National Transportation Safety Board has supported the idea of lowering the blood alcohol limit from 0.08 to 0.05. Moving the figure to that number would put the drunk driving law in accordance with more than 100 countries around the world; all of which boast significantly lower DUI-related deaths than the U.S.

There may be some Hartford residents who know the following story, but it still deserves a telling. A man in New York was accused (and convicted) of beating his wife with a hammer in 1996. He professed his innocence throughout the trial, but it was to no avail. He was sent to prison for the crime.

During the process, though, the man confessed to the crime. Why would he do that if he was simultaneously professing his innocence? As it turns out, the police that were investigating the case coerced a confession out of the man, leading to a nine-year imprisonment. As an aside, it is vital to remember that people accused of crimes do not have to say anything to the police. These accused individuals should consult a criminal defense attorney immediately.

Sexually based crimes are very serious; and, if the accused individual is indeed guilty based on the evidence that is presented, then he or she should receive an appropriate punishment. However, what if a crime that is relatively innocuous was deemed one of these serious sexually based crimes, resulting in the accused individual suffering life-long consequences?

This can happen to many adults -- but a recent report by a group called the Human Rights Watch says that when these cases happen to young people or teenagers, their lives are essentially ruined.

One of the common arguments that many people make when they feel someone is guilty but the individual is found innocent (or the case against them is dismissed) is that the accused person was let off the hook by legal tricks. A loophole, or some sort of technicality, must have resulted in the decision.

However, this is rarely the case. Usually an accused person is found innocent because the evidence simply does not point to that person being the criminal. When a case is dismissed or a retrial is declared, this is often attributed to some flaw on the part of the prosecution or law enforcement -- and these things happen more often than most Connecticut residents would think.

Internet crimes are an inherently murky area -- both for the crime allegedly being committed, and for the resulting investigation. For the former, though it may seem impossible, sometimes the suspect is not even aware that he or she is committing a crime; and for the latter, investigators may attempt to obtain surveillance warrants on computers by trying to pass off a sub-par warrant as legitimate, or they may botch the investigation altogether by employing illegal tactics.

With the proliferation of online activity, internet crimes of all kinds (fraud, solicitation of minors, harassment, identity theft and numerous others) have been put under a brighter spotlight. Law enforcement agencies, from the local level to the federal level, are focusing on these crimes much more than in years past.

In a neighboring state of Connecticut, a former high school coach has turned in a no-contest plea that he made false allegations of sexual misconduct against other coaches in the school. Though a no-contest plea is not an actual admission, it does provide an acknowledgement by the person charged that there is sufficient evidence in the case for a conviction.

What is important in this case is the possibility of false allegations being leveled against the other coaches. Though why the false allegations were made against the other coaches can only be presumed, authorities have reported that the accuser was retaliating against the other coaches after the accuser lost his own job.

While marijuana possession continues to be a crime in most states - including Connecticut - the U.S. Supreme Court recently issued a decision regarding the limits of a marijuana possession conviction.

The high court ruled in a 7-2 decision that an immigrant who is in the country legally will not be automatically deported simply due to a marijuana possession conviction. Under federal law, simple marijuana possession is not considered a felony. Consequently, the justices ruled that mandatory deportation under such circumstances was not appropriate.

A man from just outside of Hartford has been charged with a litany of drug charges, and will face some serious penalties if he is convicted.

The man -- a 41-year-old from Manchester, Connecticut -- was arrested by police for trying to operate a marijuana drug operation. He was hit with numerous marijuana possession charges; in addition to one count for possessing drug paraphernalia; one count for operating a drug factory; and one count for possessing marijuana with intent to sell.

The United States Supreme Court made a major ruling recently that regards drunk driving defendants. The ruling centers on the immediate aftermath of a police officer pulling over a suspect. When the police take that suspect in to custody, in some cases they will request a blood sample from the suspect so that they can get the most accurate blood alcohol reading possible.

While we're on the point of "accurate" blood alcohol readings, it is important to know that sometimes the reliability of breath test or Breathalyzer results can be compromised. There have been cases that have been dismissed as a result of faulty or improperly used breath test equipment.