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Wednesday, August 19, 2009

Connecticut Domestic Violence Laws Have Changed But Has It Helped?

Over the past several decades, the attitude towards domestic violence cases has dramatically shifted. Once brushed under the rug and considered to be a private matter, mandatory arrests and community awareness has brought these types of situations into the light.

As this article from the Hartford Courant shows, domestic violence cases have increased over the past year and many of these cases have been high profile ones. As the economy struggles, it is not unusual to see cases of domestic violence increase.

Women are typically the victims in these cases and more resources are available to them now than ever. However, that doesn’t necessarily make it easy for them to get out of the unhealthy relationship. Money, kids, and fear all work to keep an abused woman in this type of situation.

If an officer responds to a domestic violence call and there is evidence of abuse, an arrest must be made. This legal requirement is courtesy of the Tracey Thurman law.

In the Tracey Thurman case, she was beaten very badly by her husband at the time, in 1982, and left to die. She sued local law enforcement for failing to protect her. Thurman won a $2.3 million judgment and her name solidified in the law.

Incidents of domestic violence like this are horrifying, and naturally police aggressively arrest anyone involved in a suspicious incident. But that doesn't mean all arrests are legitimate threats.

It's understandable that police take these matters extremely seriously, but it can be complicated to sort out what really happened, and establish whether a crime actually took place.

Trivial incidents and heated arguments will result in an arrest, and prosecutors don't tend to be cooperative on any alleged domestic case. Even where the facts are extremely weak and there is no evidence of abuse of violence, it can take an experienced defense lawyer significant time and effort to work through the situation.

What Happens After a Domestic Violence Arrest?

Once arrested on a domestic violence charge a protective order will likely be issued. If violated, the offender can face additional charges.

There are many resources also available for domestic violence offenders as the state of Connecticut seeks to prevent this type of case. Even without being convicted of a domestic assault, you may be required to attend counseling or classes related to the offense.

If you are accused of domestic violence charges or charges of violating a restraining order, I can help. Contact me immediately for a free consultation on your case.

I know you feel alone, but I will work for you and with you, and not judge you.

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Tuesday, August 18, 2009

No Age Limit on Connecticut Theft Charges

Don’t expect the Connecticut legal system to have pity on your because of your age or ability. Sixty-year old career burglar Okasana Lysenko is again in front of the judge for new charges.
Lysenko has 40 convictions on her record, according to the Hartford Courant. She has been in and out of the Connecticut prison system for these charges as well.

Her latest charge involves police finding her leaving a Bentwood home with stolen jewelry, gloves, and a screwdriver. Because of her past convictions, the gloves and screwdriver will no doubt be considered burglary tools.

The law is no stranger to Lysenko’s ways. Captain Joseph Lasata, of the West Hartford police, states “We’ve been arresting her for years”.

She currently has a 4th degree larceny charge pending in Hartford regarding an earlier April 16th arrest. Her latest arrest has landed her with new charges of 5th degree larceny, 3rd degree burglary, 2nd degree criminal mischief, and possession of burglar’s tools.

Lysenko is currently being held on $500,000 bail.

Although most theft offenders don’t return to court again and again like Ms. Lysenko seems to, it isn’t all that uncommon to see someone appear and reappear for similar charges. Unfortunately, the more times you appear before a judge, the less lenient they are likely to be if you are convicted and appear in court for sentencing.

If you are caught up in the legal system again, facing new charges, you need all the help you can get.

Some offenses have progressively harsher sentences for multiple offenses actually written into the law. DUI charges are a good example of this, getting stricter with each subsequent count.
Regardless of what the charge is, I may be able to help. We may be able to negotiate a plea agreement with the prosecution regarding your potential sentence. Depending on the case, we may even be able to get the charges against you dropped altogether.

If you are facing charges in Connecticut criminal courts, call me today for a free consultation.

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Monday, August 10, 2009

Potential Sexual Assault, a Dead Body, and Missing Drugs Mark Connecticut’s 2009 Vibes Festival

Referred to as the Northeast’s “premier music, arts, and camping festival”, the third annual Vibes gathering occurred a few weeks ago in Seaside Park. The festival has been back and forth between locations over the last few decades but seems to have settled back in CT for a while.

This year’s festival was not without its interesting crime news. This article from the Connecticut Post reveals that the private agency responsible for security did not turn over confiscated drugs to the Connecticut police as they should have. This incident is under investigation.

Also, a body was found the second day of the festival. Despite early reports of a potential murder, it seems foul play is not suspected.

Lastly, a woman at the gathering reported she had possibly been sexually assaulted. This case is also being investigated.

Modeled after the lifestyle of Grateful Dead fans, drugs like marijuana and LSD aren’t all that unusual at the Vibes festival. While the majority of these types of gatherings are non violent and uneventful, the drugs are still against the law.

Many people in neighboring communities don’t like the temporary neighbors they get when the Vibes campers roll into town.

Despite the stigma around marijuana being far less than its other illegal drug counterparts, it can still pack a heavy punch when you are charged with possessing it.

Unfortunately, small amounts of marijuana have not been decriminalized in Connecticut as they have elsewhere. If you are found in possession of even a small personal stash, you can face criminal charges.

Some judges and prosecutors are willing to work out more lenient situations, however, for first time offenders.

If you are facing marijuana charges in the state of Connecticut, your best option is to retain a local attorney who is used to practicing in the area. Call me today to discuss your case.

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