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Criminal Defense and DUI/DWI Laws of Connecticut

Friday, October 23, 2009

Connecticut Man Freed From Prison Following DNA Exoneration

After spending what should have been the best years of his life behind bars, 40 year old Kenneth Ireland is learning how to live in the real world once again.

Back in 1988 at the young age of 20, Ireland was convicted of raping and murdering Barbara Pelkey of Wallingford. He was sentenced to 50 years in prison for the crime that he maintained he was innocent of.

According to the New Haven Independent, The Innocence Project of Connecticut took on his case and after the DNA evidence was found to not belong to Ireland, got him a new trial. He was released in August on this premise.

In a similar case in 2006, a man named James Tillman was released after spending 18 years in Connecticut prisons for a rape he did not commit. Tillman’s case set the precedence allowing men like him and Ireland to file a claim with the State Claims Commissioner for monetary compensation. Tillman was awarded $5 million.

As this article from Fox 11 details, Ireland is spending his time readjusting to life on the outside of the prison walls. He admits that it is a big adjustment as he is adapting to devices he has never had to use and free for the first time in 20 years.

DNA evidence, though frequently used in television dramas, is more rarely used in real life. Organizations like the Innocence Project utilize DNA evidence to assist people who may have gotten caught up in shoddy police work, unfair investigations, or cases of mistaken identities.

Evidence takes many forms in a criminal investigation and the police and attorneys should always treat the evidence with the utmost care and interest. From fingerprints to eyewitness testimony, factors like this can mean the difference between years behind bars and walking away a free woman or man.

Whether you are facing drug charges or assault charges, the evidence should be examined by all parties, including your own defense attorney. If you have questions about the laws regarding evidence and how they affect your case, call me.

I will listen to your story and be able to offer some free legal advice.

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Wednesday, October 14, 2009

Connecticut Trio Faces Gun Charges Possibly Related to Recent Gang Violence

Three young men are facing charges related to a MAC 10 firearm they were found to be in possession of this week. This after two of their associates were killed in the past month in gang related shootings.

Twenty three year old Travon Clark, Gregory Hughes, and 27 year old Jeffrey Daniels were found in the parking lot of the Marina Village housing complex riding in a Mazda without a license plate. Police stopped the vehicle for this reason and found the .45 caliber machine pistol in the back seat.

Bridgeport police were originally called to the scene for suspicion of drug activity but failed to find such activity taking place.

Once they got the men out of the vehicle, the weapon was easily seen, reportedly sticking out of a bag on the floor of the back seat. According to this Connecticut Post article the MAC 10 was loaded and ready to be used.

The men involved are suspected of being associated with the “Stack Boys” or the “South Side Crew”. Ronald Miley, shot and killed in September, and another shooting victim from just last week were said to be acquaintances of the men, leading police to jump to the assumption that these men were prepared for retaliation of sorts.

All three young men are facing charges of weapons in a motor vehicle and interfering with police. Hughes and Daniels face the additional charge of criminal possession of a firearm. A woman is also facing charges for trying to move the vehicle before the gun could be recovered.

Firearm offenses are numerous in the Connecticut criminal code. These laws are designed to protect the public but are often applied in inconsistent manners.

When you are facing felony charges, whether related to a weapon or not, you have to know your criminal history will come in to play. If the court has seen you before you will need an attorney to assist you in convincing the court you deserve another chance.

The chance of the judge being lenient on your case is significantly improved if this is your first criminal charge.

If you are facing any sort of criminal charge in the Connecticut courts, you need an aggressive defense attorney to ensure your side is heard. Contact me today to discuss what happened on the date of your arrest and to get some free legal advice.

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Monday, October 12, 2009

Plea Deal Reached in Connecticut Drunk Driving, Hit & Run Case

Way back in January of this year, 17 year old Jessica Lee was hit while crossing the street at Boston and Central Avenues in Bridgeport. She was thrown onto the windshield of the vehicle and landed “several feet away” according to the Connecticut Post.

Following the accident, 38 year old Darren McDermott of Milford turned off his headlights and continued driving into the night. He was caught and found to have a blood alcohol level of .189. McDermott was also said to have struggled with the police when they tried to take him in to custody.

Since the accident, which left Lee with two broken legs and a concussion, McDermott has been participating in a sobriety program, something that may have helped his chances in getting the plea agreement.

McDermott plead no contest to second degree assault with a motor vehicle, driving under suspension, evading responsibility, and two counts of DUI. The prosecution is recommending he serve a three year prison sentence when he goes back before the judge on December 8th.
Plea agreements are not unusual and typically seek to satisfy both parties involved. Because McDermott was driving on a license that had been suspended for a prior DUI at the time of the accident, the odds were stacked against him.

In some cases the plea agreement states that the defendant will plead guilty while others, as in this case, allow for the defendant to plead “no contest”. No contest simply means he will not argue that the charges against him are false but won’t admit outright to committing the offenses.
It is quite common for one incident to end with multiple charges. A string of law violations isn’t that unusual and in this case the first violation (driving while intoxicated) led to the others (assault, leaving the scene).

If you are facing criminal charges and aren’t sure where to turn, contact me to discuss your case. If the situation doesn’t look good, perhaps we can work something out with the prosecution. However, whatever you choose to do with your case, as your attorney, it is my job to back you up.

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