Connecticut Criminal/DUI Defense Blog

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noreply@blogger.com (Dave Matson) — Thu, 15 Apr 2010 21:34:00 +0000

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Hamden Gamer Charged With Threats Via Xbox

noreply@blogger.com (Dave Matson) — Thu, 15 Apr 2010 21:08:00 +0000

A Hamden man is facing multiple charges after taking to his Xbox LIVE profile to posts threatening messages. The 23 year old man was free on bond at the time the comments were posted and directed at a former friend.

The situation allegedly began last year in New Haven when the duo was pulled over. At that time the suspect was driving and a weapon was found underneath the passenger seat. The passenger told police the weapon was the driver’s and that he had witnessed him stash the gun there.

Following that incident the driver was charged with gun and drug possession while the passenger got off without any charges. Freed on $75,000 bail, the suspect took to the online gaming network to voice his frustrations.

The suspect is alleged to have said things like “Rats die slow” and “I wouldn’t laugh 2 much U a dead man walking” according to the New Haven Register. He turned himself over to police on the new charges just a few days ago.

Now, the young man faces additional charges of tampering with a witness, intimidating a witness, and two counts of second degree harassment. For these charges, his bail is now set at $50,000 and he is due back in court on April 30.

The two harassment charges alone could get him a total of 6 months in jail and $1000 in fines. Add these to the tampering charges and the drug and weapons charges from the earlier date and this gamer is looking at some serious penalties for his reported mistakes.

It’s not unusual for someone to face multiple criminal charges at once. Often, when a criminal offense is believed to have been committed there are several criminal statutes that apply. On one hand, however, the multiple charges make good bargaining tools for attorneys during plea negotiations.

If you are facing criminal charges and overwhelmed at the stakes mounting against you, call me today. An aggressive defense attorney can make a huge difference in court.

New License Plate Scanners in Orange, CT

noreply@blogger.com (Dave Matson) — Mon, 05 Apr 2010 19:58:00 +0000

Police in Orange now have access to the latest in high tech vehicle plate scanning technology. According to this new report from the New Haven Register, the system developed by Vigilant Video automatically scans vehicle license plates, and matches them with data from from DMV records, police databases, and amber alerts.
The targets for these scans are stolen vehicles, cars with expired auto insurance or registrations, and driver's with licenses under suspension, or outstanding criminal warrants.
Are there concerns about privacy, civil liberties, and big brother here? You bet!
But it is important for everyone to know that is is happening now, regardless of whether or not you are for it, or think it is a good idea for the government to have this kind of extensive citizen tracking information at it's fingertips.
The fact is, with this technology becoming more commonplace every day, it is dangerous and foolish to expect to get away with driving on a suspended license.

Connecticut Lawmakers Consider Decriminalization of Marijuana

noreply@blogger.com (Dave Matson) — Tue, 23 Mar 2010 20:37:00 +0000

In a trend that we are seeing nationwide, lawmakers in Connecticut this week heard testimony on a bill that would decriminalize a small amount of personal marijuana. Senate Bill 349 would bring the state up to speed with several others that consider a small amount of marijuana a ticketable infraction.

While many states have legalized medicinal marijuana, some are still working on decriminalization. The term decriminalization refers to making possession of a small amount (in this case less than 1 ounce) of marijuana an infraction rather than a crime.

While the bill isn’t without opponents, numerous other states decriminalized pot as early as the 1970s. The legislation before Connecticut lawmakers would penalize those found in possession of less than one ounce with a fine. Currently, the law considers this amount to be a misdemeanor.
Until the legislation is passed, you can face up to one year in jail if caught with a small amount of weed.

For your first offense, if you are caught with a quarter ounce, under current law, you are punished similarly as if you are caught with 3 ounces. This is because the threshold for misdemeanor marijuana possession is currently 4 ounces. Anything more than 4 ounces is a felony.

While the cause has generated buzz across the country as other states consider their own marijuana legislation, don’t get caught up in the hype. A similar bill died last May when it was filibustered by a staunch opponent in a Senate committee hearing. Just over a year ago, a referendum to decriminalize less than 1 oz of marijuana passed in Massachusetts.

If you are charged with possession of marijuana under the current laws, a defense attorney is a wise choice. When faced with any criminal offense, you have the right to be defended by a lawyer.

Having handled numerous marijuana cases at all levels, I can help with yours. Contact me today to discuss the charges against you and how I might be able to help.

Connecticut Lawmakers Consider Stun Gun Law

noreply@blogger.com (Dave Matson) — Fri, 05 Mar 2010 17:29:00 +0000

The Connecticut state legislature is considering making it legal for the people of the state to carry stun guns for personal protection. The Taser company, located in Scottsdale Arizona, estimates 200,000 Americans already carry the devices; this law would make it legally acceptable in this state.

Currently, a taser or stun gun, is considered a weapon under state law, subject to strict regulations. Because people want to feel safe in public, many are urging lawmakers to allow the legal carry of the weapons for personal protection.

While many states have passed or are considering making it okay to carry guns in public places, the relatively less serious tasers are still causing some backlash. According to the Courant, some opposing the legislation are concerned about the potential for heart attacks caused by the weapons.
Just like firearms, tasers are considered weapons. And just like firearms, they are heavily regulated in Connecticut and across the country. Although we are guaranteed the right to bear arms by the 2nd Amendment to the Constitution, states can regulate that right, enacting laws to control when and how we are able to use and even possess those weapons.

Stories in the news of law violators being caught with guns only further fuel the public’s perception of guns and other weapons as innately dangerous. This story, for instance, from the Connecticut Post details a case involving weapons, drugs, and threatening. Cases that feature more than one law violation are automatically seen as more serious, particularly by the public at large.

When you are caught in possession of a weapon, whether it is a gun or a taser, you may be concerned about how it can affect your future. Sure you have a right to bear arms, but that right doesn’t override state laws.

If you are facing charges like carrying a dangerous weapon or unlawful discharge, both felonies, call me today. Having handled cases just like this, I am confident I can help you with yours.

Significant Crime Reduction in New Haven

noreply@blogger.com (Dave Matson) — Mon, 01 Mar 2010 16:15:00 +0000

A press conference held by outgoing Police Chief James Lewis indicates he is leaving New Haven a safer place. According to this article from the New Haven Register crime in the city is at an all time low thanks to a cooperative effort from police and citizens.

Not only did homicides drop from 23 in 2008 to 12 last year but shootings, aggravated assaults, larcenies, and car thefts also dropped. Chief Lewis is reported as saying, “Over 1,000 less people were victimized in 2009 than in 2008…the lowest number of crime victims in the city of New Haven in recorded history.”

The Police Chief states that much of this decline is due to a community that has said “enough is enough” and taken action in making their neighborhoods safer places to be.

In addition, traffic citations are up, leading to more handgun seizures and safer streets.

Increased police presence has a tendency to decrease the motivation for crime or at least the commission of highly visible crimes like prostitution and street corner drug deals.

While this is good for the city and its inhabitants, those accused of crime really don’t have a stake in the overall crime rate. When you are behind bars awaiting a court date, what’s happening on the streets is typically the least of your concerns.

Whether up against drug charges or a 1st degree assault case, the stress and nervousness is the same. Not knowing what to expect and just how to handle the accusations against you can be both frightening and nerve-wracking. Having a defense lawyer on your side can make a big difference.

In a town where crime is at an all time low, you can be sure that the courts will be motivated to keep it that way. Going hard on accused criminals is just one way in which the justice system hopes to discourage others from committing crimes. Being made an example of can be devastating.

If you are facing criminal charges and need legal assistance, I can help. Contact me today for a free consultation on your case.

Massachusetts Cop Faces Connecticut Harassment Investigation and Possible Charges

noreply@blogger.com (Dave Matson) — Tue, 09 Feb 2010 13:42:00 +0000

A domestic violence victim’s advocate has allegedly become a victim herself in a case involving her ex-boyfriend, a Holyoke Massachusetts cop. Paul Barkyoumb is now reported to be under investigation for harassment by the Connecticut State Police for threatening text messages he sent to Michelle Cruz.

According to Fairfield Weekly, Cruz works as the state of Connecticut’s victim advocate. Her position apparently helped convince her to come forward in reporting her ex to the police. “If the victim advocate is afraid to get a restraining order against her ex-boyfriend because he’s a cop, how could I ever tell anyone else to get one?”

Cruz apparently met and started dating Barkyoumb when she was an assistant district attorney in Massachusetts. The two broke it off in April of 2009. At that time, reportedly due to harassment, she asked for a restraining order from a Massachusetts judge who denied the request due to insufficient evidence of threat.

Now, however, there is a restraining order in place, an internal investigation at the Holyoke Police Department, and a harassment investigation by the Connecticut State Police.

The legal action is a result of anonymous threatening text messages that Cruz has been receiving on her cell phone. According to the report these messages conveyed threats of retaliation. Barkyoumb maintains his innocence, however.

As this Fairfield Weekly article shows, neither of the two are strangers to controversy. Cruz has made several opponents throughout her career and Barkyoumb has been accused of delivering false testimony and possibly mishandling evidence that resulted in several drug cases being lost by the state.

Stalking and harassment cases typically arise between two people who once had a relationship. When a lover is scorned, their emotional pain sometimes motivates them to do things outside the norm. Just like domestic violence, cases like these are heavy with emotion and stress for all parties involved.

If you are accused of harassing someone, you may not be guilty. Perhaps, however, you let your emotions get the best of you and are now facing serious criminal charges and even a potential jail sentence because of it.

Contact me today to discuss your domestic violence or harassment case. I will be happy to listen and offer some free legal advice.

Farmington CT Police Looking for Diamond Thief

noreply@blogger.com (Dave Matson) — Fri, 05 Feb 2010 20:08:00 +0000

Typically when you think of “shoplifting”, you think of some kids stealing snacks or, at the worst, some boosting of clothing and merchandise at the mall. The Courant recently published a story, however, revealing the surveillance photo of a man accused of “shoplifting” $36,000 in diamonds.

The story isn’t specific about how the theft went down, but they do say that the unknown thief made off with three diamonds from Monarch Jewelers on Farmington Avenue.

Similar thefts from jewelers often go something like this. A nice, interested customer asks to see a tray of jewelry or loose diamonds that is behind the glass. Once it is in the open, the thief grabs and dashes for the door. Not a very high tech theft attempt, but obviously one that has limited success.

Police have not yet identified the man seen in surveillance photos, though they are likely chomping at the bit to get him into custody.

In Connecticut, the charge you face for theft is directly related to the amount of money or value of the items stolen. In this case, with the reported value being about $36,000, the thief would be looking at Grand Larceny charges.

Grand larceny is a Class B felony and the most serious theft charge under Connecticut law. It carries a potential 20 year prison sentence and fines reaching $15,000.

There are many ways to get a theft charge and shoplifting is only one. You could be charged with theft for taking something from someone you know without permission. Perhaps you are accused of embezzling funds from your employer or obtaining services by fraud.

All of these are theft charges and all of them carry fairly serious penalties. If you are up against any type of theft or white collar crime charge in the state of Connecticut, call me today.
I can help you figure out the best way to handle the charges and together we can work towards the best possible results.

Hartford Man Rejects What Could Have Been a Lenient Plea Agreement

noreply@blogger.com (Dave Matson) — Thu, 28 Jan 2010 18:34:00 +0000

A man who had previously pled guilty to charges of 1st degree assault, two counts of 1st degree robbery, and 1st degree aggravated sexual assault rejected a plea deal at the last minute, instead electing to head to trial in a move that is likely being questioned by all those around him.

Twenty-one year old Antoney Drummond had originally been okay with a potential 20 years that the plea agreement had suggested. When the case was brought before Superior Court Judge David P. Gold, however, Gold wanted the option of adding another 5 years, something that the defendant just couldn’t bring himself to agree to.

The details of the case are what led Judge Gold to request the additional 5 years after hearing them explained by prosecutor Chris Pelosi.

According to the Hartford Courant, the defendant was accused of robbing a woman at gunpoint on Albany Avenue. He allegedly took the few dollars she had and then forced her onto the ground next to her car where he raped her. The rape was interrupted by a witness who was also said to have been robbed by Drummond before he left the scene.

Following his arrest, Mr. Drummond allegedly confessed to the crime and DNA was recovered from the victim linking him to the incident. Incidentally, the DNA also linked him to a similar rape which occurred on May 5, 2008.

Despite all this evidence, Drummond wants to go to trial. Judge Gold cautioned Drummond, telling him the chances of him seeing a better outcome at trial weren’t very good considering the evidence. Drummond faces a total of 90 years if convicted and this is only related to the December charges.

Plea agreements are only made when both parties are satisfied with the details. In some cases they offer defendants a more lenient sentence or lesser charge. But, if a defendant decides the agreement isn’t in his best interest, he doesn’t have to go forward with it. This is why it is called an “agreement”.

Plea agreements are something that should be carefully analyzed by the defendant, with his attorney. Most cases in our state end in pleas, so knowing how the system works and having a defense attorney to help you through the plea process is crucial.

Whether you are facing charges of DUI to drug trafficking, the prosecution may offer you a plea deal. Contact me today so we can discuss the best possible plan for your case.

High Profile Attorney Pleads Not Guilty in Ct. Domestic Assault Case

noreply@blogger.com (Dave Matson) — Tue, 26 Jan 2010 14:08:00 +0000

A high profile attorney in Connecticut that formerly worked under both Bush Administrations pled not guilty this week in a case that accused him of trying to kill his wife with a flashlight after learning she wanted a divorce. The not guilty plea sets the stage for plea negotiations that could begin in a pre-trial conference scheduled for February 16th.

The formal charges against 57 year old John Michael Farren include attempted murder, strangulation, and first degree assault.

The incident that led to these charges occurred on January 6th of last year when his 43 year old wife was beaten unconscious with a flashlight. According to the Stamford Advocate she was left with a broken jaw, facial lacerations and fractures. When she regained consciousness she was apparently able to hit a panic alarm and get out of the house with the couple’s two children.

Two days prior to the incident, Farren’s wife had served him with divorce papers.

Domestic violence incidents are rarely this violent. However, it sometimes takes an extreme assault for a victim of such violence to seek help. It is quite common for victims of domestic violence to be ashamed of the violent relationship and want to keep it a secret.

Being accused of domestic violence like this, or even less serious cases, can be stressful and humiliating for all parties. When you are accused of beating your wife, girlfriend, or mother of your child, you will face shame and judgment from even those who you are closest to.

The mere accusation of domestic violence can end close relationships as family and friends typically seek to protect the alleged victim. Like Farren, if freed on bail in a case like this, you are typically barred from contacting the victim and even members of their family.

If you are facing charges of domestic assault or even assault of a stranger, I can help. When you think no one is on your side, you need a defense attorney in your corner willing to fight for your interests. Contact me today to discuss the details of your case.

"Sexting" Against the Law, Says CT Police Spokesmant

noreply@blogger.com (Dave Matson) — Thu, 21 Jan 2010 22:36:00 +0000

In an effort to scare kids into considering their online and texting behavior, a Connecticut police spokesman said that sexting is a crime.
"Sexting" is the sending of text messages with photos of an explicit or obscene nature. "Even between 14 year olds, sexting is a violation of child pornography laws", according to the statements of Lt. Donald Melanson, a West Hartford police spokesman in the Hartford Courant.
Child pornography offenses are felony level crimes, that can result in jail time, and permanent status as a registered sex offender, if prosecuted and found guilty.
Thought one presumes that reason would prevail in a case of kids acting irresponsibly, it's clear by this threat that the laws would support such a prosecution.
Legal reform in Connecticut is clearly necessary to make a distinction between dangerous adult sex offenders and child pornographers, and kids acting stupidly.

In Connecticut and Nationwide, Female Drunk Drivers on the Rise

noreply@blogger.com (Dave Matson) — Mon, 04 Jan 2010 21:10:00 +0000

In an interesting story from the Hartford Courant this week, it is revealed that women aren’t only gaining ground in the workplace and other areas of society, but also when it comes to DUI arrests. According to the report, the reasons for this are many.

The percentage of women in drunk driving arrests was 17.4 in 1997 and rose to 21.7 in 2006 in our state. During that time, male arrests for DUI fell as female arrests climbed. Nationally, the trend is similar, women are being arrested more for DUI while the number of men is steadily decreasing.

Experts attribute the climb to many factors including an increase in binge drinking among women as well as an increase in women behind the wheel. The Courant also points to the fact that the law may not be as lenient on women as it once was.

The decrease in DUI’s among men may be attributed to greater social stigma over the past several years or enhanced punishments.

Overall, from 2007 to 2008 there was a decrease in DUI arrests and a decrease in DUI related accidents. This is a positive trend that will hopefully continue. However, the overall rate may decline while the percentage of women still increases.

No matter who you are or what your gender is, you hope for equal treatment, whether in the criminal justice system or elsewhere. The DUI laws in Connecticut aren’t set up to treat people differently and that’s part of the reason a defense attorney is necessary.

Having a defense attorney on your side in court means that there is an advocate for your rights. Believe it or not, the system is designed to protect the rights of the accused; a defense attorney is there to make sure it works.

When facing charges of DUI, you are looking at jail time, fines, and a license suspension. Dealing with these penalties can be very difficult. Dealing with the potential of facing these types of penalties can be extremely stressful.

Call me today to discuss your case and let me help you through this tough point in your life. Let’s take a look at how your arrest was handled and see if we can come up with an effective defense strategy.

Fairfield Connecticut Drug House Busted

noreply@blogger.com (Dave Matson) — Wed, 09 Dec 2009 22:34:00 +0000

A home on Bibbins Avenue in Fairfield was raided this week after police has received several tips that there was drug activity taking place inside. The raid resulted in two teenagers facing serious charges and plenty of confiscated evidence.

Eighteen year olds Sotirios Georgakopoulos Jr. and Pema Tenzin are both facing charges for operating a drug house. Both are currently being held on $250,000 bond, according to the Connecticut Post.

The bust was quite an ordeal, involving 15 officers and 2 K9s. The police forced entry through the front door and saw 8 people scurry to back bedrooms. The officers again had to use force to break into the bedrooms where they found Tenzin allegedly throwing pills out of the window.
All other occupants of the home were found to be guests and only the two 18 year olds have been charged.

Among the evidence seized in the raid was: methamphetamine pills believed to be ecstasy, 1 pound of marijuana, a canister of nitrous oxide, drug packaging material, paraphernalia, and $700 in cash.

The two young men face charges of possession of marijuana with intent to sell, possession of marijuana more than 4 ounces, possession of marijuana within 1,500 feet of a school, possession of methamphetamine, possession with intent to sell methamphetamine, possession with intent to sell meth within 1,500 feet of a school, illegal possession of a restricted substance, operating a drug factory, and impairing the morals of a minor, as the 15 year old brother of Georgakopoulos was in the home at the time.

With a lengthy list of charges like these, these young adults are looking at spending the next several years behind bars.

Facing drug charges of any kind is no walk in the park, particularly if they are as serious as these. Depending on your criminal history and the details of your case, however, sometimes a deal can be struck with the prosecution. For fairly minor charges like possession of marijuana, there are often a few options available.

Call me today if you are facing drug charges in our state. I am eager to help.

Accelerated Rehabilitation Works for Ball Player’s CT Assault Charges

noreply@blogger.com (Dave Matson) — Tue, 17 Nov 2009 19:36:00 +0000

A judge recently dismissed two charges of 2nd degree assault against former Red Sox player Jose Offerman. The dismissal comes at the end of a successful 2 year probationary period and the use of a legal practice called “accelerated rehabilitation.”

According to the Connecticut Post, Offerman was originally charged in 2007 with two counts of assault after a fight that erupted when he was playing for the Long Island Ducks.

Offerman was hit in the leg with a ball pitched by Bridgeport Bluefish player Matt Beech. Offerman charged Beech with a bat in his hand and ended up with a broken finger. The catcher, Jonathan Nathans, was reportedly struck in the head with the bat during the incident.

In October of that year, Judge James Ginocchio granted accelerated rehabilitation to Offerman.
Accelerated rehabilitation is similar to pretrial diversion in that it allows a defendant to serve a period of time on probation prior to answering to the charges. If the term is satisfied, the charges are dropped. It is often used in cases where the defendant doesn’t have a criminal history.

For Offerman, the program meant anger management classes, restitution, and other common probation conditions like meeting with a probation officer and avoiding further law violations. Because Offerman completed his probation successfully, his assault charges were dropped.

Accelerated rehabilitation is just one option in the courts for people accused of their first criminal offense. It allows them to deal with the charges without having to plead guilty or fight through a trial. It also works to keep a conviction off of your permanent record.

Because second degree assault is a felony, the two years probation is a good bargain for Offerman.

If you are facing criminal charges like assault, possession of a controlled substance, or even DUI, I may be able to help. There are several options when it comes to addressing your charges and accelerated rehabilitation is just one.

Contact me today for some free legal advice and to discuss how I might be able to help.

Connecticut Man Freed From Prison Following DNA Exoneration

noreply@blogger.com (Dave Matson) — Sat, 24 Oct 2009 01:33:00 +0000

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.

Connecticut Trio Faces Gun Charges Possibly Related to Recent Gang Violence

noreply@blogger.com (Dave Matson) — Wed, 14 Oct 2009 20:22:00 +0000

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.

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

noreply@blogger.com (Dave Matson) — Mon, 12 Oct 2009 15:57:00 +0000

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.

Serial Connecticut Bank Robber Caught in Hartford

noreply@blogger.com (Dave Matson) — Tue, 29 Sep 2009 17:59:00 +0000

Within the past few weeks, the nation watched grainy surveillance video as a brazen woman walked into 6 banks and demanded money. She never disguised her face nor made any attempt to conceal her identity. Now, Heather Brown is in custody.

Brown, a 34 year old Connecticut resident, has a history of drug abuse and crime, according to this article from the Hartford Courant. She is currently on probation for charges of burglary, larceny, forgery, and prostitution. She was recently released from a 30 month prison bid for a 2006 bank robbery.

People believe it was drugs that led Brown to so boldly rob 6 banks in 6 days. As a matter of fact, when she was apprehended, she was found on the North End of Hartford where it is believed she was trying to purchase drugs.

Brown never showed a gun but claims, on a few occasions, that the bag she carried in the robberies contained a bomb. She is now being held on $250,000 bail and the full extent of her charges is not yet known.

Bank robbery is one of the most serious theft crimes because it contains a threat of violence. Robbery is a similar offense that puts individuals at risk.

With general theft crimes, also called larceny charges, the charge you face and the subsequent sentence are only based on the value of the property in question. Robbery falls under a completely different category all together.

If you face larceny charges, however, you could be facing something as small as a Class C misdemeanor charge in the case of 6th degree larceny, or as much as a Class B felony charge and up to 20 years in prison for Grand Larceny.

Typically offenses like this are committed out of need. Many people see the risk they take when committing a theft crime to be worth the potential outcome. They see it as worth the risk, that is, until they get caught.

If you are facing charges of larceny or robbery, I may be able to help. Call me today to discuss the details of your case.

DUI for Connecticut High School Coach

noreply@blogger.com (Dave Matson) — Mon, 21 Sep 2009 15:27:00 +0000

Forty three year old Paul Burke faced a judge this past week on charges of DUI stemming from an arrest that took place over a year ago. Burke pled not guilty last year and it seems his case is finally ready to go forward.

According to The Connecticut Post, the Greenwich high school lacrosse coach crashed his BMW into a wall on Middlesex Road in Darien last year. Police found Burke to be unsteady on his feet with bloodshot, glassy eyes. They took him in where he was found to reportedly have a blood alcohol level of .29 percent.

He wasn’t arrested until two months after the accident, at which time he was charged with DUI and failure to keep right. He was subsequently suspended from his position as coach and history teacher.

Since the suspension, Burke was reinstated on an agreement with the school district stating that any further violations will result in his terminations. The agreement also has Burke submitting to criminal background checks, donating his money to an advocacy group and refraining from drinking in illegal capacities.

As expected, some parents were appalled at the coach’s situation while others defended him. The same can be said with most criminal charges. It is when you are in your darkest moments that you truly find out who is on your side and who is a fair weather friend.

Burke has at least one prior DUI on his record which could impact his sentence if found guilty this time. A first time DUI offense leads to license suspension, jail time, and fines, among other things.

If you are facing DUI charges now, you are likely wondering if your case could take as long as Burke’s to resolve. If we opt to go to trial, it could, though it is unlikely.

Call me with questions about your case today. I am willing to give you a free consultation and we can discuss your options at a greater length.

Connecticut Domestic Violence Laws Have Changed But Has It Helped?

noreply@blogger.com (Dave Matson) — Wed, 19 Aug 2009 19:15:00 +0000

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.

No Age Limit on Connecticut Theft Charges

noreply@blogger.com (Dave Matson) — Tue, 18 Aug 2009 19:05:00 +0000

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.

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

noreply@blogger.com (Dave Matson) — Mon, 10 Aug 2009 19:23:00 +0000

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.

Bird Fighting Rings Warrants Animal Cruelty Charges in CT

noreply@blogger.com (Dave Matson) — Fri, 31 Jul 2009 02:26:00 +0000

Typically if you hear of animals being trained to fight for human pleasure you think of dogs or even roosters. A recent case out of Danbury, however, uncovered the lesser known practice of finch fighting.

According to this article from the Connecticut Post, 150 finches were seized from a suburban home where they were being pitted against one another in battles to the death. Nineteen men were arrested, all of them Brazilian natives.

Despite the similarities between the charged parties, the police caution that this isn’t just a South American phenomena. People who want to wager money on the fights come from all walks of life and all nationalities.

So what’s the allure of using finches? They are smaller and quieter than roosters and dogs. The majority of the birds seized were saffron finches, typically used as house pets.

Police Sergeant John Krupinsky reveals that a good fighting bird can bring in $1,000 a fight and can sell for around $5,000. At the time of the arrests, about $8,000 in cash was also taken.

Occurrences like this are not the norm, but they do happen. A few years back the dog fighting case involving NFL baller Michael Vick opened the nation’s eyes to an activity that has been going on for ages.

Although the Connecticut Post article doesn’t reveal what type of charges these men face, the Connecticut statutes reveal that for owning, possessing, keeping, training, or betting on a fight of this nature the men could be facing up to 5 years in prison for each count.

Little known criminal activities happen all the time. Sometimes you may not even realize you were breaking the law. Unfortunately, ignorance is rarely a supportable defense.

If you are facing any criminal charges in the Connecticut legal system, you need a skilled and aggressive attorney fighting for your freedom. Call me to talk about your case today. I may be able to help you get the charges dismissed or at least ensure you get the best outcome possible on your day in court.

Potential Charges for Cop Involved in Fatal Crash

noreply@blogger.com (Dave Matson) — Fri, 24 Jul 2009 13:13:00 +0000

Last month two young people died when the vehicle they were in was involved in an accident with a police cruiser. The investigation into that accident is now being treated as a negligent homicide, according to this article from the Connecticut Post.

Officer Jason Anderson from the Milford, CT Police Department was leaving a “mutual-aid call” in New Haven around 2:15 am on June 13th when he collided with the 2008 Mazda carrying 19 year olds Ashlie Krakowski and Dave Servin. Servin died at the accident scene while Krakowski was transported to a New Haven Hospital where she was pronounced dead.

The entire crash was recorded on the dash camera of fellow Officer Rick Pisani who was following Anderson at the time of the wreck. Witnesses have stated that Anderson may have been speeding.

While there is no current indication what could have made this a potential negligent homicide, a search and seizure warrant for the vehicles was issued on June 16th. The warrant application said there is “probable cause to believe” that the police cruiser contained evidence of a negligent homicide.

When the warrant was executed on June 17th, investigators took the powertrain control module from the Crown Victoria. This module can provide information such as vehicle speed, tire condition, and brake status at the time of the accident.

This investigation obviously isn’t over and we are likely to see more details emerge as time goes on.

This accident is evidence that not all traffic accidents are cut and dry. As a matter of fact, there are many criminal traffic offenses that you can be charged with.

Although they are nowhere near as serious as negligent homicide, charges like reckless driving and hit & run can land you jail time and a criminal record.

If you have found yourself on the wrong side of the law due to a traffic offense and you want help determining what course of action to take, call me today.

Fraud Charges for Milford Man

noreply@blogger.com (Dave Matson) — Mon, 20 Jul 2009 19:06:00 +0000

A Milford CT man is facing serious charges of fraud after he and an accomplice swindled $100,000 in donations from a local woman according to this article from the Connecticut Post.
Michael Kahn is facing charges first degree larceny, conspiracy to commit larceny, violating the state opportunities investment act, and charges of sale of unregistered securities.

Kahn and friend Barry Diamond received $100,000 in donations from a Fairfield woman who believed she was donating to see the rehabilitation of Norwalk condominiums for the poor. When she asked for status updates on the project and received none, she demanded her donation be returned.

The woman later found out that these men did not own the Norwalk project and Kahn had actually left for Singapore.

Diamond was charged for the incident back in April and is awaiting trial as well. He had previously served as the president of the Trumbell Chamber of Commerce and other fairly prestigious positions in the community.

Fraud cases often deal with fraudulent charities and misdirected donations. People are often willing to come out of pocket for a good cause and some see this as an opportunity to make money the wrong way.

Facing charges like 1st degree larceny, as these two men do, can be very intimidating. These particular men could be going to prison for a long time.

First degree larceny in itself carries a potential 20 year prison sentence along with $15,000 in fines. It is a Class B Felony charge.

Even stealing less valuable goods and services can carry a hefty penalty. Sixth degree larceny occurs when the value of the stolen goods is less than $250. This offense is considered a Class c misdemeanor and carries a potential 3 months in jail.

If you are looking at doing time or paying huge fines because of fraud or larceny charges, call me today to discuss your case. You want an experience local attorney going to bat for you and I could be the right one for the job.