7 Mistakes That Could Ruin Your Criminal Defense Case
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Being accused of a domestic violence crime can make the future uncertain. There’s no room for error. To avoid hefty fines and jail time, it’s important to have a strong lawyer to guide you through the Connecticut court system.
Erin Field will give you a plan to take back your life.
A domestic or family violence charge is a difficult experience for anyone to go through. It requires sensitivity for everyone concerned. It also requires an aggressive defense attorney. Domestic violence is a serious matter, and no one condones violent behavior towards a family member.
But not everyone accused of domestic violence is not guilty.
The laws and enforcement are extremely strict, and they are set up to prevent dangerous situations— perhaps rightly so. That can also create situations, however, where cops are put in a “must arrest” posture, even though almost nothing happened.
I’ve seen this situation countless times, and I know how difficult it is to be accused of this crime.
Please call me to find out what I can do to fight for your against these charges.
I treat my accused clients as innocent, with sympathy and decency for both the accused and the alleged victim. Defendants need and are fully entitled to a legal defense before the court.
I recently defended a woman accused of 2nd Degree Assault for cutting her husband several times with a box cutter. I was able to get her treatment in a Family Violence Education Program over the objection of the prosecutor.
Connecticut defines “family violence” as, “an incident resulting in physical harm, bodily injury or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury or assault between family or household members.”
Verbal abuse or argument does not constitute family violence unless there is present danger and the likelihood that physical violence will occur.
Family violence is not a separate criminal offense; it simply refers to violent crimes that are committed against family members.
A family violence crime, in addition to its other elements, “contains as an element an act of family violence to a family member and shall not include acts by parents or guardians disciplining minor children unless such acts constitute abuse.”
In Connecticut, “Family or household members” are spouses, former spouses, parents and their children, people age 18 or older related by blood or marriage, people age 16 or older either living together or who have lived together, people who have a child together whether or not they are or have been married or have lived together, and persons in, or have recently been in, a dating relationship, platonic friends, and roommates.
Police respond to violent incidents involving family members. Oftentimes, they make arrests.
In responding to a family dispute, if a police officer finds no cause to arrest, the officer must remain on the scene until the threat of violence has been eliminated.
Police officers who respond to a family violence incident must complete a family violence offense report, whether or not an arrest is made.
If a police officer makes an arrest, then he/she must make a report to the public safety commissioner.
There is a Family Relations Division of the Superior Court of Connecticut. Each area court has a family violence intervention unit.
The family violence intervention unit is given the police report(s). That unit then prepares the report and recommends services.
The unit’s report and recommendations are available to the judge at the court appearance. The judge may impose conditions to protect the parties, including the issuance of a protective order or an order prohibiting further violence against the victim, referral to a family violence education program for batterers, and immediate referral for more extensive case assessment.
Protective orders are criminal in nature and are issued against the defendant after he/she has been arrested for committing a violent crime against a family or household member.
The court clerk sends a certified copy of the protective order to the victim and within 48 hours to the local police department.
The order includes the information necessary to protect a victim from injury or intimidation, including an order prohibiting assaulting, threatening, molesting, or restraining the victim or entering the family dwelling or the victim’s dwelling.
The order must be made a condition of the defendant’s bail or release.
Violation of a protective order is a class D felony, punishable by up to 5 years in prison, a fine, or both.
Entering or remaining on property in violation of the order constitutes criminal trespass in the first degree, which is also a class A misdemeanor. In addition, the court may raise or revoke the defendant’s bail or release for a violation.
A restraining order is a means, through the court, of obtaining relief from abuse and/or threats by a family or household member.
To obtain a restraining order, the family or household member who has been subjected to a continuous threat of physical pain or injury must file an application in the Superior Court.
The application must include an affidavit that states the conditions of the abuse.
The court then holds a hearing within 14 days of receipt of the application. The alleged offender is given at least five days’ notice before the hearing.
However; Connecticut law allows the court to issue an ex parte order without notice or hearing if there is an immediate and present physical danger to the applicant.
The order is effective for six months unless extended by the court upon the applicant’s or its own motion. Anyone violating the order can be held in contempt of court.
Entering or remaining on property in violation of the order constitutes criminal trespass in the first degree, a class A misdemeanor, punishable by up to a year in prison, a $1,000 fine, or both.
Criminal violation of a restraining order is a class D felony, and is just like violating a protective order.
A restraining order differs from a protective order in that restraining orders are civil and can be issued without the accused person being arrested.
A standing criminal protective order is a form of punishment against the defendant who has been convicted of certain crimes of violence against a family or household member.
Connecticut courts may issue standing criminal protective orders, in addition to any sentence of incarceration, against people convicted of the following crimes committed against a family or household member:
The order prohibits the person from (1) restraining the victim; (2) threatening, harassing, assaulting, molesting, sexually assaulting, or attacking the victim; or (3) entering the victim’s home. Standing criminal protective orders remain in place for the life of the defendant or victim, whichever ends first.
Violation of a standing criminal protective order is a class D felony that is punishable by one to five years imprisonment, up to a $1,000 fine, or both.
When the subject of a standing criminal protective order is released from prison or completes his/her term of probation or parole, the offender must be reminded of the existence of the criminal protective order, the terms of the order, and the penalty for violation. The offender must also be given a copy of the order.
Call to speak with Connecticut domestic violence attorney Erin Field , and discuss your best options to fight the charges and win.
|Family Violence||CGS § Sec. 46b-38a|
|Criminal Violation of a Protective Order||CGS § Sec. 53a-223||Class D or C felony (1 to 10 years)|
|Criminal Violation of a Restraining Order||CGS § Sec. 53a-223b||Class D or C felony (1 to 10 years)|