A Middlesex Judicial District jury acquitted our client of 10 counts of child sexual assault on Tuesday, May 24, 2022. The jury reached their verdict after five days of trial and approximately nine hours of deliberation.

This client was acquitted of 10 felony counts of sexual assault and risk of injury to a minor stemming from a 2019 arrest.

“[My client] maintained his innocence from day one and we are extremely pleased that justice prevailed in this case” said Attorney Douglas Rudolph, who led the defense team.

“This was a nine-minute investigation,” Attorney Rudolph told the jury in his closing argument, referencing the recorded interview between State Police and the accused — only 9 minutes into the discussion of the allegations, the detectives told him they knew he was guilty of the allegations. “The police started with a conclusion, and they have been working their way backwards ever since.”

The defense highlighted the hasty investigation and the egregious lack of investigative follow up on behalf of the State Police Central District Major Crimes Squad. Various contradictory or downright confusing details from the accusations were taken at face value, without any corroboration or fact-checking by police, despite ample opportunity to do so. For example, at various times throughout the investigation and trial, the abuse was alleged to have begun in either 2007, 2008, or 2009. Despite the allegations that the abuse began when the complainant’s father was incarcerated, the police never looked up his incarceration history. At every point along the way, [the client] adamantly denied the allegations. But the police had already decided after nine minutes of speaking with him. This was a rush to judgement by police and in this case, justice prevailed.

Connecticut doesn’t play around with DUI convictions. The state has made it abundantly clear that it takes driving under the influence seriously and will do what it takes to reduce the numbers.

One way of doing this is through the use of mandatory minimum sentencing. Every level of DUI in the state of Connecticut will see you in jail along with other penalties.

Understanding what the law says and what the penalties are is important for drinkers. This can help you to stay below the legal limit and make safe decisions when choosing whether to drive after drinking.

What are Connecticut DUI Laws?

Connecticut law defines driving under the influence in two primary ways. The first of these statutes state that a person cannot drive a car while under the influence of alcohol or drugs. The second of these statutes says:

“with an “elevated” blood alcohol content (BAC). A person is under the influence if his ability to drive is affected to an appreciable degree. The maximum allowable BAC depends on the driver’s age and the type of vehicle he or she is operating.”

According to the law, drivers over the age of 21 are considered to have an elevated blood alcohol level if at 0.8% BAC or above. For a commercial motor vehicle, such as a large transportation or cargo truck, a person has an elevated blood alcohol level at 0.04%. If a person is under the age of 21 then they are considered to have an elevated blood alcohol level at 0.02% or above.

Penalties for Driving Under the Influence in Connecticut

Driving under the influence is charged at different levels depending on how severe the crime is and surrounding factors of the arrest. Contributing factors may include previous convictions for DUI.

First Offense

For a first time DUI arrest in Connecticut, the penalty is up to 6 months in jail with a mandatory minimum of 2 days. Or, a 6 month suspended sentence with probation requiring 100 hours of community service. First-time violators will also be required to pay a fine of between $500 and $1,000. Finally, violaters will also face a 45-day license suspension with a requirement for an ignition interlocking device for a period of 1 year.

Second Offense

If a person has one previous conviction for DUI, the penalties will be more severe during the second conviction. The penalty is up to 2 years in jail with a mandatory minimum sentence of 180 days and probation with a requirement for 100 hours of community service. Violaters will also be required to pay a fine between $1,000 and $4,000 with a mandatory 45-day license suspension. There will also be a 3 year requirement to drive with an ignition interlocking device with the first year having a requirement to only drive to and from work and a drug and alcohol abuse treatment program.

Third Offense or More

For the third offense or greater, the penalty for a DUI is up to 3 years in jail with a mandatory minimum of 1 year in jail and probation with a requirement of 100 hours of community service. A fine of between $2,000 and $8,000 will also be levied against those convicted. An additional permanent license suspension with the possibility of review after a period of 2 years.

Aside from these penalties, offenders will be required to attend drug and alcohol abuse treatment courses on top of any extra requirements imposed by the court. This is in addition to the potential for lost wages due to jail time or inability to drive to work and other social negatives. Driving under the influence is a serious crime and it’s important to understand the potential ramifications before you decide to drive after drinking.

COVID-19 has had a dramatic impact on the everyday lives of people all over the world. One of the biggest changes? The government’s request for citizens to “shelter in place.”

Essentially, this kind of order calls for limited time outside your home to essential activities like work, medical appointments, or to get groceries.

Naturally, families and partners are spending more time together than ever and people are stressed. This can be a recipe for disaster sometimes, and worst-case scenario? We see a spike in domestic violence.

In Connecticut, those who face domestic violence charges can face some harsh penalties. That’s why it’s important to know what qualifies as domestic violence in Connecticut and the penalties associated with a conviction.

What is Domestic Violence in Connecticut?

Under Connecticut law, domestic violence, also sometimes referred to as family violence, is an incident usually involving physical harm, bodily injury, threatened violence, or assault that occurs between one household or family member against another.

Many different crimes can be charged as domestic violence as long as the act involves individuals of the same family or household. Three of the most common domestic violence offenses in Connecticut are threats to a family member, assault, and sexual assault.

Threatening a Family Member

One common criminal offense associated with domestic violence is threatening. According to the law in Connecticut, someone can be charged with a misdemeanor or felony threatening of a family member or partner.

Depending on how a threat is made, an offender may face either first- or second-degree threatening charges.

First-Degree Threatening: This is a Class D felony. The defendant must have made a threat with a firearm in order to be charged with this felony and can face up to five years in prison, a $5,000 fine, and probation as a result.

Second-Degree Threatening: When there is no weapon involved, a threat is classified as a Class A misdemeanor. A conviction usually carries a jail sentence that can reach one year, a maximum fine of $2,000, and a stint on probation.

Assault Against a Family Member or Partner

In Connecticut, assaulting a child, spouse, partner, or another member of the family can result in a charge of felony or misdemeanor assault.

How a person is charged depends on the severity of the victim’s injuries and whether or not a firearm was involved. The penalties for assault are also broken down by degree:

First-Degree Assault: This is a Class B felony where a deadly weapon was used or there was intentional dismemberment or amputation. If convicted of these charges, the defendant can face a prison sentence of one to 20 years and up to a $15,000 fine.

Second-Degree Assault: This is a Class D felony and can result in a sentence of up to five years in prison, a fine of $5,000 and probation

Third-Degree Assault: This is a Class A misdemeanor and is the most common charge associated with domestic violence. If convicted, this carries a penalty of up to one year in jail, a $2,000 fine, and probation.

Sexual Assault

When someone forces themselves sexually on a spouse or partner, it is a Class B felony. A conviction carries up to a 20-year jail sentence. Fines can reach $15,000. It doesn’t matter whether you’re committed. No still means no.

Any Connecticut Crime Can Be Domestic Violence

In today’s post, we’ve only covered the three crimes most associated with domestic violence charges here in Connecticut. The fact is, any crime perpetrated against a family or household member can result in a domestic violence arrest, and the penalties can be stiff.

As you weather the coronavirus storm together with family, try to be patient with yourself and with one another. If it comes down to taking a walk or doing something you might regret, count that walk as essential business.

Connecticut recently brought misdemeanors into the limelight with their decision to lower a significant number of drug charges from felonies to misdemeanors.

This is good news for those facing charges for minor crimes, including drug possession. The change significantly increases the number of charges that Connecticut now considers misdemeanor crimes.

The bipartisan effort to pass this new legislation comes behind a larger movement to save Connecticut tax dollars by rethinking how we handle low-level, nonviolent drug offenders.

So how are Connecticut misdemeanors shaking out right now? Let’s take a closer look…

Connecticut Misdemeanors in Five Classes

There are currently five classes of misdemeanor charges here in the state of Connecticut. Fines for various misdemeanor crimes can range from $250 to a couple thousand dollars, and jail time typically tops out at a year.

Misdemeanor crimes are broken out by class, as follows:

• Class D Misdemeanors (least severe penalties)
• Class C Misdemeanors
• Class B Misdemeanors
• Class A Misdemeanors (most severe penalties)
• “Unclassified” Misdemeanors (not linked to a penalty level)

Connecticut’s Lowest-Level Misdemeanor Crimes (Class D)

The least severe misdemeanor in Connecticut is the Class D misdemeanor. This is the first level of criminal penalty according to the state of Connecticut. A Class D misdemeanor may garner up to 30 days in prison and a $250 fine.

Tattooing without a permit and failing to attempt a return of lost property are both examples of Class D misdemeanor charges.

A Class C Misdemeanor Is a Bit More Serious in CT

Class C misdemeanors are the next step up. A conviction can double your fine to $500, and triple your time behind bars. Larceny of the 6th degree (including “petty larceny”) is considered a Class C misdemeanor.

Sometimes a Class C Misdemeanor is Charged as Class B (or Even Class A)

Note, however, that crimes including varying degrees can become a bit more complicated as they can often be charged under several different classes of misdemeanors, depending on the severity (or degree) of the crime.

For instance, larceny can also be a Class B or Class A misdemeanor, or even a felony, depending upon the circumstances surrounding your case.

Class B Misdemeanors in Connecticut Can Cost Quite a Bit

A Class B misdemeanor is the second-most serious level of misdemeanor and can cost you quite a bit in both time and money. Crimes that are classified as Class B can result in up to six months in jail and fines of up to $1,000.

Obscenity, or the promotion of “obscene” materials or performances, are examples of a Class B misdemeanor.

Connecticut’s Most Serious Misdemeanors Class (Class A)

The most serious misdemeanor charge is a Class A misdemeanor. For this level of crime, there is a fine of up to $2,000 and a potential jail sentence of up to a year.

According to the newest Connecticut drug laws, possession of a number of drugs will now be classified as Class A misdemeanors. That includes cannabis, but harder drugs as well.

Aggravating Factors Can Push a Misdemeanor Into a Felony Charge

Many Class A misdemeanors can become aggravated, which elevates them to felonies. For example, persistent offenders can have Class A misdemeanors punished as Class D felonies.

The “Other” Connecticut Misdemeanors (Unclassified)

The final type of misdemeanor in Connecticut are those that are unclassified. These misdemeanors aren’t linked to a penalty level. Instead, punishments are specifically listed in the statute defining the given crime.

Misdemeanors are an important subset of crimes under Connecticut law. The average person is far more likely to end up with a misdemeanor charge than a felony. Understanding how misdemeanors work can help you avoid them.

This understanding can also lead you to get help when you need it. If you’re unsure of where you stand in regards to a misdemeanor, an experienced Connecticut defense attorney can make all the difference.

Each state has its own criminal justice system – Connecticut is no different. The state’s legislative body passes laws that regulate conduct and specifies the penalties that a judge can – or must – impose when an individual violates or breaks a law. This set of laws is called a penal code.

Most states, including Connecticut, sort crimes into the following three categories:

1. Infractions: Offenses that usually aren’t very serious and involve low-level misconduct, such as traffic violations. Punishment typically involves a fine or some other minor penalty.
2. Misdemeanors: These crimes are usually considered minor, but that’s a broad statement because they can sometimes be serious – and come with severe penalties. Generally speaking, they are more serious than infractions and less serious than felonies. Punishment usually involves less than a year in prison, probation, or community service. Or, a combination of those penalties.
3. Felonies: These are the most serious crimes as determined by law. Prison sentences range from at least a year in prison up to life in prison. Up until recently, it was possible to get the death penalty here, but in 2012 Connecticut abolished that punishment, and in 2015, the state supreme court upheld that law. Prisoners on death row are now eligible to reduce their sentences to life in prison without parole.

Connecticut’s General Assembly, like most state legislatures, updates its penal code from time-time.  Between 1995 and 2015, nearly 50 crimes were elevated from misdemeanors to felonies. From the above, you probably already have some idea of why that’s important, but here we’re going to dive deeper into the specifics, including which crimes and why it happened. First, though, let’s get a bit more granular on what the different categories mean and how they’re broken down even further in our code.

What the Various Categories of Crimes Mean in Connecticut

Connecticut’s legislative body, the General Assembly, under the Connecticut Penal Code, currently expands its misdemeanors and felonies into subclasses as follows.

Misdemeanors

• Class A: The most serious class. Crimes include prostitution and money laundering. Violators could receive up to one year in prison and fines up to $2000.
• Class B: Still serious, but not as bad as class A. Crimes include misuse of 911 services and breach of the peace. Violators could receive up to six months in prison and fines up to $1000.
• Class C: Not as serious as Class B. Crimes include disorderly conduct and harassment. Sentences include up to three months in prison and fines up to $500.
• Class D: The least serious misdemeanors. Sentences include up to thirty days in prison and fines up to $250.

Felonies

• Class A: As with misdemeanors, the most serious class. Crimes include murder and assault of a minor. Prison sentences range from 10 years to life and fines can go as high as $20,000.
• Class B: Not quite as serious as a class A Crimes include first-degree manslaughter and assaulting a corrections officer. Sentences include up to 40 years in prison and fines up to $20,000.
• Class C: Not quite as serious as class B. Crimes include burglary and robbery. Sentences include up to 10 years in prison and fines up to $10,000.
• Class D: The least serious felonies. Prison sentences range from one to five years and fines can go as high as $5000.

How and Why Connecticut Elevates Misdemeanors to Felonies

Sometimes legislators update laws to reflect public opinion and show that they are tough-minded about crime. They also update laws to reflect changing practices and society’s viewpoints.

Here are some of the ways the General Assembly has increased misdemeanors to felonies:

• They changed the penalty of a specific act, elevating it from a misdemeanor to a felony. For example, the General Assembly identified certain professionals and decided to consider an assault against them – which was previously a Class A Misdemeanor – as one intended to keep them from performing their work. As such, they elevated the act to a Class C Felony. Such workers included emergency medical personnel and public transit workers.
• They revised the definition of the criminal conduct, and either elevated it to a felony or created a separate crime. For example, before 2002, all fourth-degree sexual assaults – which were previously defined as sexual conduct with a non-consensual person – were Class A misdemeanors. In 2002, the General Assembly added non-consensual assault for victims under 16 years of age and added a Class D felony sentence, thereby creating a separate crime.
• They removed certain parts of a misdemeanor’s law and elevated only that section into a separate felony. Before 1997, if an individual impersonated a police officer, their crime was part of a misdemeanor that included impersonating officials. That year, legislators created a separate felony for impersonating a police officer. The prior misdemeanor remained.
• They have added factors to the previously listed conduct. In 2016, the General Assembly revised the penalties for drivers who leave the scene of an accident. Before 2016, leaving the scene of an accident was considered a Class A Misdemeanor. After that year, if that individual caused any type of physical injury, even a minor injury, it was elevated to a Class D felony.

These laws tend to be broad and open-ended. How they are applied is often up to the interpreter’s discretion (i.e. police, district attorney). This is just one of the reasons it is so important to have a knowledgeable legal professional on your side. They may be able to show that your actions did not rise to the level of a felony and get your charges reduced – or even dismissed altogether.

Finding the right attorney can mean the difference between a reduced sentence, dismissal, acquittal, and a conviction. Many criminal defense attorneys offer free consultations to learn more about your case and goals. Not all attorneys are the same, varying greatly in the scope of services they provide. Looking for the right attorney can feel like blindly looking for a needle in a hay stack, especially criminal defense attorneys because people understandably don’t ever think they’ll need one – until they do. Therefore, here are some key points to keep in mind when searching for a criminal defense attorney.

Thorough Evaluation

A good attorney will take the time to listen to you and will ask enough questions to obtain a full picture of the case in order to thoroughly evaluate your potential options. Your attorney should listen to your goals and provide recommendations based on those goals, as well as letting you know how realistic each of your options are. With the right attorney, you should leave an initial consultation feeling like your attorney understands your case, is knowledgeable and well-equipped to handle it, and is moving forward with your best interests in mind.

Upfront and Honest

You want an attorney who is straight with you. That means they don’t paint an unrealistically rosy picture about potential outcomes– they give you both the good and the bad. In discussing your case with a criminal defense attorney, look for someone who gives you all of your options and is realistic about the potential outcomes based on the unique circumstances of your case. Related to the last point, be especially wary of an attorney who guarantees a favorable outcome.  No criminal defense attorney can promise any particular resolution at the outset of a criminal proceeding– a good attorney will aggressively advocate for you, but depending on the facts of a case, he or she cannot force the hand of a judge or jury.

Clear Fee Agreement

With the right attorney, a dedicated and rigorous criminal defense is a worthwhile investment in your future. The cost of criminal defense attorneys varies greatly. Before hiring an attorney, you should fully understand the fee agreement. It is common for criminal defense attorneys to charge an upfront flat fee— however, retainer agreements or monthly installments may also be options. Your attorney should be upfront about the scope of services included in the fee agreement, i.e. whether a trial will cost more than if a case settles, or if any associated license suspension issues with the DMV are included.

Communicative and Accessible

You don’t want to be chasing your attorney down to get a simple update. Your attorney should regularly consult with you, and be accessible to you and responsive to your needs. Be sure to ask about an attorney’s availability. A good criminal defense attorney understands that unforeseen circumstances may arise, which requires immediate action. Your attorney should be available 24/7, day or night, weekend or holiday. If they are going to be unavailable for a particular time, this information should be clearly communicated and emergency contacts should be provided.

Prioritizes Your Case

It is likely that a criminal case is taking center stage in your and your family’s lives. A good criminal defense attorney will work tirelessly on your behalf — giving your case the attention it deserves and treating it with a sense of urgency. You should feel not only feel like a priority to your attorney, but also that your attorney understands your unique circumstances to best advocate on your behalf.

The Right Fit

You want an attorney in whom you have confidence. Attorneys vary widely in their styles and personalities. An attorney who’s the right fit for one person may not be the right fit for another. However, you want an attorney who is generally compassionate and helpful. Your attorney should spend time getting to know your situation and treat you with dignity.

Many people mistakenly believe that ex-offenders are not allowed to ever vote again; that their right to vote has been permanently taken away because of their conviction. However, this is not the case. Many states automatically restore voting rights upon completion of your sentence – including Connecticut.

Voting is a constitutional right, and it’s your civic duty to play an integral role in the democratic process.  It’s one of the highest forms of citizenship. Cynicism aside, voting is the participation in the election of officials who shape laws and policies that directly affect the world in which you live.  It’s the expression of your values, and how you believe government should (or should not) have a role in people’s lives.  In the ever-evolving and perpetual battle to eliminate institutional and social barriers to give all people the opportunity to pursue happiness, your vote is a form of advocacy.  This is why your participation is important – because your voice matters.

However, upon a conviction of a criminal offense, the right to vote can be taken away – the idea for which has existed since ancient Greece and Rome, according to the National Conference of State Legislatures (“NCSL”). Typically, taking away a person’s right to vote is usually restricted to felony offenses – although some states extend this restriction even to misdemeanors and other offenses.  In ancient Europe, losing one’s voting rights was part of what was known as “civil death”, which also consisted of losing one’s property, the right to appear in court, and the right to enter into contracts. This was brought to America by English colonists. But most aspects of it were eventually discarded except for “felon disenfranchisement”, which still exists in America, although progress has been made.

The right to vote has evolved through a painstaking process throughout U.S. history. At one time, the right to vote was reserved only to white men whom owned land. Through several highly contentious and controversial amendments to the U.S. Constitution over the past 150 years, this right has slowly expanded.

These amendments include:

1870: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”

1920: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”

1964: “The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.”

1971: “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”

In other words, the U.S. Constitution currently states that the right to vote is not to be denied on the basis of race, color, previous condition of servitude, sex, failure to pay poll tax or other taxes, and age (upon turning 18). These amendments gave Congress the power to make laws through the legislature to enforce these rights. However, voting rights are predominantly determined at the state level, regardless of whether you’re voting in a federal or state election. In many states, once a person leaves jail/prison and/or completes the conditions set in their parole or probation, their voting rights are automatically restored without them having to do anything else. A minority of states permanently disenfranchise people with a past felony conviction or require they petition the government to have their right restored.

State approaches to felon disenfranchisement significantly vary. For example, according to the NCSL, in Maine and Vermont, felons never lose their right to vote, even while they are incarcerated. In Florida, Iowa and Virginia, felons permanently lose their right to vote. Virginia and Florida have supplementary programs which facilitate gubernatorial pardons. The remaining states each have their own approaches to the issue.

• In 38 states and the District of Columbia, most felons automatically gain the right to vote upon the completion of their sentence.
• In some states, felons must wait for a certain period of time after the completion of their sentence before rights can be restored.
• In some states, a felon must apply to have voting rights restored.

In Connecticut, individuals convicted of a felony are ineligible to vote while incarcerated or on parole. However, voting rights are automatically restored upon release from incarceration and completion of the supervised release period (if applicable). Also, anyone who has been convicted of a felony after January 1, 2002 and has been sentenced to just probation, rather than sentenced to confinement in an institution, is eligible to vote. If you are an ex-offender that meets this criteria, all you need to do is re-register to vote to participate in future elections. To apply for voter registration, you must visit the Registrar of Voters of the city or town in which you reside. Upon submitting satisfactory proof of his/her qualifications, your right to vote will be restored. If the city or town in which you resides is different than the city/town that you had resided in at the time of your felony conviction, the latter town will be notified that your voting rights have been restored.

To register online, visit CT’s Online Voter Registration System. You must have a valid CT driver’s license, permit, or photo ID card, and a signature on file with the DMV. Complete all the required fields as you go through the application.

For more information on voting laws by state, visit felonvoting.procon.org.