Law Offices of Pat Brown

When a Connecticut DUI Becomes a Felony

Fri, 09 May 2025 19:34:28 GMT

Connecticut DUI Laws: What You Need to Know About First-Time and Felony Offenses

Driving under the influence (DUI) continues to be a serious public safety concern in Connecticut. According to a 2018 survey, 2.1% of Connecticut adults admitted to driving after consuming too much alcohol. But what exactly qualifies as "too much"? While impaired judgment, blurred vision, and slowed reaction time are signs of intoxication, Connecticut DUI laws provide specific legal thresholds.

What is the Legal Blood Alcohol Limit in Connecticut?

Under Connecticut’s Implied Consent Law, any driver lawfully stopped on suspicion of DUI must submit to a blood alcohol concentration (BAC) test. The legal BAC limits are:

Failing or refusing a BAC test can lead to immediate legal consequences, even before a court appearance.

First-Time DUI Arrest in Connecticut: What to Expect

Being arrested for a first-time DUI offense in Connecticut is classified as a misdemeanor, as long as the incident doesn’t result in physical injury to others. However, the penalties are still significant and can have lasting impacts on your life:

With the help of an experienced Connecticut DUI attorney, first-time offenders may be able to reduce or avoid some of these penalties through alternative sentencing or court programs.

When Does a DUI Become a Felony in Connecticut?

DUI charges escalate to felonies under specific conditions, carrying more severe penalties:

1. Second DUI Conviction Within 10 Years

A second DUI offense within a decade of the first automatically escalates the charge from a misdemeanor to a felony DUI. The enhanced penalties include:

2. DUI Involving Injury or Death

If a DUI incident results in serious injury or the death of another person—even if it’s your first offense—you will face felony charges. These cases often lead to long-term imprisonment and other life-altering consequences.

Why Legal Representation Matters for DUI Charges

Whether it’s your first offense or a repeat DUI charge, facing a DUI conviction in Connecticut can be overwhelming. The penalties are designed to deter drunk driving but can also deeply affect your future, job prospects, and personal life.

At the Law Offices of Pat Brown , we are dedicated to defending your rights and minimizing the consequences of DUI charges. With over 250 jury trials since 2008, our legal team brings deep experience and aggressive representation to every case. We will evaluate your case details, challenge evidence where appropriate, and work toward the best possible outcome.

Free DUI Case Consultation – Serving All of Connecticut

If you’ve been charged with DUI in Connecticut, don’t navigate the legal system alone. Contact the Law Offices of Pat Brown today for a free consultation or case review. Let our experienced DUI defense lawyers fight for your future.

Losing Your License After a CT DUI

Fri, 09 May 2025 15:49:51 GMT

Driving is a daily necessity for many—whether it's commuting to work or school, attending medical appointments, running errands, or enjoying social events. But what happens if you're charged with driving under the influence (DUI) and your license is suspended in Connecticut? Losing your license can be overwhelming, but understanding how the process works is the first step toward restoring your driving privileges.

Who Suspends Your License After a DUI Arrest?

Many drivers assume that the police or the court suspends their license after a DUI arrest. However, it is the Connecticut Department of Motor Vehicles (DMV) that handles this process. Once you're arrested for DUI, a copy of your arrest report is sent to the DMV, which then initiates the administrative license suspension.

It's important to understand that driving in Connecticut is a privilege, not a right. This means the DMV has the authority to revoke or suspend your driver's license independently of any criminal court proceedings.

Important Note: If you're caught driving with a suspended license, you may face additional criminal charges, fines, potential jail time, and further complications when trying to reinstate your license.

How Long Will Your License Be Suspended?

The length of your license suspension after a DUI in Connecticut depends on several factors, including the number of prior offenses and whether you complied with a blood alcohol concentration (BAC) test.

Under Connecticut's Implied Consent Law, all licensed drivers automatically agree to submit to BAC testing when suspected of DUI. Refusing the test can result in longer suspension periods.

Here’s a breakdown of the typical suspension durations:

If your DUI incident involved an accident resulting in injury or death, the DMV may impose more severe penalties, including extended or lifetime suspensions.

How to Get to Work or School with a Suspended License

Being unable to drive can severely disrupt your life, especially if you rely on your vehicle for essential travel. Fortunately, Connecticut offers a Special Operator’s Permit for qualifying drivers whose licenses have been suspended for a first-time DUI offense.

To apply, you must:

This permit is limited in scope and only allows you to travel to and from approved destinations like work or school.

Can You Reinstate a Revoked Driver’s License?

If your license was permanently revoked due to a third DUI offense or a serious DUI-related incident, you may petition for reinstatement—but not right away.

You must wait at least two years from the effective date of the revocation before requesting a DMV hearing to restore your driving privileges. While this process can be initiated on your own, having a knowledgeable Connecticut DUI defense attorney significantly increases your chances of a successful outcome.

How the Law Offices of Pat Brown Can Help

Since 2008, the legal team at the Law Offices of Pat Brown has helped hundreds of Connecticut drivers navigate DUI charges, protect their rights, and regain their driving privileges . Whether you're a first-time offender or dealing with a license revocation after multiple DUI convictions, our attorneys are here to help.

We represent a wide range of DUI clients, including:

Free Legal Consultation for DUI-Related License Suspensions

If you've been charged with DUI and are facing a driver’s license suspension or revocation in Connecticut, don’t go it alone. Contact the Law Offices of Pat Brown today for a free consultation. We'll review your case, explain your legal options, and guide you through the process of getting back on the road.

Grand Juries

Wed, 23 Apr 2025 04:17:00 GMT

What Is a Grand Jury? Everything You Need to Know

If you're under investigation or facing serious criminal charges, you might encounter the term “grand jury” and wonder what it really means for your case. Grand jury proceedings are notoriously secretive, and they can feel intimidating—especially since the defense plays little to no role in the process.

At Law Offices of Pat Brown , we understand how overwhelming this stage of the legal system can be. In this guide, we’ll explain how grand juries work, how they differ from trial juries, and what your rights are if you’re involved in a grand jury investigation.

How Does a Grand Jury Work?

Originally designed to act as a safeguard against unfair prosecution, grand juries have evolved into a powerful investigative tool used by prosecutors. Unlike trial juries, grand jurors don’t decide guilt or innocence. Instead, they determine whether there’s probable cause to issue an indictment.

Key Characteristics:

Because grand juries don’t require probable cause to begin an investigation, they often rely on speculative leads, anonymous tips, or unverified information. This one-sided process is something every suspect, target, or witness should approach with caution—and legal guidance.

Grand Juries vs. Trial Juries

While trial juries evaluate evidence to deliver a verdict, grand juries only determine whether formal charges should be filed. They operate in complete secrecy, and the defendant has no right to testify or present evidence unless invited by the prosecutor—something that rarely happens.

This means the prosecution has full control over the narrative, often presenting hearsay, summaries, or secondhand accounts instead of original evidence. At Law Offices of Pat Brown , we’ve seen how these tactics can unfairly shape a case before it ever reaches a courtroom.

The Two Types of Grand Juries

1. Charging Grand Jury

These are typically used for straightforward cases where the prosecution is ready to file charges. A charging grand jury:

2. Investigative Grand Jury

Used in complex cases like white-collar crime, organized crime, or public corruption, these juries:

Regardless of the type, grand juries don’t draft charges—they vote on indictments written by prosecutors. And unlike in trial court, only a majority vote is needed to issue an indictment.

What to Do If You Receive a Grand Jury Subpoena or Target Letter

If you're involved in a grand jury investigation, you may receive one of the following:

If you receive either, contact a criminal defense attorney immediately. At Law Offices of Pat Brown , we help clients respond strategically—whether that means negotiating immunity, preparing for safe testimony, or challenging the scope of the subpoena.

Understanding the Two Types of Bargains

Wed, 23 Apr 2025 04:16:00 GMT

Understanding the Two Types of Bargains: What Every Smart Shopper (and Legal Client) Should Know

When navigating contracts, settlements, or even everyday agreements, it's important to understand one simple but powerful concept: the bargain. At Law Offices of Pat Brown , we see the principles of bargaining play out every day—not just in courtrooms, but in business deals and personal decisions alike. Understanding the two core types of bargains—exchange bargains and gift bargains—can give you a strategic edge whether you're negotiating terms or safeguarding your rights.

1. The Exchange Bargain: A Clear Transaction

An exchange bargain is the most straightforward type of deal. It's what most people imagine when they think of a contract: you give something and receive something of equivalent value in return. This kind of bargain is legally binding, precise, and typically written out in contracts or agreements.

Examples include:

At Law Offices of Pat Brown , we structure exchange bargains to ensure clarity and fairness for our clients. Whether you're drafting a business contract or negotiating a settlement, we help make sure the terms reflect your interests and protect your rights.

2. The Gift Bargain: Building Trust

Unlike the transactional nature of exchange bargains, a gift bargain centers on giving without the expectation of immediate return. This type of bargain builds goodwill, fosters long-term relationships, and can sometimes carry implicit expectations rather than explicit ones.

Examples include:

At Law Offices of Pat Brown , we believe in the power of trust. Our willingness to support clients—even before a formal agreement is signed—sets the foundation for relationships that last beyond a single case.

Knowing When Each Bargain Applies

Understanding the difference between these two types of bargains can transform how you approach both personal and professional matters. Exchange bargains offer security and enforceability, while gift bargains create connection and goodwill. Smart legal strategy often involves using both types at the right time.

Law Offices of Pat Brown is committed to helping our clients recognize the legal and strategic implications of their agreements. We provide counsel that not only ensures fairness but also strengthens your position in the long run.

Let’s Bargain the Right Way—Together

Whether you’re reviewing a business contract or seeking legal guidance for a family matter, knowing the type of bargain you’re entering can make all the difference. At Law Offices of Pat Brown , we’re here to make sure every deal you make is informed, fair, and future-focused.

Ready to negotiate with confidence? Contact Law Offices of Pat Brown today and let’s talk about how we can protect your interests—no matter what kind of bargain you’re facing.

Jury Trial vs. Bench Trial: How to Choose the Best Option for Your Case

Mon, 27 Jan 2025 04:12:00 GMT

Facing a criminal trial is one of the most significant legal challenges anyone can experience. One of the first major decisions a defendant must make is whether to exercise their right to a jury trial or waive it in favor of a bench trial—a trial before a judge alone. This decision can dramatically impact the outcome of the case. While jury trials involve a group of peers determining guilt or innocence, bench trials rely solely on a judge’s assessment of the facts and application of the law. Understanding the differences, advantages, and risks of both options is critical to making an informed decision.

Factors to Consider in Deciding Whether to Waive the Right to a Criminal Jury Trial

A person charged with a crime (a “defendant”) has a constitutional right to a trial by jury. However, the defendant may waive this right and opt for a bench trial, where the judge alone determines the verdict. Here are some key factors to consider when making this crucial decision.

1. The Judge’s Reputation and Track Record in Bench Trials

If bench trials are uncommon in a particular jurisdiction, it may be difficult to assess a judge’s track record. In some courts, judges are more likely to convict, while in others, they may lean toward acquittal in cases with weaker evidence. A criminal defense attorney familiar with local courts can provide insight into whether a specific judge is more or less favorable to defendants.

2. The Nature of the Defense

Certain legal strategies work better in a bench trial, while others are more effective before a jury:

3. Credibility issues

Judges, more so than some jurors, are likely to believe police officers. On the other hand, a judge, more so than a jury, is likely to find the testimony of a sympathetic, but confused, witness insufficient to convict.

4. Excluded Evidence

In a jury trial, jurors are not allowed to hear evidence that has been ruled inadmissible. However, in a bench trial, the judge will know about suppressed evidence, even if they vow not to consider it in their ruling. This can be a major disadvantage in cases where damaging evidence has been excluded.

5. The Risk of a Harsher Sentence for Choosing a Jury Trial

In some jurisdictions where bench trials are common, a judge may penalize a defendant who chooses a jury trial by imposing a harsher sentence upon conviction. This is because jury trials take more court time and resources, which some judges may view unfavorably.

6. The slow guilty plea

Sometimes, there is no plausible defense to the crime charged, but the defendant refuses to plead guilty. In that instance, a bench trial might avoid a lengthy jury trial that only will aggravate the judge and earn a severe sentence for the defendant.

7. The need to preserve legal issues

If the case involves substantial legal issues that may warrant an appeal, a bench trial may be preferable. A guilty plea waives most appeal rights, while a bench trial allows the defense to preserve legal challenges for a higher court.

What Are the Key Differences Between a Bench Trial and a Jury Trial?

Understanding the distinctions between these two types of trials is essential for making an informed decision.

When Is a Bench Trial the Better Option?

While a jury trial is the default option, there are certain scenarios where a bench trial may be more beneficial:

How Do Jury Selection and Voir Dire Impact the Outcome of a Trial?

Jury selection is a crucial step in any jury trial, as the jurors ultimately decide the defendant’s fate. The voir dire process (jury questioning) allows the prosecution and defense to shape the jury composition.

If jury selection does not go well, the defense may regret not choosing a bench trial instead.

Final Thoughts: How to Choose Between a Jury Trial and a Bench Trial

Choosing between a jury trial and a bench trial is one of the most critical decisions in a criminal case. While jury trials provide a chance to appeal to emotions and challenge the prosecution’s case before a diverse group, bench trials offer a faster, more legally focused process that may be advantageous in certain situations.

Key takeaways include:

Ultimately, the right choice depends on the case facts, legal strategy, and potential risks. By understanding these key factors, defendants can make an informed decision that maximizes their chances of a favorable outcome.

The post Trial before a Judge or Jury appeared first on Law Offices of Pat Brown .

Pre-sentence Investigation Report and Interview

Mon, 27 Jan 2025 00:00:00 GMT

For many criminal defendants, sentencing is one of the most critical and nerve-wracking stages of the legal process. In many cases, judges have little direct knowledge of the defendant beyond what is presented in court. This is where the Pre-Sentence Investigation Report (PSIR) comes into play. The PSIR provides the judge with an in-depth look at the defendant’s background, character, and circumstances surrounding the crime, all of which can significantly influence the sentencing decision. Additionally, correctional authorities use the PSIR to determine security classification and prison placement. Understanding the purpose, process, and potential pitfalls of the pre-sentence investigation can make a substantial difference in the outcome of a case.

What Is the Purpose of the Pre-Sentence Investigation Report (PSIR) in Criminal Cases?

In most criminal cases, guilty pleas are rapid and rote, and do not provide much information to the judge about the criminal defendant, his merits, or his shortcomings. Because of this, most jurisdictions authorize an adjournment between a plea or trial and sentencing for court officers (usually representatives of the probation department) to conduct a pre-sentence investigation of the defendant and report their findings.

Judges use the Pre-Sentence Investigation Report (PSIR) to determine an appropriate sentence, while correctional authorities rely on it for decisions regarding security classification and institutional placement. If you or a loved one is facing sentencing on criminal charges, here’s what you need to know about this critical stage of the sentencing process.

What the Report Covers

The preparation of the PSIR does not involve extensive investigation but rather relies on interviews and document collection. The presentence investigator will typically gather information from:

The report generally covers the following areas:

Waiving the PSIR

In misdemeanor cases, the sentence is often predetermined, and a PSIR may be unnecessary. However, in felony cases, a presentence investigation is usually mandatory unless waived by agreement between the parties and the judge.

A defendant should consider waiving the PSIR when a favorable sentence has already been promised by the judge or prosecutor. Since the investigator might uncover unfavorable details, waiving the PSIR can sometimes prevent negative information from influencing sentencing. However, in cases where background information or mitigating circumstances might lead to a lesser sentence, it is often in the defendant’s best interest to proceed with the PSIR.

The Pre-Sentence Interview

Most legal authorities agree that the pre-sentence interview is not a critical stage of the proceedings at which the defendant has a right to counsel. However, in practice, many defense attorneys prefer to attend the interview to ensure their client does not inadvertently harm their case.

Guidelines for the Defendant During the Interview:

How Can a Defendant Influence the Pre-Sentence Investigation Report?

While the PSIR is primarily compiled by probation officers, defendants can take active steps to ensure the report accurately reflects their background and rehabilitation efforts:

What Are Common Mistakes Defendants Make During the Pre-Sentence Interview?

Defendants often harm their own case during the pre-sentence interview by making avoidable mistakes:

How Does the Pre-Sentence Investigation Report Affect Sentencing and Prison Placement?

The PSIR plays a critical role in determining both sentencing and prison placement:

Challenging the PSIR

Since the PSIR influences both sentencing and prison conditions, defendants should challenge inaccuracies before sentencing. Written objections should:

If inaccuracies are discovered too late, the defense attorney should request a sentencing delay to investigate and correct the report.

Final Thoughts

The Pre-Sentence Investigation Report is a pivotal document that can shape a defendant’s future. By actively participating in the process, working with a knowledgeable attorney, and correcting errors early, defendants can significantly influence their sentencing outcome and incarceration conditions. Understanding how to navigate the PSIR can make all the difference in achieving a fair and just sentence.

The post Pre-sentence Investigation Report and Interview appeared first on Law Offices of Pat Brown .

Understanding DUIs: What You Need to Know

Mon, 08 Jul 2024 15:57:56 GMT

Driving Under the Influence (DUI) is a serious offense with significant legal and personal consequences. Whether you're a first-time offender or facing repeat charges, it's crucial to understand the nuances of DUI laws and what to expect if you're charged. In this blog, we'll explore the essential aspects of DUIs to help you navigate the legal landscape.

What Constitutes a DUI?

A DUI occurs when a driver operates a vehicle with a blood alcohol concentration (BAC) over the legal limit, which is typically 0.08% in most states. However, lower limits apply for commercial drivers and drivers under the age of 21. It's important to note that a DUI isn't limited to alcohol; driving under the influence of drugs, both legal and illegal, can also result in a DUI charge. Understanding these definitions is the first step in grasping the severity of the offense.

The DUI Arrest Process

If you're pulled over by law enforcement, it's essential to know what to expect. The traffic stop is just the beginning. Officers may conduct field sobriety tests, such as the walk-and-turn or the one-leg stand, to assess impairment. Additionally, you might be asked to take a breathalyzer or other chemical tests to measure your BAC. Refusing these tests can lead to additional penalties, including automatic license suspension. Being aware of your rights and the procedures can help you remain calm and compliant during this stressful situation.

Legal Consequences of a DUI

The consequences of a DUI can be severe and vary depending on whether it's your first offense or if you have prior convictions. For a first offense, penalties often include fines, license suspension, mandatory education programs, and possible jail time. Repeat offenders face increased penalties, including longer jail sentences and higher fines. Aggravating factors, such as a high BAC level, causing an accident, or having minors in the vehicle, can further enhance these penalties. Understanding the potential consequences can underscore the importance of seeking legal advice.

Navigating the Court System

After a DUI arrest, you will go through an arraignment where you will be formally charged and asked to enter a plea. Understanding your plea options is crucial, as it sets the stage for your defense strategy. Pre-trial motions may be filed to challenge the evidence or seek dismissal of the charges. If your case goes to trial, being prepared for the proceedings and knowing what to expect can help alleviate some of the anxiety. Each stage of the court process is critical, and having a knowledgeable attorney by your side can make a significant difference.

DUI Defense Strategies

Several defense strategies can be employed to fight a DUI charge. One common approach is to challenge the legality of the traffic stop, arguing that there was no probable cause for the stop. Additionally, the accuracy and administration of field sobriety and chemical tests can be questioned. Presenting mitigating factors, such as completing a rehabilitation program, can also influence the outcome. Each case is unique, and a tailored defense strategy is essential for the best possible result.

Long-Term Consequences of a DUI

A DUI conviction can have long-lasting effects beyond immediate legal penalties. Your driving record will be impacted, which can lead to significantly higher insurance rates. Additionally, having a DUI on your record can affect current and future employment opportunities, as many employers conduct background checks. The personal ramifications, including strained relationships and a damaged reputation, can be profound. Recognizing these long-term consequences emphasizes the importance of addressing a DUI charge seriously.

Avoiding DUIs: Tips for Safe Driving

The best way to avoid a DUI is to make responsible choices before getting behind the wheel. Planning ahead can make a significant difference. Use designated drivers, taxis, or ride-sharing services when you know you'll be consuming alcohol. Understanding your limits and how alcohol affects your body can also help you make informed decisions. Exploring legal transportation options when impaired ensures your safety and the safety of others on the road. Prevention is always better than facing the severe consequences of a DUI.

Take Action Now to Protect Your Future

Facing a DUI charge can be daunting, but understanding the process and potential defenses can help you navigate this challenging situation. It's crucial to consult with a qualified attorney to explore your options and ensure your rights are protected. Contact the Law Offices of Pat Brown today for more information or to book your consultation.

Comparing DUI Laws: Connecticut vs. Neighboring States

Mon, 24 Jun 2024 17:37:55 GMT

Driving under the influence (DUI) laws vary significantly across state lines, affecting residents who travel or move between states. This blog compares the DUI laws of Connecticut with its neighboring states—New York, Massachusetts, and Rhode Island—to highlight key differences and their implications.

1. Legal Blood Alcohol Concentration (BAC) Limits

Connecticut :

Standard legal BAC limit: 0.08%
Commercial drivers: 0.04%
Drivers under 21: 0.02%

New York:

Standard legal BAC limit: 0.08%
Commercial drivers: 0.04%
Drivers under 21: 0.02%

Massachusetts :

Standard legal BAC limit: 0.08%
Commercial drivers: 0.04%
Drivers under 21: 0.02%

Rhode Island:

Standard legal BAC limit: 0.08%
Commercial drivers: 0.04%
Drivers under 21: 0.02%

While the BAC limits are uniform across these states, enforcement and penalties vary.

2. Implied Consent Laws

Connecticut : Drivers implicitly consent to BAC tests; refusal leads to automatic license suspension (6 months for first refusal).

New York: Refusal to submit to a BAC test results in a one-year license revocation and a civil fine.

Massachusetts : Refusing a BAC test results in a license suspension ranging from 180 days to life, depending on prior offenses.

Rhode Island : Refusal results in a 6-month to one-year license suspension and fines.

Implied consent laws underscore the importance of compliance, as refusal penalties can be severe.

3. DUI Penalties for First-Time Offenders

Connecticut :

Fine: $500 - $1,000
Jail time: Up to 6 months
License suspension: 45 days

New York:

Fine: $500 - $1,000
Jail time: Up to 1 year
License revocation: Minimum 6 months

Massachusetts:

Fine: $500 - $5,000
Jail time: Up to 2.5 years
License suspension: 1 year

Rhode Island:

Fine: $100 - $400
Jail time: Up to 1 year
License suspension: 30 - 180 days

Connecticut’s penalties for first-time offenders are moderate compared to neighboring states, with Massachusetts imposing the harshest potential penalties.

4. Ignition Interlock Device (IID) Requirements

Connecticut : Mandatory for all convicted offenders for a period of 1 year.

New York : Required for at least 6 months for all DUI convictions.

Massachusetts : Required for at least 2 years for second and subsequent offenses.

Rhode Island : Required for repeat offenders as part of probation.

Connecticut and New York impose mandatory IID requirements for all offenders, emphasizing stricter controls for preventing repeat offenses.

Implications for Travelers

Travelers should be aware that while basic DUI thresholds are consistent, the legal repercussions of a DUI conviction can vary widely. For instance, penalties in Massachusetts and New York are generally more severe than in Connecticut and Rhode Island. Compliance with BAC testing is crucial, as refusals carry substantial penalties across all states.

Contact Us For Further Information

If you have questions about DUI laws in Connecticut or need legal assistance, contact our office for a consultation. Staying informed and prepared is crucial for safeguarding your driving record and your future. Contact us today for expert guidance tailored to your situation.

National Trial Lawyers Announces Alissa Gatto as a Criminal Defense Top 40 Under 40 Trial Lawyer in Connecticut

Wed, 24 Jan 2024 20:10:28 GMT

THE NATIONAL TRIAL LAWYERS ANNOUNCES ALISSA GATTO AS A MEMBER OF THE NTL - CRIMINAL DEFENSE - TOP 40 UNDER 40 TRIAL LAWYERS IN CONNECTICUT

The National Trial Lawyers proudly announces the selection of Alissa Gatto, a distinguished member of Law Offices Of Pat Brown - Avon, as an NTL - Criminal Defense - Top 40 under 40 Trial Lawyer in the state of Connecticut.

The Top 40 Under 40 distinction is bestowed upon a select group of attorneys who exhibit superior qualifications, exemplary trial results, and exceptional leadership in the realms of criminal defense and/or civil plaintiff law. Membership in The National Trial Lawyers Top 40 Under 40 not only recognizes these legal professionals for their achievements but also offers invaluable legal news, information, and continuing education resources to trial lawyers nationwide.

About The National Trial Lawyers:

The National Trial Lawyers is an invitation-based organization dedicated to recognizing and promoting excellence in the legal profession. Comprising the top trial lawyers in each state, the organization provides a platform for networking, knowledge-sharing, and professional development within the legal community. For more information, visit http://thenationaltriallawyers.org/.

National Trial Lawyers Announces Jessica Skowronek as a Criminal Defense Top 40 Under 40 Trial Lawyer in Connecticut

Mon, 30 Oct 2023 20:19:27 GMT

The National Trial Lawyers is pleased to announce that Jessica Skowronek of Law Offices Of Pat Brown - Avon has been selected as an NTL - Criminal Defense - Top 40 under 40 Trial Lawyer in the state of Connecticut.

This honor is given to only the top 40 under 40 attorneys for their superior qualifications, trial results, and leadership as young criminal defense and civil plaintiff lawyers. Membership into The National Trial Lawyers 40 Under 40 provides recognition to these distinguished attorneys, and provides essential legal news, information, and continuing education to trial lawyers across the United States.

The National Trial Lawyers congratulates Jessica Skowronek for continuously striving to encompass knowledge, skill, experience, and success. By combining resources, power, and influence, The National Trial Lawyers Top 40 Under 40 is dedicated to preserving and defending justice for all.

To learn more about The National Trial Lawyers, please visit: http://thenationaltriallawyers.org/.

Attorney Brown Discusses His Latest Civil Rights Case Against the Waterbury Police Department

Wed, 06 Sep 2023 20:44:19 GMT

Attorney Pat Brown, representing Waterbury resident Elijah Guadalupe, appeared in an interview with Channel 3's I-Team to discuss a civil rights lawsuit that is set to file against the Waterbury Police Department. The lawsuit alleges that Guadalupe was severely assaulted inside the Waterbury jail, causing significant injuries including a fractured nose and chipped teeth, in response to his attempt to resist being put into handcuffs.

“Even if you are not allowing someone to handcuff you, force has to reasonable under the circumstances,” said Brown in the interview. “You can see his injuries. They’re severe. I can’t imagine that there’s any justification for that amount of force.” He has already lodged a complaint with the Waterbury police department and intends to file a federal civil rights lawsuit in the upcoming weeks.

To read the full article and view the video on Channel 3 News, Click here.

Are You an Asian or Caucasian Discriminated Against Via Affirmative Action, DEI and ESG?

Wed, 05 Jul 2023 14:28:52 GMT

We are expanding our civil rights discrimination practice post Harvard and UNC Supreme Court decisions on the constitutionality of affirmative action by state actors and private employers with over 15 employees. If you have suffered from discrimination by any federal, state or local government or a private employer with more than 15 employees, we believe these decisions open the door for Title VI and Title VII lawsuits for the following:

Racial preferences and quotas that exclude anyone on the basis of race, color, religion, sex or national origin.
The use of numerical benchmarks and specific hiring quotas based on race, color, religion, sex or national origin..
Any DEI or ESG policies that pick winners and losers on the basis of race, color, religion, sex or national origin.
Any DEI and ESG policies, such as mandatory anti-racism training, that create a hostile work environment which is a well-recognized form of employment discrimination.

We have spent decades combating discrimination representing protected classes for discrimination based on race and gender. This change only makes it clear discrimination is illegal; based on race no matter what race with which you identify. These decisions make the discrimination and hostile work environment created by most of these DEI and ESG programs no longer something that can just be hidden away. At our firm, we stand against all discrimination in any form, against any person and by any person, government, or company. We welcome the opportunity to expand out discrimination practice to help end all discrimination.

Atty. Brown Receives Top One Percent Status and Membership with NADC

Tue, 25 Apr 2023 19:29:47 GMT

J Patten Brown , of Law Offices Of Pat Brown, has been selected to the 2023 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel . NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.

To learn more about this organization, visit https://www.distinguishedcounsel.org/ .

Can You Refuse a Breathalyzer in Connecticut?

Wed, 24 Aug 2022 13:20:44 GMT

Not every DUI stop ends with a breathalyzer test. A police officer may arrest you for DUI based on field sobriety tests such as the Horizontal Gaze Nystagmus Test or Finger-to-Nose Test. These, combined with erratic driving, slurred speech, and the smell of alcohol on your breath, may be enough proof for the arresting officer to document.

But what if the officer requests a breathalyzer after you have been arrested? Do you have to agree to take it?

Can I Refuse a Breath Test After a CT DUI Arrest?

Yes, but prepare to face the consequences. When you were issued a driver’s license in Connecticut, you agreed to a lot of things including implied consent. According to CT General Statute § 14-227b , “Any person who operates a motor vehicle in this state shall be deemed to have given such person's consent to a chemical analysis of such person's blood, breath or urine”. In other words, in order to legally drive, you must agree to chemical testing if you are found to be an intoxicating danger to yourself or others on the road.

Refusing to take a breath test (or blood or urine) will result in immediate suspension of your driver’s license. Again, driving is a privilege, not a right. The police officer must:

Arrest you and read you your constitutional rights
Request that you take a field sobriety test
Allow you to contact an attorney before taking the test
Confirm you know that refusal can be used against you in a court of law
Inform you that your license will be suspended if you refuse to take th e test

NOTE: Any penalties for refusing a breathalyzer are separate from other penalties resulting from your DUI arrest.

Should I Call a Lawyer Before Taking a Breath Test?

Yes, especially if you have a history of DUI or if any others were at risk when you were detained. An experienced DUI lawyer will know which questions to ask you to determine if the benefits outweigh the risks when it comes to refusing a chemical test.

Also, an attorney with vast knowledge of Connecticut DUI laws can represent you in the absence of BAC results by dissecting how the arrest was handled and whether or not your rights were violated. A hearing with the Commissioner of Motor Vehicles will be scheduled to challenge the suspension which is when your consulting lawyer can best represent you.

Put Your Trust in the Law Offices of Pat Brown

If you recently had a close call on the road, add (800) 409-9937 for Law Offices of Pat Brown to your contacts. We are available 24/7 to answer your call and advise you on the vital choices you’ll need to make. Our lawyers have been recognized by the National Trial Lawyers Top 40 Under 40 and Top 100 for Criminal Defense in 2021 and 2022. We are here to get you the best possible outcome for your DUI, criminal or personal injury case. Contact us to learn more about our practice.

Ignition Interlock Device After a CT DUI: What You Need to Know

Mon, 08 Aug 2022 20:24:37 GMT

After a Connecticut DUI, the court may require you to install an ignition interlock device, or IID, in your vehicle. An IID can make it possible for you to get back on the road despite a DUI conviction, rather than having your license suspended altogether. However, many people have a number of questions about those devices and how they may impact them.

What Is an Ignition Interlock Device (IID)?

An ignition interlock device is a device installed in your vehicle that measures your blood alcohol content, based on a breath test, before the vehicle will start. You will have to install an IID on any vehicle owned and operated by you for the duration of the sentence issued by the court. It will have to be calibrated approximately every 25-30 days.

Why Do I Need an Ignition Interlock Device (IID)?

An ignition interlock device is usually issued after either a drinking and driving incident or a case in which you were suspected of drinking and driving, but refused to submit to a chemical alcohol test . An IID prevents you from driving after drinking. Furthermore, you may be prompted to randomly take another breath test while driving. If your blood alcohol level is high on a second test, the vehicle will no longer operate. The state requires IIDs to prevent drivers from future driving while intoxicated incidents.

Who Pays for My Ignition Interlock Device (IID)?

You will have to pay a fee to have the ignition interlock device installed in your vehicle as well as any repairs or maintenance to the device. You may also have to pay a fee to have your license reinstated after installation.

At The Law Offices of Pat Brown, we help clients who have been accused of driving while intoxicated fight those claims and protect their freedoms. Contact us today to learn more about how we can help with your DUI case.

3 Common Questions About CT DUI Checkpoints

Sun, 12 Jun 2022 08:00:20 GMT

In 2020, approximately 30% of all motor vehicle fatalities were caused by drunk drivers. As staggering as that statistic is, it is a significant decrease over prior decades due in part to aggressive DUI/OUI penalties, ignition interlock laws for repeat offenders, and transport service support providers like Uber and Lyft who can take on the role of designated driver. According to the CDC (Centers for Disease Control and Prevention), sobriety checkpoints help reduce - by nearly 20% - alcohol-related deaths and injuries.

Here are three common questions about DUI checkpoints in Connecticut:

1. What Is a DUI Checkpoint?

A DUI or sobriety checkpoint is a selected and publicized location where law enforcement officers stop drivers (every driver or a neutral pattern) to detect impairment and prevent alcohol-related accidents, deaths and injuries. In the 1930s, sobriety checkpoints were first implemented in Scandinavia to deter people from driving while drunk with the consequence of arrest. The United States began setting up checkpoints in the early 1980s.

2. Are DUI Checkpoints Legal in Connecticut?

Yes. In 1996, Connecticut Appellate Court ruled that sobriety checkpoints are constitutionally permissible. The U.S. Supreme Court ruled in 1990 that sobriety checkpoints do not violate the 4th Amendment protection against unreasonable searches and seizures, allowing each state to decide their individual constitutionality. Since then, 38 States (including Connecticut) and the District of Columbia have authorized sobriety checkpoints.

That being said, there are several guidelines that must be followed in Connecticut. The checkpoint must be:

An area with a history of driving infractions and accidents
On well-traveled roads that would be the route of choice for impaired drivers
Clearly marked and visible
Approved in advance by a senior official

In addition to the geographic requirements, the officers assigned to the checkpoint must include a supervisor and must follow a neutral pattern for stopping vehicles (i.e. every car, every 4th car, etc.). A checkpoint strives to keep the general driving population safe while not causing inconvenience or anxiety for those asked to stop.

3. Where Are DUI Checkpoints in Connecticut?

DUI Checkpoints are hard to miss when you come upon them - strobing lights, multiple law enforcement vehicles, crawling traffic, visible signage and sometimes even a large trailer. Here are some other possible alerts to an upcoming checkpoint:

Local News. DUI checkpoints are commonly set up during a holiday or weekend when parties and large gatherings happen. The Department of Public Safety issues press releases in advance with locations, dates and times. These details are shared in local new publications and on local television news.

Internet Search. In your search engine of choice, you can enter "DUI checkpoints Connecticut" and choose results under "News". This will bring you to recently published articles or press releases about scheduled checkpoints in your area.

Traffic Apps. While a standard traffic app won't necessarily tell you if there is a sobriety checkpoint ahead, it can alert you to police presence and traffic. Provided it is a legal turn, you can reroute to avoid the suspected checkpoint ahead. You can also check out the Mr. Checkpoint website or app which is dedicated to informing users of DUI checkpoints and traffic alerts by state.

Social Media. You can find groups on Facebook and Twitter dedicated to sharing locations of upcoming checkpoints in your area.

Connecticut's Trusted DUI Defense Attorneys

At the Law Offices of Pat Brown, we know your rights when it comes to field sobriety tests and possible DUI penalties. If you or a loved one are on the wrong side of a DUI checkpoint, we can help minimize any negative consequences you may face, and possibly get some of your charges reduced. To learn more about our experience defending impaired drivers, contact us for a free consultation.

How a CT DUI Affects Your Car Insurance

Mon, 23 May 2022 17:32:05 GMT

A DUI can leave you dealing with any number of consequences , including the potential loss of your license, driving with a restricted license, and a number of fines and fees. You may also have to install a breathalyzer in your vehicle. It makes sense that a DUI can also impact your car insurance. But how?

Average Increase

The amount your car insurance will ultimately increase after a DUI will depend on a variety of factors, including:

The insurance company you use to cover your auto insurance
Whether you have any previous DUI offenses
What discounts you have on your policy
What type of insurance you carry

However, on average, a DUI in Connecticut will cause your auto insurance to go up an estimated 69% . Changing insurance companies may help you minimize the impact of a DUI, but you can still expect to pay increased rates with a new insurance company. Keep in mind that in some cases, especially after repeat DUIs , an insurance company may refuse to insure you at all.

How Long a DUI Stays on Your Record

In Connecticut, if you are convicted of driving while impaired , it could stay on your record for as long as ten years. You could find yourself paying increased rates for your car insurance just as long, even after you get your license back and have taken steps to repair your driving record.

Do You Need a Connecticut DUI Attorney?

At the Law Offices of Pat Brown, we understand the high potential penalties associated with driving under the influence. We have successfully helped many of our clients minimize those consequences. Contact us today to learn more about how we can help you defend against DUI charges.

Everything To Know About the Connecticut DUI Process

Thu, 21 Apr 2022 14:54:09 GMT

Driving in America is a privilege that can be legally taken away under certain circumstances. In Connecticut, the implied consent law gives the state the authority to conduct a blood alcohol test on any driver at a moment's notice.

If a BAC test reveals you're driving under the influence or have elevated blood alcohol levels, you risk getting criminal and administrative punishments. But these are just the tip of the iceberg of what to expect after a Connecticut DUI offense. This post explains the details of the entire DUI process in Nutmeg state.

The Difference Between DUI and DWI

Driving under the influence ( DUI ) and driving while intoxicated (DWI) are pretty much the same thing with similar consequences, depending on the type of vehicle, driver's age, and blood alcohol content level.

What Are Field and BAC Tests?

Every person consents to a BAC test once they become legally licensed drivers in Connecticut. These are legally sanctioned tests to determine whether an individual is above the limit that gives probable cause for a DUI or DWI arrest. They include:

Walk and turn test
Stand on one leg test
Chemical BAC test (blood or urine sample)
Breathalyzer analysis

Types of DUI Charges in Connecticut

DUI charges in Connecticut vary depending on the driver's age and vehicle type and use. These are some of the common offenses punishable by law:

DUI: Drivers aged 21 or more have an elevated BAC if their final BAC test is above .08%
Commercial DUI: Commercial drivers are legally considered above the limit if their BAC test reads .04%.
Underage DUI: If you're below 21 years , your blood alcohol level is beyond the recommended limit for underage children when it's more than .02%
Marijuana DUI: No test can confirm a Marijuana DUI , but police can use other indicators such as behavioral tests or appearance to determine your level of impairment while driving.

Penalties for DUI Offenses in Connecticut

Connecticut has different penalties for DUI charges, from fines to license suspension and even jail time. They are categorized according to the following:

First-Time Offenders

If it's your first time DUI in Connecticut, expect the following criminal and administrative punishments:

Fines: A first-time DUI conviction can cost you anything from $500 to $1000 in fines, as an adult or underage.
License suspension: Expect a 45-day license suspension, after which you must drive interlocked vehicles for a year, especially if it was manslaughter.
Jail time: You face up to six months in prison for a first-time DUI offense. Alternatively, you may be put on probation or serve 100 hours of community service.

Second-Time Offenders

If you're convicted for a second DUI offense in Connecticut, you stand to face the following penalties:

Fines: Second-time offenders pay a penalty of $4000, depending on the extent of their crime
License suspension: Your license is suspended for no less than 45 days for a second DUI offense. You will also have to drive an interlocked vehicle for at least three years, especially if the crime causes death or severe injury.
Jail time: You may serve a two-year jail sentence as a second-time offender, especially if the crime resulted in a person's death or severe injury. If not, you may do 100 hours of community service and attend a drug and alcohol abuse treatment program.

Third-Time Offenders

If you commit a third DUI offense within ten years after your second conviction, you face the following consequences:

Fine: Expect to pay no less than $8000 in fine for a third DUI offense in Connecticut or probation that includes 100 hours of service to the community.
License suspension: DMV permanently suspends your license as a third-time offender, so you can only drive interlocked vehicles. However, you can appeal the decision after ten years of compliance and good road behavior.
Jail time: A third-time offense is punishable by a maximum of three years in prison if it was a 2nd-degree manslaughter.

Contact Pat Brown for Trusted DUI Legal Representation

These are some of the DUI charges you can expect to face and their penalties in Connecticut. A lawyer is crucial to mounting a proper defense against your DUI charge, regardless of your age or vehicle type you operate. At the Law Offices of Pat Brown , we have lawyers who have handled thousands of DUI cases and won. Contact us today for the best legal representation in Connecticut.

Second DUI in CT? What You Need to Know

Mon, 28 Mar 2022 18:27:29 GMT

Driving under the influence of alcohol or drugs is illegal in Connecticut, as it is in every other state. In Connecticut, a DUI carries administrative and criminal punishments. If a motorist has previous DUI convictions, both sorts of sanctions become more severe.

This piece is solely concerned with the consequences of a second violation. A DUI is deemed the second violation in Connecticut if it occurs within ten years of a previous conviction

Second DUI Penalties in Connecticut

Second DUI violations can result in administrative or criminal penalties, and sometimes both.

Administrative Penalties

The DMV imposes administrative licensing and driving privilege sanctions after a DUI arrest. The administrative sanctions for a second infraction include license suspension for 45 days and 3 years IID obligation.

DMV permits IID terms and licenses suspension overlap, which is fortunate for the motorist. The DMV will not need a further suspension period for the DUI conviction if the motorist has paid for IID installation and has completed the 45 days license suspension imposed by the DMV. It's a tad unusual with the IID requirement: whereas the two penalties can coincide, the motorist must wear an IID continuously for three years after the conviction.

Criminal Penalties

A second DUI/OUI carries the following criminal penalties:

Jail sentences range from 120 days to 2 years: Most second-time DUI convictions lead to a two-year sentence. The offender, nevertheless, does not serve two years in jail. The court typically gives the maximum punishment of two years and then "suspends" it. This implies the offender must serve the obligatory requirement of 120 days in prison, with the remainder of the two-year term as a potential punishment if the offender breaches probation.
$1,000-$4,000 fine: Most instances lead to a fine of at least $1,000. Nevertheless, there are court fees in addition to the penalty.
3 years IID requirement: The motorist must take their IID to a service station to be tested once a month. However, the monthly leasing charge includes this testing.
Probation. The sentencing judge determines the probation period for a second offender. However, a duration of 18-24 months is to be expected. The $200 probationary charge is paid automatically and is not mentioned.

Get in Touch With a Connecticut DUI Attorney

At the Law Offices of Pat Brown, we have numerous decades of experience skillfully defending individuals charged with DUI in Connecticut. We work relentlessly on your behalf, looking into every legal option to mitigate the situation as much as feasible. Contact us immediately to set up a private and discreet consultation.

What To Expect With a First Offense DUI in Connecticut

Mon, 07 Feb 2022 16:09:57 GMT

Anyone who is caught operating a motor vehicle while "under the influence" in Connecticut will be arrested and face charges. Connecticut's laws are designed to deter drivers from driving while drunk, being high on marijuana, or being impaired by prescription drugs. Connecticut laws are clear on what penalties an impaired driver will face. These penalties include not only criminal consequences, but convicted DUI drivers will also face administrative restrictions on their driving privileges through Connecticut's Department of Motor Vehicles.

If you are arrested in Connecticut on a DUI charge, you should contact a local DUI attorney immediately. A Connecticut DUI case can be time-consuming and costly if you don't have any professional legal help. A DUI attorney can help minimize any negative consequences you may face, and possibly get some of your charges reduced.

Connecticut DUI drivers can be subjected to the following consequences:

Connecticut's First Offense DUI Criminal Penalties

Connecticut's laws require that anyone convicted of a First Offense DUI must face the following penalties:

Suspended license for 45 days with IID requirements
DUI fine of $500 to $1000 dollars
Jail- 48 hours mandatory minimum, with a possible sentence of up to six months OR
Suspended six-month jail sentence with 100 hours of community service

Connecticut's First Offense DUI Administrative Penalties

Failing or refusing to take a chemical alcohol test results in a 45 day suspension of your license
An IID (ignition interlock device) must be installed in your vehicle for your license to be reinstated.
If the driver is 21 or older, with a BAC (blood alcohol concentration) of least .08, the IID must be installed for six months on the first offense.
If the driver is under 21, with a BAC of at least .02, there is a one-year minimum requirement for an IID device for a first offense.

Let an Experienced DUI Attorney Help

Being accused of a DUI in Connecticut is a serious matter, the unknown factors in your case can be overwhelming. At the Law Offices of Pat Brown, we can explain your rights, help you with your DUI case. and seek an outcome that is in your favor. Contact us today for a consultation.

Is Driving High Considered a DUI in Connecticut?

Sat, 15 Jan 2022 16:00:52 GMT

Driving while under the influence in any state is possible grounds for a driver to be arrested, charged, and detained in the local county jail. Connecticut has strict laws against any individual driving behind the wheel while impaired, including being high on marijuana.

Can I Be Arrested If I Am Driving High In Connecticut?

Yes. Although marijuana is considered as legal in a number of states, driving while high off any drug in Connecticut is illegal. Connecticut DUI laws prohibit any driver from operating a motor vehicle while under the influence of alcohol, marijuana, or prescription medication. The law treats this as a criminal offense, and you can be charged with a DUI.

If convicted on a DUI charge, the penalties can vary from mandated drug rehabilitation to jail time . Being arrested for a DUI crime in Connecticut is a serious offense, and contacting an experienced DUI attorney will help you know your rights.

How Will Officers Know If I Am High?

Unlike sobriety tests done during suspected DUI stops, Connecticut law enforcement officers are not able to immediately test for the quantity of drugs in anyone's system at the time of their arrest. However, officers are trained to notice other factors that may indicate impairment, such as the condition of a driver's eyes, or noticing odors associated with drug use.

Also, any individual who is arrested for a possible DUI in Connecticut for marijuana will be asked to submit to a urine test which detects the presence of any drug in your system. If you take a urine test while in custody, it is important to speak with an attorney in Connecticut who is experienced on how DUI administered drug tests can impact your case.

Defense Against A DUI Arrest

At the Law Offices of Pat Brown, we defend our clients from misdemeanors to felonies in both state and federal court. With years of experience as public defender and prosecuter, we can represent you for any type of DUI charge in Connecticut. Contact us today for a free consultation to learn more about your legal rights.

Special Pleas in Criminal Cases

Sat, 15 Oct 2016 04:15:00 GMT

When facing criminal charges, defendants often have various plea options that can significantly impact the outcome of their case. While many people are familiar with the standard guilty and not guilty pleas, special pleas provide alternative legal strategies that can protect a defendant’s rights and future. These specialized pleas may help preserve the right to appeal, mitigate sentencing consequences, or even maintain a claim of innocence while accepting a conviction. Understanding these options is essential for anyone navigating the criminal justice system. Below, we explore different types of special pleas and how they can be used effectively.

The Open Plea

An open plea is one in which you plead to the full indictment or information without any agreement with the prosecutor or judge.

An open plea may be to your advantage where both of two conditions apply:

For example, in federal fraud cases where you contest the loss amount and the prosecutor wants a waiver of appeal, the prosecutor may offer to dismiss some counts for a plea. However, where no count carries a mandatory minimum or consecutive sentence, the dismissal may not earn you much, if anything. On the other hand, with an open plea you might reap the benefits of a plea, seek a more favorable sentence and then appeal the sentence if it is excessive.

Appeal Waivers

Even after a plea, you can appeal your sentence as illegal or excessive. However, with the proliferation of appeals from sentences in guideline sentencing regimes, it has become routine for federal prosecutors to insist that as part of the plea agreement, you waive any right to appeal either the conviction or sentence.

The federal courts uniformly have upheld appeal waivers, while a minority of state courts have disagreed.

The waiver also may include any collateral attack rights such as habeas petitions. This provision is more problematic because it forbids you from attacking the process that resulted in the very agreement with which the government seeks to bind you. Thus many courts will permit you to raise issues of ineffective assistance of counsel and the involuntariness of your plea despite explicit waivers of collateral attack rights.

Bench Trial with Stipulated Facts

If your jurisdiction does not provide for conditional guilty pleas and you and your attorney desire to preserve a meritorious legal issue for appeal, consider a bench trial on stipulated facts.

Judges grant leniency for guilty pleas because they save time and demonstrate the defendant’s contrition. If you waive a jury and stipulate to the facts, and your attorney explains that though you do not contest your factual guilt, you have a meritorious legal issue which deserves appellate review, you might be able to preserve the issue for appeal as well as obtain the sentencing discount which a guilty plea warrants.

No Contest Pleas

Sometimes people realize that the evidence is stacked against them and they want to secure the benefits of a guilty plea, but do not want to admit guilt. They may have difficulty facing friends and family, or they actually may be innocent. Other defendants rightfully wish to avoid the collateral estoppel effect that an admission of guilt will have in subsequent civil litigation brought by the victims, regulatory agencies or shareholders.

In such cases, it may be reasonable to enter either a “no contest” (or “ nolo contendere ”) plea or an “ Alford ” plea.

A no contest or nolo contendere plea is one in which you do not plead guilty but consent to the entry of a judgment of conviction.

In an Alford plea, you plead guilty but maintain your innocence.

A court is not required to accept either a no contest or an Alford plea. In some jurisdictions, the court cannot accept a no contest plea without the prosecution’s consent. Some prosecutors’ offices have a policy to oppose no contest pleas except “in the most unusual circumstances.”

Plea in Absentia

A plea in absentia allows a defendant to enter a plea without being physically present in court. This is typically used in misdemeanor cases where the defendant is unable to appear due to logistical or personal reasons. With legal representation, a defendant can plead guilty or no contest without having to travel to court, saving time and potential legal complications. However, not all courts permit pleas in absentia, and they are generally not allowed in felony cases.

Best Interest Plea

A best interest plea is a type of guilty plea where the defendant does not admit guilt but acknowledges that the prosecution has enough evidence to likely secure a conviction. Similar to an Alford plea, this strategy allows the defendant to accept a plea deal without making a direct confession. It is often used when a defendant wants to avoid the risks of trial but does not want to explicitly admit wrongdoing.

Conditional Pleas

A guilty plea waives all but nonjurisdictional issues, even hotly litigated pretrial motions. Some jurisdictions permit, if the prosecution consents, “conditional pleas” in which the parties agree that the defendant may appeal specified pretrial issues.

Juvenile Consent Decree Plea

For juvenile offenders, some courts allow a consent decree plea, where a young defendant agrees to enter a probationary program in exchange for having their charges dismissed upon successful completion. This option prioritizes rehabilitation over punishment and helps juveniles avoid having a permanent criminal record. It is often used in minor offenses or first-time delinquency cases.

Deferred Adjudication Pleas

In some jurisdiction s, a defendant may enter a deferred adjudication plea, which allows them to avoid a formal conviction if they successfully complete probation or other court-imposed requirements. This plea is particularly useful in cases where the defendant has no prior record and wishes to avoid long-term consequences. If the defendant meets all conditions set by the court, the charges may be dismissed. However, failure to comply could result in sentencing as if the defendant had pleaded guilty.

Know Your Plea Options – Seek Legal Guidance

Choosing the right plea can have lasting effects on your freedom, record, and future opportunities. Special pleas provide strategic options that can help mitigate the impact of criminal charges. If you or a loved one is facing criminal prosecution, it is crucial to have experienced legal counsel to guide you through the plea process. Contact the Law Offices of Pat Brown today to discuss your case and explore the best defense strategy tailored to your situation.

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9 Common Defenses in Criminal Cases

Sat, 15 Oct 2016 04:14:00 GMT

In criminal cases, the prosecution presents its evidence first. When the prosecution rests, it is the defendant’s turn to present evidence in his or her defense. The defendant’s theory of the case often rests on one of these nine common defenses:

1. SODDI (“Some other dude did it”)

This defense has the advantage of diverting the focus from the criminal defendant real perpetrator, who is not there to defend himself. It also enables the defendant to put the police investigation on trial by appealing to a narrative that resonates with many jurors: the lazy bureaucrats ignored clues pointing elsewhere once they arrested the poor, hapless defendant. This theory of defense does not require the defendant to testify because he had nothing to do with the crime and would know nothing about who did. A criminal defendant has a constitutional right to present this theory of defense.

2. Consciousness of innocence

If the defense is lack of intent or lack of knowledge, the criminal defense lawyer can turn evidence of non-action or even harmful evidence to the defendant’s advantage by arguing that it shows that the defendant believed he had done no wrong. For example:

3. Good faith

If the criminal offense charged requires fraudulent intent, the defendant might present evidence demonstrating that he acted with a sincere belief in the honesty of his enterprise and the truth of his representations. This defense works best when the defendant can testify to efforts and sacrifices he made for the good of the alleged victims.

4. Advice of counsel

The basis of this defense is that before undertaking his business enterprise, the defendant consulted counsel to determine the legality of his actions and followed his lawyer’s advice. If the lawyer will testify, this defense can be powerful. However, this defense is persuasive only if the defendant fully disclosed all relevant facts to the lawyer and faithfully followed his lawyer’s advice. Caution: Relying on this defense can be a risky undertaking because the prosecution will try to scare the lawyer into thinking he is at risk of prosecution, and the lawyer might hedge and claim he did not know the full scope of the criminal defendant’s plans.

5. Agency

Some courts have carved out a defense for drug sale or delivery charges where the defendant acted as the agent of the buyer, with only the intent to assist the buyer in obtaining drugs for the buyer’s personal use. Courts have become increasingly skeptical of this defense. It works best if the defendant can prove he had a relationship with the buyer and did not benefit from the transaction, so that he can argue his motive was friendship, not monetary gain. Similarly, some courts recognize a “sharing” defense to a charge of distribution or possession with intent to distribute: joint and simultaneous possession by a few individuals, with intent to share the drugs among themselves and distribute the drugs no further.

6. Alibi

An alibi (evidence that the criminal defendant was somewhere else at the time of the crime) is a common, but often unproductive, defense to criminal charges. The defendant usually wants to rely on friends, lovers and family, all of whom the jury will recognize as biased, and none of whom have any corroboration or specificity for their stories. Although the prosecution bears the burden of disproving an alibi and still must prove guilt beyond a reasonable doubt, juries tend to switch the burden to the defense upon hearing an alibi. If they believe the alibi, they will acquit; if not, conviction is probable.
An experienced criminal defense lawyer will rely on an alibi defense only if it can be corroborated with records from a disinterested source (e.g., a work time-clock, a highway electronic toll record, or an ATM receipt for a withdrawal on the defendant’s account).

7. Affirmative defenses

Affirmative defenses are those which do not negate the specific elements of the criminal offense, but offer a broader defense to the criminal charges: insanity, self-defense, justification, duress and entrapment. In theory, a defendant can present alternative defenses by denying guilt and offering an affirmative defense; in reality, this tactic usually is self-defeating. A criminal defendant should try to avoid affirmative defenses, for two reasons:

8. Police Misconduct

If law enforcement officers engage in misconduct, such as planting evidence, coercing confessions, or conducting unlawful searches, a criminal defense attorney can challenge the case based on violations of constitutional rights. The Fourth Amendment protects against illegal searches and seizures, while the Fifth and Sixth Amendments safeguard against coerced confessions and guarantee the right to legal counsel. If police misconduct can be proven, evidence may be suppressed, and charges could be dismissed entirely.

9. Lack of Evidence

In every criminal case, the prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. If there is insufficient or weak evidence, the defense can argue that the prosecution has failed to meet this high standard. This strategy involves scrutinizing witness credibility, highlighting inconsistencies in testimony, and exposing gaps in forensic evidence. If reasonable doubt exists, the jury is legally obligated to acquit the defendant.

Protect Your Rights - Contact Us Today

If you or a loved one is facing criminal charges, having a strong defense strategy is crucial. At the Law Offices of Pat Brown , we have the experience and knowledge to fight for your rights and build a solid case in your defense. Don’t face the legal system alone— contact us today for a consultation and let us help you navigate the complexities of your case. Your future depends on the right legal representation.

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