I Can Beat It!!!!

There are two ways that police can initiate criminal proceedings in Connecticut. The first is from their personal observation based upon what is known as “speedy information.” These are the kind of arrests that the police make when they are on the scene of a crime. They are known as “on site” arrests. On site arrests have to happen quickly and if too much time passes the police must go and apply for an arrest warrant to effectuate an arrest.

A warrant arrest is the second way that arrests occur in Connecticut. The arrest warrant process involves the Police officer writing out a sworn statement of allegations against you which the officer feels proves you committed a crime.

It is important to realize that our criminal justice system is an adversarial process. The way the system is designed, people who are accused of crimes are allowed to have lawyers like me to defend them and present exculpatory evident to contest the allegations against them.

The problem with arrest warrants is that when a police officer is drafting an arrest warrant there is no lawyer there to keep the officer honest to make sure he includes all the facts – even those facts which may show that you are innocent. There is no one there to overlook the work of the police officer to verify if the assertions contained in the warrant are accurate and reasonable based upon the actual evidence or if they are over exaggerated. In practice, Police often leave out any information which tends to support your innocence and only put in the bad things to try and paint the worst possible picture they can about you. They do this because by this point, they feel that you are “the guy” who committed the crime and they think they “got you.”

Often police are unable to be open minded enough to consider that there could be other suspects. Many police officers see their jobs as being agents of the State’s Attorney to prosecute cases and not investigators of the truth.

After a police officer prepares an arrest warrant application it is sent off to the State’s Attorney who will review it to determine if it is a case that the State’s Attorney wants to prosecute. Every year there are hundreds of cases where the police apply for warrants and the State’s Attorney refuses to sign them because they feel there is no way they could prevail with that case at trial. The State’s Attorney does not have to prosecute every crime and has the discretion to not prosecute any particular case. The final step in the warrant process is the judicial review by a Judge of the Superior Court to determine if there is probable cause that a crime has occurred. Usually a Judge will sign most warrants as the probable cause standard is really low as I will explain in greater detail.

Probable cause is just about the lowest standard of proof we have. "Probable cause" to arrest someone exists when the facts and circumstances within the police officer's knowledge would lead the officer to reasonably believe that someone has committed a crime. "Probable cause" is more than a hunch or mere suspicion but does not require proof beyond a reasonable doubt that the person has committed a crime. A finding of probable cause in an arrest warrant does not mean that you are guilty. Probable cause does not mean that you do not have defenses to the allegations contained in the warrant. You can only be convicted if a Jury finds that the State has proven its case beyond a reasonable doubt.

Once an arrest warrant is issued and you are arrested the media and press are going to publicize the allegations in the arrest warrant all over the internet. Your employer, family and friends are all going to look at you differently. You may lose your job. It is going to effect your reputation. You are going to go through a lot of stress and expense to clear your name. The worst part is that you may have defenses to the allegations and the case may ultimately wind up getting thrown out but the damage had already been done to your reputation.

While I always feel good when I get a case against one of my clients dismissed, I am very understanding of what it feels like to be falsely accused of a crime that you did not commit and have to have the embarrassment of going through a criminal arrest. Sometimes, when the police first contact you it is possible to take a proactive approach by contacting a criminal attorney right away who can work to gather exculpatory evidence as quickly as possible to attempt to convince the police not to file an arrest warrant in your case. The best success stories I have as an attorney are the cases you never hear about because we got involved early in the process. We prevented our clients from making self incriminating statements to the police and we got our investigative team out pounding the pavement gathering evidence to prove our client’s innocence. In many of these situations every year people are never arrested. They say that an ounce of prevention is worth a pound of cure. If you have been contacted by police regarding a criminal investigation do not make any statements before speaking with an experienced criminal attorney. Make the police build a case against you – don’t make their job any easier by assisting them. Remain silent and don’t consent to any searches of your property, home, office or cell phone.

If you are the subject of a police investigation you should always remain silent and refuse to answer any questions that police may ask you without first consulting with an experienced criminal defense attorney. A lot of my clients do a lot of damage to their case by trying to talk their way out of trouble with the police. The police use these situations of crisis to manipulate you with mind games and play upon your weakness in the moment. This is why it is imperative to seek the counsel of an experienced Stamford criminal attorney who can speak on your behalf. Immediately retaining legal counsel is your best defense to a criminal investigation, not speaking to the police.

Another mistake that a lot of clients make is posting on social media when they are the subject of a criminal investigation. This is a really bad idea. Also, you should refrain from contacting the victim. A lot of times our clients have made the mistake of sending incriminating text messages or voice messages to the victims of crimes. Keep in mind that often the police will have crime victims contact you to try and trick you into making incriminating statements.

If you are the suspect in a police investigation or if you already have a warrant for your arrest issued you should contact our office immediately at (860) 251-9513 24/7 before you speak with anyone.

There is no black and white answer to this question. It really comes down to a case by case basis. In Connecticut the only arrest warrants that you can look up online are those for re-arrests. All other arrest warrants are not available online. You can request information from the investigation officer or desk sergeant but in some instances they will refuse to share the details with you. Some police departments have adopted a policy that they do not disclose arrest warrant information over the phone and will require you to personally show up at the police station to obtain information about your warrant where they will likely place you in custody and attempt to interrogate you. Sometimes, a criminal lawyer can obtain this information on your behalf. If you think you have an arrest warrant pending against you should contact our office as soon as possible so that we can coordinate a bail bond and make arrangements to turn yourself in.

A. Legal Defenses

There may be issues with the arrest, interrogation and collection of evidence by Police in your case. Was your arrest lawful? Have your constitutional rights been violated? Did the Police read you your rights before questioning you? Where you afforded an opportunity to speak with an attorney? If any of your basic Constitutional rights were violated this may be a basis upon which to file a motion to suppress the evidence against you and lead to a dismissal of the charges.

B. Factual Defenses

I approach every single case with the conviction that my client is cloaked with the presumption of innocence. The State has the burden of proving the allegations against a client beyond a reasonable doubt which is the highest standard of proof in our legal system. We will carefully examine the Police reports and witness statements against you with an eye towards discovering any errors or inconsistencies.

Where warranted forensic accounting investigations can lead to exculpatory information. In today’s information age, electronic surveillance and communications evidence in some instances can hold the key to unlocking our defensive victory. When your future is on the line we will leave no stone unturned to provide you the best possible defense. Intelligence, tenacity and hard work are the keys to building a solid criminal defense strategy. Our objective is to use every means possible to have the charges dismissed or thrown out, or significantly reduce the charges. Contact me today to have a free initial consultation and start working on a defense strategy to resolve your case.

C. Diversionary Programs

For first time offenders the accelerated rehabilitation program provides an opportunity to have the charges dismissed. With minor level misdemeanor level offenses gaining entry to the accelerated rehabilitation program is a relatively straight forward process. In every accelerated rehabilitation application it is defense counsel’s task to convince the Court that the crime is “not so serious” and that applicant is not “likely to offend again in the future.” This is a very ill defined and ambiguous term with no clear meaning. Obviously no one can predict the future. Basically what it boils down to is that the Judge must weigh the facts of the alleged crimes against the mitigating factors weighing in support of the offender to decide whether to grant the program. For class C felonies “good cause” must be shown in order for the Court to grant the application. This is an even higher threshold to reach. It is essential when having your application heard before the court that your defense counsel have prepared sufficient mitigation documents to support your application and that you have a talented and experienced advocate who can strike the appropriate balance in the words chosen to convince the Court to grant the application. It should be noted that all decisions on accelerated rehabilitation applications are final and can’t be appealed so it is essential to get it right the first time. If you qualify for the accelerated rehabilitation program I invite you to come in for a free consultation to review the facts of your case and my tactics for making a winning accelerated rehabilitation application argument.