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Peter Gilbert Billings
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Peter Billings’s Answers

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  • I need to see if someone can tell me how much time my little brother is going to do based on his charges.

    My little brother is 24 he has prior drug conviction as has recently been arrested for several more including operating a drug factory. I am trying to hire a lawyer, however, most of them have said they need $5,000.00 and I don't have that kind of...

    Peter’s Answer

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    It certainly sounds like your little brother will need an attorney. As the other responses have suggested, he can certainly apply for a Public Defender who are attorneys. In terms of hiring a private attorney, I recommend calling several and meeting with one or two that you feel most comfortable before making a decision. In terms of pricing, attorneys will set their own fees and do change attorney to attorney. In setting my own fees, it depends on a number of factors including the seriousness of the offense, the court house, the client's previous record and many others. I would be glad to speak with you about the details of your brother's case and give you a quote. Good luck!

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  • Can I get alimony reduced or stopped based on Co-habitation laws in CT.

    Ex-Wife has been cohabitating for over 4 years since we separated and after we divorced in 2011. Boyfriend claims to live with his mother, however, prior to their relationship he always had his own apartment. Currently, his mother sold her home...

    Peter’s Answer

    In most cases, you are be able to request a modification. There are, however, some instances in which alimony is "non-modifiable." This depends on the language of the divorce agreement or court order. Nevertheless, assuming the agreement allows for a modification whether a court would enter such a modification will depend on a large number of factors and the evidence which is presented to the court. It certainly sounds like you would have a good argument but it is never easy. Seeking this modification would be a significant process and given the type of evidence you would want to present I think it would be a very good idea to hire an attorney to assist you with this process. I would be glad to speak with you so don't hesitate to contact my office. Good luck!

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  • Reopening court cases all motor vehicle

    My license was already suspended for 30 days, now in order for me to get it back I have to reopen 6 cases at 2 different courts. The one I am concerned about is, reckless driving, and operating without a license, and no insurance. I already went t...

    Peter’s Answer

    It sounds like you may not have all the information or are miss informed about some aspects of the case. You seem to suggest that your motor vehicle cases have been closed out for failing to appear in court to face the charges (this is referred to as a 14-140 close out). However, reckless driving is typically classified as a crime and therefore if you missed court you have been ordered re-arrested for failure to appear (which is a crime in and of itself) rather than the case simply being 14-140 as would happen with only motor vehicle infractions. Thus, more information is needed to truly answer your question. But in the event you are faced with criminal charges (i.e., reckless driving or FTA) they would involve the possibility of incarceration. On the other hand, if you are only charged with motor vehicle infractions than the court can only impose a fine. In either circumstance, any plea can result in a further license suspension. With this said, it is important that you address all of the cases and ensure they are resolved. Please feel free to contact me at 203-562-0900 with any questions and I would be glad to discuss the case with you. Good luck!

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  • I am 19 years old and i got caught burglarizing someones house am i going to go to jail for my first time offence

    i live in the state of ct first time offence i didnt take anything but the kid that i was with did and i gave him a ride to a pawnshop

    Peter’s Answer

    It is very difficult to answer that question without knowing much more about the case and the situation. There are a wide range of outcomes that may occur in a case such as yours. As the other attorney has indicated, it could range from a program where the charges are ultimately dismissed to potential jail time. It will depend on the prosecutor, judge and the specific facts of your case. Given the serious nature of the charges, you should hire an attorney as soon as possible.

    More information about the court process and criminal procedure is available on my website: www.billingsandbarrett.com.

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  • Issues that could be brought up in court on a 2 and a half year old arrest warrant issued for arrest in the state of Connecticut

    I had an arrest warrant issued for my arrest for two class B misdemeanors about 2 and a half years ago. I was not running away from it,just found out about it. I personally believe that theirs prejudice raised on my defense being that the case is...

    Peter’s Answer

    You will certainly want to read the recent Connecticut Appellate Court decision of State v. Woodtke (http://caselaw.findlaw.com/ct-court-of-appeals/1577971.html). It seems to me you have a claim that is worth considering. Essentially, your claim would be that the warrant was not served within a reasonable time frame and therefore the prosecution violates the statute of limitations.

    Connecticut General Statute § 54—193(b) provides in relevant part that an individual may be prosecuted for a misdemeanor only if prosecution commences within one year after the offense was committed. However, once the “prosecutorial authority has done everything possible within the period of limitation to evidence and effectuate an intent to prosecute, the statute of limitations is tolled.” State v. Crawford, 202 Conn. 443, 450 (1987). BUT, “in order to toll the statute of limitations, an arrest warrant, when issued within the time limitations of § 54—193(b), must be executed without unreasonable delay.” State v. Crawford, 202 Conn. 443, 450 (1987). Therefore, the issuance of an arrest warrant within the statute of limitations will effectively toll the statute of limitations only when the warrant is also executed (meaning served on you) without unreasonable delay.

    Whether this is a valid claim for your case will depend on the specific facts. As you will see in Woodtke the court considers a number of facts which will vary from case to case. Nonetheless, based on your question and the court’s decision in Woodtke, it certainly seems you have a claim that would be worth looking into. Good luck!

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  • Our condo association neglects to keep our grounds clean we end up doing most of it what our my rights

    we have put in work orders, called the president nothing happens.

    Peter’s Answer

    In most cases your rights will be specified in the Condominium Association Agreement or the Bylaws. Without reviewing these documents it is difficult to know what options are available to you. Good luck!

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  • Violation of probation!

    I was on conditional discharge probation from the court for 2 years probation and 12 months suspended. Had about 3 months of probation left and had a warrant for my arrest issued for a misdemeanor,I never got served with any notice of VOP letter o...

    Peter’s Answer

    • Selected as best answer

    Attorney Wing is correct. In order to issue a warrant for Violation of Probation or Violation of a Conditional Discharge the warrant must be signed while the probation or conditional discharge is still active. Once the probationary period has expired, you can not be prosecuted for a violation thereof.

    Based on the facts as you describe them it seems unlikely that the state has already issued a Violation of Probation warrant. You can confirm this by calling the police department or checking the Connecticut Judicial Branch website for an outstanding Violation of Probation warrant (http://www.jud2.ct.gov/VOP/). Assuming they have not issued the warrant and your probation has expired, the state will not be able to bring it up when you turn yourself in on the new charges.

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  • Can i press charges if someone has filed MANY reports and orders for protection to the police that are false?

    the allegations made against me and my fiance were completely false, all of this was done out of spite and we have a few witnesses who are willing to write statements. also the allegations made were serious charges, this person is trouble and has ...

    Peter’s Answer

    You have asked two separate questions. The first is whether you can file a report with the police. You can certainly file a report with your local police department but whether anything will happen will depend on the facts and the police department. They might only take your statement and that is all that comes of it or they might conduct some sort of investigation and try to have a warrant signed in order to arrest this individual. It will depend on the facts and the police department. Also, it is worth noting that any statements you give to the police could later be used against you.

    Your second questions seems to concern obtaining a civil restraining order. To obtain a civil restraining order you would have to go to your local court house, speak with the clerk and fill out various forms. Whether the court grants your application will depend on a number of factors.

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  • For 2nd degree threatening, will no contest be best if you have a clean record?

    A phone call was made to a ex-employee regarding the news about a shooting that happened. and a joke was made relating to that news, about shooting up the workplace.

    Peter’s Answer

    As Attorney Goldsmith indicates, the outcome of any case will depend on a large number of factors. Given the fact that you have a clean record, you may want to consider the pre-trial diversion program called Accelerated Rehabilitation. If the court were to grant this program you would obtain a dismissal after you successfully complete the term of probation ordered by the court. It is available to those people who have no criminal record and have not used the program in the past. If you are charged with certain charges, you can also be ineligible for this program. The granting of this program is in the sole discretion of the court. In making that determination the court considers the seriousness of the allegations and the likelihood the defendant is to re-offend.

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  • Can I transfer my probation from my current city to the city I moved to? And how?

    east hartford to hartford

    Peter’s Answer

    This is entirely up to the Department of Probation. In my experience, however, this is something that is regularly done. To begin the process you should contact your Probation Officer.

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