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Defenses for criminal charges

Criminal defenses include any defenses used to fight or reduce criminal charges, such as having an alibi, being intoxicated, or acting in self defense.

Kenneth Albert Vercammen | Oct 14, 2019

E568 In this issue: 1. Reduced DL suspension for DWI 2. Recent Cases: Police False Promise

1. Reduced DL suspension for DWI with New Expanding Use of Ignition Interlock Devices. 1. Reduced DL suspension for DWI with New Expanding Use of Ignition Interlock Devices. On 8/23/2019 new laws signed expanding the use of ignition interlock device for those convicted of drunk driving offenses and of refusing breath tests. The legislation (S824) also reduces the length of license suspension and forfeitures for these offenses. This is the most significant change to DWI law in 40 years. This law requires that first time offenders install ignition interlock devices (IID), at a cost to the offender. IIDs and suspensions from then on are based upon the severity of the offense. First-time offenders with BAC of: 0.08 to 0.10 - must install ignition interlock at own cost, use for six months. License suspension of 30 days. 0.10 to 0.15 - must install ignition interlock at own cost, use for six months to a year. License suspension of 45 days. Higher than 0.15 - must install ignition interlock at own cost, use for one year to 18 months. License suspension of 90 days. Mandatory interlock for refusal School zone DWI eliminated Drunk Driving - New Law effective December 2019 For a first offense of drunk driving, the offender's driver's license is to be forfeited until an IID is installed in one motor vehicle owned, leased, or principally operated by the offender, whichever the person most often operates. If the offender's blood alcohol concentration (BAC) was 0.08% or higher, but less than 0.10%, or the offender was convicted of operating a motor vehicle while under the influence of intoxicating liquor without a BAC reading, the current three-month license forfeiture is replaced with mandatory IID installation for three months; If the offender's BAC was 0.10% or higher, but less than 0.15%, the current license forfeiture of seven months to one year is replaced with the requirement that an IID is to be installed for seven months to one year; If the offender's BAC was 0.15% or more, the current license forfeiture of seven months to one year is replaced by four to six months license forfeiture and an IID is to be installed during the period of license forfeiture, as well as for not less than nine months or more than 15 months after the period of license forfeiture. For second drunk driving offenses, the current driver's license forfeiture is two years and for third and subsequent offenses, the forfeiture is for 10 years; the IID requirement is for one to three years. Under the new law, license forfeiture is reduced to one to two years for second time offenders and to eight years for third and subsequent offenders; the requirement that IID be installed in one motor vehicle owned, leased, or principally operated by the offender, whichever the person most often operates, is increased to two to four years. The license forfeiture period for first-time offenders of driving under the influence of drugs is not changed by the substitute. Further, installation of an IID is not required for first offenses of drugged driving. The provision establishing enhanced penalties for a conviction of driving while intoxicated in a school zone is removed. Refusing a Breath Test For a first offense, the committee substitute requires the offender's license to be forfeited until the person installs an IID in one motor vehicle owned, leased, or principally operated by the person, whichever the person most often operates, rather than requiring the current seven months to one year. The IID is to remain installed during the license forfeiture and for the following nine to 15 months. For a second offense, the bill decreases the period of license forfeiture from the current two years to one to two years. The offender's license is to be forfeited until an IID is installed and is to remain installed for two to four years. For a third or subsequent offense, the committee substitute decreases the license forfeiture from the current 10 years to eight years. An IID would be required during the license forfeiture and remain installed for two to four years. The provision establishing enhanced penalties for a conviction of refusing to submit to a breathalyzer occurring in a school zone is removed. The new DWI, refusal and interlock laws will be addressed at the NJ Bar seminar Handling Drug, DWI and Serious Cases in Municipal Court Seminar October 7, 2019 5:30PM-9:05PM NJ Law Center, New Brunswick, NJ Reserve now before sold out. Seminar ISBN :ON150718 2. Recent Cases: Police False Promise of no Jail and Leniency Required Suppression of Confession State v. L.H. The State failed to prove beyond a reasonable doubt that, under the totality of the circumstances, defendant's statement was voluntary. Defendant may withdraw his guilty plea. The failure to record the identification procedure as required by Delgado requires a remand to allow defendant the benefit of a hearing to inquire into the reliability of the identification and any other remedy deemed appropriate by the trial court. (A-59-17)

Matthew W Shafran | Oct 8, 2019

Questions to Ask Before Hiring a Criminal Defense Lawyer

Hiring A Criminal Defense Attorney When you need a criminal defense lawyer, there is usually no time to waste. You’ve probably already been charged with a crime, so you need a lawyer as soon as possible. That doesn’t mean you should rush hiring a criminal defense lawyer without asking a few key questions first. This is the person who will be in charge of your defense, so you’ll want to learn as much as possible before you hire a criminal defense attorney. While the temptation is to hurry the process, it is in your best interest to carefully consider who you choose. The best way to find the right criminal defense lawyer is to have an in-person consult. This way, you can find out if the defense attorney has the qualifications and experience your case requires. And even almost as important, you’ll be able to see if you will feel comfortable working with the attorney. 1) Does the Attorney Offer a Free Consultation? An in-person meeting is essential when choosing a defense attorney. Many attorneys will offer a free consult to get the basic facts of the case. A five-minute phone call won’t do. More importantly, you will be able to see if you feel comfortable working with the lawyer for the next couple of months, or longer, depending on your case. Once you’ve had the initial consultation, the attorney will be able to give you a quote for their services. 2) How Long Have You Practiced Criminal Law? Don’t be afraid to ask this question. You want to know how much experience the lawyer has had in handling cases like yours. You want to know if the lawyer’s practice is focused mainly on criminal defense law. While any lawyer with a law license is technically allowed to work on any type of case, most do specialize in one particular area. So, beware of a lawyer who works in the area of “General Practice.” Your freedom, reputation, and future are all at stake, so you want an attorney who knows the ins and outs of the criminal justice system. This type of experience comes from being in the criminal court system on a daily basis. 3) Do You Have a Specialized Area of Criminal Law? In addition to asking your prospective lawyer if they are experienced in criminal law, you should ask them if they have a specialized area in criminal law. Criminal law cases encompass drug charges, DUIs, murder charges, and more. By asking how many cases they’ve handled that are similar to yours, you can be assured that they know what they are doing. 4) How Often Do Your Cases Go to Trial? Often criminal defense attorneys settle cases by plea bargains. This is not necessarily bad, but you will want to know that your attorney has trial experience as well. This way, you will know that you are getting the best advice. In addition, if the attorney doesn’t have a lot of trial experience, they may guide you to a plea bargain, or your case may be too complicated for them to handle. 5) How Much Is the Lawyer’s Legal Fee and When Will Payment Be Due? Money and legal fees are a sensitive subject for many people. You want the best lawyer who will get the best resolution for your criminal case, but you also may not want to commit to a lawyer whose fees create a financial burden for you and your family. It’s a tricky subject to discuss, especially when you are also stressed about the entire situation. What you can, or are willing to pay is personal, but you should be concerned when a lawyer won’t give you a definite answer about how much their services will cost. There are numerous ways criminal defense attorneys calculate their fees. Some may charge an hourly fee that draws from an initial retainer. Others may work at a flat rate or a fixed fee. This lets you know upfront how much the legal fees will be before hiring a criminal defense lawyer. Also, the severity of the case may affect the lawyer’s fee. A first-time offender will most likely have a less complicated case that will take less of the lawyer’s time so that the fee may be lower. The price may be affected by factors such as the severity of the charge, prior criminal history (if any), aggravating factors, probation status, immigration status, and the estimated length of time it will take to resolve your case. Whether or not the case goes to trial can also affect the fee. Ask for a written retainer agreement which spells out how much you will be paying, what services will be provided, and the terms of representation. Avoid any criminal attorney who tells you they will let you know their fee after your case progresses. This is a huge red flag. Some law practices offer payment plans. Arrests are rarely expected and often happen to good people at the worst possible time. And after posting bail, you may be in a financial bind. Don’t be afraid to ask about payment plans or discuss budget. It may not be a deal-breaker, but it’s good to know if the option exists. 6) Will You Be the Only One Working on My Case? If there is more than one attorney in a defense law practice, you will want to ask if the attorney you are interviewing will be the only one working on your case. Working with a team isn’t necessarily bad, but you’ll want to know ahead of time. Often, a client will retain a super expensive criminal defense lawyer, and when their court date arrives, the big shot is nowhere in sight, but rather a junior associate handling the case. Knowing who is representing you and where your hard earned legal fees are going is important. Hiring boutique firms, with partners who personally handle your case will assure you that you have the lawyer with the most experience in the firm handling your case. 7) What Is Your Intended Strategy for My Case? Asking this question lets you know how a potential attorney will approach your case. The lawyer can lay out their strategy and let you know if they think you should settle or go to trial. Legal strategy develops at the outset but can often take a turn depending on how the evidence and case unfolds. 8) How Often Will the Two of You Communicate? When faced with criminal charges and the possibility of incarceration, hefty fines, or both looming in your future, you need a lawyer who will be there when you have questions. This is a stressful time, and you will have a thousand questions on what seems like a daily basis. You may be stressed and losing sleep. You’ll want to know how accessible your attorney will be. You need to know what to expect in terms of asking questions and how long to expect it will take the attorney or someone from his office to respond. 9) What Will You Need from Me? Your attorney may need you to contribute documents and other vital information to your case. During the initial interview, the lawyer should be able to let you know what they will need you to provide. 10) How Long Will My Case Take? Your prospective lawyer may not be able to give you an exact time frame, but they should be able to give you a general estimate of the order of events and how long they expect them to take. 11) Can I Avoid a Trial? Should I? Trials are costly and emotional. You will have to pay for your lawyer’s time in court, and maybe more than once. And you are responsible for court costs that pay for the judge’s and prosecutor’s time as well. These costs add up faster than you realize. That’s where a plea bargain may be a better option for you. In a plea bargain, you can agree not to contest the charge against you in exchange for a lighter sentence. The lawyer can advise you on whether or not going to trial is the best option for you. 12) What Potential Punishments Am I Facing and How Likely are They? Every crime has standards of punishment assigned by the government. Depending on the crime, this may involve jail time, a fine, or both. Your punishment will be based on your criminal history and the factors of your case. An experienced criminal attorney will be able to tell you the potential punishment for your crime, and the likelihood of their severity, so you will be prepared for any likely outcome. 13) Why Should I Choose You? Surprisingly, the simplest questions can give you the most valuable information. A straightforward question such as ‘Why should I choose you?” can give the information you need to make your decision. There’s a lot to consider when choosing a criminal defense lawyer. Keep in mind that even seemingly minor crimes can have harsh penalties, so choosing the best lawyer to represent your case is paramount.

Kenneth Albert Vercammen | Oct 7, 2019

E569:1. Weapons Search not Permitted 2. For DWI PCR

1. Weapons Search not Permitted here after DV TRO State v. Hemenway. NJ LAWS EMAIL NEWSLETTER E569 Kenneth Vercammen, Attorney at Law October 2, 2019 E569 In this issue: 1. Weapons Search not Permitted here after DV TRO State v. Hemenway. 2. For DWI PCR on prior uncounseled DWI proceeding, neither an indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented State v. Patel. 3. Next Event. 4. Free Community Events. 5. Fun Upcoming Running Races & Charity Events Participated by Kenneth Vercammen- Ken V is running 60 races in 2019. 6. Professional Space For Rent, 2045 Woodbridge Avenue. Recent cases: E569 Recent cases 1. Weapons search not permitted here after DV TRO State v. Hemenway. The beneficent goal of protecting domestic violence victims must be accomplished while abiding by well-established constitutional norms. Before issuing a warrant to search for weapons under the Act, a court must find that there is (1) probable cause to believe that an act of domestic violence has been committed by the defendant; (2) probable cause to believe that a search for and seizure of weapons is necessary to protect the life, health or well-being of a victim on whose behalf the relief is sought; and (3) probable cause to believe that the weapons are located in the place to be searched. Transposed into the context of a domestic violence search warrant for weapons, probable cause requires that the issuing court only have a well-grounded suspicion. (A-19-18) 2. For DWI PCR on prior uncounseled DWI proceeding 2. For DWI PCR on prior uncounseled DWI proceeding, neither an indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented. State v. Patel. To secure relief from an enhanced custodial sentence for a subsequent DWI conviction, a non-indigent defendant must establish that in the earlier uncounseled DWI proceeding, (1) he was not advised or did not know of his right to counsel and (2) had he known of his right to counsel, he would have retained a lawyer. A defendant contending he was indigent must establish that in the earlier uncounseled DWI proceeding (1) he was not advised and did not know of his right to appointed counsel, (2) he was entitled to the appointment of counsel under the applicable financial means test, R. 7:3-2(b), and (3) had he been properly informed of his rights, he would have accepted appointed counsel. Because denial of counsel is a structural defect in the proceeding, to secure relief from an enhanced custodial sentence, neither an indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented. The Court removes the five-year limitation in Laurick petitions and amends Rule 7:10-2(g)(2), effective immediately, to provide the following: "(2) Time Limitations. A petition seeking relief under this Rule may be filed at any time." Here, Patel's unrebutted certifications established that his 1994 plea was uncounseled, and he had no obligation to establish that he would not have pled guilty or been convicted at trial had he been represented by counsel. The Court therefore reverses the judgment of the Appellate Division and remands the matter for proceedings consistent with this opinion. (A-13-18) 3. Next event: Webinar: Estate Planning for the "Difficult" Adult Child - How to Plan in Cases of Addicted, Perpetually Out of Work and Unhappily Married Children. Location: Online or NJ Law Center One Constitution Square New Brunswick, NJ 08901 [next to Rutgers Cook campus] Date: October 10, 2019 Time: 12:00 PM - 1:40 PM ET 4. Next Community Events. 10/5/19 Metuchen Fair [not a race] 10am-4pm, then North Brunswick Heritage day with band Parkway Soul Productions WILLS & ESTATE ADMINISTRATION seminar October 8 Edison Main Library Tuesday 7pm Edison Library 340 Plainfield Ave. Edison, NJ 08817 October 21 at 6:00 PM Monday WILLS & ESTATE ADMINISTRATION seminar Clara Barton Branch Edison Library 141 Hoover Avenue Edison, NJ 08837 Edison Elks Community Breakfast 10/13/19, and 11/10/19 - Breakfast 8:30-11AM All you can eat breakfast buffet $8 adults, $4 kids (6-12) children under 5 will be our guests. Edison Elks #2487 - Edison, NJ375 Old Post Road, Edison, New Jersey 08817 (732) 985-2487 Oct 31 Spooky Thursday on 7-9:30 Edison Elks November 16th, Miracle Madness Kickoff Party. Save the date! Edison Elks November 21st Thirsty Thursday Edison Elks 5. Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen- Ken V

Alan Peyrouton | Sep 30, 2019

Criminal Lawyers: Why We Need Them & How To Choose One

Introduction Criminal lawyers like the one Matthew McConaughey played in the Lincoln Lawyer represent people accused of all types of crimes. Defense attorneys work very hard to protect your Constitutional Due Process rights i.e., your right against self-incrimination, your right to counsel, and your right to a trial. Criminal lawyers also protect you during the “investigative” phase of your case. If you’re in need of a criminal because you have been arrested or are under investigation, this page will answer many of your questions. Why You Need A Criminal Lawyer Criminal defense attorneys have two objectives. First, they protect you from going to jail. And second, they prevent you from getting a criminal record. If you’re under investigation, a criminal defense attorney will protect you against self-incrimination. If the police arrest you, your defense attorney will fight to protect your innocence. Criminal charges in New Jersey are complex and have serious consequences. Your defense attorney will guide & protect you throughout this lengthy and intimidating process. When Should You Hire A Criminal Lawyer? Ideally, you should hire a criminal defense attorney in 3 situations. 1) If you believe you have committed a crime but are uncertain. For example, you used your employer’s credit card without permission. (Theft) 2) If you are under investigation.NJ Criminal lawyer For example, a detective calls you and either asks you questions or invites to the police station. 3) Following an arrest. No example is necessary. Criminal Lawyers Protect You While Under Investigation If the government suspects you of a crime, it is necessary to hire a criminal defense attorney. Your criminal defense attorney will protect your Constitutional rights. Your attorney will act as a shield between you & the government. Criminal cases are often won or lost during the government’s “investigation phase”. Do not wait until the government brings criminal charges against you. Hire a criminal defense attorney to protect you before it’s too late. Criminal Lawyers Protect You When You've Been Arrested Your defense attorney will review the criminal charges and will explain the fines & penalties you are facing. Next, you will have an opportunity to explain your side of the story. Once your criminal defense attorney receives the government’s evidence against you, he will identify the key issues in your case. Lastly, your defense attorney will support you in your decision to accept a Plea Bargain or go to trial. How To Choose A Criminal Lawyer Near You Since your future is at stake, the criminal defense attorney you choose should be the right one. It is important to hire a criminal defense attorney who fits your needs. Remember, when you hire a defense attorney, you are entering into a relationship. And like any other relationship, you need to trust the person who represents you. You must feel comfortable with the defense attorney with whom you will be working. Read the next section for important tips on choosing your lawyer. Tips On Finding The Right Attorney For You First impressions are everything. So, during your first meeting, keep these questions in mind: “Does this lawyer strike me as honest or is there a weird vibe?” For example, is the attorney listening to you and answering your questions? Or, do you feel ignored and judged? If there’s bad energy or you don’t feel at ease, consider this a red flag. If something is off or just “not right” keep searching. Remember: Like us, there are plenty of caring defense attorneys who offer Free Consultations. Do Your Research, Again If you have a criminal matter, you need a criminal defense attorney. As discussed, there are many things to understand about the role of a defense attorney. It is important to find a lawyer who is right for you. Since it’s such an important decision, take the time to do some basic research. Once you’ve found a few lawyers you’d like to meet, check to see if they have any client reviews. At our firm, before a client hires us, we always encourage them to visit this our Client Reviews. Take advantage of free consultations and see how that lawyer makes you feel. When you trust your gut, you never go wrong. Choosing the criminal defense attorney that is right for you is an important decision. So take your time and choose wisely. Final Thoughts If you're facing a felony conviction, your life can get real complicated, real fast. Instead of rushing out and hiring the first attorney you meet, or the lowest priced attorney, find the lawyer that's right for you. This decision is an important one. It should be approached carefully and intelligently.

Alan Peyrouton | Sep 30, 2019

Dismissing Criminal Charges: Top 7 Ways To End The Nightmare

What Are Your Options If You Can't Get Your Criminal Charges Dismissed? You have two options if you can’t get your criminal charges dismissed. Option 1: Plead Guilty Option 2: Go to trial In every criminal case, you will be offered a plea deal OR you can you’re your criminal case to trial. If you accept a plea deal, you will have to admit to committing a crime. If you go to trial, you will incur tremendous expense & your fate is up to a jury. The Basics of Getting Your Criminal Charges Dismissed Of course, you know that you are innocent until proven guilty. But the criminal justice process is long & you may have many sleepless nights until your case is over. First, it’s critical to have a clear understanding of the criminal charges against you. Are you facing Felony or Misdemeanor charges? What are the penalties & consequences of your charge? Will you have immigration consequences? Or is your career in jeopardy? Next, find the criminal defense attorney that is right for you. During your meeting, your criminal lawyer should patiently listen to your side of the story. Next, he will explain your charges and provide an understanding of the long road ahead. Dropped Charges versus Dismissed Charges Before we get to the good stuff, let’s answer this question: “What’s the difference between getting criminal charges dismissed and getting them dropped?” Dropped charges and dismissed charges get you the same result. “Dropped charges” means the prosecution stopped pursuing the charges. In other words, you never have to go to court. For example, this happens when a detective discovers that a key witness lied about what they saw. Or when DNA evidence reveals that it is impossible for you to have committed the crime. “To get your criminal charges dismissed" means your lawyer identified a Constitutional violation. For example, the police conducted an illegal search. Moving on. Let's discuss the top 7 ways you can use to get your criminal charges dismissed. 7 Ways To Dismiss Criminal Charges 1. Lack of probable cause for the arrest 2. Mistakes in the criminal complaint or charging documents 3. Illegal stop and search 4. Insufficient evidence 5. Grand Jury Dismissals 6. Procedural Issues 7. Lack of resources Dismissing criminal charges: Method 1 - No Probable Cause To Arrest In New Jersey & across the country, police need something called “probable cause” to arrest you. This is a basic fundamental right that protects citizens against tyranny. In other words, a cop can’t arrest you because he has a “hunch” that you’re up to no good. He has to provide an acceptable explanation for his arrest. The officer’s reasonable belief must include objective, factual evidence, and circumstances. For instance, if a police officer gets a tip that a drug dealer is wearing a pink bowtie, the officer may have probable cause to stop an individual matching that description. But if the officer sees you and you are not wearing a pink bowtie, then he cannot simply arrest you. You don’t fit the description. We file a motion with the court showing the lack of probable cause. If the court agrees with us, then your criminal charges get dismissed. Dismissing Criminal Charges: Method 2 - Challenging The Complaint Police officers must sign criminal complaints under oath. If the criminal complaint against you contains serious mistakes, then we file a motion to dismiss. For example, let's say that you are 5 ft. 9 inches tall, weigh 150 lbs., and have blonde hair. And the officer's complaint states that you are 6 ft. 6 inches tall, weigh 300 lbs., and have purple hair. Well, you get the picture. Dismissing Criminal Charges: Method 3 - Illegal Searches The Fourth Amendment of the U.S. Constitution protects citizens from illegal stops, searches, and seizures. This is the law of the land. Law enforcement can only stop you under certain circumstances. As previously discussed, police need “probable cause” or a “reasonable belief” that you may have committed a crime. Also, the police can only search your person, your car, or your home if they have a search warrant. But there are exceptions to the warrant requirement. For example, after your arrest, the police can search your pockets. This is done if the officer has a reasonable belief that you are carrying a weapon. If police conduct a search without a warrant or special circumstances, then the evidence gets suppressed. As a result, your criminal charges get dismissed. Dismissing Criminal Charges: Method 4 - Because The Grand Jury Said So After your arrest, the prosecution must present the case to a grand jury. The grand jury adds another layer of Constitutional protection. They listen to witnesses & look at the evidence. If they determine that there is sufficient evidence to establish probable cause, then your case goes forward. But, if the grand jury doesn’t find probable cause, then your criminal charges get dismissed. Dismissing Criminal Charges: Method 5 - Insufficient Evidence Remember, your arrest is the starting point of your criminal case. Felony cases take months and sometimes years. A lot happens while your case is pending. The prosecution may drop your criminal charges after discovering new evidence through their investigation. One reason may simply be a lack of evidence. The other reason may be that the evidence against you is weak. Another possibility is that newly discovered evidence exonerates you. This means that the evidence shows that it was not you who committed the crime. It’s important to emphasize the role of your criminal lawyer here. You see, while the prosecution is doing their investigation, your attorney is doing his. Aggressive & dedicated defense attorneys work tirelessly to protect you. They work hard to find the evidence that shows you are innocent of the crime charged. This evidence is then provided to the prosecutor. As a result, your criminal charges get dismissed. Dismissing Criminal Charges: Method 6 - Procedural Issues Police and prosecutors must follow strict legal criminal procedures. Throughout your arrest, booking, and interrogation, they must follow the law. If the police violate your Constitutional rights, then these violations result in getting your criminal charges dismissed. A common example is a Miranda violation. If you gave an incriminating statement without receiving a proper Miranda warning, then your statement gets suppressed. This alone won't guarantee that your criminal charges get dismissed. But it always helps to get rid of incriminating statements. Procedural issues are tricky. So, make sure to get a good lawyer! Dismissing Criminal Charges: Method 7 Let’s face it; prosecutors are busy people. They have tons of cases. As a result, they are often forced to focus on their most serious cases. Your criminal charges may get dismissed or dropped just because the prosecutor has bigger fish to fry. The truth is that getting serious criminal charges dismissed is not common. You are more likely to get a dismissal if you're accused of a minor crime and you have no previous criminal record. BONUS: If You Can't Get Your Charges Dismissed, Try To Get Them Reduced You may wonder about the possibility of reducing a charge. If the evidence against you is weak, then your lawyer can fight for a reduced charge. It's a win-win situation for everyone involved. The case is resolved and your nightmare is over. A felony charge can be downgraded to a misdemeanor charge. If this happens, jail is no longer an option. You may pay a fine and get a blemish on your record. But you will be relieved that the case is over. Of course, our priority is to get your criminal charges dismissed but a reduced charge can also be a homerun! In exchange for a guilty plea to a reduced charge, a prosecutor may offer a "plea bargain agreement." This occurs when a prosecutor agrees to dismiss the original criminal charge. You will have to agree to plead guilty to a less severe charge instead. Conclusion: It Is Absolutely Possible To Get Your Criminal Charges Dismissed We outlined 7 ways that you can fight to get your criminal charges dismissed. Each case is different and the method you choose will be determined by the facts of your case. Remember, it's very important to choose the criminal lawyer that is right for you. There are many legal challenges involved in dismissing criminal charges. In many ways, you only get once chance to dismiss your case. Make sure that you don't waste it. We offer Free Consultations and are here to help you.

Lauren Ashley Macdonald | Sep 25, 2019

Multiple Moving Violations and the Mandatory Operator Retraining Program in Connecticut

Introduction In Connecticut, motorists over the age of 24 are required to complete an Operator Retaining Program when he or she has three moving violations or suspension violations specified in Conn. Gen. Stat. § 14-111g(a) on his or her driving record. While if a driver is under the age of 24, and has two moving violations or suspension violations specified in Conn. Gen. Stat. § 14-111g(a) on his or her driving record, the motorist will be required to complete an Operator Retraining Program. Additionally, any driver who is convicted of traveling faster than 75 miles per hour in a highway work zone or is a driver of a commercial vehicle and is convicted of traveling faster than 65 miles per hour in a highway work zone, will also have to undergo an Operator Retraining Program. The vendor for the Operator Retraining Program may charge a fee for the program of up to $85.00. Suspension of Driver's License If the motorist completes the Operator Retraining Program prior to the effective date of the suspension, the suspension will be removed after the DMV receives confirmation of the class completion from the vendor. Therefore, to avoid suspension, the DMV recommends that drivers schedule and complete the Operator Retraining Program at least two weeks prior to the effective suspension date to allow the vendor to submit the results of the program to the DMV. If the motorist does not complete the Operator Retraining Program until the effective date of suspension or after, the motorist will be required to pay a $175.00 license restoration fee to the DMV. 36 Consecutive Month Probationary Period After a motorist completes an Operator Retraining Program, he or she must complete 36 consecutive months without having any additional moving violations or suspension violations specified in Connecticut General Statute Section 14-111g(a) added to his or her driving history. If another moving violation is added to a driver’s record, the DMV will suspend the motorist’s license or operating privilege for 30 days for a first violation, 60 days for a second violation, and 90 days for a third or subsequent violation. In order to reinstate a license after suspension, the operator must pay a $175.00 license restoration fee. Criminal Injuries Compensation Fund or Community Service Work Hours In Connecticut, a court may, in the disposition of any criminal or motor vehicle case, including a dismissal or the imposition of a sentence, consider the fact that the defendant made a charitable contribution to the Criminal Injuries Compensation Fund established under Conn. Gen. Stat. § 54-215 or a contribution of community service work hours to a private nonprofit charity or other nonprofit organization. Additionally, pursuant to Conn. Gen. Stat. § 54-56h(b), when entering a nolle prosequi, when the prosecutor decides to not prosecute the case, the state’s attorney in charge of the case may consider the fact that the defendant has made a monetary contribution to the Criminal Injuries Compensation Fund or a contribution of community service work hours to a private charity or nonprofit organization.