Posts tagged with "granted"

Where Defendant Evaded Responsibility Prior to Start of Probation, Termination of Accelerated Rehabilitation Was Not Warranted

In a recent criminal law matter, the Superior Court of Connecticut, Judicial District of Stamford-Norwalk, Geographical Area 20 at Norwalk granted a defendant’s motion to dismiss the State’s action seeking termination of his participation in an accelerated rehabilitation program (Program).

In this case, the defendant was charged for several crimes, including reckless driving, operation of a motor vehicle with the intent to harass or intimidate, and operating under suspension. The defendant sought entry into the Program on August 4, 2004, but five days later, he was charged with evasion of responsibility, a violation of General Statutes § 14-224(b). On September 1, 2004, the defendant was granted participation in the Program and subsequently pled guilty to evading responsibility the following May. However, the State asked the Superior Court to terminate the defendant’s participation in the Program because he pled guilty during the probationary period.

Pursuant to General Statutes § 54-56(e), criminal defendants may seek entry into accelerated pretrial rehabilitation. The purpose of this Program is for criminal defendants to earn and assert the right to have their charges dismissed, so long as they satisfactorily complete the probationary period without violating any general or special conditions imposed. An example of a general condition, as found in this case, is not violating any state or federal criminal law. In his motion to dismiss, the defendant argued that the actions underlying the charge to which he pled guilty occurred on August 9, 2004, before the probationary period began on September 1, 2004. As such, he could not have violated the general conditions of his probation. The Superior Court agreed with the defendant, and further noted that “a violation of probation occurs when the probationer’s criminal conduct arises during the probationary period.” (Emphasis added.) Therefore, the motion to dismiss was granted.

Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

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