Posts tagged with "incarceration"

Will my Fiancé’s Record Make it More Difficult for me to Find a Job Once we Are Married?

Despite any efforts to keep your fiancé’s incarceration record a secret, it is still possible for a potential employer to discover this information given the wide scope of information available to anyone on the internet.  Regardless, it is unknown whether or not this information will affect their decision-making process regarding your employment.  It may be wise to retain your maiden name, especially when applying for jobs, in order to avoid the issue entirely.


If you have any questions regarding employment law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

In Case Where Employee Abused Her Position to Embezzle Substantial Funds, Modification of Sentence Was Denied

Written by Lindsay E. Raber, Esq.

In a criminal law matter, the Sentence Review Division (Division) of the Superior Court of Connecticut affirmed the sentence of a petitioner who abused her position and embezzled funds from her employer.

Case Background

In this case, the petitioner had a criminal history involving embezzlement, larceny, forgery, and substance abuse. Despite knowledge of this past, the director of a non-profit organization hired the petitioner as its bookkeeper and office manager to give her a chance at an honest living. In this position, the petitioner had “unfettered access” to financial accounts belonging to the organization and director.

Subsequently, various employees at the organization complained they were not being timely paid, and the director discovered not just an IRS tax lien on the organization’s assets, but a $20,000 unauthorized withdrawal from her personal account. Police investigated these financial irregularities and questioned the petitioner, and found that she had stolen at least $134,000.

Trial and Outcome

At trial for larceny in the first degree, the defendant entered into a guilty plea. She asked that her sentence be fully suspended and she be allowed to participate in an alternative to incarceration plan, but the court instead imposed twelve years of incarceration. The petitioner sought downward modification, arguing that her sentence was inappropriate and disproportionate compared to those who committed similar crimes. She asserted that she “cooperated with the police investigation, [was] contrite, willing to make restitution and was employed at the time of sentencing.”

The State opposed modification due to the defendant’s history of committing similar crimes. It noted how the defendant embezzled funds from a former employer, for which she received a five-year suspended sentence, and then violated her probation. The organization’s director also objected, stating that the sentence was proper because the petitioner “abused her position of trust, is unrepentant, and has caused a great deal of suffering.”

The Division declined to reduce the sentence, finding that under applicable statutes, it was neither inappropriate nor disproportionate. Indeed, the twelve-year sentence was within the parameters of the guilty plea, and the Division agreed with the trial court that “[i]t would stand justice on its head if I were to give you another suspended sentence after you already had one.”

When faced with a charge of larceny, an individual is best served by consulting with an experienced criminal law practitioner. 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.

Guilty Plea Found Invalid Where Defendant Was Left in Dark Regarding What Constitutes a Larceny and Robbery

Written by Lindsay E. Raber, Esq.

In a criminal law matter, the Appellate Court of Connecticut reversed and remanded a case where the defendant did not knowingly and voluntarily enter into a plea agreement.

Case Background

This case arose from an incident that occurred on August 20, 2004. A man robbed a bank at knifepoint, securing $15,000 in cash, before escaping in a vehicle driven by the defendant. Police soon located the duo along with the stolen money. The defendant was charged with conspiracy to commit robbery in the first degree and larceny in the first degree in violation of General Statutes §§ 53a-48, 53a-134(a)(2), and 53a-122.

Guilty Plea Made Unknowingly

On February 21, 2006, the defendant sought to enter a guilty plea to these charges. During a plea canvass conducted by the judge, the defendant stated that her defense attorney did not discuss the nature and elements of the charges she faced: “No, I don’t think I heard about what the state had to prove.” The defense attorney did not refute this contention, and the court did not seek from the defendant’s attorney “any assurance that he had, in fact, explained to the defendant the elements of the crimes to which she was pleading guilty.”

Though the court adequately read to the defendant the elements of conspiracy, it failed to properly set out the elements of both larceny and robbery. Nonetheless, the court accepted the defendant’s guilty plea and sentenced her to twelve years of incarceration, suspended after seven years, with five years of probation. The defendant appealed, arguing that she did not knowingly and voluntarily enter into her plea agreement.

When a defendant decides to plead guilty, he or she waives numerous constitutional rights, such as the right to a trial by jury. Therefore, a critical due process requirement is that a guilty plea must be made knowingly and voluntarily, which includes apprising the defendant not just of the rights being waived but also the essential criminal elements of the charges faced. Defense counsel is “generally presumed to have informed the defendant of the charges against him,” though this presumption may be overcome if the record shows that counsel failed to so inform. Should this presumption not apply, proper waiver may still be established if the court itself explained all of the elements.

Court’s Ruling

In this case, the Appellate Court found that the record showed “some positive suggestion that the defendant’s attorney had not informed the defendant of the elements of the crimes to which she was pleading guilty.” It noted that during the canvass, the defendant said she did not know what the State had to prove, and her counsel did not counter this statement. As such, the presumption was not applicable.

The Appellate Court further held that the trial court failed to apprise the defendant of the essential elements of larceny and robbery. Though the court did read to the defendant what first-degree larceny and first-degree robbery encompassed, but failed to explain what acts constituted a robbery or larceny under Connecticut law. Therefore, the case was reversed and remanded with directions to the lower court to withdraw the guilty pleas.

When faced with a charge of conspiracy, larceny, or robbery, an individual is best served by consulting with an experienced criminal law practitioner. 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.

Defendant Unsuccessfully Contests Jury Instructions on Intent, But Succeeds With Double Jeopardy Claim

Appellate Court of Connecticut: Multi-Count Conviction

In a criminal law matter involving a double jeopardy claim, the Appellate Court of Connecticut reversed in part and affirmed in part a defendant’s multi-count conviction following a coordinated ambush that left numerous victims with serious injuries.

This case arose from an incident that occurred on August 2, 2004. An individual “orchestrated a plan” to exact retribution against a group who attacked him a week earlier, recruiting approximately twenty relatives and friends, including the defendant, for an ambush at an enclosed basketball court. The plan was successful, and the defendant shot one victim twice and stabbed another multiple times in the back.

Charged with Ten Counts

The defendant was subsequently arrested and charged with ten counts: two for conspiracy to commit assault in the first degree, six for assault in the first degree as an accessory, and two for assault in the first degree. Before specifically instructing the jury as to the elements of each offense, the court first gave an instruction “as to the concept of intent generally.” The defendant stated he had no objections to the instructions as given. The defendant was convicted on nine of ten counts (including both conspiracy charges) and sentenced to twenty-nine years’ incarceration.

On appeal, the defendant argued that the general intent instruction misled the jury because it allowed them to convict based on “intent to engage in the prohibited conduct without determining that he specifically intended to cause serious physical injury.” He further contended that his convictions for two counts of conspiracy, for which he received two sentences, violated double jeopardy protections because they were one crime arising from a single incident.

When a court reviews the appropriateness of a jury instruction, it must decide whether the charge in its entirety, rather than a section in isolation, properly presents the case to the jury. The Supreme Court of Connecticut has consistently held that “[a] trial court’s repeated instruction that specific intent was an element of the crime charged eliminated any possibility that the jurors reasonably could have mistakenly believed that the defendant could properly have been found guilty based on a finding of only general intent.”

Court’s Findings

In this case, the Appellate Court reviewed the trial transcripts and counted the phrase “intended to cause serious physical injury to another person” twenty times, while “specific intent” was used seven times. In stark contrast, the general intent instruction was only referred to three times, and its inclusion may have actually assisted the jury in understanding the meaning of specific intent. The Court determined that the trial court “unmistakably conveyed to the jury that specific intent was an element of the assault charges against the defendant.” Thus, this aspect of the defendant’s appeal failed.

The defendant, however, succeeded on his second claim regarding double jeopardy, with which the State agreed. An individual cannot receive cumulative punishments for two or more crimes, which he asserts instead comprise of a single crime, arising out of the same transaction or occurrence. Typically, a court will look at the statutes to determine if one requires proof of an element the other does not possess. In this case, however, it was quite clear that there were two conspiracy convictions stemming from a single agreement – the ambush. Therefore, the Court reversed the convictions and ordered the trial court to merge the conviction on these two counts while vacating the sentence for one of them.

Written by Lindsay E. Raber, Esq.

When faced with a charge of assault, conspiracy, or accessory, an individual is best served by consulting with an experienced criminal law practitioner. 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.

Division to Petitioner: “No Good Reason” for Sentence Reduction

Superior Court of Connecticut: Sentencing Review Division (Division)

In a criminal law matter involving a sentence reduction, the Sentencing Review Division (Division) of the Superior Court of Connecticut declined to reduce the sentence of a petitioner who claimed it was inappropriate and disproportionate.

This case arose from an incident that occurred on September 23, 1999. The petitioner was driving his car when he began racing a second vehicle at speeds in excess of 100mph. The second vehicle crashed into a traveling motorcycle, resulting in the death of both vehicles’ passengers. In addition, the motorcyclist required a leg amputation. Meanwhile, the petitioner continued driving until he experienced a flat tire, at which point he walked back to the scene of the accident and was arrested.

Counts of Conviction

The petitioner was charged and convicted, following a jury trial, of the following counts:

  1. Third-degree reckless assault: mandatory one year in jail.
  2. Misconduct with a motor vehicle (two counts): maximum of five years of incarceration.
  3. Reckless driving: maximum one year in jail for subsequent offenders.
  4. Illegal racing: maximum one year in jail.

The petitioner was sentenced to twelve years of incarceration. Following an unsuccessful appeal, he pursued a reduced sentence of eight years, arguing that it was the average sentence for those convicted of similar offenses. He claimed that his sentence, “being higher than the average, is therefore ‘inappropriate’ or ‘disproportionate.” The State vehemently opposed, pointing to the petitioner’s: history of speeding violations, including one between the time of this offense and his sentencing; denial of responsibility; failure to show genuine remorse; history of behavioral problems; and the suffering inflicted on the families of the victims.

Connecticut Practice Book § 43-28

Under Connecticut Practice Book § 43-28, one will find the statutory limitations of the Division’s authority to modify criminal sentences to those that are inappropriate or disproportionate. When making this determination, the Division will consider: “the nature of the offense, the character of the offender, the protection of the public interest, the deterrent, rehabilitative, isolative, and denunciatory purposes for which the sentence was intended.” In this case, the Division considered these factors and affirmed the sentence, noting that there was “no good reason to reduce the sentence imposed by the trial court.”

Written by Lindsay E. Raber, Esq.

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.

In Case Where Employee Abused Her Position to Embezzle Substantial Funds, Sentence Modification Was Denied

Superior Court of Connecticut: Sentence Review Division

In a criminal law matter involving sentence modification, the Sentence Review Division (Division) of the Superior Court of Connecticut affirmed the sentence of a petitioner who stole money from her employer.

Case Details

In this case, the petitioner had a criminal history involving embezzlement, larceny, forgery, and substance abuse. Despite knowledge of this past, the director of a non-profit organization hired the petitioner as its bookkeeper and office manager to give her a chance at an honest living. In this position, the petitioner had “unfettered access” to financial accounts belonging to the organization and director. Subsequently, various employees at the organization complained they were not being timely paid, and the director discovered not just an IRS tax lien on the organization’s assets, but a $20,000 unauthorized withdrawal from her personal account. Police investigated these financial irregularities and questioned the petitioner, and found that she had stolen at least $134,000.

The Trial

At trial for larceny in the first degree, the defendant entered into a guilty plea. She asked that her sentence be fully suspended and she be allowed to participate in an alternative to incarceration plan, but the court instead imposed twelve years of incarceration. The petitioner sought downward modification, arguing that her sentence was inappropriate and disproportionate compared to those who committed similar crimes. She asserted that she “cooperated with the police investigation, [was] contrite, willing to make restitution and was employed at the time of sentencing.”

The State opposed modification due to the defendant’s history of committing similar crimes. It noted how the defendant embezzled funds from a former employer, for which she received a five-year suspended sentence, and then violated her probation. The organization’s director also objected, stating that the sentence was proper because the petitioner “abused her position of trust, is unrepentant, and has caused a great deal of suffering.”

The Division declined to reduce the sentence, finding that under applicable statutes, it was neither inappropriate nor disproportionate. Indeed, the twelve-year sentence was within the parameters of the guilty plea, and the Division agreed with the trial court that “[i]t would stand justice on its head if I were to give you another suspended sentence after you already had one.”

Written by Lindsay E. Raber, Esq.

When faced with a charge of larceny, an individual is best served by consulting with an experienced criminal law practitioner. 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.

“The Fact That You Were An Attorney, Sir, Makes the Crime Worse,” Sentence Review Division Denies Modification Request

Superior Court of Connecticut: Sentence Review Division

In a criminal law matter, the Sentence Review Division (Division) of the Superior Court of Connecticut declined to modify a defendant’s sentence because it was neither inappropriate nor disproportionate.

In this case, the petitioner, an attorney, was hired by the complainants to provide services related to the sale of their home. The complainants gave him nearly $111,000 to pay off their mortgage, but the money was never tendered to the bank. The petitioner was charged with larceny in the first degree, a violation of General Statutes § 53a-122 with a maximum punishment of twenty years incarceration. He entered into a plea agreement, and the court sentenced him to twelve years incarceration, execution suspended after four years, with five years of probation and special conditions, including restitution.

Division Sentence Review

The petitioner sought a sentence reduction in light of his practice as an attorney aiding minorities, arguing that the sentence he received as inappropriate and disproportionate. When the Division reviews a sentence, it is without authority to modify unless the sentence is “inappropriate or disproportionate” when considering such factors as the nature of the offense and the character of the offender. In this case, the Division found that the trial court properly considered mitigating aspects of the petitioner’s background. It also noted, however, that he previously misappropriated a quarter of a million dollars of funds entrusted to him from a client. Citing the trial court:

The fact that you were an attorney, sir, makes the crime worse, not simply because you were a lawyer who committed a crime, but you committed a crime out of the breach of the very trust that was placed in you by your clients, and that is an aggravating factor.

The Division held that modification was not warranted in this case where “an attorney embezzled substantial funds from clients and the prior criminal history of the petitioner… reflects the same type of criminal behavior.” It additionally noted that the petitioner never paid restitution to the victims between the time he entered into the plea agreement and sentencing. Therefore, the sentence was affirmed.

Written by Lindsay E. Raber, Esq.

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.

Trial Court Did Not Err in Rejecting Irrelevant Evidence; Appellate Court Upholds Conviction

Appellate Court of Connecticut

In a criminal law matter involving irrelevant evidence, the Appellate Court of Connecticut affirmed a defendant’s convictions following a traffic stop that revealed reckless driving.

Case Details

This case arose from an incident that occurred on March 14, 2006. Bethel police initiated a traffic stop to investigate the defendant’s dump truck and trailer for properly displayed plates. The plates were present but obscured, and officers immediately noticed a wire hanging from the rear of the trailer. Upon further inspection of the trailer, officers determined that the wire was disconnected, from the trailer’s independent braking system.

Furthermore, it did not appear to be connected to the dump truck or “any other source that could have provided power to the trailer’s brakes.” Officers requested that the defendant demonstrate whether or not the trailer’s brakes operated, but the defendant refused to comply. Officers cited the defendant for reckless driving, driving with obscured license plates, and failing to carry a valid insurance card. Upon the arrival of a tow truck, the defendant relinquished his keys and stated to the tow-truck driver, “There’s still no brakes [on the trailer] with you towing it.”

The Defendant’s Motion

The defendant submitted a motion seeking to introduce Connecticut statutes and agency regulations as evidence that the officers lacked authority to inspect his trailer’s brakes. He also proffered evidence that “demonstrated a sense of bias against the defendant among [other] officers that had filtered throughout the Bethel police department and affected the credibility of the officers who were at the scene and who testified during the state’s case-in-chief.” The trial court denied the motion, saying the evidence was irrelevant. Subsequently, the defendant was convicted of the three cited charges as well as interfering with an officer. He appealed, arguing that the trial court abused its discretion in denying his motion.

Connecticut Police Officers

In Connecticut, police officers have the duty to enforce our laws and preserve the peace. “If [an officer] is acting under a good faith belief that he is carrying out that duty, and if his actions are reasonably designed to that end, he is acting in the performance of his duties.” Quite notably, such duties are not merely restricted to the arrest function. In this case, the Appellate Court reviewed the statutes and regulations offered by the defendant but was not persuaded that the officers did not have authority to inspect the brakes on his trailer. Therefore, it concluded that preclusion of this evidence was not an abuse of discretion by the trial court.

Importance of Evidence 

Evidence is relevant if it makes the existence of a material fact more or less probable, so long as it is neither unduly prejudicial nor cumulative. However, it is the duty of the proffering party to establish relevance with a proper foundation. In the context of impeachment evidence, this may be accomplished in one of three ways: an offer of proof, independent establishment by the record itself, or statement of good faith believe that the inquiry is justified by an adequate factual basis.

In this case, the defendant failed to provide any connection between evidence of bias and the lack of credibility of the officers involved in this case. Rather, his claims were purely speculative, and “[i]t is entirely proper for a court to deny a request to present certain testimony that will further nothing more than a fishing expedition… or result in a wild goose chase.” Therefore, the judgments were affirmed.

Written by Lindsay E. Raber, Esq.

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.

State Presented Sufficient Evidence that Defendant “Intended to Convert the Property to His Use Without Paying For It”

In a criminal law matter, the Appellate Court of Connecticut affirmed the defendant’s conviction for sixth degree larceny, as he had the requisite intent to commit the crime.

This case arose from an incident that occurred on May 5, 2005. The defendant purchased a foam poster board from Staples in Fairfield, but as he was exiting the main store into the foyer, he was not carrying it. Instead, he was observed scooting a box with an item he did not pay for along the floor beneath the theft detection sensors located adjacent to the exit doors. The defendant scooped it up and proceeded outside, with store employees in pursuit. When one yelled at him to “drop the box,” the defendant placed it on a nearby dolly and quickly left the area. Inside the box was “a Uniden telephone, in its original packaging, that was offered for sale” at the store.

Another Staples customer observed the defendant getting into a vehicle and driving off. She informed the store manager, who wrote down the license plate and called police. Officers identified the owner as the defendant’s girlfriend and proceeded to her residence, where they located the car (which had signs of recent use) but not the defendant. Soon thereafter, the defendant turned himself in and provided police with a signed written statement in which he accepted responsibility for his actions.

The defendant was charged with larceny in the sixth degree by shoplifting, and for being a persistent larceny offender. At trial, the defendant testified that he came across the box inside the store and immediately returned it to a sales associate. He denied leaving the store with the box or having knowledge of its contents, and stated he never intended to leave the store without paying for it. The sales associate and store manager provided a much different version of the events. The jury returned a guilty verdict on the larceny count, and the defendant pled guilty to the second, resulting in three years’ incarceration. On appeal, the defendant contended that the State provided insufficient evidence that he had the requisite intent to commit larceny.

Under Connecticut General Statute (CGS) § 53a-119, “[a] person commits larceny when, with the intent to [permanently] deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes, obtains, or withholds such property from an owner.” Larceny is considered a specific intent crime, so the State must provide direct or circumstantial evidence (most often the latter) that the defendant possessed a “subjective desire or knowledge that his actions constituted stealing” at the time of the crime.

In this case, the Appellate Court determined that the defendant confused sufficiency and credibility issues. He appeared to argue that all of the testimony was identical. However, this is an inaccurate reading of the trial court record, for there were vast discrepancies between the testimonies given by the defendant and State’s witnesses. It is the province of the jury to weigh the credibility of witness testimony and believe all of it, some of it, or none of it. Thus, the jury was within its right to credit the testimony of the State witnesses, and such testimony, along with the defendant’s written statement, provided sufficient evidence that the defendant intended to take the phone without paying for it.

Written by Lindsay E. Raber, Esq.

When faced with a charge of larceny, burglary, conspiracy, or attempt, an individual is best served by consulting with an experienced criminal law practitioner. 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.

How Long Can I Be Incarcerated for Contempt of Court in a Divorce Case for Failure to Pay Support?

Incarceration depends on what the contempt involves and the specific facts of your case.  Every state has a strong interest in ensuring that child support is paid and may impose strict punishments for failure to comply with a court order for child support.  If a judge finds contempt for separate issues, such as failure to pay child support and failure to pay alimony, then the judge may impose jail time for each instance until you comply with the support.  If you cannot comply with the support order because your finances have changes since the order was issued, you may modify the order.

If you have any questions regarding divorce or family law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.