Posts tagged with "invalid"

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.

Change in Business Services/Products Doesn’t Invalidate a Non-Compete Agreement

Change in Business Services/Products Doesn’t Invalidate a Non-Compete Agreement

DiscoveryTel SPC, Inc. v. Pinho, 2010 Conn. Super. LEXIS 2683

In 2002, DiscoveryTel SPC hired Mr. Ismael Pinho as its chief financial officer (CFO) as an at will employee. The parties later executed an employment agreement on December 27, 2004 that would go into effect January 1, 2005. The employment contract modified Mr. Pinho’s employment from at will to a one-year automatic renewable basis and outlined his salary, incentive bonuses, vacation, personal days, insurances, severance package, and several restrictive covenants. Mr. Pinho was prohibited from directly or indirectly competing with DiscoveryTel by being involved in the purchase and/or sale of international voice and traffic data systems during the term of the employment agreement or during any period for which he was receiving severance pay. Additionally, the agreement stated that he was bound by an indefinite non-disclosure clause pertaining to DiscoveryTel’s confidential and proprietary information. In between 2004 and 2010, DiscoveryTel experienced a corporate reorganization and shifted its focus and the services it provided. By 2010, it was no longer engaged in the purchase and/or sale of international voice and data traffic but instead facilitated the sale of telephone traffic.
Mr. Pinho informed the president of DiscoveryTel in a May 21, 2010 letter that he had accepted a position with World Telecom Exchange Communications, LLC (WTEC) and would be starting at the new company on June 1, 2010. DiscoveryTel brought suit and requested that the court grant its request for an injunction to prevent any violations of the restrictive covenants in connection to Mr. Pinho’s new employment. Mr. Pinho did not have an issue with the non-disclosure clause in the employment contract but asserted that his mere employment with WTEC was not a violation of the non-compete agreement. He contended that the agreement did not prohibit working for a competitor but rather specifically from “being involved in ‘any business relating to the purchase and sale of international voice and data traffic’”. He went on to argue that engaging in this sector of the industry should not violate a non-compete agreement because DiscoveryTel was no longer engaged in that specific industry activity. Additionally, he argued that the agreement had inadequate consideration and was therefore unenforceable.
The court found these arguments unconvincing however and granted DiscoveryTel’s request for injunctive relief and restrained Mr. Pinho from working for WTEC until December 31, 2010 (the end of the current employment term) in order to prevent further violations of the non-compete agreement. It looked to the modification in the nature of Mr. Pinho’s employment (from at will to a contract renewable on an annual basis) and enhanced benefits (mainly the introduction of a severance package) in the employment agreement to conclude that there was sufficient consideration. Finally, the court analyzed whether Mr. Pinho’s activities as an employee of WTEC violated the covenant, taking into account DiscoveryTel’s reorganization and shift in focus. The court ultimately held that Mr. Pinho had indeed violated the non-compete agreement by working at WTEC and that a mere change in business services/products did not render the non-compete agreement invalid or release Mr. Pinho from its obligations.
If you have any questions relating to your non-compete agreement or would like to discuss any element of your employment agreement, please contact Joseph C. Maya, Esq. by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com.

Continue Reading