Posts tagged with "participation"

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.

Written by Lindsay E. Raber, Esq.

An Illustration: Eligibility for the Pretrial Alcohol Education Program

Connecticut provides individuals charged with operating a motor vehicle while under the influence (OMVUI), and a very limited number of other crimes, the opportunity to take part in a pretrial alcohol education program. The requirements of this program are set forth in Connecticut General Statutes (CGS) § 54-56g. Criminal defendants seek participation in hopes that should they successfully complete the program, they can have their charges dismissed. However, entry is not guaranteed: in the case where a defendant is charged with OMVUI, eligibility requires that “such person has not been convicted in any other state at any time of an offense the essential elements of which are substantially the same as” either the behavioral or per se violations of our OMVUI statute, CGS § 14-227a.

To illustrate, in a recent criminal law matter, a defendant was charged in Connecticut with OMVUI and sought participation in the pretrial alcohol education program. The essential elements of OMVUI under CGS § 14-227a(a)(1) are “(1) operation of a (2) motor vehicle (3) while under the influence of alcohol or drugs.” However, the defendant was previously convicted of violating New York Vehicle & Traffic Law § 1192.03, which prohibits “(1) operation of a (2) motor vehicle (3) while in an intoxicated condition.” As one can readily see, the required elements of these two crimes are substantially the same. Therefore, the defendant was denied eligibility because he was previously convicted of a New York offense that was substantially similar to the crime of OMVUI in Connecticut.

When faced with a charge of operating a motor vehicle while intoxicated (a.k.a. driving under the influence) or license suspension, 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.

Written by Lindsay E. Raber, Esq.