Posts tagged with "sentence reduction"

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

In a recent 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.

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.

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

In a recent criminal law matter, 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.

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

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

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.”

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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