Can My Criminal Defense Attorney Interview Witnesses?
There are a number of different actions that your criminal defense attorney should be prepared to take immediately after you have been accused. As soon as you contact him or her, this should prompt your criminal defense attorney to spring into action to do everything possible to protect you.
Criminal defense attorneys have a responsibility to look into every option and to present it to you, and to keep you informed over the duration of your case. If your criminal defense attorney commits malpractice by not giving you the appropriate representation during your initial trial, this could be grounds for an appeal. It is far better to have an experienced and dedicated criminal defense attorney on your side from the moment that you have been accused of a crime, because this will give you greater confidence in the management of your case and decrease the chances that mistakes could land you behind bars and fighting back with an appeal. The sooner you are able to talk to an attorney, the easier it will be to identify whether or not this is the right person to protect you. One thing that your attorney should do as soon as possible is to interview witnesses, including the police. Your lawyer should not take a witness list or a police report at face value.
Your criminal defense attorney should instead be committed to tracking down all sources of information that could tell details about your case. Identifying the names and contact information for all possible witnesses needs to be completed immediately, so that your lawyer has the chance to talk to these people as soon as possible. This will give your criminal defense attorney a better understanding of what these witnesses are likely to say, and whether or not they are truly credible. Both of these pieces of information can be exceptionally helpful in the development of a criminal defense case, and can help you figure out what is truly in your best interests as far as developing a comprehensive strategy to keep you out of jail and avoid the negative consequences of conviction.
Defining Theft in Connecticut
Have you recently been accused of any type of theft crime in Connecticut? If so, you need the services rendered by an experienced criminal defense attorney who has years of experience pursuing full and fair outcomes for any person who has been accused. Even a petty theft allegation can follow you for many years and can lead to consequences.
Theft requires that the state show that you were involved in a true theft, but if your rights were violated in the collection of evidence and the pursuit of a case against you, your criminal defense lawyer might use this information to help you fight against these charges. If your defense lawyer can act quickly, he or she might be able to help you avoid traditional consequences of a serious crime or even an allegation of petty theft.
For that reason, it should be taken seriously. Connecticut criminal law statutes include multiple examples of actions that could fall under the definition of larceny. Theft, also referred to as larceny, happens when a person wrongfully obtains, withholds or takes someone else’s property. The intention must be to deprive the other individual of that property.
If someone else alleges that you took their property with the purpose of keeping it out of their possession, you may be looking at criminal charges.
Types of Theft Allegations
Various actions may be incorporated into an allegation of larceny. These include:
- Stealing services
- Motor fuel theft
- Utility service theft
- Converting a motor vehicle
- Taking property by false promises or false pretenses
- Taking property that was delivered or lost by mistake
- Taking property through a fraudulent ATM use
Larceny has multiple different degrees and the levels of severity are associated with the amount of property that was taken and other circumstances surrounding the crime. If you have already been accused of any type of theft in Connecticut, you deserve to have an attorney who will do everything possible to uncover all of the specifics in your case and mount a compelling defense in your favor wherever possible. Make sure you hire a lawyer sooner rather than later.
What is a Lesser Included Offense?
When the police accuse you of a crime, more than one charge could be in question. In this situation, you need to ensure you have a plan to take action immediately to protect your rights. Major consequences could apply if you’ve convicted of multiple crimes, so you need to be prepared to respond appropriately.
If you have been accused of a crime, you may have a question about a lesser included offense. This may also be referred to as a necessarily included offense. This refers to a crime that is categorized within a greater crime, meaning that you could not commit the bigger offense without committing the lesser. Courts have used three different tests to determine whether or not one crime is necessarily included within another.
The first is the pleadings test. Some courts will look at the way that the charging document describes the charge against the defendant. If an indictment, for example, says that a murder occurred by stabbing, then assault with a deadly weapon would be a likely lesser included offense. The second test is known as the evidence test which looks not at the charging document but at the prosecution’s evidence directly. The final test is known as the elements test and it is the most popular approach used by the prosecution. Rather than looking at the evidence or the charging document, it considers only the definitions of the crimes when standing on their own.
A lesser included offense may be included in your criminal allegations as a fall back plan for prosecutors to ensure that they have a strong chance of obtaining at least some type of conviction even on the lesser included offense when they bring your case to trial. Being charged with multiple crimes can increase your chances of serious consequences on conviction. This is why you need a criminal defense attorney who has extensive experience in the field and is comfortable protecting you not just against the greater offense but against the lesser included offenses as well. A savvy attorney will be able to negotiate potential plea bargains for you and protect your interests going forward.
Defenses for Breathalyzer Test Results
When you’re pulled over on the suspicion of drinking and driving, the police officer will likely ask you to take a breathalyzer test. While you do have the right to refuse chemical testing, doing so comes with the penalty of an automatic license suspension. It’s usually in your best interest to take the test, but what happens if you fail? Failed breathalyzer results can be challenged in court — here’s how.
Was the Test Administered Properly?
Police officers have a variety of protocol that must be followed in order to properly administer a breathalyzer test. For example, the officer will usually be required to observe you for a period of time before the test. This makes sure you don’t consume any food or liquids. The officer will also need to provide you correct instruction on how to take the test. If the officer fails to do so, the results of the test may be considered inaccurate.
Was the Equipment Calibrated Correctly?
Breathalyzer testing equipment must be calibrated and maintained in order for them to produce accurate results. Officers are required to keep a log of when their equipment was last calibrated and how it was done. Uncalibrated equipment can produce false negatives or false positives. Therefore, a defense attorney will likely ask the court that the calibration log be produced. If it cannot be produced or it is determined that the equipment was uncalibrated, it’s possible that the test results may be thrown out.
Do You Have Medical Explanations for a Higher Than Legal Reading?
In some cases, it may be beneficial to argue that there’s a rational medical explanation as to why the breathalyzer test result was higher than the legally allowed limit. For example, if you have health conditions, such as acid reflux or Gastroesophageal Reflux Disease (GERD), you may regurgitate the contents of your stomach into your mouth. This leads to a higher mouth alcohol level that is not a true reflection of your blood alcohol level. An attorney will likely go over your health history with you to determine if there are any established reasons why your test came back higher than the limit.
Contact Llinas Law, LLC Today
At Llinas Law, LLC, we have the experience and resources to provide you comprehensive legal representation after a DUI arrest. We understand the stress you are under and are ready to offer you compassionate, zealous counsel. Call now for a consultation at 860-815-2396.