Joseph J. Colarusso, Attorney at LawStamford Criminal Defense Lawyer | White Plains DUI Attorney2024-01-19T17:20:33Zhttps://www.colarussolaw.com/feed/atom/WordPress/wp-content/uploads/sites/1301687/2021/01/cropped-JJC_SITEICON_512x512_FEB21-32x32.jpgOn Behalf of Joseph J. Colarusso, Attorney at Lawhttps://www.colarussolaw.com/?p=478862024-01-19T17:20:33Z2024-01-19T17:20:33ZFines and court costs
Whether someone pleads guilty or takes the matter to trial, their time in court usually creates expenses. The courts can declare that a defendant must cover court costs after a conviction or guilty plea. A judge can also sentence someone to pay a fine based on the type of offense and the statutes that apply. Those fines can be a significant setback for someone who may also need to serve a sentence in state facilities or who may have lost their job because of the accusations they face.
An Order of Restitution
Both the federal and Connecticut state criminal courts can order someone accused of a financial crime to pay restitution to the parties affected. The amount of restitution usually reflects the specific financial consequences that the victim suffered because of the criminal activity. The payment of restitution may be necessary in addition to the courts intercepting or seizing any assets obtained through criminal activity. In fact, in federal cases, the government may even help those alleging losses due to criminal activity pursue civil litigation against a defendant. The Financial Litigation Unit can help enforce Orders of Restitution for the first 20 years after a judge enters the order.
Someone convicted of a white-collar criminal offense may also lose their job if they plead guilty and could have a hard time resuming their career even after they serve their sentence. The financial implications of a guilty plea or conviction can be far beyond what someone anticipates at the time of their indictment or arrest. Mounting a thorough defense against allegations of financial crimes may be the only way to avoid the economic penalties often assessed by the courts.]]>On Behalf of Joseph J. Colarusso, Attorney at Lawhttps://www.colarussolaw.com/?p=478852023-10-13T19:49:52Z2023-10-13T19:46:39ZWhat new technology is under review?
The state’s Department of Transportation recently announced involvement in a new initiative, Driven to Protect. The initiative includes use of innovative technology, the Driver Alcohol Detection System for Safety (DADSS). The device measures intoxication by analyzing breath and tissue samples. It measures the breath alcohol level in the cabin of the vehicle using sensors above the steering column, glove box, passenger’s door, and driver’s door. Experts explain that the locations should allow the system to distinguish between an inebriated driver and passenger. DADSS also utilizes a touch sensor to analyze tissue alcohol measurements through the use of lasers.
At this time, the tech is included in some state vehicles and is gathering information to help refine the software. The makers of DADSS hope that consumers and lawmakers will push for inclusion of the device within new vehicles.
What legislative efforts are under consideration?
Sen. Saud Anwar recently proposed a law that would enhance penalties for those convicted of drunk driving. Some notable provisions within the proposal include:
Revocation of bail. The lawmaker has proposed that the courts remove the option for bail if the accident results in death to another.
Premeditation. The proposal also calls for the state to treat second offenses as premediated actions with enhanced penalties.
What does this mean for those accused of DUI in Connecticut?
Lawmakers are pushing for harsh penalties and looking to crackdown on drunk driving in the state. The penalties are already severe and, depending on the details, can come with steep financial penalties and potential imprisonment. Those who face allegations of a violation are wise to keep in mind that they have options — they can fight back. An attorney experienced in criminal defense can review your situation and discuss defense strategies that result in a reduction or even dismissal of charges.]]>On Behalf of Joseph J. Colarusso, Attorney at Lawhttps://www.colarussolaw.com/?p=478842023-07-25T01:21:34Z2023-07-25T01:21:34ZUnderstanding RICO violations
Racketeering charges are typically used to prosecute crime rings and criminal operations. The RICO Act applies to 35 criminal offenses. Many of these are associated with organized crime, such as murder for hire, money laundering, illegal gambling and counterfeiting. Other crimes applied to RICO include the following:
Copyright infringement
Witness tampering
Drug trafficking
Penalties for violating RICO
If you or a loved one is found guilty of committing RICO violations, it can be punishable by a fine or a term of imprisonment not to exceed 20 years, or both. Violations of RICO also allow the Attorney General to seize assets, such as homes and businesses. Please note that this penalty is only for the violation of RICO. Underlying crimes, such as drug trafficking, will have separate charges, which can lead to several years in prison.
RICO has been applied to more than organized crime
While the original purpose of passing the RICO Act was to combat organized crime, its broad wording means that it could be used to prosecute a wide range of offenses. RICO defendants have included doctors, politicians, financial institutions and law enforcement personnel. If you're accused of violating RICO, knowing how to handle your defense in this situation is imperative.
When you or a family member is facing imprisonment due to violating RICO, it's essential to start preparing your defense as early as possible. With the threat of being found guilty for underlying violations, total sentencing could equal life in prison.]]>On Behalf of Joseph J. Colarusso, Attorney at Lawhttps://www.colarussolaw.com/?p=478642023-04-27T17:16:30Z2023-04-27T17:16:30ZLegal penalties
The moment that you are taken into custody, you are at risk of being taken to jail for several hours or days. There is also a chance that your car will be impounded whether or not there is someone available to drive it home for you. If convicted, you may be sentenced to additional jail or prison time, a fine or a driver's license suspension. In the event that you refuse to submit to a chemical test, you could have your license suspended even if you are ultimately acquitted of the drunk driving charge.
Professional penalties
It's possible that your pilot license will be suspended or revoked as the result of a DUI. This may be true if you have been charged or convicted of the same or similar offense within the previous three years. Furthermore, your license might be suspended or revoked if you fail to file a report with the FAA within 60 days of a drunk driving incident.
Other possible consequences
A DUI conviction may make it harder to get financial aid to finish your education or to take continuing education courses. You may also have trouble finding work if you can't drive to an airport or other destinations that you might then fly from.
Although a drunk driving charge may cause a serious interruption to your life, there may be ways to defend against one. For instance, you may claim that there was no basis for the stop that resulted in such a charge or otherwise cast doubt upon other evidence introduced at trial.]]>On Behalf of Joseph J. Colarusso, Attorney at Lawhttps://www.colarussolaw.com/?p=477252023-01-27T19:15:30Z2023-01-27T19:15:30ZProbable cause
Usually, a field sobriety test is given to an individual after they have exhibited signs of intoxication. Therefore, the first step in challenging the results of a field sobriety test is to determine whether the officer had probable cause to administer the test. If no reasonable suspicion existed that you were under the influence, then your attorney may be able to suppress any evidence obtained as a result of the testing.
Test accuracy
The DUI test is administered under specific conditions and must get conducted in a standardized manner. Therefore, you can challenge the accuracy of the results if they believe that the officer failed to adhere to proper protocols when administering the test. One of the biggest ways to challenge the accuracy is to demonstrate that the officer failed to inform you of your rights prior to administering the test.
Improperly interpreted results
An officer conducting a field sobriety test may not interpret the results correctly. Sometimes, officers may rely on a subjective opinion when evaluating the results of the test. For example, an officer may determine that a person failed to walk heel-to-toe during one of the tests when, in fact, they passed.
Lack of experience and training
In some cases, officers who conduct field sobriety tests may lack proper training or experience, which can lead to exaggerated results. If you can prove that the officer who gave the test did not have sufficient training or experience, then you may be able to challenge their conclusions.
When you challenge the results of a field sobriety test, the court may decide to disregard any evidence that was obtained as a result of the testing. This could have an impact on your case, so it’s important to make sure that you take steps to challenge any inaccurate or unreliable evidence.]]>On Behalf of Joseph J. Colarusso, Attorney at Lawhttps://www.colarussolaw.com/?p=477222022-10-25T02:15:43Z2022-10-25T02:15:43ZGetting a job
When applying for a job in Connecticut, an employer has the right to ask about your criminal history. You are not required to disclose any arrests that did not result in a conviction, but you must reveal any convictions on your record. The employer may then use this information to decide if you and your history are a good fit for their business.
Further, the law makes it mandatory for some employers to perform background checks on all job applicants, including those with criminal records. These employers include those who work with children or other vulnerable populations, such as the elderly or disabled. Working in these fields may be difficult if you have a conviction on your record.
Other professional consequences
If you are already employed, your employer may choose to fire you or take other disciplinary action if they find out about your conviction. You may also lose your professional license if the court convicted you of a crime related to your line of work. For example, if you are a doctor or nurse convicted of health care fraud, you will likely lose your license to practice medicine.
What can you do
After some time (usually 3 to 5 years), your criminal defense attorney can request the court to expunge or seal your criminal record. Sealing the records will make it much harder for potential employers and others to find out about your conviction.
You can also request a pardon from the Governor of Connecticut. A pardon does not erase your criminal record, but it does show that you have taken the necessary actions to reform and are willing to accept accountability for your past choices.
If you have a criminal record, it is essential to understand the possible repercussions to make the best decisions for your future. While it may be difficult to earn a living after paying heavy fines and serving prison time, there should still be a chance to do so.]]>On Behalf of Joseph J. Colarusso, Attorney at Lawhttps://www.colarussolaw.com/?p=477202022-08-02T20:32:12Z2022-08-02T20:32:12ZBreathalyzers can give false-positive results
Like all the other machines, breathalyzers are also susceptible to errors. For instance, if you took the test too quickly after drinking, the alcohol might not have had time to be fully absorbed into your bloodstream yet. This would make your breath more alcoholic than your blood, and the machine would give you a false-positive result.
Medical conditions like diabetes or acid reflux can also give wrong results. Acid reflux can push alcohol up from your stomach and into your mouth, where it will be picked up by the breathalyzer. Diabetes and ketoacidosis can also cause inaccurate readings by making your breath more alcoholic.
Cold medicines, cough syrups, and some prescription drugs all have alcohol in them and can give a false-positive result. Taking one of these before driving could make the breathalyzer show that you've been drinking even if you haven't had a drop of alcohol.
There are also some police officers who don't calibrate their machines correctly or who don't follow the proper procedures when administering the test. In this circumstance, it might be helpful to be aware of your rights as a driver in Connecticut so as to know when they are being violated.
Challenging your results in court
If you think that your breathalyzer test results are inaccurate, you might be able to challenge them in court. Some acceptable grounds include:
Unreliable machine
The test was illegal
The officer that conducted the test wasn't qualified to do so
The officer that conducted the test missed the hearing
Pre-existing conditions like diabetes, acid reflux, etc.
You should also know that you can refuse a breathalyzer test during a stop and request a blood test in Connecticut. This can be especially important if you've taken medicines or have a condition that might give false results.]]>On Behalf of Joseph J. Colarusso, Attorney at Lawhttps://www.colarussolaw.com/?p=477172022-05-06T05:13:23Z2022-05-05T05:12:33ZHow bite mark evidence works
Bite mark evidence is usually used to match a suspect's teeth to marks found on the victim's body. People often do this by looking at the shape of the teeth, the size of the bite and other factors. Many violent crime cases have been won or lost based on this evidence, but there is a lot of debate about how accurate it really is.
The issue with bite mark evidence
The main problem with bite mark evidence is that it is subjective. What one person might think is a match could be completely different from what another person thinks. This means that there is a lot of room for error and that bite mark evidence should not be the only evidence used in a criminal case.
First, consider that it is often hard to get a clear image of the bite mark. Second, even if you have a good image of the bite mark, it can be difficult to match it up with a specific person's teeth. Third, criminal defense attorneys have noted that there since there can be a lot of variation in people's teeth, so even if you have a good match, it might not be conclusive.
Fourth, and perhaps most importantly, bite mark evidence is often used to convict innocent people. This is because it is very easy to manipulate bite mark evidence to make it look like someone is guilty when they are not. It can be difficult to determine whether or not a person is guilty based on bite marks alone.
If you've been accused of a crime and bite mark evidence is being used against you, it's important to understand the limitations of this evidence. Today, it is possible to challenge and defeat bite mark evidence in court.]]>On Behalf of Joseph J. Colarusso, Attorney at Lawhttps://www.colarussolaw.com/?p=477162022-02-08T02:08:38Z2022-02-08T02:08:38ZThe problem with expert witness testimony
When the court calls upon an expert witness, they expect them to base their testimony on evidence-based scientific findings. If they base it on opinion or conjecture, it can damage your case significantly.
Expert witness testimony can also be problematic when they have a conflict of interest in the case. For instance, if the expert has something to gain from your freedom or incarceration, they may try to alter the truth to benefit them.
Finally, expert witness testimony can be a problem if people are too focused on a single thing rather than seeing the whole picture. For a case to be fair and just, the court must consider every detail before making a ruling. So if the expert evidence was only trying to prove one fact, you could be in danger.
What to do
If you're facing a legal battle and you suspect that your expert witnesses may be the problem, don't hesitate to consult with your criminal defense attorney. They can help you assess the situation and develop a plan of action. While doing this, keep your focus on the methodology used, how the expert reached their conclusions, and opposing theories that they had to rule out.
You should also be keen when an expert is oversharing their information in court. Sometimes, they might end up confusing the jurors, hence complicating the case. Ask your lawyer if you can get a mock trial first before you head to court.
Anything said or shown in the courtroom has a ripple effect on the outcome of your case. If you notice or suspect that the expert witness is giving false information, take measures to avoid wrongful sentencing.]]>On Behalf of Joseph J. Colarusso, Attorney at Lawhttps://www.colarussolaw.com/?p=477152021-11-01T19:57:37Z2021-11-01T19:57:37ZPolice say the man was asleep at the wheel
According to reports, police officers conducted a traffic stop after noticing the accused man sleeping in the driver’s seat of a stopped car. After the man woke up, police allege that he started trying to hide drug paraphernalia from their view. Police then conducted a search of the car.
Packaged Fentanyl found in the car
Police allegedly discovered a total of 325 grams of Fentanyl divided into 1,500 separate bags in the man’s vehicle. The search also allegedly turned up drug paraphernalia, an electronic scale, $3,357 in cash and a BB gun.
Several drug charges
The accused man was taken into custody and held on bond. His drug charges included possession of narcotics, possession of narcotics with intent to sell, possession of drug paraphernalia and operating a drug factory.
There were also charges handed to the man for carrying a weapon, misusing registration plates, driving a vehicle with a suspended license and failure to carry proof of vehicle insurance.
You do not have to consent to a vehicle search
If you are pulled over in a traffic stop, you have the right to refuse a vehicle search if police ask you. However, it is never a good idea to do so when police are insisting on one. Police are allowed to search a vehicle without a warrant if they have probable cause to believe that they will find evidence of a crime.
Illegal searches
Some people are accused of drug crimes after police perform illegal searches on their homes or vehicles. One strategy for disputing drug-related charges is to argue that police conduct during the investigation was unlawful.]]>