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court-1-300x225Is Urban Exploring Illegal in Connecticut?

Urban exploring — sometimes called “urbex” — is a hobby that’s grown in popularity over the last decade. People are fascinated by abandoned factories, forgotten hospitals, and old schools. For many, it’s about art, history, and photography. They’re not criminals — they’re adventurers with cameras, curiosity, and a love of capturing places most people never see.

The problem is that Connecticut law doesn’t make much room for curiosity. In other states, the rules may be looser, or police may turn a blind eye. But here, stepping into an abandoned building without permission is still treated as trespassing, and in some cases, it can escalate into felony burglary charges.

avvo-ratingA lot of people are shocked to find themselves arrested in Connecticut just for carrying a pocketknife. You might think, “It’s just a tool, I use it for work, camping, or opening boxes — how could this be a crime?” I hear this all the time from clients.

The truth is, Connecticut’s weapons laws are strict, confusing, and enforced aggressively. What seems like a harmless item to you can turn into a serious criminal case overnight.


The Law on Knives in Connecticut

20170616_162718_resized-225x300Many people assume that a DUI charge only applies to alcohol. In reality, under Connecticut law, you can be arrested for driving under the influence of prescription medications — even if you took them exactly as your doctor instructed.

As a criminal defense lawyer, I see many clients blindsided by DUI arrests tied to Ambien, Xanax, painkillers, or other legal prescriptions.


The Law: Prescription Drug DUI in Connecticut

police-line-1-300x225Introduction: The Shock of a Phone Search

Imagine being pulled over late at night. An officer looks at you and says, “Mind if I take a look at your phone?”

Your cell phone holds your entire life — texts, photos, banking apps, emails, and location history. For most people, the idea of police digging through that personal data is terrifying. The immediate question is: Can they really do that?

avvo-ratingBeing arrested for Risk of Injury to a Minor is one of the most stressful and frightening experiences a parent or caregiver can go through. Under Connecticut law, this charge is codified in Connecticut General Statutes §53-21. It’s incredibly broad, and because of that, police often tack it onto cases where children are even near the alleged misconduct.

For example, if you are arrested for domestic violence and children are in the home, you could also face Risk of Injury charges. If you are stopped for DUI with your kids in the car, Risk of Injury is almost always added. Police use this statute as a catch-all to protect children, but it often sweeps up people who never intended to harm anyone.

The stakes could not be higher: Risk of Injury is a Class C felony punishable by up to 10 years in prison and a permanent felony record. Beyond that, the Department of Children and Families (DCF) typically becomes involved, placing your parental rights under scrutiny.

Domestic-Violence-new-Photo-300x200-300x200Getting arrested for domestic violence when you did nothing wrong is one of the most frightening experiences anyone can face. The police show up, emotions are high, and suddenly you’re being handcuffed and taken away—even if the other person never wanted you arrested in the first place.

This happens all the time in Connecticut because of the mandatory arrest law. If police believe there is any probable cause whatsoever that a family violence crime occurred, they must make an arrest. They have no choice, no discretion. Even if the alleged victim begs them not to arrest you, the law requires it.

As a criminal defense lawyer with over 30 years of experience handling domestic violence cases, I see false arrests more often than you might think. The good news is these cases are very defensible. If you act quickly and make smart decisions, you can protect your rights and position your case for dismissal.

court-1-300x225Why Diversionary Programs Matter

Connecticut’s diversionary programs — Accelerated Rehabilitation (AR), the Impaired Driving Intervention Program (IDIP), and the Family Violence Education Program (FVEP) — are second chances. Finish the program, and your case disappears — like it never happened.

But if you fail to follow the rules, you can “blow” the program. Once that happens, your case is brought back on the docket, and you face prosecution on the original charges as if the program never existed. Judges and prosecutors take these violations very seriously.

Stamford-Criminal-Lawyer-1-300x225Connecticut’s Shockingly Broad Definition of “Operation”

Here’s the hard truth: even if you know you’re intoxicated and pull off the road to a parking lot or stop your car to avoid driving further, you can still be arrested and charged with DUI in Connecticut. You don’t even have to be driving down the road. Simply sitting in your car under the wrong circumstances is considered “operation.”

In my view, that’s a poor policy decision. It punishes people who are actually trying to do the responsible thing and not endanger others by driving further. But it is the law. The Connecticut Appellate Court in State v. Ducatt, 22 Conn. App. 88 (1990) held that “operation” includes taking actions such as inserting the key into the ignition or sitting in a running vehicle, even if the car never moves an inch.

Allan F. Friedman Criminal Lawyer LogoThe Big Misconception

Now that marijuana is legal in Connecticut, a lot of people think it’s safe to light up and drive. I can’t tell you how many calls I get from people who are stunned when they get arrested for DUI after smoking the night before, or even hours earlier. They’ll say to me, “But I thought it was legal now?”

Here’s the truth: marijuana may be legal to use, but it is still absolutely illegal to drive under its influence. Police in Connecticut are watching closely, and cannabis DUI cases are being prosecuted just as aggressively as alcohol DUIs.

Domestic-Violence-new-Photo-300x200-300x200Living under a protective order is stressful enough. Add in the fact that you’re still living under the same roof with the protected party, and it can feel like you’re walking on eggshells every single day. Clients tell me this all the time: they feel like they can’t breathe normally in their own home, constantly worried that any wrong move could lead to another arrest.

In Connecticut, protective orders are taken very seriously. Even if you and the protected party both want to live in the same house, the law imposes strict conditions. Violating those conditions — even by accident — can result in a felony charge.


The Three Types of Criminal Protective Orders in Connecticut

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