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Questions Answered by Joseph Bronson Barnes Esq
1 Answer | Asked in DUI / DWI for Connecticut on
Q: Was arrested for DUI pleaded guilty

I come to find out my lawer knew at the time of plea that there was no evidence ,{urine test had been lost} but he didn't tell me and allowed me to ple guilty anyways is there anything I can do now?

Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

You can complain. the case is over, the appeal period has run. The statute of limitation is probably two years but may still be in effect for up to three years in some cases for a suit for malpractice by your lawyer. You must act quickly as in January 2014 the three years expire as well.

1 Answer | Asked in DUI / DWI for Connecticut on
Q: I am a connecticut resident, recently arrested for dwi in new york state. How does the out-of-state status factor in?
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

Under the interstate compact you are nailed in both with DMV consequences to your license based upon the conviction in addition to the criminal penalties imposed by the court.

1 Answer | Asked in DUI / DWI for Connecticut on
Q: What are some of the consequences of evading responsibility with a DUI arrest
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

for the evading you will be fined not more than five hundred dollars or imprisoned not more than six months or both. The DMV will also suspend your license for 90 days. The DUI is worse and, because of the evading, the state's attorney and/or judge may deny you the alcohol education program, and... Read more »

1 Answer | Asked in DUI / DWI for Connecticut on
Q: Can you get a breathlizer in your car after your 3rd dui?
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

It is called an gnition interlock device. With three DUI's you can look forward to a VERY long Suspension then they will most certainly insist.

1 Answer | Asked in DUI / DWI for Connecticut on
Q: My 16yo son just got a 30-89. Do I need a lawyer?

He was with 2 other boys and he was not drinking. They were also caught with pot, but my son did not have pot on him. I do not think my son was drinking. Can we pleed not guilty?

Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

absolutely, plead not guilty if he WAS not guilty. Conviction of Possession of alcohol in violation of C.G.S. 30-89 means the DMV must suspend the driver's license and can result in Very stiff insurance costs thereafter that will affect your family. Get him a lawyer.

1 Answer | Asked in DUI / DWI for Connecticut on
Q: How much time will you serve for Manslaughter in the second degree with a motor vehicle while intoxicated 53a-56b*
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

Up to ten years in jail (2-4 is typical perhaps even minimal), and suspend your license for one year and require an approved ignition interlock device, as defined in section 14-227j, for a period of two years more.

1 Answer | Asked in DUI / DWI for Connecticut on
Q: What is the penalty for violating ct. law 14-230 failure to drive on the right side of the road during a DUI accident.
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

14-230 is an infraction - a fine is applied. A DUI can have very serious consequences including jail so that is the one he should worry about

1 Answer | Asked in Criminal Law for Connecticut on
Q: My son was caught patronizing a prostitute. class A misdemeanor. what would be the sentences if he plea guilty .?
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

He may be entitled to apply for accelerated rehabilitation to keep his record clean. A plea of guilty on a first offense usually results in probation and/or fine. At worst a Class A Misdemeanor is up to a year in jail and up to two thousand dollars in fines.

1 Answer | Asked in Criminal Law for Connecticut on
Q: Can the state charge me with a crime if the victim dropped the charges?
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

Yes, The prosecutor must still drop the charges as he represents the state, not the victim. but, as a practical matter, if the witness, "Victim," drops out, the case generally goes too.

1 Answer | Asked in Criminal Law for Connecticut on
Q: Does breach of peace in the second degree mean robbery or theft?
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

8.4-4 Breach of the Peace in the Second Degree -- § 53a-181 (a) (3)

Revised to June 12, 2009

The defendant is charged [in count __] with breach of the peace in the second degree. The statute defining this offense reads in pertinent as follows:

a person is guilty of breach...
Read more »

1 Answer | Asked in Criminal Law for Connecticut on
Q: How do i represent myself on criminal charges bought against me
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

with luck.

1 Answer | Asked in Divorce for Connecticut on
Q: Can you put your divorce on hold or withdraw your complaint in the state of ct
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

Withdraw: yes, on Hold: only by motion to the court for an attempt at reconciliation for instance. If your spouse filed an answer and counter-complaint, he/she, could proceed on that even if you withdraw.

1 Answer | Asked in Criminal Law for Connecticut on
Q: What usually happens to 1st time offenders with Larceny in the sixth degree 53a-125b in connecticut
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

If Guilty, you can apply for accelerated rehabilitation to keep your record clean (do restitution, probation and community service). If innocent fight it.

1 Answer | Asked in Criminal Law for Connecticut on
Q: Can the Victim withdraw assault in the 3rd degree ?
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

Sort of, The prosecutor must still drop the charges as he represents the state, not the victim. but, as a practical matter, if the witness, "Victim," drops out, the case generally goes too.

1 Answer | Asked in Criminal Law for Connecticut on
Q: If I was arrested but the case was dropped is it on my record? Will it effect my renewal in obtaining my CT Guard Card?
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

Depends, If it was dropped by something called a "nolle" which means he prosecutor agrees not to prosecute it remains on file and could be reinstated, usually for cause (like a repeat offense), for 13 months. After that, or if the case is "Dismissed" by the judge, the file will be destroyed and you... Read more »

1 Answer | Asked in Criminal Law for Connecticut on
Q: How many times does a person need to be arrested before they serve any jail time?
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

There is no rule, you can go away the very first time. Sometimes its mandatory as a crime with a gun (One year mandatory). There is an alternative to incarceration called accelerated Rehabilitation for someone who never committed a crime before. If approved by the judge, you get probation,... Read more »

1 Answer | Asked in Criminal Law for Connecticut on
Q: I have a class d felony for stealing and forgery how much time can I serve max
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

Absent anything else, 5 years and $5,000

1 Answer | Asked in Criminal Law for Connecticut on
Q: Is there a way to file a case in federal court after done everything possible in state court
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

Usually no, but they are separate jurisdictions with different rules you need to review the matter with a lawyer. I have had several cases in Federal court where they dismissed the state charges so I brought them in State court after the verdict on the federal matters. Be careful, the statute of... Read more »

1 Answer | Asked in Criminal Law for Connecticut on
Q: If someone filed false claim in a POC for monies said owed and you can prove they lied is that person going to prison ?

The plaintiff in my case filed false claims for monies said owed and lied in a proof of claim and I have 100% proff. is that person going to prison ?

Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

Proof of claim went where? Bankruptcy court? You need to contest the POC or it may be accepted as fact. If he lied under oath, it is perjury and is a felony. Will he go to jail?, maybe. Bill Clinton lied under oath and nothing happened.

1 Answer | Asked in Divorce for Connecticut on
Q: Do I have to provide Heath insurance for my wife if we divorce
Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq answered on Nov 25, 2013

NO. In fact you CANNOT keep her on your policy under insurance law.

You do have to offer COBRA through your employer if she is currently insured under your policy (then She pays)

AND, if the court decides, you may have to pay alimony which could go to help pay for her insurance

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