Criminal Defense

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Have you or someone you know been arrested?

What should you do? The answer to your questions will likely depend upon the circumstances in which you are involved. This is why it is important to contact an attorney right away before speaking with the police. Attorney James A. Welcome wants you to know a few basic principles when dealing with the police during an arrest:

• You have the right to remain silent. If you are arrested, use your judgment. Are the police pressing you to give them a signed statement? Have they already made up their minds to arrest you or are they only trying to extract as much information as they can from you, only to use it against you later? Remember, the more you say without the representation of an attorney, the more they can potentially use against you. If you are not sure if you are under arrest by the police, use caution and ask the police officer if you are free to leave. If you are not, you are under arrest.
• When you exercise your Constitutional right to remain silent and request to contact a lawyer, never be intimidated by an angry officer. Be persistent and ask to speak with a lawyer immediately.
• What if you receive a call that a police officer wants to “question” you at the police station? Are you just an accomplice or witness involved in a criminal matter, or are you a primary suspect? Do you have to go to the police station just because an officer wants you to? What should you do? Use your judgment and don’t forget that you always have a right to an attorney.
• Finally, if you believe you have been falsely accused of a crime, seek immediate help from an attorney. The legal process is intimidating. You may even find yourself accused of something that you never did, and suddenly faced with potential probation or even jail time.

What if you have been arrested for Driving Under the Influence of Alcohol?

Depending on your past criminal record for DUI, you could potentially be facing severe jail time jeopardizing your family and your job.

In Connecticut, a person will be arrested for DUI if they have a blood alcohol level (BAC) of .08 or higher. If this is your first time being arrested for DUI, you may be eligible for a program known as the Alcohol Education Program (AEP). This program can only be used once every ten years. It is a one year program, which acts like a form of probation.

Basically, a person will be required to attend alcohol education classes and potentially alcohol counseling as well. At the end of the one year program, if the program is successfully completed, the DUI charges will be dismissed and they will not show up on your record. You cannot be arrested again for DUI during the course of this program. If you are, you will lose the program and potentially face jail time. A person who applies for and receives the AEP program will have their driver’s license suspended for 90 days.

A second arrest for DUI, in most circumstances, after a person has used the AEP program, is considered your first conviction. The first conviction carries a monetary fine between $500.00--$1000.00. The range of potential jail time is from 2 days in jail to six months maximum. As an alternative to jail, a person can elect to complete 100 hours of community service. The court will impose a length of time for probation in which these community service hours must be completed. The first conviction also carries a one-year license suspension.

A second conviction for DUI is much harsher. The fine range is from $1000.00--$4000.00. Jail time has a range of four months to two years and 100 hours of community service. The driver’s license suspension for a second conviction is for three years.

The third conviction for DUI will likely land you in jail for a significant period of time. The fine range is from $2000.00--$8000.00. The third conviction carries a one-year minimum jail sentence with 100 hours of community service, as well as a likely hefty probationary period following the jail sentence. The maximum time allowed for jail for a third conviction is three years in jail. The third conviction also carries a lifetime driver’s license suspension.

If you have any questions regarding criminal arrests and/or DUI, call Attorney Welcome to discuss your problem. All criminal consultations are free of charge.