• Questions and Answers / Good Info

  • The good news:

    You’re doing well in school, Dean’s List, have job opportunities waiting for you, or perhaps graduate school. You (or your parents) have just dropped 100 grand on your education, but that’s not a problem, you’re going to be making 6 figures in no time, and the student loans will be paid before your 5 year reunion.

    The bad news:

    You just got pinched by the cops and you’re looking at a felony conviction that is going to wipe it all away.

    The really good news:

    You have Cirello & Vessicchio, LLC on your side and they are going to do everything they can to get your life back on track.

  • Roadside stop for marijuana possession:

  • So the cops pull you over for speeding and you have pot in the car. After you give the cops your driver’s license and registration he asks you to step out of the car and he finds the pot. Then he starts asking you questions. Whose is it? Is there any more in the trunk, glovebox, or on you? Where did you get it? What should you do? 

Now is not the time to panic. What you want to do is ask to speak to a lawyer at CVattorneys.com at 1-800-318-8310.

    Do you have to answer the police officer’s Questions?
    According to the American Civil Liberties Union, if you are ever stopped by a police officer you are expected to provide your name, and identification. If you don’t have any identification with you he can ask you your address and date of birth. Other than that you don’t have to answer any other questions. As they say on Cops, “You have the right to remain silent.”

    Was the police officer allowed to search the interior of your car?
    This depends on the specific facts and circumstances of your case. In most cases the police can search the interior of your car for their safety to make sure there are no weapons. In most cases if they found the pot while conducting this search it is a legal search.

    When do the police have to read you your rights?
    According to Miranda v. Arizona, the police are required to read you your rights when you are under custodial interrogation. This means that you have to be in police custody (you are unable to leave on your own) and they are asking you questions. In this example it would be after he found the pot and asked you were you got it.

    So you get arrested and have to appear in court. Will you go to jail?
    There are many factors to consider but in most cases you will not go to jail for your first offense in the State of Connecticut. In most cases the charges will be dismissed after you complete a program of drug education and community service. 

So you’re leaving a party and you had a few beers. The police pull you over and ask you to step out of the car. They ask, “Have you been drinking?” Then they ask you to perform roadside sobriety tests. They say you failed the tests and they want to bring you to the station to take a breathalyzer. How do you know if you have had too much to drink? Should you do the roadside tests? Do you take the breathalyzer test? Are you going to go to jail? Now is not the time to panic. What you want to do is ask to speak to a lawyer at Cirello & Vessicchio, LLC at 1-800-318-8310.

  • Roadside stop for Drunk Driving:

  • How do you know if you have had too much to drink?
    Unfortunately, no one knows how much is too much to drink. The law says that if you are over the age of 21 and have a blood alcohol level of 0.08 you are over the legal limit. This blood alcohol level depends on your size, weight, what you have had to eat, how many drinks you have had, how your body metabolizes the alcohol and many other factors. This is one of the reasons why celebrities, politicians, athletes and other well respected members of society get pinched for DUI. They had no idea they were too drunk when they got behind the wheel. The most ironic case happened in the spring of 2007 when a volunteer of MADD (Mother’s Against Drunk Driving) was caught doing 75 miles an hour down Route 80 drunk as a skunk. A month earlier she was testifying before the Connecticut General Assembly for stricter drunk driving laws. Ooops.
    Should you take the roadside tests?
    In most cases the police already have probable cause to arrest you prior to you getting out of the car. They are looking for more evidence to use against you by watching you fail these very subjective roadside tests. I have never seen a drunk driving stop where the roadside tests helped the driver get out of getting arrested. What you want to do is ask to speak to a lawyer at Cirello & Vessicchio, LLC at 1-800-318-8310. In most cases it is better to refuse the test and be arrested rather than take the tests and fail.
    Should you take the breathalyzer tests?
    In most cases you should take the breathalizer test. Prior to taking the test you want to ask to speak to a lawyer at Cirello & Vessicchio, LLC at 1-800-318-8310 to explain your rights. If you refuse to take a breathalyzer test your driver’s license will be automatically suspended for 6 months. If it’s your second offense the suspension is for 1 year and for your third, 3 years. If you take the test and fail, your license will be suspended for 90 days. So the choice is clear, better to take the test and fail then refuse and loose your license for twice as long.
    Are you going to go to jail?
    There are many factors to consider but in most cases you will not go to jail for your first offense in the State of Connecticut. In most cases the charges will be dismissed after you complete a program of alcohol education and community service. If you are not eligible for the Alcohol Education Program, you could be exposed to a maximum $1,000 fine and 6 months in jail with a one year suspension of your license.

  • Domestic Violence Cases

  • A domestic Violence case is where one person (the “accused” or “defendant”) assaults or harasses another person (the “victim”) and the accused and victim either live together, are family members or have a dating relationship.

    In these cases it is very important to call an attorney at CVattorneys (800-318-8310) before your first court appearance. At that court appearance called the Arraignment, the judge will determine your bail and your conditions of release.

    In some cases, the judge will impose a very restrictive condition of release called a protective order. The Order could have the following conditions:

    • The defendant is prohibited from going to the victim’s home or work;
    • The defendant is prohibited from communicating with the victim either in person, by phone, text message or e-mail;
    • The defendant is prohibited from contacting the victim through a third person;
    • The defendant must turn over his permit to carry a pistol and must turn over all guns to the police or a neutral party;
    • The defendant will be prohibited from threatening, harassing or assaulting the victim; and
    • Other conditions the court may deem appropriate
      If the protective order is violated while the case is pending, the defendant will be charged with an additional crime, Violation of Protective Order which is a D felony punishable by 5 years in jail. Furthermore, the victim in the case cannot have the protective order removed. Only the court that put the order in place has the ability to remove the order.

    Additionally, the victim does not have the ability to drop the charges once the case is filed with the court. The State’s Attorney is the only person who can drop the charges once the case reaches the court system.

    For more information about Domestic Violence Cases, please call an attorney at Cirello & Vessicchio, LLC 800-318-8310.