How Criminal Cases Are Resolved in Connecticut
If you are charged with a crime in Connecticut, the case does not automatically go to trial. Many misconceptions in criminal cases come from the media. Oftentimes, moves and tv shows portray an extremely condensed version of the timeline of a criminal case. In reality, cases don’t go from an arrest to arraignment to trial to sentencing in a matter of days like the media makes it seem. Most cases in Connecticut never go to trial at all and are resolved in a variety of other ways. Understanding how cases are resolved can help you better understand what to expect in the criminal court process.
Keep in mind that every case is different and it is not possible to know exactly how your specific case will resolve without consulting with an attorney and their full review of the evidence.
Dismissal of Charges
In some cases, criminal charges may be nolled by the state’s attorney’s office and then dismissed by the court. A “nolle” means that the prosecutor drops the case and forgoes prosecuting it any further. The court can then accept then dismiss the case on its own or upon request.
Dismissals can happen for several reasons, including:
Lack of sufficient evidence
Legal issues with the arrest or investigation
Unavailable or uncooperative witnesses or victims
Completion of certain conditions (ex. community service, treatment, restitution)
If a case is dismissed, the charges do not end up on that individual’s criminal history and typically, all arrest records and reports are destroyed.
Diversionary Programs
Connecticut is unique in its wide array of diversionary programs and often more liberal approach to the applications for these programs.
Diversionary programs include:
Accelerated Rehabilitation
Impaired Driving Intervention Program
Drug Education Program
Family Violence Education Program
Supervised Diversionary Program
If a defendant successfully completes the program requirements, the charges are typically automatically dismissed on a date set by the judge at the time of the granting of the program.
Plea Agreements
Many cases that cannot be resolved with a nolle/dismissal or through a diversionary program, are resolved through a plea agreement reached between the defense and the state’s attorney. In a plea agreement, the defendant agrees to plead guilty or no contest in exchange for an agreement upon resolution.
Agreed-upon resolutions could include:
Reduced or substituted charges
Recommended sentence
Probation
Suspended jail time
Fines or other conditions (often an unconditional discharge)
No penalties (unconditional discharge)
The judge must approve the plea agreement, canvass the defendant, and impose the agreed-upon sentence before it becomes final and the case is officially over.
Trial
If the case still cannot be resolved through nolle/dismissal, diversionary program, or plea agreement, the case will then proceed to trial, after pre-trial with the judge and a wait on the trial list.
Prior to trial, there are often meetings with the presiding judge, further negotiations, last-minute deals offered, trial motion hearings, and lastly, jury selection. After all of these steps have been completed, the evidence will be presented before a judge or jury.
At the end of a trial, the defendant will be found either not guilty or guilty. This is often the riskiest option to resolve a case because the decision is completely out of the defendant’s hands.
Summary
Every criminal case is different and the best possible resolution depends on the unique facts, strength of the evidence, and the defendant’s eligibility for certain programs or defenses.
If you’re facing criminal charges in Connecticut, speaking with an experienced criminal defense attorney can help you understand your options and work toward the best possible outcome.
