Representing Defendants in Criminal Court in Connecticut: An Attorney’s Point of View
Have you been arrested in Connecticut and fear the unknown and feel confused about what to do next? I have spoken to hundreds of people in your shoes. Maybe you’ve recently been charged with domestic violence or pulled over and suddenly you’re facing a DUI charge or you thought your case was done but now you are dealing with a violation of probation. Being charged with a crime can easily be one of the most stressful and confusing situations a person can deal with in their life. One of the reasons is because as humans, it’s natural to desire control, but when you’re charged with a crime, it could feel like you have no control of the situation. However, what you do have control over is the next steps you take after being charged, like if you hire an attorney, and who you choose to represent you. One of my goals is to clear up the confusion and really give my clients and inside look at what it means to be represented by an attorney and everything I do from when a new client calls in, wanting representation to representing them and resolving their case. Follow along below for an inside scoop on what my process is step-by-step.
Onboarding a New Client
When a new client calls in, their questions usually and understandably fall into 3 categories: 1) questions about the crime they’re charged with, 2) questions about how I can help them as a criminal defense attorney, and 3) how much it will cost them to hire me to represent them. Of course, the classic lawyer answer is “it depends,” yet generally, here are my answers to those questions:
1) Questions about the crime you’re charged with: Each criminal charge in Connecticut falls into categories like traffic offenses, domestic violence, DUIs, theft offenses, violent offenses, or miscellaneous offenses like violations of probation or failure to appear. Within those categories, there are labels based on the seriousness of the charge: infractions, misdemeanors, and felonies. The primary reason for these labels is to group crime by its seriousness for the purpose of penalties.
2) Questions about how I can help you as a criminal defense attorney: As a criminal defense attorney in Connecticut, some of my goals are to make sure that your side of the story is heard, you are fully informed of your options, you are guided through the process every step of the way, and you get someone who can step in and advocate for you and make sure your rights are not violated. What this means is that I discuss the facts and the law with you, build a defense strategy to use in court, and attend every court appearance and speak on your behalf. Because the system is nuanced and complicated, the phrase, “I don’t know what I don’t know” is very relatable when you’re going it alone. This is where I step in and make sure that you are not misled.
3) Questions about how much it will cost you for representation: Of course, this question really does depend on the type of crime, your criminal history, and many other factors that are taken into consideration when quoting prices for representation. Here at my firm, I quote a flat rate and do not charge my clients by the hour. This means that you pay that rate and there are no surprise bills in the mail from me after a few months or the concern that everything I do in your case has a price tag. Here, I take pride in my desire to help my community and provide criminal defense representation at an affordable rate.
After a free, confidential consultation, I can then provide the potential new client with a retainer agreement to review and if you decide to move forward with representation, we then move on to the next step in the process, preparing for court.
Preparing For Court
Preparing for court is an extremely important part of representing clients, because a lot of the work that must be done is actually outside of the courtroom and more behind the scenes. Let me give you a broad overview of what I do to prepare for court.
1) Filing an appearance with the court. Once hired by you, the first thing I do is file an appearance form with the clerk’s office and the state’s attorney’s office, so that the court knows that you are represented by me. This form goes into the court’s file and puts everyone on notice.
2) Discovery requests. The next step I take is sending a discovery request to the state’s attorney’s office. “Discovery” refers to the police reports, incident reports, photo evidence, video footage, test results, or anything else that the State has in their file against you. Depending on the courthouse, I receive discovery anywhere from the day of the request to a few weeks after the request.
3) Reviewing discovery. After receiving the discovery, I review it, make summaries of the facts, highlight any inconsistencies, and compare the facts alleged to the crime you are charged with. I also call you to discuss this evidence with you so you are fully informed of the specific allegations against you.
4) Preparing a defense. This part of the process often involved a deep understanding of not only Connecticut law and penalties, but of the specific ways prosecutors and judges handle types of crime and what options are available. During this preparation, I may speak with the prosecutors, request documents from you, prepare arguments for the court, and consider all types of programs and options that may be available.
Preparing for court is not always straightforward. Every single case and client is different and are treated as such. Some cases may require the filing of motions, more in-depth reviews of the law, or more extensive conversations with you about your individual needs and goals.
Representing Clients in Court
We’ve now reached the date of your court appearance, perhaps the scariest part of the entire process. I will give you a detailed guide of what I go over with clients to prepare for court. This will hopefully relieve some of that fear and stress.
Time: When do you arrive for your court appearance? Everyone should receive a notice in the mail that states the time, date and place of court. The time is almost always 9 a.m. The doors to the courthouse open at 9 a.m. and from 9 a.m. to 10 a.m., prosecutors are discussing cases with self-represented individuals or attorneys before court actually begins. Court actually begins generally at 10 a.m., when the presiding judge comes out and takes the bench. If you are represented by an attorney, you will not be speaking to the prosecutors from 9 a.m. to 10 a.m. Instead, your attorney meets with the prosecutor and discusses your case. For some, you may be in and out of the courthouse before the judge even takes the bench at 10 a.m., for others, you may be sitting inside the courtroom until your case is called, which could be anywhere from a few minutes to a few hours, depending on the situation. If it’s your first court date, called an arraignment, you may be in court longer than any other court appearance. Arraignments usually take a few hours and you may not be able to leave court until the afternoon, so you must plan accordingly.
Place: In Connecticut, the location that you received your ticket, summons, or were arrested in, will determine what courthouse your case will be in. Depending on the city, your case will be in one of these courthouses: Stamford (J.D./G.A. #1), Bridgeport (J.D./G.A. #2), Danbury (J.D./G.A. #3), Waterbury (J.D./G.A. #4), Derby (G.A. #5), Meriden (G.A. #7), Middletown (J.D./G.A. #9), New London (J.D./G.A. #10), Danielson (J.D./G.A. #11), Manchester (G.A. #12), Hartford (J.D./G.A. #14), New Britain (J.D./G.A. #15), Torrington (G.A. #18), Rockville (J.D./G.A. #19), Norwich (G.A. #21), Milford (J.D./G.A. #22), or New Haven (J.D./G.A. #23). Every courthouse is a “G.A.,” meaning geographical area courthouse, that handles lower-level offenses like misdemeanors and some felonies. Some courthouses are also a “J.D.,” meaning judicial district courthouse, that also handles higher-level offenses like serious and more complex felony cases. Your summons or paperwork given to you after you’re arrested will indicate the courthouse and location of your court appearance.
Courthouse Staff: From the moment you step into a courthouse, you will encounter many different staff members and people doing different jobs. When you first arrive, you will immediately see a marshal, dressed in uniform, who will direct you to walk through a metal detector. You will place your phone, belt, and other belongings onto a tray to be scanned and you will walk through the metal detector. You may be asked to step to the side briefly to be scanned by a marshal if the metal detector goes off. Throughout the courthouse, you will see the uniformed marshals guarding the courtrooms, assisting other staff members, and directing people where to go. Inside the courthouse, there will be courtrooms and other offices such as “Family Relations,” “Bail Commissioner,” “Office of Adult Probation,” “Clerk’s Office” and others. Inside the courtroom and while court is in session, there will be a judge sitting on the bench, a clerk next to the judge, a court reporter, marshals, prosecutors, attorneys, and members of the public. Be respectful to everyone at the courthouse, but remember that you do not need to speak with court staff or anyone else about your case without an attorney present.
Going in Front of the Judge: At every court date, one of two things will happen. You will either 1) get a new court date, because there is more that must be done in the case to resolve it, or 2) have a final disposition and be able to leave without a new court date. When you get a new court date, it could be “off the record” and decided on between the prosecutor and your attorney or, you may need to get a new court date ordered by the judge “on the record.” When you have to go in front of the judge, you will be seated in a courtroom row with other people waiting for their cases to be called. When the prosecutor calls your case: “next on line _____ on the docket, State v. _____________(your name). This is when you go up and stand with your attorney at the podium. Unless otherwise told, your attorney will speak to the judge on your behalf and at the appropriate time. Unfortunately, there are unexpected things that could happen while in front of the judge, but for the most part, I do my best to prepare my client for what to expect. In most situations, the judge will hear any motions that have been filed, briefly discuss the case, and give the case a new court date. If the case is at a standstill in negotiations to resolve it, the defense may request that the case move to a judicial pre-trial, which will occur on the next court date. A judicial pre-trial is an informal discussion between the judge, prosecutor, and defense attorney, in an attempt to resolve the case. In cases that have already had a pre-trial and still cannot be resolved, defense may request that the case be put on the trial list. In some cases, the case will resolve that day, by one of these options:
1) Nolle or dismissal- the prosecutor, for various different reasons, may “nolle” the case, which means, they decide to no longer prosecute the case, and it gets completely dismissed after 13 months. The prosecutor may nolle the case, and then the judge dismisses the case altogether.
2) Diversionary program completion- the case is dismissed after the defendant successfully completes a diversionary program such as Accelerated Rehabilitation (AR), Impaired Driving Intervention Program (IDIP), or Family Violence Education Program (FVEP).
3) Guilty plea- the case reaches a final disposition through a plea deal. Many times, this involves a plea of guilty to one or more of the charges or reduced charges and is arranged between the prosecutor and attorney and agreed to by the defendant.
After the Court Appearance: After getting a new date “off the record” or going in front of the judge, there are typically next steps to discuss if the case did not resolve on that day. This may involve requests for documentation or collecting additional documents to prepare for the next court date. Unfortunately, some cases can resolve in one day, while others take several court dates that occur over several months. Either way, my goal is to ensure that at each and every court date, I am moving the case forward in some way.
The above guide can be used if you are just browsing for an attorney and have not decided what direction you want to go, or if you are a current client and want a refresher on the process. Of course, each and every case varies and is handled differently, but I hope this guide can help answer some questions and give you a picture in your mind of what you can expect during this process.
If you or a loved one are currently being investigated by police, arrested, or issued a summons to appear in criminal court, contact Attorney Emily Shouse today for a free, confidential consultation.
