May 30, 2012

Stamford, Connecticut – The unthinkable has happened; you’ve just been arrested and charged with a crime.  If you’re like most people, this is a shattering event which can leave you floundering, uncertain what to do first.  Mark Sherman, a Stamford criminal attorney who has been helping people facing criminal charges in New York and Connecticut since 1998, offers the following advice.

“The key to obtaining the most favorable outcome is to seek legal counsel as early as possible,” Attorney Sherman explains.  “Unless a person is trained in the complexities of the law, they are unlikely to adequately defend themselves.”  Even if you do have some degree of responsibility for the charges, pleading guilty or simply accepting a plea bargain offer may not be the best step to take.

One example of this is a recent case defended by Mark Sherman.  A ninety-year-old former school teacher and World War II veteran allegedly struck and hit a teenager and then drove off, leaving the seriously injured boy beside the road.  As explained in court, the driver, who was suffering from macular degeneration, did not know he had hit anyone until he heard the news reports describing his vehicle.  With the assistance of his Stamford criminal attorney, the driver was able to apologize to the victim and make financial restitution.  In due time, all charges will be dismissed through the accelerated rehabilitation program.

“This is was a very favorable resolution,” attorney Mark Sherman stated, “one which would not have been likely without legal assistance.”  When a person faces such a crisis, they need someone in their corner to focus completely on obtaining the most favorable outcome.  “It’s our goal to help people get through the situation with either a complete dismissal or the most lenient sentence possible.”

Another mistake people often make when faced with a criminal charge is to try to explain the situation to police, or panic and sign statements without first consulting an attorney.  Law enforcement is looking for a solution to a case, and they may not perceive your statements in the same way in which you intend them.  “This is in no way an indictment against law enforcement,” Sherman continues.  “It’s simply a fact that the investigating officers are not responsible for representing your best interests.”

Language barriers are another difficult hurdle for some people charged with a crime.  Statements made by someone for whom English is a second language may be completely misunderstood by investigators, and no one should ever accept a plea or sign a statement without a competent legal representative who can communicate in the person’s native tongue.  This is why Mark Sherman Law employs a Stamford criminal attorney who is fluent in Spanish.

Being charged with a crime is a life-altering event; therefore, finding competent legal representation can help mitigate the impact on your life.  “If you are charged with a crime,” Sherman concludes, “Don’t go it alone.  Get help so you can move forward and put the incident behind you as quickly as possible”.”

About Mark Sherman

Mark Sherman, a graduate of the University of Pennsylvania and Fordham University of Law, has been a member in good standing of the Connecticut, New York and Florida state bars since 1998.  He has offices in Stamford, Connecticutand New York, New York, and practices in both locations.  He has been recognized as a top business professional by the Fairfield County Business Journal and has been honored as a “Super Lawyer” by both New England and Connecticut Super Lawyers for 2011 and 2012.

Know Your Rights

One of the first steps in protecting yourself is to know your rights.  Police officers do have the right to search your person at the time of an arrest, and they do not need a search warrant to take note of objects in plain sight.  That doesn’t mean that they can search your home or look into locked compartments in your car without a warrant.  Law enforcement will frequently ask for your permission to search an area, but you have the right to refuse.

If you are driving a car, then you have a duty to show an officer your driver’s license, vehicle registration and proof of insurance.  This is a responsibility you accept in order to obtain a license.  However, you are not required to answer questions without a Greenwich criminal attorney present.  Don’t surrender your right to remain silent out of fear.  You may believe that a simple explanation will resolve an issue, but that may not be the case.  Insist upon your right to remain silent until you have an attorney present to represent you.

Keep Your Cool

Facing a criminal charge or investigation is stressful to say the least, but maintaining a polite, calm demeanor goes a long way in protecting your rights; losing your temper or being disrespectful simply exacerbates the situation.  This is one of the reasons obtaining the services of a Greenwich criminal lawyer from the onset is so important.  Having someone on your sidewho knows the law, can guide you through each step of the process, and will protect all of your rights can turn a nightmare into a manageable situation.

Fear can bring out the worst in all of us, and facing a criminal charge can be terrifying.  There is so much at stake; the loss of freedom, employment, your reputation and the ability to be with your family.  This fear often causes innocent people to accept a plea in order to avoid the potential of incarceration.  Such plea bargains are not without their own dangers, however, and you should never agree to any plea without the assistance of a Greenwich criminal lawyer.  A plea is an acknowledgment of guilt and can have permanent consequences, and prosecuting attorneys are interested in resolving a case; not in representing the best interests of an accused individual.

Choose An Experienced Greenwich Criminal Lawyer

When faced with a crisis like this, you need someone who is experienced in the practice of criminal law.  While you may not have a lot of time to look for an attorney, you should still carefully screen any prospective attorneys.  Feel free to ask them if they have ever defended people against similar charges.  If they have, find out how the case was resolved.  Many attorneys like Mark Sherman, who practices in Connecticut and New York, have websites which describe their experience in detail and offer testimonials.

Share All the Facts

Attorney-client confidentiality means that you and your attorney can talk freely with one another without fear of anyone else listening in or having access to your records.  And you do need to speak freely with your attorney so he won’t encounter any surprises in preparing your defense.  In addition, attorneys have the right to see all of the evidence which will be used against you in order to defend your case.  The goal of your Greenwich criminal attorney should be to either see all of the charges dropped or to obtain the most lenient sentence possible, and it will help him to accomplish that if you will be completely open with him or her about all aspects of the case as you know it.

At Mark Sherman Law, you will find a staff ready and willing to help you through any legal crisis, no matter how severe.  They treat each client as if it is their only case, and they are passionate about defending those they represent.

About Mark Sherman

Mark Sherman, a graduate of the University of Pennsylvania and Fordham University of Law, has been a member in good standing of the Connecticut, New York and Florida state bars since 1998.  He has offices in Stamford, Connecticut and New York, New York, and practices in both locations.  He has been recognized as a top business professional by the Fairfield County Business Journal and has been honored as a “Super Lawyer” by both New England and Connecticut Super Lawyers for 2011 and 2012.

Understanding DUI Laws in CT

In CT, the acronym DUI is short for driving under the influence (of drugs or alcohol). The legal definition is two-fold; the first refers to the blood alcohol level (.08 if over 21; .02 if under 21), and the second simply refers to driving with an impaired ability. In the second scenario, a person can have a lower or even no alcohol in their blood and still be charged. For example, if you are under a doctor’s care and take a pain pill before driving, you can actually be charged with a DUI if you’re driving erratically.

Two Levels of Prosecution

In Connecticut, a DUI is prosecuted civilly by the Department of Motor Vehicles and criminally by the judicial system. The DMV is the agency which will suspend your driving privileges. You do have a right to a hearing and can appeal a suspension, but those opportunities are tied to strict timeframes, another reason to contact a Stamford DWI attorney immediately.

The court system will also prosecute a drunken driving charge, and any penalties assessed will be in addition to the license suspension. It also makes a difference if this is the first, second or third conviction within the last 10 years. Penalties may include fines, jail, substance abuse treatment, community service or a combination of these.

Alcohol Testing

Like most states, Connecticut recognizes the doctrine of implied consent. What this means is that you automatically give your consent to submit to alcohol testing when requested by an officer at the time you obtain your driver’s license. What many people don’t realize is that you do have a right to consult with your attorney prior to any test being administered. If that request is denied, then the results can be deemed inadmissible in court. In fact, Connecticut law sets a number of standards regarding blood alcohol testing to ensure that the results are accurate and the tests are not abused.

Two tests are required; the first must be taken within 2 hours of the time you have operated your motor vehicle, and the second test must be administered at least 10 minutes after the first.

Conviction Alternatives

If this is your first offense, should you just plead guilty, pay the fine and accept the six month driving suspension? “Not necessarily,” says Mark Sherman, a Stamford DWI attorney. “A DUI conviction remains on your record forever in Connecticut, and penalties for any subsequent offense can be stiff.” An attorney can negotiate possible alternatives for first time offenders which may keep the incident off their records altogether. A DUI conviction can affect many aspects of your life, including insurance costs and employment opportunities. Don’t let one mistake become a handicapped for the next 10 years – hire a Stamford or Greenwich DUI lawyer to protect your future by properly resolving the crisis you face today.

Even if you have had a prior conviction within the last decade, your attorney can still fight for alternatives which will mitigate some of the damages. For example, in some cases a portion of the license suspension can be replaced with a work or school permit, or an agreement to drive using an interlock device.

Have you or someone you love been charged with driving under the influence in Connecticut? If so, improve your chances of a swift and positive resolution by contacting the law offices of Mark Sherman, an experienced Stamford DUI lawyer.

About Mark Sherman

Mark Sherman, a graduate of the University of Pennsylvania and Fordham University School of Law, has been a member in good standing of the Connecticut, New York and Florida state bars since 1998. He has offices in Stamford, Connecticut and New York, New York, and practices in both locations. He has been recognized as a top business professional by the Fairfield County Business Journal and has been honored as a “Super Lawyer” by both New England and Connecticut Super Lawyers for 2011 and 2012.

But what about the people who have criminal records for possessing marijuana who were convicted and pled out prior to the enactment of the new law? Do they get the benefit of the new law? The answer is yes, but only for those people who had less than .5 ounces in their possession when they are arrested.

If you’re one of those individuals who qualify to have their prior marijuana possession charges erased and expunged, The Law Offices of Mark Sherman can help you do it. Please call us today to discuss getting the process started. If you are eligible, we can have your prior marijuana possession misdemeanor conviction expunged and erased within weeks.

March 4, 2012

By: Maggie Gordon

http://www.dariennewsonline.com/news/article/Darien-special-ed-case-to-have-its-day-in-court-390598.php

Five years after filing a lawsuit against the Darien Board of Education, the parents of four special education students will have their day in court on May 3.

The original lawsuit, filed in February 2005, alleges that the children were repeatedly struck, berated, force fed and refused bathroom access from November 2003 to March 2004 while attending the Early Learning Program (ELP) at Hindley School. The children, who were between the ages of 3 and 5 at the time, were identified as Gary, Allan, Jonathon and Bobby Doe.

“This decision [to bring the case to court] is a long time coming for these four families,” said Mark Sherman, the lawyer representing the families. “While the children have moved on with their lives, the events of that school year continue to haunt the parents and the effects of the abuse still linger and exacerbate each of these children’s disabilities.”

The parents, identified as Paul, Lisa, Mary and Alice Doe, allege that teacher’s aides Johnna Galiatsos and Kim Granite committed assault and battery, false imprisonment, recklessness and intentional infliction of emotional distress. The lawsuit also alleges that Granite, Galiatsos and former teacher Karen Wilson violated substantive due process pursuant to the Fourteenth Amendment.

According to court documents, there were five aides in the classroom. The lawsuit alleges that the children were repeatedly abused by Galiatsos and Granite when the two aides were left in charge by Wilson. The allegations include shouting in the children’s faces, striking the children and then berating them when they cried.

Galiatsos and Granite are also accused of having sexually explicit conversations in front of the students, force-feeding them, calling them names such as “brats” and “babies” and not allowing them to go to the bathroom, according to court documents.

The schools administration conducted an investigation into the abuse, and determined the aides’ conduct to be physically and verbally abusive toward the children, according to the lawsuit. Both aides were fired in April 2004.

The original lawsuit named the Town of Darien, the BOE, former superintendent Mary Jo Kramer, former Hindley Principal Jerry Saunders, Wilson, Galiatsos and Granite as defendants. The Court has since granted summary judgment in favor of the Town of Darien, the BOE, Kramer and Saunders.

The decision to bring this case to court was made by Senior United States District Judge Warren W. Eginton on Thursday, Feb. 18.

Several calls were made to both Conway and Galiatsos’ attorneys, but were not returned as of press time. Granite’s attorney, Mark Perkins, declined to comment on the case.

April 2, 2012

Stamford, Connecticut—The Law Offices of Mark Sherman, LLC, a leading criminal and civil law firm in Connecticut, is addressing a growing need by providing internet scrubbing of prior arrests for its clients. In addition to their renowned criminal defense, workplace discrimination, and retaliation representation services, Attorney Sherman’s team will help its clients remove damaging prior arrest records from the internet, providing peace of mind and freedom from unwarranted attention.

“Many individuals have endured the criminal court process and paid their debt to society, only to find their criminal records still published on the internet for all the world to see,” remarked Attorney Sherman. Even after being cleared of wrongdoing, records often show up on online police blotters and news websites, making it difficult for individuals to enroll in post-secondary education, obtain housing and even gain employment.

The use of the internet to abuse information in this way is relatively new so there are no standards in place to prevent the way past criminal records are displayed on online media outlets. As a result, dismissed cases and prior arrests tend to pop up all over the internet even though the records have been officially expunged. “Imagine fighting a long battle in court to clear your good name and then having to start the battle all over again because information about your arrest is available to anyone simply by typing your name into a search engine.”

The Law Offices of Mark Sherman, LLC performs a valuable service to individuals whose old records have been strewn across the internet. “Our attorneys are very familiar with the unique struggles people deal with when they have a criminal record,” Sherman said. “It can be devastating if those records are not removed from the internet when their cases have been cleared, so we work hard to help clients erase their criminal records from the internet.” In addition to helping clients endure the court process and clear their criminal records, attorneys will dedicate a significant amount of time scrubbing the internet of any record of clients’ prior arrests.

The firm is dedicated to winning all of their cases, regardless of what the claims are. While some firms try to tell clients what they want to hear, Sherman’s team has an open and honest communication policy which ensures that clients will be able to make more informed decisions. Attorney Sherman and his associates have successfully defended cases involving DUI, drugs, assault, child pornography, forgery, larceny, and domestic violence for individuals in Connecticut and New York for many years.

Now, the firm will assist clients through one more crucial step: scrubbing the internet of prior arrests. A person may be cleared of all charges, but until those records are removed from the public eye, that person may still have difficulty securing employment, renting an apartment or enrolling in college.  “Once the court process is complete, our clients are more than ready to move on with their lives. However, that’s difficult to do if their records haven’t been removed from the internet. Whether we’ve provided your defense and this is the last step or you’re a brand new client looking to put the past behind you, we can help you restore your good name and move on with your life.” Sherman said.

About Mark Sherman

Mark Sherman has been a member in good standing of the State Bars of Connecticut, New York, and Florida since 1998. His firm focuses on criminal and civil litigation and assists clients throughout Connecticut and New York. Sherman has successfully handled hundreds of difficult cases, many of which have received high-profile media attention. For more information, visit the firm’s website.

Being accused of a crime can negatively affect your life in many ways. You may lose the trust of friends and family members. You may put your employment in jeopardy. You may be required to pay hefty fines, spend time behind bars, or face civil charges later on.  If you want to begin doing effective damage control, then hiring a good attorney is the first step.

A quality Stamford DUI / DWI lawyer will defend you to the best of his or her ability during all criminal and DMV proceedings.  Great attorneys meticulously prepare your defense, leaving no stone unturned. They dutifully examine all evidence against you, conduct a detailed review of statutes, and search tirelessly for Connecticut case law that supports your defense.  In addition, they will provide caring and compassionate counsel so you know exactly what to expect every step of the way.

DUI in Connecticut

In Connecticut, a police officer has the right to pull you over if your driving behavior suggest that you are under the influence of alcohol or a controlled substance.  If the officer suspects you are under the influence in those first few minutes you’re face to face with him or her, then expect to be asked to take a number of field sobriety tests.  In many cases, you’ll be arrested for DUI / DWI.

Once in police custody, you’ll be asked to take a breath, urine of blood test to determine how much alcohol is in your system.  You may consult an attorney before submitting to the test, but in some cases, refusing the test carries harsher penalties than those penalties that you’d receive if you submitted to the test.  If your blood alcohol content (BAC) is .08, or higher, then you are driving under the influence in Connecticut.

DUI / DWI carries criminal penalties and DMV sanctions in Connecticut and your Stamford criminal lawyer will represent you in both proceedings.  This includes applying for a conditional license and investigating your eligibility for Connecticut’s Alcohol Education Program (AEP).  Your Stamford DUI / DWI lawyer will determine if you’re eligible for the AEP and submit the proper documentation to the court to have you enrolled.  If approved, and you complete the program, then your case will be dismissed.

Connecticut DUI / DWI laws are strict and can be very complicated at times, but a Stamford DWI / DUI lawyer can help you work through the process from beginning to end.  The Law Offices of Mark Sherman, LLC will do everything in its power to win your case, or at least receive the most favorable outcome possible.  The key is not to delay in finding an attorney.  Our attorneys are dedicated to achieving results and we strive to maintain honest and open communication all the way through to the end.  If you have recently been arrested for DUI / DWI, or accused of another crime, contact us to learn more about how we’ll defend you and help you get through this troubling time.

It goes without saying that a criminal record can negatively affect every part of your life. Your relationship with family, friends, and co-workers may suffer, you may have difficulty finding a new job or being approved for new housing, and, depending on the type of crime, you may be required to pay fines or complete a certain amount of community service hours.

Therefore, it is critical that you act quickly when you are accused of a crime because this is the best way to minimize the damage that can results from having a criminal record. A good lawyer is essential to help you traverse the complicated waters of the courtroom and counsel you as needed.

A criminal lawyer like Mark Sherman, whether you’re in Greenwich or Norwalk, defends a variety of cases from DUIs and drug crimes to sex crimes and domestic violence.  We start off by gathering all the details and evidence for your particular case and further research previous trial rulings and any other information that may be relevant. We are trained to analyze every angle of a case and are practiced at adjusting to the changing tides in the courtroom.

Working Hard for You in Greenwich and Norwalk

Some criminal lawyers will focus on telling you what you want to hear whether it’s true or not, but Norwalk criminal lawyers, like the Mark Sherman Law team, are dedicated to providing honest assessments of your case so you can make more informed decisions. They will work hard to foster open communication, making themselves available to you whenever you need them. Being a criminal defense lawyer is not always a 9-5 job, so our attorneys will put in the extra time to prepare and execute your defense.

While some criminal defense lawyers do not address civil issues, Mark Sherman Law also provides civil defense services which can come in handy when civil action results from the criminal charges levied against you.  The moment you contact a Norwalk or Greenwich criminal lawyer, like Mark Sherman, about a crime you have been accused of, your lawyer will be on top of the case from start to finish. Not only that, but once the time comes, they can help you scrub the internet of old criminal records that are no longer on the books.

A lot of criminal charges deal with very sensitive issues, like professional attorneys in Greenwich and Norwalk CT know all too well.  The Team at Mark Sherman law respects you and will treat you with the utmost professionalism at all times. We know this is a difficult time and we empathize with what you’re going through.

Mark Sherman, LLC addresses the criminal law needs of clients in Connecticut and throughout the Tri-State Area. We deliver results, not empty promises. Our firm has helped thousands of clients endure the lengthy and, at times, painful, legal process. When you run into trouble, you need an experienced, understanding attorney who has your back and knows how to win. Contact us for more information and to arrange your confidential consultation.

Federal law prohibits any individual from intentionally accessing a computer without authorization and obtaining any information from said protected computer (codified in 18 U.S.C. § 1030(a)(2)(C)). What this means is that any protected information on a family computer—information specifically protected by a password to which an individual is not privy—cannot be accessed, read, copied or distributed without authorization from the password holder. Therefore, any documents—or any information whatsoever—in the snooping spouse’s possession, that was password protected, should not be turned over to divorce attorneys.

Attorney Mark Sherman and his staff are well-versed in this emerging area of Connecticut computer crime law and regularly consult with divorce attorneys and litigants on this issue. If you would like further information on this issue, please give Attorney Mark Sherman a call at (203) 358-4700.

NEW HAVEN, Conn. (AP) — A prosecutor is deciding whether to file criminal charges in the deaths of three girls and their grandparents on Christmas morning in an accidental blaze that authorities say was started after a contractor discarded a bag of fireplace ashes at the tony shoreline home.

The case has been followed closely in part because of the high profile of the girls’ mother, fashion advertising executive Madonna Badger, who escaped the fire along with her friend Michael Borcina, a contractor who had been renovating the $1.7 million Victorian home on Long Island Sound.

While investigators say the blaze was clearly accidental, it’s not uncommon for people, including family members, to be charged with crimes such as involuntary manslaughter for unintentionally starting deadly fires.

David Cohen, who has been Stamford’s top prosecutor for more than a decade, received a report from police investigators last week and has declined to comment on the case. He has worked on other high-profile cases, including a chimpanzee mauling in which he declined to pursue charges against the animal’s owner. Attorneys who have worked with him say he won’t be swayed by the emotion surrounding the case.

“His decision-making process is never a rush to judgment,” said Howard Ehring, a Stamford public defender. “I’ve heard him say many times we don’t want to prosecute an innocent person nor do we want to prosecute someone who is overcharged.”

Authorities have said they believe Borcina placed the ashes in or near an entryway, near the trash of the Stamford home.

The fire killed Badger’s 7-year-old twins, Grace and Sarah Badger, 9-year-old daughter, Lily, and Badger’s parents, Lomer and Pauline Johnson.

It is unusual for police to make arrests in connection with fires started by improperly discarded fireplace ashes, but there have been examples of relatives being held responsible for other fires.

In Columbus, Ohio, a 34-year-old woman was charged this month with involuntary manslaughter for a December apartment fire that killed her two young daughters. Police say the woman was drunk when she left food cooking on a stove that started the fire.

In Houston, 22-year-old Jessica Tata is charged with murder for a February 2011 fire at her home day care that killed four children and injured three others. Police say she left a stove burner on and left the children alone in the home while she went shopping. Tata has expressed remorse for the children’s deaths.

In December, a 54-year-old woman from Wasilla, Alaska, was indicted by a grand jury on a manslaughter charge for accidentally starting a fire that killed her 6-year-old grandson. Prosecutors say that the fire started in her bedroom, where she had been smoking, and that she had been drinking alcohol.

In Connecticut, police say they haven’t made a recommendation about possible criminal charges.

Legal experts say if Cohen decides to prosecute, potential charges could include reckless manslaughter or criminally negligent homicide. A manslaughter charge has a high standard in which authorities must show a person was aware of a substantial risk and disregarded it. For criminally negligent homicide, authorities must only prove that the person should have realized there was a danger, said William Dunlap, a Quinnipiac law professor.

Borcina could face heightened scrutiny because of his background as a contractor and his likely knowledge of the dangers of placing the embers near the house, said Stephan Seegar, a Stamford-based criminal defense attorney.

Borcina’s attorney, Gene Riccio, declined to comment.

Badger’s attorney, Stan Twardy, said, “I’m confident Mr. Cohen will exercise appropriate judgment in this matter.”

The investigation also looked at issues related to the renovation and whether smoke detectors were in the house.

There were plans for hard-wired smoke alarms, but they had not been hooked up, officials have said. It was unclear whether battery-operated akarns were being used.

The state building code requires smoke detectors in new home construction, according to Joseph V. Cassidy, acting state building inspector. It also requires that smoke detectors be added in older homes as part of most residential additions or interior alterations, he said.

Prosecutors met Wednesday with the girls’ father, Matthew Badger, a television commercial director who lives in New York, and Badger’s attorney.

Madonna Badger worked on Calvin Klein campaigns. Fashion designers Calvin Klein and Vera Wang, rocker Lou Reed and actor Philip Seymour Hoffman were among those who attended the girls’ funeral in New York.

A case may get a closer look when it’s followed by intense media attention, said Hugh Keefe, a prominent defense attorney in New Haven.

“When the media is on a case, it’s been my experience the state and federal government act a little more carefully,” Keefe said. “But I don’t think the ultimate decision is going to be any different.”

Defense attorneys who know Cohen say he carefully weighs evidence in cases.

Mark Sherman, a Stamford-based criminal defense attorney, said Cohen isn’t pressured by high-profile cases, noting that in 2009, Cohen decided not to prosecute the owner of a chimpanzee that mauled the owner’s friend.

“I think he did the right thing, even though the injuries were devastating,” Sherman said.

However, Cohen did charge a swimming pool company president with second-degree manslaughter in connection with the drowning of a 6-year-old boy because Cohen said the company failed to install a required safety device. David Lionetti last year pleaded guilty to criminally negligent homicide, a misdemeanor, and was spared prison time.