How Do I Get a Greenwich Connecticut Risk of Injury Arrest Dismissed?

  • Arrests in Greenwich Connecticut for CGS 53-21 can happen when you fight / argue with your husband, wife or significant other in front of your kids.
  • Risk of Injury arrests in Greenwich happen even when kids are sleeping upstairs.
  • A Greenwich Connecticut arrest for Risk of Injury is a felony.
  • Risk of Injury arrests in Greenwich also trigger invasive Greenwich Department of Children & Families (DCF) investigations.

  • Get your Greenwich Risk of Injury arrest off the internet and off Google searches.
  • Call a top Greenwich Connecticut criminal lawyer to fight your CGS 53-21 Risk of Injury arrest.



CT Risk of Injury Arrests and DCF Investigations are Two-Headed Monsters

  • Risk of Injury arrests in Connecticut trigger an automatic DCF Investigation.

  • Stamford, Darien, and Greenwich Police can add felony Risk of Injury to a Minor charges – even if no minors are actually at risk.
  • If you are arrested for Risk of Injury to a Minor in Connecticut, you will have to fight your court case at the same time as you fight your separate DCF investigation.
  • Talk to any of the best Connecticut Risk of Injury / DCF lawyers who understand how to fight your criminal court case, while working to get DCF out of your life as quickly as possible.

What is the Definition of Risk of Injury to a Minor / CGS 53-21 in CT?

Greenwich and Stamford police can add a Risk of Injury to a Minor charge if there’s behavior that could potentially place a minor under sixteen years old in physical, emotional, or psychological danger. Unfortunately, this leaves a ton of discretion for officers to tack on a hefty felony charge – even if no children were in harm’s way.

Any top Stamford and Norwalk criminal lawyers see Risk of Injury / 53-21 often added on to domestic violence / disorderly conduct charges. So, if two parents are arguing and using profanity in front of kids – with or without physical violence – they can be arrested for Disorderly Conduct, and the police will often add on felony Risk of Injury. Many of the best Connecticut criminal defense attorneys lawyers also see felony Risk of Injury added on when people are arrested for shoplifting / Larceny 6 and have their child in the cart – even if the child is too young to know what’s going on!

Is Risk of Injury a Felony Charge in Connecticut?

Yes. A Connecticut Risk of Injury charge is a class C Felony, which puts you at risk of substantial jail time and probation if you are convicted. What’s worse is that the Risk of Injury to a Minor / 53-21 charge is almost always more serious than the underlying charge!

The bad news is that many prosecutors in Stamford, Norwalk, Bridgeport, and Danbury Courts take felony Risk of Injury charges seriously, regardless of whether your child was actually at risk. The good news is that top CT Risk of Injury / 53-21 lawyers can fight your arrest and – if it’s your first arrest – can file a motion to suspend prosecution and get your case closed as soon as possible.

How does a Connecticut DCF Investigation Start?

What the police officers don’t always mention is that after they arrest someone for Risk of Injury to a Minor / 53-21, they have no choice but to make a report to the Connecticut Department of Children and Families, or DCF.

Once DCF gets the referral, an investigation will automatically be opened, no matter what the allegation. Then, a DCF worker will contact you within a couple of business days or – if the allegations are especially serious – within a few hours.

Why is Connecticut DCF at my Front Door?

In most cases, DCF will simply show up at your door, with no phone call to warn you. The worker will want to talk to you and each family member, and inspect your home. For more information about the DCF Investigation Process, click here.

Having DCF involved in your life is a huge burden and, while DCF may be well intentioned, investigations often cause more stress and come with a negative social stigma, especially in close-knit Fairfield County communities. Luckily, an experienced DCF Investigation lawyer / firm can guide you through the DCF process and work to get their case closed as soon as possible.

How Do I Handle Both my Connecticut DCF Investigation and My Risk of Injury Court Case?

If handling a Connecticut DCF Investigation and a Risk of Injury to a Minor criminal court case at the same time sounds daunting, that’s because it is. Besides juggling hearing dates and appointments to get your court case resolved, you and all of your family members will have to meet with DCF workers and provide them with information in order to get that case closed.

In order to get you through both cases, your Connecticut Risk of Injury lawyer / DCF attorney must be well-versed in both processes and thoroughly understand how to protect all of your rights.

Get in Touch with a Connecticut Risk of Injury / DCF Defense Attorney Today

If you’re facing a Risk of Injury to a Minor / 53-21 arrest in Connecticut, which will soon be followed by a CT Department of Children and Families Investigation, do not go in alone. Contact one of the DCF / Risk of Injury lawyers at Mark Sherman Law today. The felony Risk of Injury Charge, coupled with the threat of DCF remaining in your life for an extended period of time, require the experience of attorneys who know how to efficiently and effectively handle both cases. To check out hundreds of reviews from former clients who’ve been through situations just like yours, click here. We are available at (203) 358-4700, any time, any day of the week.


Here’s What to Do If You’re Arrested in Stamford or Norwalk Connecticut for Failure to Appear in Court

  • Charges for Failure to Appear in Stamford or Norwalk Court can be misdemeanors or felonies.
  • Even Failing to Appear in Court for a speeding, cell phone or marijuana infraction ticket is a misdemeanor punishable by up to 1 year in jail.
  • FTA / Failure to Appear charges must result from your willful failure to appear to court.

  • Medical emergencies, being incarcerated, and not being properly notified of your court date are valid defenses.
  • Before you get booked, fingerprinted and photographed for an FTA / Failure to Appear arrest in Stamford or Norwalk, your top Connecticut FTA criminal lawyer can possibly reverse and vacate your arrest warrant.

Do I Need to Hire a Lawyer for a Connecticut FTA Failure to Appear Warrant?

Yes, especially if you want to try and get the arrest warrant reversed or “vacated.” As any of the best Stamford criminal defense lawyers can explain, you and your lawyer can actually go back to court during the criminal short calendar docket and ask the judge to undo, reverse or vacate the arrest warrant for Failure to Appear Second under CGS 53a-173. It’s an uphill battle, but the Superior Court judges in Stamford and Norwalk Connecticut are fair-minded and always willing to listen to your lawyer’s legal and factual arguments.

You can follow this link to learn more defense strategies for fighting Connecticut FTA arrests.

Do I Need to Burn the Accelerated Rehabilitation Program for an FTA in Connecticut?

Not necessarily. Your top Connecticut FTA criminal attorney lawyer may be able to persuade the state’s attorney (also called the prosecutor) to resolve your case without having to burn your AR / Accelerated Rehabilitation Program. This means you will not have to waste your one-time get-out-of-trouble first time offenders program on a CGS 53a-173 Connecticut Failure to Appear charge.

Community service, charitable contributions to the Victim’s Assistance fund, a clear criminal record, and even an impressive resume may be enough to resolve your case without AR, especially if your Connecticut failure to appear charges were not flagrantly willful.

How Do I Know if There’s an FTA Arrest Warrant for Me in Connecticut?

You can check online by visiting the FTA section of the Connecticut judicial website. You can type in your name into the website to see whether Stamford, Greenwich or Norwalk Police put your warrant in the statewide system. They don’t always do this.

You can also call a top Greenwich or Stamford Connecticut criminal defense attorney who can call the clerk’s office or local police department to find out if the judge issued a bench warrant for your arrest for Failure to Appear Second Degree CGS 53a-173. Your lawyer will also be able to tell you how much the new bond / bail amount will be for your failure to appear in Stamford or Norwalk Court.

Contact a Connecticut FTA / Failure to Appear Defense Attorney Today

The team of criminal defense attorneys lawyers at the Mark Sherman Law Firm will aggressively defend your Connecticut FTA / Failure to Appear First and Second Degree charges. If possible, we will get the FTA bench warrant vacated in Stamford or Norwalk Superior Court. If not possible, we will work aggressively to attempt to get the FTA charges dismissed.

You can click here to read 5-star reviews from hundreds of our former clients who have described their experiences with our law firm on the certified website. Then contact us today at (203) 358-4700. We’re available 24/7 to take your call


What Happens If I Get Charged with Conspiracy in Connecticut?

  • Conspiracy charges in Connecticut come hand-in-hand with other misdemeanor or felony charges, like Burglary, Possession with Intent to Sell, Assault, or Robbery.
  • To be guilty of conspiracy, you or a co-conspirator must commit a specific, overt act in furtherance of the conspiracy.
  • You must enter into an agreement with 1 or more other people to commit a crime for the conspiracy charges to stick.

  • Connecticut police will lean on you hard and use intimidating interrogation tactics to get you to roll over on the other co-conspirators. You should know that police are legally allowed to lie to you during these interrogations.
  • Connecticut federal conspiracy charges are extremely serious and can carry mandatory jail time under the United States sentencing guidelines, so contact any of the best Connecticut Conspiracy lawyers before you go to court or speak with the police or FBI.

What Does Being Charged with Conspiracy in Connecticut Mean?

Every Connecticut conspiracy arrest under CGS 53a-48 requires police and prosecutors to prove that: (1) you agreed with one or more persons to commit a crime, (2) you acted with the intent to commit that specific crime (not a joke or hypothetical), and (3) you or at least one of these persons committed an “overt act” in furtherance of this criminal conspiracy.

Even the slightest act or gesture can get you arrested in Connecticut for Conspiracy under CGS 53a-48. Simply handing a bank robber a blank sheet of notebook paper that will be used in a bank robbery, or providing a telephone number to a drug dealer can get you arrested. To understand some of the most aggressive defense strategies for fighting Connecticut conspiracy charges, click this link.

How Do I Fight My Connecticut Conspiracy Arrest Charges?

As many of the top Stamford and Greenwich Connecticut conspiracy lawyers can explain, one of the most effective strategies for fighting Connecticut conspiracy charges is to (1) challenge the prosecutor’s argument that you had the intent to commit the underlying crime, (2) that you never agreed to commit a crime, or (3) as soon as you realized there was a criminal conspiracy, you renunciated / renounced your involvement (renunciation is a completed defense to conspiracy).

Many times, people are unwittingly roped into conspiracies without knowing what they are doing or why they are doing it. Unintentionally participating in a conspiracy is also a complete defense to Connecticut conspiracy charges and this defense can be investigated and argued by your top Connecticut conspiracy criminal law firm at court.

What if I’m Arrested in Connecticut Federal Court for Conspiracy?

An arrest by the FBI in Connecticut for conspiracy can be much more serious than state court arrests for Conspiracy charges under CGS 53a-48. The FBI—rather than a Connecticut police agency—makes the arrest for Conspiracy, and you are brought to federal court in Bridgeport, New Haven or Hartford Connecticut.

The biggest challenge with federal conspiracy arrests is that there are mandatory federal sentencing guidelines that most federal judges will use to guide them during the sentencing phases of conspiracy cases, especially in conspiracy to commit mail fraud arrests. Additionally, federal prosecutors (called US Attorneys) frequently encourage defendants to cooperate in their prosecutions and offer “5k” cooperation letters in Connecticut federal conspiracy cases. With so many moving parts in a federal conspiracy indictment / arrest, it’s a good idea to consult with any of the best federal criminal defense lawyers.

Call a Connecticut Conspiracy Criminal Defense Attorney Lawyer Today

The Connecticut Criminal Conspiracy lawyers at Mark Sherman Law regularly defend clients charged with CGS 53a-48 Conspiracy. Whether the underlying charges to the conspiracy are for drug possession, felony murder, burglary or assault, all it takes is an accusation of a single act for you to be roped into a serious felony conspiracy case.

You can click here to read 5-star reviews from hundreds of our former clients on the certified website. Then give the firm a call today at (203) 358-4700.


What is Operating a Drug Factory in Connecticut?

  • With the relaxation of marijuana laws across the country, more people are using electronic scales to roll and package marijuana for personal use.
  • The problem is that when you possess more than a ½ ounce of marijuana, along with scales and plastic baggies in your home or dorm room, you risk getting arrested in Connecticut for Operating a Drug Factory under CGS 21a-277(c).
  • An arrest for Operating a Drug Factory exposes you to 7 years of jail, and almost guaranteed expulsion from UConn, Yale, Quinnipiac, or any other Connecticut college or university.
  • As any top Connecticut drug crimes lawyer knows, the key to defending Connecticut Drug Factory arrests is drug treatment and proving that you are not a career drug dealer.

What Exactly is a “Drug Factory” under Connecticut Drug Laws?

When you think of a factory, you think of a dimly lit, sketchy warehouse, protected by armed guards and attack dogs. That’s hardly the case under Connecticut drug factory laws.

As the best Connecticut criminal lawyers and attorneys know, a “drug factory” can be any “place”—meaning any apartment, dorm room, house, garage, car, treehouse, or ministorage facility–where drugs are packaged, processed, or assembled. This means anywhere you or your child are found packaging marijuana, Xanax, oxy, or any other illegal drug. All it takes is a single digital scale and some baggies for an arrest.

Connecticut Police Frequently Add Operating Drug Factory Charges to Force a Plea Deal

Stamford, Danbury and UConn police and prosecutors will often—and gratuitously—pile on Operating a Drug Factory charges per CGS 21a-277(c), even when there is not a lot of marijuana or contraband present, and even if the circumstances suggest it’s just a case of simple possession of marijuana.

One reason this is done is for leverage in the court case. If you are facing seriously felony charges in Connecticut like Operating a Drug Factory (which carry a 7 year jail sentence), then you are more likely to plead out to a less serious charge. Prosecutors typically want convictions (=guilty pleas) in these kind of case. It’s a heavy-handed litigation tactic that some of the best Connecticut drug crimes criminal lawyers are skilled at handling and defending.

How Do I Fight Connecticut Operating a Drug Factory Charges?

When a Stamford, Danbury or Rockville prosecutor or judge see drug factory charges, they immediately think “drug dealer.” That’s why one of the most effective defense strategies in fighting Connecticut Drug Factory charges is to have your attorney present evidence to the judge and prosecutor that proves you are NOT a drug dealer. Be sure to provide your top Connecticut drug factory lawyer with your entire professional work history. Show them your tax returns. Show them any evidence that you are employed and not spending the day dealing drugs. Also do drug treatment with a drug addiction counselor who the court respects. This arms your defense lawyer with compelling data and arguments that can help you get your Connecticut Operating a Drug Factory charges dismissed or reduced.

Call a Connecticut Criminal Defense Attorney

So if you’ve been arrested in Connecticut for Operating a Drug Factory, contact one of the drug crimes lawyers at Mark Sherman Law today.


Interfering With 911 Call

You may not realize it, but when you interfere with a 911 emergency call in Connecticut, or when you disrupt any emergency phone call to a police or fire department in Connecticut, you can get arrested in Darien, Stamford or Greenwich for the crime of Interfering with a 911 Emergency Call under CGS 53a-183b. It is a misdemeanor crime that is taken very seriously in Connecticut, especially during domestic violence arrests where the telephone is the only lifeline to safety for a husband or wife who is being abused. Connecticut police and prosecutors will arrest and aggressively prosecute individuals who interfere with 911 calls. Every second counts during an emergency and as a result, any disruption of an emergency call can result in severe fines and criminal penalties. In light of the fact that people are arrested for 53a-183b Interfering with a 911 Emergency Call so frequently in domestic violence cases, there are often additional misdemeanor and felony charges that can piggyback a Stamford Connecticut Interfering with a 911 Emergency Call arrest. Therefore, if you have been arrested for Interfering with a 911 Emergency Call under CGS 53a-183b in Stamford, Greenwich, Darien, Wilton or New Canaan, it is important to contact a top Stamford Connecticut criminal lawyer attorney to understand your rights, and try to get the Interfering with a 911 Emergency Call—and any other Connecticut domestic violence arrest charges for that matter—dismissed as quickly as possible.

The Definition of Interfering with an Emergency Call under CGS 53a-183b

To understand how someone is arrested in Connecticut with Interfering with a 911 Emergency Call, the best Stamford Connecticut criminal lawyers will inevitably point you to Connecticut General Statutes § 53a-183b. Under this criminal law, you can be arrested for Interfering with an Emergency Call if you intentionally hinder or prevent an individual from making or completing a call to the police or 911 dispatch who is requesting police protection or reporting the commission of a crime. That’s the technical definition of this crime, and as we explain below, it can be enforced and applied in many different scenarios. Typically, you can be arrested for Interfering with an Emergency Call when you either physically or verbally prevent or hinder someone else from making an emergency call. Physical interference ranges from breaking an someone’s cell phone, ripping a phone from the hands of a 911 caller, hanging up the phone mid-call, or abruptly disconnecting any kind of 911 call. On the other hand, verbal hindering ranges from taking over a 911 emergency phone call and telling the emergency services operator there is no problem (when there really is), or to verbally threaten an individual to either hang up the phone or not make the phone call in the first place.

Penalties for Interfering with an Emergency Call under CGS 53a-183b

An arrest in Connecticut for Interfering with a 911 Emergency Call is a Class A misdemeanor. This crime is punishable by up to one year in jail, probation, and a maximum $2,000 in fines. You will also be required to pay court fees and expenses associated with your case.

Interfering with 911 Calls in Connecticut Domestic Violence Cases

As mentioned above, top Greenwich Connecticut criminal lawyers and attorneys often see a 53a-183b Interference with 911 Emergency Call arrest go hand-in-hand with other domestic violence charges. A domestic violence arrest in Connecticut requires a court appearance on the next business morning, where you are required to appear before a Superior Court criminal judge for a protective / restraining order hearing. When a criminal judge hears that you have been accused of interfering with or hindering a 911 emergency call in addition to a domestic violence arrest for Disorderly Conduct, Assault, or Strangulation, a judge may be very concerned that the alleged victim in your case is not safe to reside in the same home as you. At this Connecticut domestic violence arraignment hearing, the judge can issue 3 kinds of restraining orders: (1) a “full no contact” order preventing you from returning home and having any kind of contact whatsoever with the complainant, (2) a “full residential stay-away” order, allowing contact but forbidding you from entering the residence of the protected person, or (3) a “partial” or “limited” domestic violence protective restraining order, allowing you contact and residential visiting privileges, but forbidding you from threatening, harassing or assaulting the protected person. This restraining order can last anywhere from weeks to months, making it all the more advisable to have a top Stamford Connecticut domestic violence lawyer advocating for you at the protective / restraining order hearing. Once the parameters of a restraining order are ordered by the Court, your case will be transferred to the domestic violence court docket where you and your Stamford domestic violence criminal lawyer can fight your Interference with a 911 Emergency call arrest and any other additional domestic violence criminal charges.

Fighting Your Interference with Emergency Call Charges

Most Connecticut Interfering with Emergency Call 53a-183b arrests arise during the commission of crime or a domestic violence incident. In today’s fast-pace technological world, all emergency calls are digitally recorded. Therefore, if you are innocent of your Interference charges and you believe the 911 call itself will help prove your innocence, then the best Darien, New Canaan and Stamford criminal lawyers will know how to immediately file motions with the court to preserve and review the digital 911 recordings and other electronic evidence. It is critical these preservation motions are filed quickly, as this digital evidence is not preserved forever. Unless the police preserve and excerpt these recordings themselves, these recordings are only available for about 30 to 60 days until they are destroyed. Don’t let crucial evidence like this disappear. Another approach in fighting your Stamford Interference with a 911 Call arrest is hiring an investigator to take witness statements from anyone who was present during the alleged crime. Many times a complainant will feel guilty about calling and actually hang up on 911. But understand the police will show up at your home anyway, even if there’s a hangup call. Then the so-called victim will blame their spouse or significant other when the police finally arrive. One of the only ways to set the record straight is to provide police and prosecutors with a signed sworn statement which can vindicate you and possibly convince the State of Connecticut to drop its Interference with 911 Emergency Call arrest against you. To learn more about how to fight your CGS 53a-183b arrest, contact a top Stamford criminal lawyer to discuss you defense strategy options.

If I’m Arrested for Interfering with a 911 Emergency Call, Am I Eligible for the Accelerated Rehabilitation First Time Offender Program?

Generally, yes. First time offenders who commit misdemeanors and low-level felonies are typically eligible to apply for the Accelerated Rehabilitation First Time Offenders Program. The “AR Program” gives first time offenders the opportunity have a “second chance.” And even though a 53a-183b Interference with 911 Emergency Call arrest is often charged in a domestic violence case, it does not qualify to be dismissed under the Family Violence Education Program (“FVEP”) diversionary program. That’s why the AR Program is the most appropriate diversionary program for this charge.

Getting the AR Program for your 53a-183b Interference with an Emergency Call is divided into a two-step hearing process: first, comes eligibility, followed by a hearing on the merits of your

application. With respect to eligibility, as along as you did not use the AR Program in the past 10 years, and so long as the AR was not used for a felony arrest, you will generally be eligible to apply. It is the AR Program hearing that is the most important. At the hearing on your AR Program application, the victim of your arrest—as well as the police department—will have a chance to object to your application. Criminal court judges in Norwalk, Stamford, Bridgeport and Danbury granting your AR application will decide whether to allow you to participate in this diversionary program, which if completed, will result in your Stamford or Greenwich 53a-183b Interference with 911 Emergency Call arrest being dismissed by the Connecticut Superior Court. It is therefore crucial that you and your top Stamford Connecticut criminal attorney assemble the strongest application possible so the arrest record can be completely erased from your record and background checks. So be sure to contact a top Stamford criminal attorney to discuss the best strategy for applying for the Accelerated Rehabilitation First Time Offenders Program for your Connecticut Interference with an Emergency Call arrest.

Contact an Interference with 911 Emergency Call Lawyer at Mark Sherman Law Today

As you can see, a domestic violence arrest in Stamford, Greenwich, Darien, Wilton, Weston, New Canaan or Westport can involve many moving parts. If not handled properly, then the consequences to your professional or personal life can be long-term and life-changing. And when your arrest involves accusations of Interfering with a 911 Emergency Call or a call to the police department, then you can be arrested in Darien, Westport, Greenwich, Stamford or New Canaan for the specific crime of 53a-183b Interference with a 911 Emergency Call. These arrests usually come hand in hand with other Connecticut domestic violence arrests for Disorderly Conduct, Violation of a Protective Order, Strangulation, and Assault in the Third Degree. So if you find yourself arrested in Stamford or Greenwich for Interfering with a 911 Emergency call, then contact one of the Connecticut domestic violence criminal lawyers at Mark Sherman Law today. Our priority is getting you the best result possible under your individual circumstances. We will sit with you and develop the most cost-effective defense strategy with you, and will execute this strategy with the goal of getting your Connecticut Interference with Emergency Call charges dismissed or reduced as quickly as possible. Our “two-attorney” guarantee ensures that your case will get a thorough and comprehensive review from at least two of our criminal lawyers. So contact a Greenwich or Stamford criminal attorney today. The attorneys at Mark Sherman Law are available 24/7 to speak with you. Call us today at (203) 358-4700.


It is not Illegal to Break into a Hot Car to Save a Child in Connecticut

In Connecticut, it is a crime to leave a child younger than the age of 12 in a car for an extended period of time. This is true even when the child has not been harmed as a result. There are two charges that can result: Leaving a Child Unsupervised in a Motor Vehicle under CGS 53-21a, or Risk of Injury to a Minor under CGS 53-21. It is a crime that could result in the parent or caregiver spending at least one year in jail when it occurs during the day and a felony when it occurs between the ages of 8 pm and 6 am. When it occurs during these nighttime hours, individuals may face up to ten years in prison.

Good Samaritan Laws

State Representative Christie Carpino understands that these punishments do nothing for a child that may be suffering in a car. For that reason she introduced a bill that would protect good Samaritans from breaking into a car to help a child, but only if they believe the child is imminent danger. The law would also apply to situations in which children were left in extremely cold cars.

Good Samaritans must satisfy a few conditions before breaking into a car to save a child. They must first contact the local authorities, including the police who will also contact the local fire department. The individual must also stay with the child until those authorities arrive.

Importance of Child Supervision

Children should not be left in a car for long periods of time for any reason, even when it does not seem unreasonably hot out. The temperature of the interior of a car can quickly rise to as much as 34 degrees above the outside temperature in as little as half an hour.

When the temperature outside is in the high 70s or low 80s, as it often is in Connecticut summers, that means the temperature inside a car can reach as high as 110; and the body starts shutting down at 104 degrees.

In Connecticut, cases of children left in hot cars are rare, but they have been known to have some of the most tragic outcomes. Residents of Connecticut must realize, however, that while the Good Samaritan law will protect them from breaking into a hot car to save a child, the law does not extend to dogs or other pets that have been left in hot cars.

What to do Following the Break In

Those who break into a hot car must also leave a note on the windshield for the owner of the car detailing their name, contact information, why they entered the vehicle and the location of the child. They must also include the fact that the local authorities have been called. Good Samaritans are required to use only as much force is necessary, in an attempt to cause as little damage possible.


Can Trump Invoke Executive Privilege in Mueller Probe?

  • Trump’s executive privilege allows him to decline an interview with Robert Mueller’s FBI Russian collusion investigation.
    Executive privilege is the power of the President of the United States to withhold information from Congress, the courts, and the public.
  • Trump can even invoke his executive privilege if he is subpoenaed to testify before a grand jury, likely sparking an intense court battle over whether a president can be compelled to answer questions under oath.
  • Even if Trump exerts his executive privilege avoid a Mueller interview or grand jury subpoena, he can still be indicted or arrested.

Will Trump Invoke the Executive Privilege with Robert Mueller?

It’s probable. As the Mueller probe continues to intensify, recent reports suggest that President Trump’s attorneys are advising him to not agree to an interview with Special Counsel Robert Mueller. Trump would be able to do this by invoking a rarely used constitutional defense–the executive privilege.

What is the Executive Privilege?

The Executive privilege is the power of the President of the United States to refuse compliance with subpoenas or other inquiries by legislative and judicial branches of government in pursuit of information or people relating to the President. In other words, executive privilege is the constitutional protection that gives the President and other high level officers of the President the power to withhold information from Congress, the courts, and the public.

Will Trump Ever Have to Testify Before a Grand Jury?

It’s possible. If Trump refuses to sit for an interview with Mueller, then he may be subpoenaed before a grand jury. As any of the best Connecticut federal criminal lawyers and attorneys can explain, a federal grand jury reviews evidence submitted to them by United States attorneys to determine whether probable cause exists to arrest (or “indict”) someone.

Has a President Ever Invoked Executive Privilege?

Yes. If Trump is subpoenaed to testify before a grand jury, then he can still exert his executive privilege, setting the stage for an intense court fight that could end up in front of the Supreme Court. This issue has come before the Supreme Court before, most notably when President Richard Nixon when he refused to turn over tapes containing incriminating statements to the special prosecutor investigating him. There, the Supreme Court ruled that the executive privilege is not an absolute one. The Court held that in a criminal investigation where evidence is necessary for the pursuit of justice, it must be turned over – thus, ruling against the executive privilege and ordering President Nixon to turn over the tapes.

The takeaway from the Nixon case: if President refuses to sit for an interview with Mueller and refuses to comply with a subpoena, I predict a long court battle similar to Nixon’s case will ensue, regarding whether Trump must answer questions under oath.

Executive Privilege Will Not Protect President Trump from Indictment

Even if Trump refuses to sit for an interview by exerting his executive privilege and is permitted to do so, he is not protected from indictment (which is the federal version of an arrest). Mueller can still convene a grand jury, and work with the grand jury to decide whether or not enough evidence exists to hand down a formal indictment. This means that regardless of whether Trump sits for an interview with Mueller, or even testifies before a grand jury, he can still be indicted through a grand jury if legally sufficient evidence of Russian collusion is gathered against him.

So stay tuned…

The Mark Sherman Law Federal Crimes & Grand Jury Subpoena Practice

If you or a family member is facing federal charges in Connecticut federal court, or has received a subpoena to testify before a Connecticut federal grand jury, then contact an attorney at Mark Sherman Law today. The grand jury process can be intimidating and daunting. While your rights to an attorney are sometimes limited during the Connecticut federal grand jury process, it is critical to understand all of your legal rights before going in front of the grand jury. The team of lawyers at Mark Sherman Law are extremely well versed in this area of law (click here to see former federal client reviews) and are ready to take your call 24/7 at 203-358-4700.