Greenwich Second-Degree Harassment Sentencing

The general process of Greenwich second-degree harassment sentencing depends if the matter goes to trial. A lot of times if the matters do not go to trial, the prosecutor and judge and defense attorney come to an agreement prior to the plea so once the person pleads guilty they could be sentenced right away and not have to come back for it.

However, if the person goes to a trial and is found guilty, the sentencing would be a later date, so an established second-degree harassment lawyer has the time to prepare the sentencing argument. There would be a sentencing hearing at least a few weeks later where they could present additional evidence about the client’s background.

Determining Second-Degree Harassment Sentencing

Greenwich second-degree harassment sentencing is determined by how egregious the case is. The maximum sentence that someone could receive for harassment in the second-degree conviction is up to three months in jail, a period of probation, and a fine of up $500. If the court finds something about the case to be especially egregious, they would get something that is on the higher end of the spectrum. If it is not especially egregious to the court, there is a good chance that they would not do any jail. Depending on the facts, there could be any combination of those factors and punishments between the two ends of the spectrum.

Understanding the Impact on Penalties of a Criminal Record

In the event a person arrested with second-degree harassment has a criminal history, it might impact the case in some circumstances for sentencing. The court would consider the fact that the person has a past criminal history, especially if it is for harassment in the second degree, and not like the fact that the person has another case with the same charge. If the person has a criminal history for other things, there is a chance also that some of those may come up as evidence at a trial. If it is a crime of dishonesty and it is recent, the prosecutor might be able to question the defendant about any past conviction if the defendant chooses to take the stand at a trial. It is also something that the defense attorney should consider if the matter goes trial.

What is a Motion to Suppress Evidence?

A motion to suppress evidence in Stamford is a motion to exclude certain evidence that was potentially obtained in violation of the constitution. For example, if a police officer has a person in custody and questions them without first reading them their Miranda Rights, it could potentially be in violation of their constitutional rights.

An experienced defense might file a motion to suppress any statements the person made because they were not properly given their Miranda Rights. If the defense attorney files a motion to suppress, the court would hold a hearing to determine if the person’s constitutional rights were violated and if so, it might choose to suppress anything obtained in violation of their constitutional rights.

What is the Role of a Motion to Suppress?

A motion to suppress evidence might impact the Greenwich second-degree harassment sentencing. For example, if the person gave a statement but was not given their Miranda Rights, and that statement tended to incriminate them, and the motion to suppress the statement was granted, the fact finder, whether it is a jury or the judge, would not be able to consider that statement as proof in the case. It would be excluded from it and they would not be able to use it as evidence against the person. It would likely make the State of Connecticut’s case a lot weaker.

Eligibility to Appeal Second-Degree Harassment Sentences

When a person is convicted of second-degree harassment, they may be eligible for appeal after a trial. The appeal has to be filed in a certain time limit, which is quickly after the trial ends. They would need to speak with their attorney to get that done. It still could be filed if there are appealable issues.

An attorney could try to make sure to preserve any of those issues and make a record so that when they get a transcript of the trial it would be there and added on the record that there are appeal issues coming. Contact a lawyer to discuss how to handle possible Greenwich second-degree harassment sentencing in your case.