What Do You Do if You Are On Trial For a Crime in Connecticut?

Crime is wrongdoing against society, punishable by law. In Connecticut, there are two categories of offenses:

• Misdemeanors: These are offenses that are not indictable
• Felonies: refer to indictable crimes, usually more severe than misdemeanors.

In Connecticut, law enforcement officials may notify an alleged offender of their charges during their arrest or in a summons. They may also receive a notification of the charges during an arraignment. The Superior Courts of Connecticut handle almost all criminal cases within the state’s jurisdiction.

The arraignment process gives the defendant constitutional rights and the requirement to enter a plea. A guilty plea by the defendant punctuates the criminal justice process with a sentencing hearing. If the defendant pleads not guilty, the court schedules a pretrial conference.

What Percentage of Criminal Cases Go to Trial in Connecticut?

Although Connecticut law enforcement agencies do not publish specific figures, less than 10% of criminal cases usually go to trial. It is generally cheaper in terms of time and resources to have a plea bargain or a settlement without a state trial. A case progresses to trial often because the defendant enters a not-guilty plea or if the prosecutor or defendant rejects a plea bargain.

When Does a Criminal Defendant Have the Right to a Trial?

A concerted effort of the state and federal constitutions, statutes, and court rules govern the schedule of criminal trials in Connecticut. The 6th Amendment of the United States Constitution guarantees an accused person the right to a public trial and a speedy one. The state statutes for Superior Court rules require that the courts try defendants within 12 months of filing a not-guilty plea. If the defendant has been in custody all the while before trial, the trial should occur within eight months from arrest or filing of charges, which is earlier.

The court rules typically allow a presiding judge to schedule criminal cases based on priority. Priority cases include motions for a speedy trial, cases where the defendant is in custody without bond, or the judge decides that a defendant’s pretrial liberty may pose risks to fair judgment.

What Are The Stages of a Criminal Trial in Connecticut?

The following are the steps involved in a criminal trial in Connecticut:

• The selection of the jury by the prosecuting and defense counsel
• Opening statements by the prosecuting attorney and defense counsel
• Presentation of evidence
• Invitation of witnesses to testify
• Cross-examination of witnesses
• Closing arguments

How Long Does It Take For a Case to Go to Trial in Connecticut?

According to the state’s laws, it takes a maximum of 12 months from filing charges or arrest to get a case tried, whichever is earlier. Persons in incarceration throughout the pretrial phase generally have the advantage of a shorter waiting time of 8 months. If there is no reason for the court not to set a trial date within 13 months of filing charges or arrests, the court dismisses such cases.

What Happens When a Court Case Goes to Trial in Connecticut?

The Criminal Justice Process in Connecticut comprises a pretrial, major trial, and post-trial phases. The pretrial process entails everything that prepares both parties for a criminal trial or decides against going to trial. A not-guilty plea usually precedes the trial preparation. Both parties use the pretrial phase to come up with evidence in favor of their case. A decision against going to trial can be because:

• The defendant entered a guilty plea bargain
• The prosecutor files a motion to dismiss the charges

Many cases get closure at this point and never proceed to a trial

Criminal trials may be a bench trial or a jury trial. The court often elects bench trials for misdemeanors. Jury trials are, however, compulsory features of felony offenses.

Post-trial activities represent all that transpires after the court holds the trial. These activities include sentencing hearings, court sentences, appeals, and filings for review.

Can You Be Put on Trial Twice for the Same Crime in Connecticut?

No. The Fifth Amendment of the United States Constitution, known as the double jeopardy clause, does not allow a repeat trial for the same crime. The clause does not include cases where an appellate court orders a retrial to review the case.  Also, if a trial is hung, there could be a retrial. A Hung Jury occurs when the jury cannot reach a verdict. Note that some crimes may warrant concurrent trials at the state and federal levels.

How Do I Lookup a Criminal Court Case in Connecticut?

A criminal case in Connecticut is closed or pending at any point in time. Interested members of the public may visit the superior court of the current jurisdiction on the case to request information using either the defendant's name or the case ID number. While most criminal cases are open to the public in the state, the law protects certain case information from public disclosure by shielding it ab initio or moving a motion to withdraw the case from public access Case information inaccessible to the public ab initio includes identifying information of the victims involved, eyewitness names and contact addresses, juvenile criminal cases, especially misdemeanors and some drug offenses, and traffic violations. The court can move to seal off a criminal case that may have otherwise been public information. The court bases its motion on discretion or upon request by an involved party. The general rule for discretionary sealing of documents is that if the benefits of privacy outweigh those of public knowledge, especially regarding a fair trial outcome or the safety of the persons involved.

How to Access Electronic Court Records in Connecticut

The state of Connecticut Judicial Branch maintains an electronic database of convictions and case information in a way that is available to the members of the public. To access this information, an individual should have a compatible device and an internet connection. The database is updated regularly as the case progresses. Users cannot access confidential information or sealed records on this database. Inquirers may direct their requests to the superior court of the current jurisdiction, along with a court order granting access. All criminal cases under ten are available on the state judiciary website.

Public Connecticut criminal records may also be accessible through third-party websites. These sites may offer the convenience of a statewide database where individuals can perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed. 

How Do I Remove Public Court Records in Connecticut?

The decision to seal or erase a public record in Connecticut belongs to the court with current jurisdiction. While sealing a public record hides the information, it is still available to any eligible requester or person with a court order. According to the state constitution, the erasure of public records is a deletion of all information that pertains to the case. It is as though the involved individual never faced the charge or conviction. Erasure may come easily if:

• The charges never led to a conviction
• An appeal to higher courts overturned the conviction
• The state issues a pardon to the involved party

Involved persons may file for the erasure of a criminal record. This typically begins by filing with the superior court, which currently has jurisdiction over the Appellate Court Division. However, the decision to erase a record remains the court's prerogative.