CRIMINAL MATTERS UP UNTIL TRIAL
Attorney DeRosa has handled many criminal matters in his career, and understands that many clients are unfamiliar with the criminal justice system. He has extensive experience appearing in both serious criminal cases involving crimes such as Arson, Robbery, Narcotics Possession, Larceny and white collar crimes. He is familiar with programs that provide alternative dispositions to avoid a criminal record. He is sensitive to protecting his client’s reputation for personal and professional reasons. Attorney DeRosa will take the time to review the nuances of your case to attain the best possible result.
CRIMINAL TRIAL and VIOLATION OF PROBATION HEARINGS
Attorney DeRosa has extensive experience trying cases to judges. Given his experience in both trial and appellate courts, he will guide a client in determining whether proceeding with a trial or reaching a negotiated settlement is in his or her best interest. If trial is what is desired or is necessary, he will work tirelessly to place before the Court the evidence and arguments that give the client the best chance for a favorable result.
DRIVING UNDER THE INFLUENCE
Attorney DeRosa is familiar with the law of driving under the influence, including obtaining a restoration of the privilege to drive after arrest through the DMV administrative process known as the per se hearing. The Connecticut Legislature changes and stiffened the penalties for driving under the influence almost every year. Attorney DeRosa works to stay current in this area of law to protect your rights and obtain the best disposition possible for you.
CRIMINAL APPEALS
A criminal appeal may take place after a trial, a violation of probation hearing, a denial of a motion to suppress evidence, or an unfavorable disposition of a dispositive motion.
Criminal appeals are a cornerstone of Attorney DeRosa’s practice from the beginning of his career. In his years of practice, he has briefed and argued over 25 criminal appeals, he has developed an expertise in Connecticut criminal jurisprudence and appellate procedure. For more information about the appellate process, click the Appellate Tab.
PETITIONS FOR WRIT OF HABEAS CORPUS AND HABEAS TRIALS
There are occasions when the criminal trial process and appellate process do not work quite the way they were intended. Sometimes, a law is modified and applied retroactively which may allow a client to reduce or vacate a previously imposed criminal sentence. A collateral attack on a conviction where a client tests the process by which he or she was convicted is called a writ of habeas corpus.
Attorney DeRosa has filed many habeas corpus petitions. These petitions or writs involve an analysis of the performance of trial or appellate counsel. The Court must first determine whether the lawyers have met the standards of a reasonably competent attorney in the criminal law. The Court then must determine whether, as a result of counsel’s poor performance, the client was prejudiced and the outcome of the trial would have been different. This claim is commonly referred to as ineffective assistance of counsel.
A habeas corpus petition may also include other claims such as actual innocence, deprivation of a constitutional right, and miscalculation of time and sentencing credit. The remedy for a successful habeas corpus petition is a new trial, a vacating of a conviction, or an adjustment of a sentence.
SENTENCE CORRECTION
There are some cases where a sentence imposed by a Court is not consistent with the law. Examples include: the sentence exceeds the relevant statutory maximum; the sentence violates a client’s right to be free from double jeopardy; or the sentence is ambigious or internally inconsistent. In these cases, a client can seek to correct the sentence.
Attorney DeRosa has handled both the trial and appeal of a sentence correction. He is knowledgable about the arguments in this area that are likely to suceed, or will recommend other options before applying for a sentence correction.
PARDONS
Have you made mistakes when you were young? Have you been sentenced and paid your debt to society? Have you turned your life around and are trying to get ahead, but your indiscretions of the past are holding you back? A pardon can give you a clean slate so that you can start your life over. It will allow you to answer that you have no prior criminal record when asked by a potential employer or when applying for a professional license.
Attorney DeRosa will evaluate your case, assist in preparing the application, prepare you for the hearing, and argue your case before the Board of Pardons and Parole.