Governor Dannel Malloy signed two bills into law in the summer of 2017 that make important changes to CT’s criminal justice system. Both changes favor defendants and may improve the pretrial justice process in our state.
No Civil Forfeiture Without a Conviction
Civil forfeiture laws allow law enforcement authorities to seize private property from arrestees and criminal defendants that they believe were involved in a crime. Such property often includes cash, electronics, and houses.
In the past, that property could be retained even if the defendant was never convicted of the alleged offense. Gov. Malloy signed a bill making Connecticut the 14th state to require that a person must be convicted of a crime before his property can be retained. If a prosecutor is unable to obtain a guilty plea, a dismissal associated with pretrial diversion programs, or a guilty trial verdict, the defendant’s property must be returned,
While House Bill 7146 improves the civil forfeiture laws in our state, more work must be done. For example, law enforcement agencies can keep nearly 70 percent of the proceeds that result from forfeited property, which they can then spend without any required accounting or oversight. The new conviction requirement does reform the civil forfeiture provision.
Making Bail Affordable
Connecticut joined the bail reform trend when Gov. Malloy signed House Bill 7044 into law earlier this summer. Cook County, Illinois, and New Jersey also recently made important changes to bail laws, among others.
This bail reform focuses on preventing defendants from sitting in jail during the entire pretrial process for the sole reason that they cannot afford to pay their bail. The prior system allowed, judges to set cash bail for misdemeanor defendants without considering whether the defendants had the ability to pay. These defendants wouldn’t be entitled to a bail review hearing for 30 days which caused many incarcerated defendants to lose their jobs, admission into educational programs, or housing.
The new law sets out the following provisions:
- Judges can’t require money bail in misdemeanor cases unless the defendant is accused of family violence, of being a flight risk, of harming themselves or another person, or of obstructing justice.
- Judges can’t require that defendants pay a cash-only bond, which requires the full amount to be paid for release. Instead, defendants will have no bail set or will be released upon partial payment, which may be paid by a bail bondsman.
- Defendants accused of misdemeanors who can’t make bail will be entitled to a bail review hearing within 14 days of their arraignment. If the defendant isn’t deemed a danger to public safety or a flight risk, the financial requirements must be removed so the defendant may be released from jail.
Contact Our Connecticut Criminal Defense Attorneys for Help Today
The newly-passed Connecticut civil forfeiture and bail laws are important changes to the criminal justice system in our state. However, further changes are necessary before for the law and criminal procedures in Connecticut fully protect the constitutional rights of people accused of crimes. At Koffsky & Felsen, LLC, our highly experienced criminal defense team is committed to protecting your rights throughout the criminal process, and we stay apprised of new developments in the law that help your case. If you’ve been accused of an offense, please call 203-327-1500 for more information today.
