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Tuesday, November 2, 2010

The CT Supreme Court Gets It Right

The Connecticut Supreme Court got it right in overturning an Appellate Court opinion that held that applying for Accelerated Rehabilitation is the same thing as saying your guilty. Or at least it is the same thing in a labor and employment context. In other words, a public sector employer could regard an emoloyee's application for AR as an admission of guilty to criminal conduct and use that as a basis for disclipine, per the Appellate Court's decision.

The Supreme Court's decision reverses that logic. The point of AR, after all, is to give a first time defendant with little chance of offending again a chance to get a fresh start. This can't be so if you can lose your job merely be applying for it.

Great job by the lawyers involved, including my collegues at the Connecticut Criminal Defense Lawyers Association.