When Criminal Charges Go Up in Smoke
A key consideration in any criminal case is whether the law your client accused of breaking is actually criminal.
On Tuesday morning the Superior Court dismissed my client’s case. He owned a hookah bar which was raided by the police for the alleged illegal sale of alcohol. The establishment did not have a liquor license. The client and some employees were charged with violating Conn. Gen. Stat. Sec. 30-74(b), Unauthorized Sale, of the Liquor Control Act. That statute doesn’t contain a penalty provision, but instead cross references to Sec. 30-113. In another direction in the statutory road map, it references to Sec. 30-55. Before going there, look at the history note below 30-113: “P.A. 21-37 replaced provision re fine of not more than $1,000 and imprisonment of not more than 1 year or both with reference to any penalty in Sec. 30-55, effective July 1, 2021.”
Previously, the penalty included jail time, which made the offense criminal in nature, a misdemeanor to be specific. Offenses that carry only fines, such as speeding, are infractions or violations. They are often still prosecuted in criminal court but do not carry criminal consequences and also do not have a right to a jury trial.
The new penalty, listed in 30-55, is fines and/or license sanctions by the Department of Consumer Protection (the state agency that issues liquor licenses). It also provides for an administrative process. The original charge is no longer criminal but administrative. I filed a motion to dismiss, which pointed out the legislative change, and asserted that the court did not have subject-matter jurisdiction. The State’s Attorney reviewed the law and agreed that the offense was not criminal, then entered a nolle. I moved to dismiss and, without objection, the Court granted the dismissal.