After being arrested and released on bail or a promise to appear, the court will impose certain conditions of release. These conditions can include staying away from the alleged victim, refraining from contact, obeying protective orders, not using drugs or alcohol, or appearing at every court date.
A violation of these conditions—even something as small as a text message to a protected party—can lead to a new criminal charge under § 53a-222. Because this statute is often tied to domestic violence, protective order, and sexual assault cases, prosecutors treat these violations very aggressively.
Many clients tell me they didn’t even realize they were breaking a rule, or that the contact was accidental. Unfortunately, the law is strict: any knowing violation of a release condition can trigger this felony charge.
Elements of the OffenseTo convict under § 53a-222, the State must prove that:
Violation of conditions of release in the first degree is a Class D felony. Penalties include:
When the underlying case involves family violence, sexual assault, or other sensitive charges, courts often impose harsher bail terms or even remand the accused to custody.
Example Case ScenarioA man is arrested for domestic violence and released on the condition that he not contact his girlfriend. A week later, she texts him first, and he replies with “OK.” Even though she initiated the contact, he is arrested again for violation of conditions of release under § 53a-222.
In another case, a defendant is ordered not to return to a particular residence. He goes back briefly to pick up personal belongings. Neighbors call the police, and he is charged with this felony offense.
These examples show how easy it is to get caught up in a violation, even without malicious intent.
DefensesDefenses to a § 53a-222 charge may include:
In some cases, especially for first-time offenders, the Accelerated Rehabilitation (AR) program may be available. If the violation arises in the context of a domestic violence case, the Family Violence Education Program (FVEP) may also be an option. Successful completion of these diversionary programs can lead to a dismissal of the charge.
Eligibility depends on the underlying offense, the accused’s prior record, and the circumstances of the alleged violation. An experienced defense attorney can argue for admission into AR or FVEP and show the court that the violation was minor or technical rather than willful.
Related OffensesCourts treat violations of release conditions as a threat to the integrity of the justice system. A conviction not only adds a felony to your record but can also devastate your defense in the underlying case. Judges often view these violations as a sign that you cannot follow court orders.
I have spent more than 30 years defending clients charged with release violations in Stamford, Norwalk, Greenwich, and throughout Connecticut. My goal is to keep you out of jail, protect your rights, and preserve the best outcome in your underlying case.
Frequently Asked QuestionsWhat Is the Difference Between First-Degree and Second-Degree Violation of Release?First-degree (§ 53a-222) is a felony, while second-degree (§ 53a-222a) is a misdemeanor. The difference usually depends on the seriousness of the underlying case.
Do I Get Arrested Immediately for A Violation?Often yes. Judges and prosecutors take these violations seriously, and police are quick to make an arrest once they are reported.
What if the Other Person Contacted Me First?Even if the protected person initiates the contact, replying can still be considered a violation. The burden is on the accused to follow the court’s orders.
Can I Go Back to My House to Get Belongings?Not without permission from the court. Entering a restricted location, even briefly, can result in an arrest.
Is There Any Way to Get This Charge Dismissed?Yes. Diversionary programs like AR or FVEP may apply, and in other cases, the State may agree to a dismissal if evidence is weak or if the violation was technical.
Will This Affect My Original Case?Yes. Judges may raise your bond, impose stricter conditions, or revoke release altogether.
Can These Charges Affect Immigration Status?Yes. Non-citizens face serious immigration consequences for any felony conviction, including under § 53a-222.
Do I Need a Lawyer if I Think It Was a Minor Violation?Absolutely. Even “minor” violations are treated seriously and can lead to jail time.
Can I Travel While on Release?Only if the court allows it. Leaving the state without permission may be a violation.
How Can Your Office Help Me?I work to minimize bail, challenge evidence of the violation, and negotiate for dismissal or diversion whenever possible.
Take the Next StepIf you have been charged with violation of conditions of release under CGS § 53a-222, do not take chances. These cases can quickly spiral into jail time and lost defenses.
📞 Call Allan F. Friedman Criminal Lawyer at (203) 357-5555 or contact us online for a confidential consultation.