Washington DC Criminal Defense Lawyer Blog

According to a recent story in the Washington Post, 18 members a suspected international drug trafficking ring allegedly headed by Yonis Muhudin Ishak were arrested on conspiracy and controlled substance charges. 10 members of the organization were arrested in the Washington, DC Metro area. According to reports, the controlled substance involved is known as "Khat." Khat is a plant with leaves containing the drug cathinone, which is an addictive stimulant that has been compared to cocaine or methamphetamine. The Khat was smuggled into the area by human traffickers, and through the U.S. Mail.

As a Washington, DC criminal defense lawyer who handles drug charges, one of the most important things I can do to help a client fight the charges is to file a motion to suppress evidence. A motion to suppress in a DC controlled substances cases such as possession with intent to distribute (PWID) challenges the way in which the police discovered the drugs and collected the evidence. If it can be shown the officers violated the defendant's constitutional rights, then the evidence should be excluded from use at trial. If the government cannot mention the existence of drugs to the jury, they can't win a controlled substance case, so they will generally dismiss the case after losing a motion to suppress. This is also true with gun or weapons charges such as carrying a pistol without a license (CPWL). Your attorney can explain how a motion to suppress may be applicable to your case.

As a Washington, DC criminal defense attorney who handles assault charges, I frequently get calls or emails from people who have been charged with simple assault. The facts of the case are usually quite similar.

You are out at a bar or club in DC, it's getting late and an argument starts with someone else at the bar. It may be over an insult, or someone harassing one of your friends or girlfriend, but whatever the reason, it leads to a fight. At this point the bouncers or staff usually kick everyone involved out of the bar, and the fight continues in the street. The DC Metropolitan Police (MPD) arrive and take a few statements, and decide who they will arrest on simple assault charges. Sometimes it seems like there is no rhyme or reason as to who they arrest. I hear from many people who tell me that the alleged victims really started the fight.

In Washington, DC, a simple assault is a misdemeanor punishable by a maximum of 180 days in jail or up to a $1,000 fine. There is often a lot that can be done to develop a strong defense. One of the most important things your criminal lawyer can assist with is conducting a thorough investigation of what really happened, so that your side of the story is presented to the court rather than just the word of the alleged victim who may have actually started the fight. There are also some specific defenses that may apply to your case such as self-defense.

In parts one and two of this series on taking the nickel, I looked at gun charges and drug charges in Washington, DC. In this third part, I would like to look at how this applies to a driving under the influence (DUI) or driving while intoxicated (DWI) charge.

When the police pull someone over on suspicion of drunk driving, they are trained to observe and report everything the driver does or says. This includes how quickly and safely the driver is able to pull over, whether there is a strong odor of alcohol, fumbling fingers, slurred speech, and many other clues. They can use any number of interrogation techniques and field sobriety tests. Specifically, the three Standardized Field Sobriety Tests approved by the National Highway Traffic Safety Administration (NHTSA). The Washington, DC Metropolitan police, US Capital Police, and US Park Police who pull drivers over on suspicion of drunk driving, are also trained to ask three questions. They ask where you were driving to, if you have been drinking, and if you have had anything to drink since you got in the car. The questions may be phrased a little differently, but the point is to establish that you have been driving a vehicle, had been drinking and are under the influence of alcohol, and must have been drinking alcohol before you drove, not after. These are the three basic elements required for a DUI in Washington, DC.

As a Washington, DC DUI lawyer, I always ask new clients if the police asked them if they had been drinking, because I know the answer is going to be in the police report. When I read the report, the answer is generally, "yes," "yes, I had one or two drinks," "two or three drinks", and even the occasional "yes, I'm drunk." When I was in class to receive my certificate for training in DWI Detection and Standardized Field Sobriety Testing (the same course taken by police), I asked the instructor, a 28-year veteran on the state police who had pulled over thousands of people for suspicion of DUI, what he did when somebody said "I only had a one or two beers." His answer was "automatic arrest." You've probably seen hundreds of defendants on the TV show COPS give the same answer and get arrested; yet, for some reason, it seems like a good idea to say it. It is best not to admit to drinking.

If you are reading this blog because you have already been arrested for a DUI in Washington, DC and you answered in one of the ways discussed above, all is not lost. There is a lot your DUI attorney can do to help. Always remember that an arrest is not a conviction.

In part one of this series of posts, I discussed a situation where defendants have often talked their way into jail. This was in the context of a gun or weapons charge, but the same could just as easily apply to a Washington, DC drug charge.

As a criminal defense attorney, I have represented people charged with many different drug crimes. However, one of my most memorable was a middle-aged woman charged with possession with intent to distribute (PWID) cocaine base (crack). What makes this case so memorable is that she was sitting at her kitchen table, smoking crack with her boyfriend and the woman her boyfriend was having an affair with. My client found out about the affair, confronted her boyfriend, and this was their way of sitting down together and working it all out. The other woman brought the crack as peace offering of sorts. While they were all sitting at the table, the police pounded on the door and rushed in saying they had a search warrant. They found the three of them sitting at the table with a crack pipe. The police asked everyone if they had been smoking crack, and my client quickly blurted that the following: "I may have been smoking crack, but it was that bitch's crack, so I'm innocent."

It took a while to finally get her to understand that she had just confessed to a crime, rather than showing that she was innocent. In the end, with much negation on my part with the government, my client was able to walk out of court, rather than being led out in cuffs and shackles, but if she had just remained quiet, things might have been a lot easier for her. If you are reading this blog because you have already been accused of a crime in Washington, DC, and may have already talked to the police, speak with a criminal defense lawyer as soon as possible, and remember, don't talk to anyone about your case in the meantime.

If you are wondering about the picture that is along side this blog entry, "love roses" are commonly sold in stores as novelty items. The glass tube that holds the rose is often used as a crack pipe.

As a Washington, DC criminal defense lawyer, one of the first things I tell my clients is that they should never speak with anyone other than me about their case. This includes their friends, family, codefendants, anyone in jail, and especially the police. As I have said before, when the police say they want to speak with you about an allegation, there is usually nothing you can do help yourself by talking to the police, even if you are innocent. I have seen many cases where a defendant's statements were used against them. You have the right to remain silent and so not incriminate yourself under the Fifth Amendment to the U.S. Constitution. This right is also referred to as the privilege against self-incrimination, or "taking the fifth." For those who like to read John Connolly books like The Lincoln Lawyer and The Brass Verdict, you will know it as "taking the nickel."

I would like to discuss several instances of how people typically talk to their way into jail. First let's look at a client charged with carrying a pistol without a license or other gun or weapons charge in Washington, DC. You are driving from Atlanta to New York to see family. Along the way, you decide to stop in Washington, DC to see some friends. You park your car on the street illegally but figure the worst that will happen is getting a ticket. You look out the window and see an MPD officer looking in your car and go out to speak with him. You tell him that it's your car and you were just parked there for a minute. He looks at you and says, "Is there anything in the car I should know about?" At this point you realize that you have a gun in the car--a gun that is properly registered in Georgia, and is now sitting in the glove compartment. You can simple say no, give no other reason, and take the ticket. Instead you figure the cop must already know so you say, yeah there's a gun in the car, but it's legal and registered. At this point, you have a gun pointed at you and are being told to get on the ground. You are arrested and charged with carrying a pistol without a license (CPWL), unregistered ammunition (UA), or being present in a vehicle with a firearm. These are serious crimes in Washington, DC. If you had taken a nickel and said nothing, you might be on your way. Now, the only person you should be speaking to is your lawyer. It is important to remember that there is a lot that can be done to prevent a conviction, but remaining silent is a good first step.

When I arrived at Washington, DC Traffic Court this morning for DUI arraignments, I found the court filled with people. Traffic court is normally pretty busy in DC but this was out of the ordinary. I quickly learned that the many of the protesters arrested by the US Capital Police during a demonstration opposing federal cuts to the city budget were being arraigned. It was at that protest that Mayor Gray, members of the DC City Council, and other members of the community were arrested for failure to obey to a police officer and blocking an intersection. The police apparently chose to arrest them on traffic violations rather than disturbing the piece or unlawful assembly so as not to be a First Amendment issue. Many of the protestors, including Mayor Gray, had already paid $50.00 to have the charges dropped as part of a deal offered by the Office of the Attorney General (OAG) for Washington, DC.

The 17 defendants who showed up in traffic court today were given a chance to have the case dropped for a payment of $100.00. Nine of them chose to pay. The others will be back in court next month. If they do not pay fine, they could eventually face jail time.

While this is not an everyday occurrence in traffic court, the concept of paying money to have a case dropped is quite common. In Washington, DC, this is called "Post and Forfeiture." The defendant is offered the chance to pay between $50.00 and $150.00 and the charges are dropped. There will be no conviction on the defendant's record. The defendant can later get the arrest expunged from their record with the help of a Washington, DC criminal defense attorney. I want to point out that this post and forfeiture procedure is usually reserved for offenses like using a fake ID or underage drinking. It will not generally be available for DUI charges. In the case of a DUI or DWI arrest in Washington, DC, your attorney can speak with out about other options like a differed sentencing agreement (DSA) which may be available.

As a Washington, DC criminal defense attorney, I often hear from clients who have confessed to some illegal activity or given the police consent to search a car or vehicle, or even his or her home without a warrant or probable cause. It may seem strange that while almost everyone who has ever watched TV or seen a movie can recite a Miranda warning by heart, very few people actually use that right and remain silent. Many people also know that the cops can't search a car or house with a warrant or probable cause. The only reason the police ask for consent is because they can't do a search a without it. So why are these people talking and giving consent to search? One common reason is that police sometimes lie to suspects.

I was sitting with a client charged with carrying a pistol without a license (CPWL) at the DC Central Detention Facility (jail) reading a Metropolitan Police (MPD) report to him, and asked why he gave his consent to search his car. He said, they told him that the already used their "mobile gun scanner" and knew there was a shotgun in the car. He tells me that everyone in jail knows about the mobile gun scanner. He then asked me if I knew what the mobile gun scanner was, and I told him that I do, it's a lie police tell to suspects to trick them into searching their car. The vehicle scanners which actually exist, as pictured above, are far from the handheld version imagined by the police.

If you are ever stopped by the police in the police in Washington, DC and they ask for permission to search to car, you can say no. You don't even have to give them a good reason. If you been arrested and read your Miranda rights and they say that they you can tell them your side of the story, and that they are just trying to help, they are probably lying to you, or you wouldn't be in handcuffs or shackled to an interview room floor at the Third District Station.

According to a recent story on NBC Washington, Redskins player Albert Haynesworth has been indicted on Sex Abuse charges in Washington, DC. It has been alleged that Haynesworth was at the W Hotel attempting to pay his bill and asked the waitress, whose hands were full, if it was okay to put his credit card in her blouse. According to court papers, she nodded that that was acceptable, however she reported to police that Haynesworth proceeded to grab and caress her breast after placing the credit card in her blouse. Haynesworth's agent denied that there was any truth to these allegations.

As a Washington, DC criminal defense attorney who handles sex abuse charges,
I tend to get calls from people who have been accused of sexual abuse, who do not understand how they have been charged with such a crime in the first place. In the case of a first or second degree sexual abuse (rape), there is generally little doubt that if true, this conduct would be a serous crime, however with third and fourth degree sexual abuse, such as allegedly groping another person at a night club, the line is often not so clear. There is also the issue of being placed on the sex offender registry, which can have serious effects on your life.

One of the most important things you can do if you are being investigated for or are charged with a Sex Abuse crime in Washington, DC is to contact an attorney as soon as possible. It is best not answer any questions the police may ask even if they tell you that they are only tying to figure out what happened and that you are not in trouble yet. The police are trained to lie to suspects, and they do so every day.

In case you haven't been following the Lindsay Lohan saga, she has recently been sentenced to 120 days in jail for violating her probation. Lohan pleaded guilty to a DUI and was placed on probation. While on probation, she was arrested on felony theft charges when she walked out of a jewelry store with a $1,500 necklace. The government offered Lohan a plea offer of a six-month jail sentence. This was considered a fair deal except the judge said that if Lohan pleaded guilty to the theft, she would be found in violation of her DUI probation and could face a sentence longer than 180 days in jail. After consulting with her attorney, Lohan decided to plead guilty to theft. The judge sentenced Lohan to 120 days in jail. In response to this many people have accused Lohan's defense attorney, Shawn Holley, of doing a poor job, but according to TMZ, Lohan has said that she is very pleased with Holley and that she did an incredible job. For the rest of this post, I will discuss some aspects of working with clients.

As a criminal defense attorney in Washington, DC, I provide free consultations to people knowing that they will probably speak with other lawyers and shop around. This is perfectly understandable. For a person charged with a crime who doesn't know any DC criminal defense lawyers, choosing a lawyer is a big decision. One of the most important things is to choose someone who is not only competent but is an attorney you can trust and will take the time to answer your questions and is available when you need him. The last thing a client wants is a lawyer who will pass their case off to a junior associate and never see the client again.

In the Lohan case, she was happy with her attorney because she had established a rapport and level of trust, and this is what every criminal defense attorney should strive to attain.

In a previous post, I wrote about the arrest of a DC police officer. Following up on this story, the Washington Post is now reporting that DC Metropolitan Police (MPD) Officer, Jennifer N. Green, has agreed to plead guilty to charges of attempted second-degree burglary. According to reports, the Internal Affairs unit set up a meeting between Green and an informant at the Macombo Lounge. The two planned a burglary at a DC residence that was supposed to contain a lot of cash and drugs. Green supposedly said that she didn't want the drugs, but could use the money. Using her police issued radio to monitor law enforcement activity in the area, Green and the informant pulled up to the apartment and the informant took a crowbar and went into the apartment. He returned with $1,050 in marked bills, and counterfeit crack cocaine. Green took $600 from the informant. She drove back to her apartment where she was arrested.

As a Washington, DC criminal defense lawyer, one of the common things I discuss with my clients is whether the police had a confidential informant (CI), or were just very lucky. Sometimes the police will put the existence of the CI in the police report, and other times they will strongly deny it no matter how obvious it may be.

While this can be used as part a good defense to a DC felony charge, the plain truth is that anyone can be a police informant, and according to the law, you assume the risk that the person you are talking to is working for the police. This is especially true once you have been arrested. Police cruisers may have microphones in them to record all conversations. A person at the district station, Central Cell Block (CCB), or DC Jail may be an informant. Your phone may be tapped. It is for this reason that I tell all of my clients not to discuss their case with anyone except me. It is best not take any chances with your constitutional rights.

According to a recent story in Washington Post, a young person, who may have been a juvenile, was the victim of an alleged assault that occurred Easter Monday at the National Zoo in Washington, DC. The alleged victim suffered what has been reported as serious knife wounds. After being stabbed, he left the Zoo on foot and was later found bleeding near an apartment building on Connecticut Avenue in NW DC. He was taken to a local hospital with injuries that may are potentially life-threatening. Police have said that prior to this alleged assault, there was a fight involving an unknown number of people. A suspect was apprehended by zoo police. It has not yet been reported what charges he will face.

Washington, DC criminal defense attorneys who handle assault cases and weapons charges, routinely see cases where it is not immediately clear who the initial attacker was. If it can be shown that the alleged victim was actually the primary aggressor (attacker), then there may be a valid claim of self-defense.

If you are placed in imminent (immediate) fear that your life is in danger, or the life of another, you may be justified in using force against the attacker. If you are charged with a DC assault crime, self defense may be appropriate in your case. Please note that this is general advice, and may not apply to your particular situation. If is best to discuss this with your assault charges lawyer to see if self defense is appropriate your case.

According to a recent story in the Washington Post, Metrobus driver, Ronald W. Taylor, was charged with negligent homicide (involuntary vehicular manslaughter) after allegedly committing a DC traffic violation that fatally injured Bartlett M. Tabor.

It has been reported that Taylor was driving his bus in NW DC on the evening of September 26, 2008, when the bus hit a taxicab, plowed through an intersection, and eventually came to a stop on the lawn of the Federal Reserve Building. Tabor was a passenger in the taxi. In 2008, investigators concluded that Taylor had run a red light which caused the crash and he was quickly fired from Metro before being reinstated to a non-driver position. According to the article, this was not Taylor's first arrest as he had been charged with a misdemeanor count of possession of an unregistered gun and ammunition in the past. He took the case to trial and received a jury verdict of not guilty for that DC gun charge.

As a Washington DC traffic violations lawyer, I am used to hearing stories from people who were arrested on DUI charges that involved an accident. If the accident resulted in a death, the defendant could also be charged with negligent homicide. It is not as common to see a negligent homicide charge stem from an accident which is not alcohol-related. It will be interesting to see what exactly Taylor was accused of doing in this case. I should point out that one major exception to what I just said about non alcohol-related accidents and criminal charges involves texting while driving. Texting while driving is considered by some lawyers who handle to DC moving violations to basically be a new form of DUI charge.

According to a recent story in the Washington Post, a woman was sleeping in her home in SE Washington, DC when she was awoke to the sound of gunshots. She felt blood running down her face, and discovered that she had been grazed by a bullet. She was taken to local hospital and it has been reported that she will recover from her injuries. Washington, DC Metropolitan Police (MPD) have stated that they do not believe the woman had been targeted by the shooter, but rather this was a stay bullet that hit her. MPD has also stated that a man was shot in the leg at around the same time near the woman's SE DC home. No arrests have been made, and it has not been confirmed that the two shootings were related.

This is clearly a serious incident that could result in serious charges if a suspect is arrested by police. As a Washington, DC gun charges lawyer, I would like to discuss how serious gun crimes are treated even if no injury or death has occurred. It should come as no surprise that the District of Columbia has quite possibly the strictest gun control laws in the nation. DC residents are only allowed to own a handgun if the gun is registered. After registering the gun, it must remain in one's home or place of business at all times when loaded. If the DC gun owner wishes to take the gun out of their home or place of business, it must be locked in a case/trigger lock, unloaded, and the ammunition must be placed in a separate container from the pistol. The only way to carry a loaded pistol in the District is with a license which you cannot get if you are not a law enforcement officer or active duty military.

If you are stopped by DC police and they find a gun on your person, or in your car, you can be charged with carrying a pistol without a license (CPWL). CPWL is a DC felony that is punishable by up to 5 years in prison. If you have already been convicted of a felony, you can be charged with being a felon in possession of a firearm which adds an additional 5 years to the maximum sentence. You can also be charged with the related gun charge of possession unregistered ammunition in many cases.

Having a criminal record can affect one's life in countless ways. When you have a criminal history (rap sheet), it may be difficult to find a job, apartment to rent, school that will accept you, and other similar problems. It is for this reason that you may wish to petition the court to seal or expunge your Washington, DC Criminal record.

As a Washington, DC lawyer who handles expungements, I often speak with people who are confused about the process. That is not surprising since the process is very confusing. In this post I would like to explain some of the issues related to a Washington, DC expungement or sealing of a criminal record.

The first issue is whether you have been arrested or convicted. If you have been arrested for a crime, but the charges were dismissed or you were acquitted, you may be able to have the arrest record sealed after waiting two years. You may also be able to have a crime expunged from your record if you can show actual innocence, but this is not easy to prove. In the case of a DC arrest that did you not result in a conviction, you can petition the court to seal the record, if you were arrested for a misdemeanor, or failure to appear (FTA), and it is not on this list of crimes below:

Continue reading "On Expungement or Sealing of a Criminal Record in Washington, DC" »

According to a recent story in the Washington Post, a teen being held a secure juvenile detention center picked the lock on the wooden door to his room, assaulted a guard, stole his wallet and keys, climbed over a fence using a ladder lying on the ground, and sped off in the guard's vehicle. This teen had been charged with burglary in Washington, DC and after conviction, was sent to the facility.

The facility is called New Beginnings Youth Development Center, and while it is located in Maryland, it is used and operated by Washington, DC Department of Youth Rehabilitation Services (DYRS). Since the facility opened its doors in May of 2009, three have been three escapes. New Beginnings was created in an effort to replace the crumbling Oak Hill facility which is now closed. The DC City Council originally planned to construct a suitable replacement for Oak Hill but it seems that plans were abandoned. DYRS houses some juveniles at New Beginnings, but also contracts with juvenile justice programs in other states across the country. Many of Washington, DC's troubled youth are sent to Arizona.

While this situation highlights a youth who may actually require a more restrictive environment, as a Washington, DC lawyer who handles juvenile defense cases, I am concerned about the general treatment of juvenile defendants within the justice system. As I have discussed in other posts, the purpose of the juvenile justice system is rehabilitation rather than incarceration. The defendant's name is not supposed to be released to the public, the court process is limited to necessary parties, and a juvenile defendant is not found guilty but rather determined to be delinquent and in need of rehabilitation. While this is the purpose of the juvenile court system, it often works quite differently in practice. There are various programs available that can actually help, but it is up to your child's juvenile defense lawyer to fight for access to these services.