Washington DC Criminal Defense Lawyer Blog

Nearly a dozen men, labeled gang members, were arrested for reportedly robbing and attacking homeless people and others who had been deemed "vulnerable" in the D.C. area. Namely, the attacks occurred in Chinatown, Adams Morgan and U Street.

D.C. criminal defense lawyers know anytime a person is labeled as a "gang member," the crimes for which they are charged are going to carry more weight because prosecutors can then argue that the action was taken in order to further the cause of a criminal organization. That's bad because it means stiffer sentences and higher fines.

In 2007, the District passed a law called the D.C. Criminal Street Gang statute, found in D.C. Code 22-951. It makes it a misdemeanor offense to solicit, invite or otherwise recruit another person to join a criminal street gang. These are groups of six or more people that require crimes of violence as a condition of membership or that perpetuate such criminal acts as part of its frequent activities or core purpose. The law also makes it a felony - punishable by up to five years - if you knowingly or willfully participate in either a felony or a violent misdemeanor for the purpose or benefit of the gang. This is on top of whatever sanction you would receive for the underlying crime.

In this case, the men, between the ages of 18 and 20, were reportedly led by a "president" who directed a series of violent actions against numerous individuals. In June alone, prosecutors say the group carried out the following acts:

• Assaulted, beat and robbed a man around 3:30 a.m. as he walked near a bus stop on H Street NW;


• Targeted a Hispanic man for an attack around 3:45 a.m., hurling racial epithets at him as they punched him, leading to additional charges under the district's hate crime statutes;


• Targeted a homeless man around 4 a.m. near K Street NE, stole his backpack containing his clothes and tried to take his shoes. Crimes against the homeless are also considered hate crimes;


• A "flash mob" of members targeted a gas station on Florida Avenue to steal numerous items;


• Surrounded a woman leaving the Metro train and robbed her of her phone;


• Gained entry into an unoccupied house, sprayed graffiti throughout and broke a window;


• Targeted a former member at night at a bus stop and threatened to kill him if he spoke to police;


• Robbed a man at Metro Center.

The group reportedly didn't call themselves a "gang," but rather a "crew," that organized using social media, including YouTube and Facebook.

Still, they might, under the technical definition, qualify as a criminal gang.

According to the FBI, some 1.4 million people in the U.S. are members to some 33,000 gangs. A recent report indicates those organizations are responsible for nearly half of all violent crimes, with a number of organizations sourcing weapons from the military.

Business Insider lists the gangs that are highest on the FBI radar as:

• The 18th Street Gang;


• Florencia 13;


• Barrio Azteca;


• Juggalos;


• The Almighty Latin King Nation


• Somali gangs;


• MS-13;


• Trinitarios;


• Hermanos de Pistoleros Latinos;


• Mexican Mafia;


• Mongols;


• Vagos Motorcycle Club;


• Wheels of Soul.

Continue reading "D.C. Gang Members Face More Serious Penalties for Crimes" »

One of the two defendant's in a fatal shooting that stemmed from a botched robbery attempt at a convenience store will not face murder charges, with prosecutors citing a lack of evidence.

D.C. criminal defense lawyers know that because homicide is the most serious crime for which you can be charged, the evidence should be substantial in order for prosecutors to move forward with a case.

However, this doesn't always stop prosecutors from pressing ahead. This is why in every felony case it's important to have a skilled defense attorney who is adept at handling such matters, and is knowledgeable with regard to having evidence suppressed, challenging witness testimony and uncovering potential elements that may work in a client's favor.

In this case, the primary issue was witness credibility.

According to The Capital Gazette, a 19-year-old was charged with nine felony charges, including armed robbery and first-degree murder for the slaying of a convenience store clerk back in the summer of 2010. The 48-year-old employee was reportedly fatally shot while running away from the suspects.

Prosecutors say they have no doubt the teen was involved, but the witnesses who would testify to his involvement have all been convicted in another fatal shooting that happened at a pizza shop a few months later.

His co-defendant in the convenience store shooting reportedly pleaded guilty to murder and was sentenced to life in prison. He too was involved in the pizza shop murder, and was given another 30 years for that homicide.

Although there was surveillance footage of the homicide, it was grainy and not clearly visible as to who did what or even who was carrying the gun.

So ultimately, aside from the testimony of convicted murderers, there was no other evidence linking the 19-year-old defendant to this crime.

Still, he won't go free, as he too was convicted in the pizza shop murder, and was sentenced to 50 years in prison, though he could be released after 30 years. Prosecutors say this factored into their decision not to move forward with the convenience store shooting as well, saying they hope his other conviction will keep him behind bars for some time.

Although witness credibility became a key issue in this case, it can be a critical matter in many other criminal cases, both before and during trial. If a prosecutor suspects a witness may be lying or is simply not believable, he or she may choose to reduce the charges originally filed. However, this usually doesn't happen without some push from defense lawyers in convincing them that they don't have a solid case.

Other times, credibility is raised at trial, and it's up to the judge or jury to weigh whether to believe a witness or not.

Some of the ways that a good defense attorney can effectively question a prosecution witness's testimony would be to point out:

• Inconsistency. Has the person's account of events remained consistent from start to finish? If not, why? Does the person have a bad memory or are they trying to hide something?
• A history of lying. If a person has a proven history of lying about one thing or another, how can they be trusted to tell the truth this time?
• Objectivity. Is there something the person has to gain by providing this testimony, whether financial or a reduced sentence for themselves or some other motivation that would cast doubt on their word?
• Outside circumstances. Maybe the person isn't lying, but is there a likelihood they are mistaken? For example, was it too dark to reasonably have a good look at the defendant's face? Were they wearing their prescribed glasses or contact lenses? Was he or she intoxicated? What was the weather like? Were there any outside circumstances that could prevent the witness from providing an accurate account of events?

Continue reading "D.C. Defense: Charges in Fatal Shooting Dropped Due to Witness Credibility Issues" »

Washington D.C. defense attorneys have been watching closely the news from the Northwest neighborhoods, where police are reporting a spate of violent crimes in D.C., to which one 19-year-old man has since been linked.

According to The Washington Post, the first victim was a 66-year-old tourist from Denver, who was found in an alley on Emerson Street. Investigators said he had suffered fatal head wounds.

Then it was a 53-year-old man discovered with head injuries on Georgia Avenue.

And then later that same night, a 37-year-old woman had suffered head injuries while on the 5000 block of Ninth Street.

The latter two reportedly survived those attacks.

Then two other attacks were reported.

For weeks, the motive in the attacks were a mystery. Police had even gone so far as to urge people to walk in pairs, saying the assaults were apparently random. All they knew was that the individuals were in the same neighborhood, had all been alone and had all suffered head injuries.

It wasn't until just a few days ago that police made an arrest: a teenager, the younger brother of a pro-football player, now facing two assault charges as well as a first-degree murder charges.

The teen is accused of sneaking up behind these individuals and hitting them on the back of the head with a hammer.

It's still not exactly clear what the motive may have been, but news reports indicated that the suspect had been treated last year for psychiatric issues, when his guardian and teachers said they had become fearful of his behavior. He was allegedly yelling and laughing out loud in school and talking to himself for hours on the bathroom floor.

Files released by the D.C. Superior Court indicate that the suspect suffered from schizophrenia, visual and auditory hallucinations and had only borderline intellectual functioning. Psychiatrists who evaluated him said that he moved rapidly between blank stares to unpredictable and threatening behavior. And then other times, he would seem completely fine. He reportedly had a history of hospitalizations for psychiatric issues.

Now, in most D.C. assault or murder cases, a defense of insanity is simply not going to fly. There is a high bar for what has to be proven in order for this defense to be successful.

First, it's important to note that rarely does a person "beat" the charges with an insanity defense. An insanity defense is actually an admission that you did, in fact, commit a crime, but that you were afflicted with a severe mental defect or disease that rendered you unable to understand the nature or wrongfulness of your actions.

So in a normal trial, the burden of proof is on the prosecution to show that you in fact committed the crime. When D.C. criminal defense attorneys opt to employ the insanity defense, that burden of proof shifts. No longer are you fighting to prove you didn't do it, you're now on the offensive in proving you didn't know right from wrong at the time you did it.

It's a tough bar to meet, and studies have shown that less than 1 percent of defendants are successful in using this defense. Conferring with an experienced D.C. criminal defense lawyer can help you better understand all your options.

Continue reading "D.C. Violent Crimes and The Insanity Defense" »

The Washington D.C. murder trial of a socialite accused of killing his wife has taken some strange twists.

According to a detailed story by Fox News Washington, the case has captivated many in the D.C. community, both because of the wealthy status of the alleged victim and the courtroom antics of the accused. The suspect has reportedly claimed to be an Iraqi general. He was known to walk around his neighborhood in military gear while smoking cigars. He has also suggested his wife's murder was the work of an Iranian hit man, and has gone on hunger strikes while comparing himself to Judeo-Christian religious figures.

All this brings up two important points that most D.C. criminal defense attorneys deal with frequently.

The first is that media coverage of a case can absolutely impact the opportunity for the accused to receive a fair trial. In some cases, defense attorneys may even request a change of venue due to the publicity the case might have garnered before it has a chance to be heard by a jury. The group of individuals from which attorneys have to choose during voir dire, or the selection phase, may all be somewhat swayed when has been heavily covered in print, broadcast and online.

The second issue is that sometimes, Washington D.C. defense attorneys have the challenge of defending a client who does not aid in his or her own defense. Self preservation would indicate that this would be a rare circumstance, unless the individual suffers some mental illness. Such a sickness could have played a part in the alleged crime as well, although proving insanity as a criminal defense is rare in Washington D.C., as well as throughout the country.

Anyone accused of homicide in Washington D.C. needs to immediately secure an experienced criminal defense attorney who knows how to work in the best interest of a client, regardless of the challenges of a given case. Sometimes, this is done with the help of experts in the medical, forensic and psychological fields.

In this case, the 91-year-old Georgetown victim had been a foreign affairs journalist with a taste for fine art and fashion. Her German husband was 40 years younger and had been known for rather eccentric tendencies. Over the years, he had claimed to be everything from a spy from East Germany to a CIA operative. He wore an eye patch at times, which he said was due to losing an eye while serving as a bodyguard for a U.S. ambassador in Paraguay.

The reality, however, was that this was a man who was unemployed and supported by his much-older wife, who seemed to tolerate his antics.

There had been some accounts that the suspect had struck his wife in the past.

Then last August, he called 911 to report he had found his wife deceased in the bath tub. He e-mailed an obituary to the local media, stating it was a fall that caused her death. A medical examiner, however, ruled her death was a murder.

A neighbor told police she had heard soft cry and a "sinister laugh" around the time of the woman's death.

Her husband has since been charged with second-degree murder.

Eccentric behavior doesn't prove guilt, any more than a neighbor who heard laughing (sinister is an subjective characterization) around the time a 91-year-woman was found dead.

It will be interesting to see how this case unfolds.

Continue reading "Washington D.C. Murder Case Presents Defense Challenges" »

Violent crimes in Washington D.C. are said to be escalating at an alarming rate in the first couple months of the year. According to The Washington Times, the district saw a 40 percent uptick in crimes of a violent nature, including nearly twice as many gunpoint robberies in D.C. than in the first several months of 2011.

Washington D.C. criminal defense attorneys know, however, to take such reports with a grain of salt - a sentiment further underscored by researchers at the D.C. Crime Policy Institute, who note that the numbers, while accurate, are somewhat taken out of context.

All too often, alarming statistics like this are used by law enforcement to justify an increase in spending or in over-vigilant tactics in order to tamp down the swelling rate of crime - even when the numbers may not show a complete and accurate picture.

That said, here is what the Times is reporting:

That all but one police district is reporting double-digit upswings in violent crimes, according to internal documents from the Metropolitan Police Department. This reported increase follows more than 12 months of a downward bend, when the number of homicides in the district were lower than at any other point in the last 50 years. And while homicides continue to fall below the numbers reported in recent years, other crimes, such as robberies, assaults with deadly weapons and sex crimes, are said to be picking up the pace.

The greatest augmentation of crime figures happened in Capitol Hill's 1st District. In that area, crimes classified as violent soared an astounding 69 percent.

Then in the 7th District, near the Anacostia River, an hike of more than 40 percent was reported.

The district with the smallest rise in serious crimes was the 2nd. There, police reported a 4 percent rise. Still, of the 53 reported, nearly 40 were robberies, though many, which were reported in wealthier neighborhoods, are believed to be connected.

Some politicians have come forward in press conferences to note that constituents don't feel safe. Police Chief Cathy Lanier said the rise in robberies could be traced back to a number of individuals snatching small electronics, namely smartphones. Robberies alone saw a reported 55 percent increase in comparison to last year.

Additionally, all types of crime, not just violent crimes, are reported to have climbed by about 25 percent.

The mayor has come under fire for not releasing the numbers soon enough, and some have even alleged city officials have played down these numbers.

But the headlines would tend to suggest the opposite is true.

It all must be taken in the appropriate context. As Washington Post Columnist Mike DeBonis points out, the situation is "hardly evidence of a crime epidemic."

As the crime policy institute's researchers noted, district leaders need to take into account the long-term trends. They further pointed out that it is easy to become alarmed when looking at stories that reflect short-term crime "trends," but those figures may not actually be reflective of the true amount of crime on our streets. In fact, a six-week analysis is not nearly enough on which to base any long-term crime policies.

Continue reading "Violent Crimes in D.C. Reportedly Spike; Officials Urged not to Overreact " »