From the monthly archives:

October 2009

The Vermeer and Modigliani Frauds

October 30, 2009 Theft/Fraud

In researching forgery and fraud laws in Washington, D.C., I was reminded of two of my favorite stories.  I tell the stories now not just because I find them entertaining, but also because I think they illustrate the differences between the modern day criminal offenses of forgery and fraud, at least as the two offenses [...]

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Road Rage Retribution: Driving “Points” in Washington, D.C.

October 28, 2009 DUI and Driving Offenses

One time, while with my father in a car, I noticed another motorist who seemed upset with my father’s driving.  I don’t know what my father did wrong, if anything, but the other guy sure was angry. My father seemed oblivious to the honking and the shouting and the gestures.  Did you see that guy, [...]

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The Letterman Case: Extortion or Blackmail?

October 23, 2009 Theft/Fraud

David Letterman’s recent revelation that he had been having affairs with female members of his staff and his reason for making the revelation – threats by a CBS producer to reveal the indiscretions — bring attention to what I believe are two interesting and often misunderstood crimes:  extortion and blackmail.  While all the news reports [...]

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Drugs: Simple Possession

October 12, 2009 Drug Offenses

There are two basic drug offenses in the District of Columbia: (1) drug possession, and (2) drug dealing. Today’s entry will deal with the misdemeanor offense of drug possession.

The crime of drug possession requires: (1) knowing or intentional (2) possession of (3) controlled substance. The defendant can use the affirmative defense that the [...]

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Drugs: Judge or Jury Trial

October 11, 2009 Criminal Procedure

Sometimes, after the pre-trial motions have been litigated and any plea bargaining negotiations have been concluded, a defendant needs to have his or her day in court.

The Sixth Amendment guarantees the right to a jury trial for “all” criminal offenses. However, the U.S. Supreme Court has interpreted this requirement to apply only to “serious” criminal [...]

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Drugs: Admissibility of Statements

October 7, 2009 Criminal Procedure

Many people assume that if the police did not read the defendant his or her Miranda rights (“You have the right to remain silent,” etc.) during any phase of police investigation, the whole case will be thrown out. This is not true. In fact, any statements the defendant or any co-conspirators make would [...]

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Drugs: Search Warrants and Pedestrian/Car Stops

October 7, 2009 Criminal Procedure

One key to successfully defending drug cases is to keep out as much evidence as possible from the prosecution’s case at trial. Trials are basically a struggle between the two sides as to what evidence comes in and what evidence does not come in. That’s why the Rules of Evidence are so important [...]

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Penalties: Drug Distribution

October 6, 2009 Drug Offenses

The penalty in D.C. for a conviction for drug distribution or possession with intent to distribute depends on the type of drug involved. In earlier posts, I described how the D.C. Code groups controlled substances into five schedules depending on the drug’s potential for abuse and its level of acceptable medical uses in [...]

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Penalties: Simple Possession of Illegal Drugs

October 5, 2009 Drug Offenses

The maximum penalty for a first conviction of simple possession in the District of Columbia, regardless of the substance involved, is 180 days of incarceration, with a maximum fine of $1000. The maximum penalty for a second or subsequent conviction would be double that – a maximum of 360 days of incarceration and a [...]

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Drug Distribution

October 3, 2009 Drug Offenses

The second major drug offense in the District of Columbia is the felony charge of drug distribution or possession with intent to distribute (PWID) – what we generally refer to as “drug dealing.”
In order to secure a conviction for this offense, the prosecution must prove that the defendant (1) knowingly or intentionally (2) manufactured, distributed [...]

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