Jefferson Memorial

Defining “Readily Available” in Clyburn v. U.S.

Jamison KoehlerFirearms/Weapons, Legal Concepts/Principles, Opinions/Cases

You can be sitting at work and “constructively possess” something tucked away in your bedroom closet at home. It is not whether you actually physically possess the piece of property at the time; it is whether you have the “power and intent” to control it.  And you are presumed to both know about and have the power to control the …

D.C. skyline

Sometimes A Guilty Verdict Is a Win (At Least That Is What I Tell Myself)

Jamison KoehlerFirearms/Weapons, Law Practice, Trial Advocacy

  Although Virginia juries have a reputation for being unforgiving, I have also been told that juries in Prince William County can be pretty unpredictable. Going into trial yesterday, my client was facing a mandatory 5-year sentence for being a violent felon in possession of a firearm.  During execution of a search warrant at his home, police had recovered a …

Disorderly Conduct: D.C. Court Narrows The Scope

Jamison KoehlerDrug Offenses, Firearms/Weapons, Opinions/Cases, Other Criminal Offenses

  Disorderly conduct is a really annoying charge. The first problem is that the offense is usually so broad and poorly defined that it is too easy for police to charge and too easy for the government to prove at trial.  For example, since intent to cause a “public inconvenience” is a major element of the offense in Pennsylvania, the …