From the category archives:

Other Criminal Offenses

Prostitution Solicitation: D.C.’s “John Diversion” Program

July 14, 2010 Other Criminal Offenses

People charged with soliciting a prostitute in D.C. could be eligible to participate in a “diversion” (i.e., non-trial) program called the “John Diversion Program.” A person who decides to take advantage of this program pays a $300 fee and attends a one-day course on health and other risks associated with prostitution. In exchange [...]

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Toronto Woman Arrested for Assaulting Police Officer With Bubbles

July 13, 2010 Assault

With thanks to Jonathan Turley of the Res Ipsa Loquitur Blog, here is a video of a Toronto woman apparently being arrested for assaulting a police officer with bubbles. If this had happened in Philadelphia (at least under the old regime), the woman would also have been charged with disorderly conduct, failure to disperse, and [...]

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Q’orianka Kilcher Arrested for Disorderly Conduct/Unlawful Entry

June 14, 2010 Other Criminal Offenses

How great is it to live and blog in D.C.?  We get all the fun stories.
The Washington Post reported this morning on the arrest of Peruvian actress Q’orianka Kilcher earlier this month for chaining herself to the fence outside the White House.  Ms. Kilcher was using a visit to the White House by Peruvian President [...]

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Disorderly Conduct: D.C. Court Narrows The Scope

June 13, 2010 Drug 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 [...]

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Ms. Magazine Article on Rape in the Military

May 24, 2010 Other Criminal Offenses

I am proud to say that the Spring 2010 issue of Ms. Magazine features my wife, Susan Burke, and her class action suit against the military on behalf of rape victims. Entitled “Culture of Rape” and now available on newsstands (but not online), the article cites a 2003 study by the Veteran Affairs Medical [...]

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When Former Lover Becomes Accuser: Civil Protection Orders in D.C.

May 19, 2010 Evidence

Your client loves a woman.  They date for two months, then the woman breaks it off. Something about jealousy and possessiveness.  Something about drinking too much.  Your client is heartbroken.

If your client is John Cusack in Say Anything, he stands outside her house with a boom box on his shoulder blasting out “In Your Eyes.” [...]

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Nightline Segment Tonight on Jeffrey MacDonald Case

May 14, 2010 Evidence

I understand from Kathryn MacDonald that ABC’s Nightline will air a segment this evening (11:30 pm EST) on the Jeffrey MacDonald case.

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Unlawful Entry, Bench Warrants and the Dilemma of a Foreign Defendant

May 13, 2010 Law Practice

My client is in town on a business trip.  He goes out to dinner with some colleagues and, even though he is not accustomed to alcohol, he has a few drinks. The next thing he remembers is waking up in a jail cell.  After being charged with unlawful entry and released from custody, my client [...]

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4th Circuit Denies Motion to Dismiss in Jeffrey MacDonald Appeal

May 6, 2010 Evidence

The U.S. Court of Appeals for the Fourth Circuit today denied the government’s motion to dismiss the defendant’s appeal in the case of United States v. Jeffrey MacDonald. As I discussed in greater detail in an earlier post, MacDonald has always maintained that he was a victim, not the perpetrator, of the murders. MacDonald’s appeal [...]

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On Michael Malone and the Jeffrey MacDonald Case

May 2, 2010 Evidence

I have written a number of posts over the last couple of months about the Donald E. Gates case. As you will recall, Gates was convicted of a crime he did not commit and initially spent 16 years in jail in large part due to the false testimony of former FBI analyst Michael P. Malone.  [...]

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