Other Criminal Offenses

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 [...]

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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 Center [...]

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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 [...]

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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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D.C. Prostitution Diversion Programs

April 15, 2010 Other Criminal Offenses

There are a number of diversion programs in D.C. for people charged with a prostitution-related offense.  A “diversion” program allows a defendant to have the charges dismissed without trial in exchange for completing an agreed-upon set of conditions. The “Angels’ Project Power Program” provides for certain female and transgender defendants to participate in a tailored [...]

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Fleeing the Scene of An Accident in Arlington

April 10, 2010 Other Criminal Offenses

My wife came out of our house yesterday morning to find that sometime during the night a car had apparently gone out of control, driven across our front lawn and walk, and then crashed into a brick wall by the driveway. Whoever had driven the car was gone, leaving the car perched across the brick [...]

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Attempted Murder Charges After Northern Virginia Road Rage Incident

March 31, 2010 Other Criminal Offenses

We don’t know who started it, and we probably never will know for sure. But somewhere along Interstate 95 in Northern Virginia, the drivers of a dump truck and a Jaguar got mad at each other and began a roadway melee that ended up with the driver of the dump truck smashing his vehicle into [...]

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