D.C. Superior Court Chief Judge Anita Josey-Herring issued an order on March 15, 2024, that renewed for four years the list of attorneys eligible to accept appointments under the Criminal Justice Act (CJA). The full list is provided below. This is the first re-establishment of the panel since 2018. (The 2022 renewal was delayed because of the pandemic.) The order …
When I last wrote about my niece Emma, she was an all-Ivy scholar and athlete, the leading scorer and captain of her college soccer team. Since that ground-breaking blog entry of 2012, Emma has played professional soccer. She is still, as I described her back then, pretty, smart, personable and modest, a woman who not only knows how to take …
Antonio Lucas robbed a man in Maryland. He then traveled to D.C. where he was arrested. Mr. Lucas could not be charged in D.C. with the felony offense of robbery. Because that crime had occurred in a different jurisdiction. Instead, he was charged with — and ultimately convicted of – Receiving Stolen Property in violation of D.C. Code § 22-3232. …
As a junior public defender in Philadelphia, I was always impressed when watching an experienced criminal defense lawyer conduct a cross-examination. I am thinking of Brian McMonagle, who at one point represented Bill Cosby. Or Scott DiClaudio, who is now a controversial judge in Philadelphia. Or Jamie Funt who, as far as I can tell, is still practicing criminal defense …
Years ago, back when I was a junior public defender in Philadelphia and believed almost everything clients told me, I interviewed a client charged with being a felon in possession of a firearm. “I was walking down the street that day,” the client told me. “As I walked by this playground, I saw a gun in the bushes close to …
Many years ago, when I first started work at D.C. Superior Court, I had a daily encounter with an older woman as I came into the court building each morning. Dressed nicely and sitting on the bank of chairs outside the lawyer’s lounge, the woman always appeared to be speaking on the phone about some weighty constitutional issue. The woman …
The brother of my court-appointed client takes me from the courtroom into the hallway to dress me down for a legal decision I just made on his brother’s behalf. The brother cites a legal platitude that, though true, had nothing to do with the decision I just made. “You and I both know I am right on this one,” he …
Her voice is soft and tentative. She may be trying to apologize, but the sniffling makes it hard to understand her. What is clear is that she is feeling pretty sorry for herself. If I stood next to her at a plea hearing in D.C. Superior Court, she would not have impressed me as someone with any substance or maturity. …
I spend a lot of time on the Acela. So too do other people I have encountered in the quiet car over the last year or so: Tony Fauci, Matt Gaetz, Charlie Gibson, John King, Elise Stefanik, Karine Jean-Pierre, Joe Walsh, and Dan Goldman. In some cases, such as with Gaetz or Stefanik, I have had to suppress the …
D.C. Superior Court judges do not typically allow re-cross examinations. Yes, you have a constitutional right to confront witnesses against you in a criminal proceeding. But, with judges enjoying widespread discretion to oversee the proceedings, this right is not without its limits. The defendant in Gabriel Sanchez v. United States, 287 A.3d 1241 (D.C. 2023), was charged with Assault with Intent to Kill …
During the pandemic, criminal defense lawyers got spoiled with the favorable plea offers. With dockets backing up, the government was desperate to resolve cases through non-trial dispositions. One prosecutor compared it to a “fire sale.” Those times are over. I have noticed this. My colleagues have noticed this. And a long-time judge on the felony calendar who knows about these …
Judges love to keep us in suspense. Before announcing a verdict or a sentence, they like to give us a detailed description of the reasoning behind their decision. They say “on the one hand” and “on the other” quite a bit. This is because they want to document that they considered all the angles. This can be excruciating. After all, …
They are known on the street as the “jump out” cops. They cruise poor parts of town in unmarked cars, one car following the other. There are 3 or 4 officers in each car. They pull up and jump out at the slightest hint of criminal activity. Sometimes they see a suspect walking with a lopsided gait or swinging only …
In Arizona v. Gant, the U.S. Supreme Court held that police may search the passenger compartment of a vehicle incident to a recent occupant’s arrest (and therefore without a warrant) under one of only two scenarios. The first scenario is that officers have a reasonable belief that the arrestee might access the vehicle at the time of the search, thereby …
BY RESPONDENT’S COUNSEL Q: Okay. And at some point – Mr. Jones is from Russia, right? A: Yes. Q: And at some point he came back to the United States and he sought to re-initiate his romantic relationship with you, right? A: Yes. Q: And – and you were not interested in, in resuming that romantic relationship, right? A: Correct. …
It is always painful to see a criminal defendant replace a good public defender or court-appointed lawyer with an inexperienced one. Because you don’t value what you don’t pay for. This is what happened in Timothy Dugger v. United States, 295 A.3d 1102 (D.C. 2023), an opinion issued recently by the D.C. Court of Appeals. A smart and seasoned criminal …
Friend and former colleague Noah Clements died last night, just after 11:00 pm. According to his wife Caroline’s post on Caring Bridge, the two of them had just finished watching a movie together. They were trying to move Noah when suddenly, despite all the oxygen, he could not breathe. His lungs were too damaged. She said it happened quickly. He …
Rule 11(c)(1)(C) pleas are all the rage in D.C. With word spreading throughout the D.C. jail, every defendant is either entering into one or wondering why he or she was not offered one. *** I had a client a while back who was about to enter into what I believed was a favorable plea agreement. The agreement was the …
Our goal as criminal defense attorneys is to turn opposing witnesses into unreliable narrators: Storytellers who should be punished for violating our trust.
For a threat to be unprotected by the First Amendment, the prosecution must prove that the defendant subjectively understood that the statement could be perceived as threatening.
In Mashaud v. Boone, the D.C. Court of Appeals limited the scope of unprotected speech under District’s stalking statute to threats, obscenity, defamation, fraud, incitement, and speech integral to criminal conduct.
From the Latin for “elsewhere,” an alibi defense is based on the physical impossibility of a defendant’s guilt: the defendant could not have committed the crime because he or she was somewhere else at that same time.
The defendant “poked” the complainant somewhere on the body after having been specifically admonished not to do so. Such an “offensive touching” constituted a criminal assault.
The court’s ability to hear a CPO matter in Washington, D.C. requires proof of an “intra-family offense” with sufficient connection to the District.
It is almost as if our former President intentionally peppers his unhinged and whiny tweets with spelling and grammatical errors. He wants to show his devoted followers he is just like they are.
Yes, Marjorie Taylor Greene, there is a two-tiered justice system in effect at the D.C. jail. Unlike their black and brown counterparts at the Central Detention Facility, the J6 defendants are being held in relative comfort at the Correctional Treatment Facility.
Retiring D.C. Superior Court Judge William Nooter was honored at a surprise farewell for him.
Here are the 2023 judicial assignments for the Criminal Division of D.C. Superior Court.
Sometimes you need to say things for no other reason than that the client will hear you.
Given my experience with county prosecutors in Philadelphia and Virginia, it was a welcome surprise to begin working with Assistant U.S. Attorneys in D.C.
I look forward to seeing him every morning. We do our little exchange, our private joke, and then we fist bump, and I continue onto the metro smiling and in much better spirits.
This is why we say goodbye. Letting go is what it comes to.
Sometimes you need to exercise your right to remain silent. Sometimes you should take your lawyer’s advice.
My wife has a history of agreeing to rent or buy the first place we visit whenever we are looking for a place to live. This is great, she says. We’ll take it.
Client expectations can fluctuate wildly, even within a given case. A big part of our job is to make sure these expectations are both informed and realistic.
According to the “Rule of Lenity,” a court should construe any ambiguity in the language of a criminal statute in favor of the defendant.
Five tips for representing indigent criminal defendants: (1) never push a plea, (2) don’t defend the system, (3) never contradict your client, (4) a light touch often works best, and (5) a thick skin will prevent burnout.
Although “claim of right” is a valid defense to robbery and other theft offenses, the defense fails when the defendant takes more than the property whose ownership is in question.
Here is the information you will need to log in by Webex video or phone to D.C. Superior Court Criminal Division courtrooms.
Here are the 2022 Judicial Assignments for the D.C. Superior Court Criminal Division
Under the ‘forfeiture-by-wrongdoing doctrine, a defendant forfeits his Sixth Amendment right to be confronted by a witness against him, as well as his objection to the introduction of hearsay, if he wrongfully procured the unavailability of that witness with the purpose of preventing the witness from testifying.
Bias can be “a favorable or friendly feeling toward a party.” It can also be hostility toward someone, a motive to lie out of self-interest, and/or corruption.
Now that DFS has lost its accreditation, the government is looking for creative ways to prosecute drug possession cases, including amending the charges to attempted possession. There are equally creative ways to counter this strategy.
I won a motion to suppress in a drug case yesterday. The win was particularly gratifying in that it involved the notorious gun recovery unit (GRU) from the Metropolitan Police Department. One of the lead officers for the GRU testified for the government, and he was a difficult witness: He would not concede a thing. I usually begin with some innocuous questions. …
Police had the requisite legal basis – reasonable suspicion – to assume that one of four people present after gunshots were heard was the shooter.
People are, I believe, naturally contrarian. The question is how to use this phenomenon to your advantage at trial.
Although a court may take “judicial notice” of commonly known facts, the government must still prove every element of a criminal offense beyond a reasonable doubt.
The Criminal Division of D.C. Superior Court will expand in-person operations beginning on Tuesday, September 7.
The Zulu greeting “Sawubona” translated literally means “I see you.” Because it is important to be seen.
One man’s address book is another person’s ledger.
Reaching out to clients during the pandemic: Sometimes what I need to do is just listen.
Property seized by police during an arrest is often subject to civil forfeiture proceedings whether or not the person is ever convicted of a crime.
Representing the bad guys: Criminal defense lawyers sometimes make tradeoffs when we take on domestic violence cases
Trying a case — in this case, a CPO hearing — against an unrepresented party is always an experience.
Although we may take the most pride in our skills in the courtroom, clients tend to care far more about how well we communicate with them over the life of the case.
Telling someone that you will “slap” his/her “bitch ass” is threatening on its face. But criminal threats require the ability to follow through.
D.C.’s new law on civil protection orders (CPOs) redefines the category of people eligible for protection. It also extends coverage to animals, minors and victims of sex trafficking.
Parties who prevail in a CPO hearing can file a motion asking the court to assess legal fees against the other party. Respondents must prove “bad faith.”
D.C. Superior Court has again extended the judicial emergency, this time through May 10, 2021. The Court will expand some operations.
Everything you need to know (webpages, emails and phone numbers) to navigate your way around D.C. Superior Court’s Criminal Division during the pandemic.
Meet my new investigator Bob. I think you will like him. Because every defendant deserves a good defense.
I have to be careful — as I grow more experienced and continue to age –that I don’t turn into the stereotype of the cranky old criminal defense lawyer.
It is reversible error for the trial judge to prohibit the defendant from testifying that he was acting in self-defense when the court had already concluded that the arresting officer had not used excessive force.
Although a person can always revoke consent to a warrantless search, such a withdrawal of permission must be clearly and unequivocally communicated. So held the D.C. Court of Appeals in Ford v. United States.
There is a “buyer’s agent” defense in D.C. after all – at least with respect to drug distribution charges involving marijuana.
Because the grandmother is deaf, she does not hear the police officers assembling on the front porch of her rowhouse.
Chief Judge Anita Josey-Herring has issued an order extending the pandemic-related judicial emergency in D.C. Superior Court through March 31, 2021.
Kevin McCarthy wants unity? The ball is in his court. He should start by acknowledging that he was wrong to propogate the lie of a rigged election. He should start with an apology.
Donald Trump’s problems go beyond a lack of manners or character. He is also a sociopath. He does not learn. He has no shame. He is driven only by immediate self-interest.
Like “reading the white space” on a police report (that is, focusing on what is NOT included), the “missing evidence” jury instruction “essentially creates evidence from non-evidence.”
Body worn cameras have forever changed criminal prosecutions. On balance, I think they help the defense. No longer do we need to simply take the officer’s word on things.
The D.C. Superior Court Criminal Division has increased the number of courtrooms — both remote and partially remote — that will operate during the pandemic.
Guest Post by Raymond Koehler on “Trump as Tragic Hero”
It can’t be much fun to watch a legal drama on TV with my wife and me. We understand the need to keep the story moving. But you need to get certain basics correct.
It is extremely unlikely that anyone but the most habitual offender will serve jail time for shoplifting in D.C. This is particularly true during the Covid-19 pandemic.
Both mandatory and statutory minimum sentences set a term of imprisonment that must be imposed. The difference is that a statutory minimum sentence can be suspended.
Like Oedipus, the classic tragic hero who was felled by his excessive pride and self-righteousness, Trump has been done in by his own personal failings. I am convinced, for example, that but for the fallout from Trump’s narcissism, he would have gone down in history as a successful two-term president.
For purposes of the misdemeanor sexual assault of minors statute, the D.C. Court of Appeals refused to limit the definition of “touch” to the act of “feeling” with one’s tactile senses — through, for example, the use of one’s fingers, hands, genitals or other sensory organs.
Civil protection order (CPO) hearings begin again in D.C. Superior Court. Trials in misdemeanor domestic violence (DV) cases in which the defendant is in custody will resume in December.
With the pandemic continuing to rage, and no end in sight, D.C. Superior Court will remain closed for most purposes through January 15, 2021.
Here are the recently posted judicial assignments for the D.C. Superior Court Criminal Calendar for 2021
Everything you need to know about clearing, expunging or sealing your criminal record in anticipation of background check for employment, adoption, immigration, volunteer opportunity or gun license.
A close relative — someone I have admired my entire life — is photographed wearing a red MAGA hat. It is one of the most upsetting photographs I have ever seen.
Having also practiced in Pennsylvania and Virginia, I have a basis for comparison when I say good things about the system in Washington, D.C.
I do not charge for free consultations. Nor, as a matter of practice, will I take over representation from another lawyer.
In the limited circumstances in which this is necessary, DC Code §16-806 provides for the unsealing of a criminal record that has previously been expunged/sealed.
A D.C. Superior Court judge — always one of my favorites — retires abruptly after being accused of sexually assaulting a 16-year-old girl.
D.C. Superior Court now offers WIFI and computers for remote access to hearings at 5 locations. Call 202-879-1900 or email DCCourtsRemoteSites@nulldcsc.gov.
I suspect that my remote-hearing persona may be more adversarial than my in-person one. And this concerns me: What does this say about me?
People really like my webpage on expunging your criminal record in D.C. They like the language so much they keep stealing it.
In a cynical attempt to elicit the court’s sympathy, the government blames Covid-19 for its delays in responding to motions to seal criminal records. Bureaucratic incompetence is the true culprit.
Use of the phrase “expungement of a criminal record” suggests that the record in question is truly erased/obliterated such that it no longer exists. Whether this actually happens – both practically-speaking and from a legal standpoint – is a bit more complicated.
Hearings with respect to DPAs, DSAs and other diversion programs in Washington, D.C. will be postponed because of Covid-19. Although the agreements will remain in effect during this time, the government has discretion to terminate the agreements early.
D.C. Superior Court remains closed for most purposes due to the Covid-19 pandemic. What this means for criminal cases is as follows.
Because of the Covid-19 pandemic, the time between March 18 and November 9, 2020 will be “tolled.” In other words, it will not count when calculating whether a defendant’s speedy trial rights have been violated.
“Please hold for the President of the United States.” What could be more exciting than to receive a telephone call with these words?
People laugh at your jokes when you are in a position of power. They return your phone calls. Our attention-seeking president is in for one rude awakening.
This, for now, is our piece of earth. I clear away the brush and stack the wood in a pile near the shed and think: This is the possible we hold so briefly to.
With the D..C. Superior Court finance office now closed because of the Covid-19 pandemic, courts costs, fines and fees can now be paid online or by mail.
Yes. You have the right to represent yourself in a legal matter. In fact, although virtually all defendants in a criminal case will be represented by a lawyer, parties at most restraining order hearings are acting pro se; that is, they are representing themselves.