Drugs: Admissibility of Statements
October 7, 2009
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…. Read More
Drugs: Search Warrants and Pedestrian/Car Stops
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… Read More
Penalties: Drug Distribution
October 6, 2009
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… Read More
Penalties: Simple Possession of Illegal Drugs
October 5, 2009
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… Read More
Drug Distribution
October 3, 2009
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… Read More
DUI/DWI: Trial Issues
September 24, 2009
If the defendant is not eligible for diversion and if either there is no Motion to Suppress or the Motion to Suppress is denied, then the defendant faces trial. As described in earlier entries, there are two things… Read More
DUI/DWI: Litigating a Motion to Suppress
September 23, 2009
In ruling on a Motion to Suppress in a DUI/DWI case, the court will look at the “totality of the circumstances” affecting the police officer’s decision to stop, arrest, and test the defendant. Defense counsel will therefore challenge… Read More
DUI/DWI: What is a Motion to Suppress?
September 22, 2009
If diversion is not an option for a client charged with DUI/DWI, the next step — also pre-trial — is to look at the legality of the stop. In other words, why did the police officer pull over… Read More
DUI/DWI Diversion Program
September 21, 2009
Getting pulled over for drunk driving can be an unsettling experience for most people. For many clients, the experience represents the first time they’ve ever been arrested. Being charged with DUI or DWI is even worse. So it… Read More
Chemical Test Refusals Under DC’s DUI/DWI Statutes
September 19, 2009
Assuming you have not been in an accident, you can refuse to take a breath, blood, or urine test in the District of Columbia after being pulled over by a police officer for suspicion of driving while intoxicated… Read More
