(202) 549-2374
On character and grace
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.
On the “missing evidence” jury instruction in Howard v. US
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.”
Violation of BWC policy –> case dismissed
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.
D.C. Superior Court’s remote and partially remote courtrooms
The D.C. Superior Court Criminal Division has increased the number of courtrooms — both remote and partially remote — that will operate during the pandemic.
A Classicist’s Take on “Trump as Tragic Hero”
Guest Post by Raymond Koehler on “Trump as Tragic Hero”
Getting the rules of evidence wrong in HBO’s “The Undoing”
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.
Will I go to jail for shoplifting in D.C.?
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.
Mandatory vs. statutory minimum sentences
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.
Trump as tragic hero
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.
“Touching” versus “feeling” in Augustin v. United States
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.
CPO hearings and some DV trials begin again
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.
D.C. Superior Court will remain closed for most purposes
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.
Judicial Assignments for 2021: Criminal Calendar
Here are the recently posted judicial assignments for the D.C. Superior Court Criminal Calendar for 2021
Clearing/sealing/expunging a criminal record
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.
MAGA hat
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.
The professionalism of D.C. court staff during Covid
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.
Fielding general questions on D.C. criminal defense
I do not charge for free consultations. Nor, as a matter of practice, will I take over representation from another lawyer.
Unsealing your criminal record in Washington, D.C.
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.
Good judge. Bad person.
A D.C. Superior Court judge — always one of my favorites — retires abruptly after being accused of sexually assaulting a 16-year-old girl.
Remote sites now offered for D.C. court hearings
D.C. Superior Court now offers WIFI and computers for remote access to hearings at 5 locations. Call 202-879-1900 or email DCCourtsRemoteSites@dcsc.gov.
Call me Mr. Reasonable
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?
This website is plagiarized yet again
People really like my webpage on expunging your criminal record in D.C. They like the language so much they keep stealing it.
Bureaucratic delays plague motions to seal
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.
Are criminal records ever truly expunged?
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.
DPAs, DSAs and other D.C. diversion programs during Covid
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.
With exceptions, D.C. Superior Court remains closed
D.C. Superior Court remains closed for most purposes due to the Covid-19 pandemic. What this means for criminal cases is as follows.
How does the Covid-19 pandemic affect a defendant’s speedy trial rights in D.C.?
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.
Keeping the back-benchers in line
“Please hold for the President of the United States.” What could be more exciting than to receive a telephone call with these words?
Covfefe this
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.
That we should know the place as ours
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.
Paying D.C. court costs, fees and fines during Covid-19 pandemic
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.
Can I represent myself at a CPO hearing in DC?
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.
What should I bring with me to a CPO hearing in D.C.?
Although it is often helpful to have physical evidence to corroborate your version of events, the only thing you absolutely need to bring to a restraining order hearing in D.C. is yourself.
Obtaining a restraining order during the Covid-19 pandemic
With D.C. Superior Court now closed because of the Covid-19 pandemic, Civil Protection Orders (CPOs), Temporary Protection Orders (TPOs) and other forms of restraining orders must be obtained remotely.
Presenting your best self at a virtual hearing
I am nosy. I am also a snob. I am curious what people choose to display in the background behind them during virtual hearings.
An interloper on the SCTLA listserv
The judge issues the order on the very same day that I complain publicly on the SCTLA listserv. On a Saturday. After sitting on the motion for over 9 months.
Bianca Forde: The view from her side of the courtroom
The photograph depicts Bianca Forde sitting in a New York criminal courtroom. In this courtroom, however, she is sitting at the defense table. She is in casual clothes. And she is looking pretty unhappy.
My claim to fame
This website is my claim to fame at D.C. Superior Court. It is not my commanding courtroom presence or my oral advocacy skills. It is not even my good looks. It is this website.
On choosing a house. Or a lawyer.
Some clients will hire the first lawyer they reach by phone. Others will take more time. They interview multiple lawyers in person. They ask questions.
A “chance encounter” at the airport
Q: Well, let me spell it out for you. At the airport, you showed up out of the blue, uninvited. Just like in the song. A: I had no idea she and her boyfriend would be there.
Starting a criminal defense practice after Covid
The changes now being effected in response to the pandemic — specifically the trend toward on-line hearings — could pose challenges for new lawyers seeking to start criminal defense practices in D.C.
Criminal defense in the Covid era
We will learn. We will adapt. But as with so many other things in our lives, there will be the pre- and the post-Covid eras. Things will never be the same.
Expunging marijuana arrest/conviction in D.C.
Offenses that have been decriminalized (for example, the possession of a small amount of marijuana) present one of the most promising options for sealing or expunging a criminal record in Washington, D.C.
Unlawful Entry in D.C.: Odumn v. United States
According to D.C. Court of Appeals decision in Odumn v. United States, “a landlord may not prohibit a tenant from inviting a third party onto leased premises for a lawful purpose, nor may the landlord prohibit such third party from entering or exiting the property through the property’s common space.”
A “no-lose” question at a CPO hearing
You have to love the “no-lose” questions on cross-examination. Yes or no. You win no matter how the witness responds.
Writing about Covid-19 and the D.C. jail
How do you write about COVID-19 and the D.C. jail without resorting to hyperbole? How do you ask the judge to bend the rules?
The stupefied police officer
Police officers have all the answers on direct examination. The clarity and animation disappear when it comes time to answer questions from the defense.
Judges are human
The judge does not say: I am not willing to take your word for this, and I need to have a law clerk check this out. What he says instead: It is time for lunch. We will pass this matter until 2:00 pm.
White men, on the margin
My mother once said that the hardest part about getting old was the fear of being marginalized. She felt this particularly acutely as an older woman. She complained about feeling invisible.
Dealing with the crazies in C10
With almost 100 people making their way through arraignment court every day, it is inevitable that there will be a melt-down or two. After all, we are dealing with people who are finishing what for many of them will be the worst day of their lives.
Truth=good. Lie=bad.
Complaining witnesses lie on the stand. This never ceases to amaze me. They could be telling the absolute truth about events that led to the criminal prosecution. But when they get on the stand and they are challenged on details during cross-examination, they abandon the truth.
Stop plagiarizing my website
Last year I found out that Nabeel Kibria of Ervin Kibria Law had lifted whole blocks of language from my website for use on his.
Expunge your criminal record in D.C.: actual innocence
The fastest and most effective way to remove an arrest from your criminal record is to file a motion alleging actual innocence under D.C. Code §16-802.
The city belongs to the two of us
Thirty-five years ago, my wife would take a break from her law school studies to join me in the tiny bedroom of our apartment to watch a half hour of TV before bed. The world seemed so big back then; our concerns in retrospect so small.
Unlawful entry charge dismissed
According to recent D.C. Court of Appeals opinion, Foster v. United States, D.C. Housing Authority residents cannot be barred from accessing areas covered by their leases.
I try cases
I have taken 63 cases to trial since 2015. I have secured outright acquittals in 23 of these cases – roughly 37 % – and partial acquittals in an additional 8.
Dealing with Stuart Schuman of the Defender Association
Different people require different motivations. Schuman’s approach may have worked with some people. But it didn’t work with me: I was already trying as hard as I could. I didn’t need to be shamed into working harder.
I like Mr. Williams
There are tons of criminal defense lawyers eager to tell their war stories. But how many people have been acquitted of a felony criminal offense?
Police officers should not be advocates
Police officers have an instinctual unwillingness to agree with a defense attorney. Call me old-fashioned but I think it should be “just the facts, ma’m.”
“Imani is my best friend”
The best strategy, I have found, is to begin the conversation with an expression of concern about whatever grievance it was that launched the criminal proceedings to begin with.
Defining “possession, custody, or control” for Rule 16 purposes
In Weems v. United States, 191 A.3d 296 (D.C. 2018), the D.C. Court of Appeals defines “possession, custody, or control” for purposes of Rule 16.
Presenting your best self when soliciting business
When marketing your writing services through mass emails, it is a good idea to make sure there are no typos, misspellings or grammatical errors in your message.
Not guilty of destroying property
The evidence was consistent with an intent to open the car door, not to damage the door handle. The prosecution was therefore unable to prove criminal intent.
Good writing has a look
I have a new font: Century Schoolbook. My writing has improved already.
Hearsay through the eyes of our law student
When it comes to hearsay, there is only one phrase you need to keep in mind: Hearsay is an out-of-court assertion offered for the truth. If it doesn’t satisfy that definition, it is not hearsay.
The definition of “stuporous” and other dumb police-isms.
Imagine my delight upon seeing the term “stuporous” used in the police report. Sometimes officers try to do too much. They should stay in their lane.
Eavesdropping on Michael Jackson
Jackson spoke with three separate women, and he was a different person depending on which of the women he was on the phone with. He had phone sex with one woman.
Not guilty in unlawful entry case
According to the police report, our client was hanging out by one of the gas pumps when police pulled in. The body worn cameras proved otherwise. Not guilty!
Client acquitted of destruction of property
The evidence suggested that our client intended to exit the store, not damage property. There was also a question as to who actually broke the door.
“The person giving you free legal advice is an idiot”
I have four questions for the person who is giving free legal advice. Are you a lawyer? Do you do criminal defense? Do you do criminal defense in D.C.? If so, are you an idiot?
“You do not know how to read a Google Map?”
Q: So you followed him back to his house? A: I didn’t follow him. I was on my way to my mother’s house. She lives in that area. Q: You told police that your mother lives on B Street, right? THE COURT: Is that Northeast, Southeast – DEFENSE COUNSEL: — You told police that your mother lives on B Street, Southeast. Right? A: I don’t remember what I told …
Unlawful entry: Barring notice must be valid
In unlawful entry cases in which the defendant is charged with violating a DCHA barring order, the underlying order must be authorized by D.C. statute.
“Present Sense Impression” in Sims v. United States
In addition to contemporaneity and spontaneity, the proponent of a “present sense impression” hearsay exception must prove that the declarant personally perceived the event described.
Mike knew we loved him
Mike O’Neill of “Mike and Heather” has died. We drive up to the wake in Lansford, Pennsylvania. It is reassuring to see Heather and their four adult children.
Police officers are not neutral and disinterested witnesses
It is true that police officers have no stake in the outcome of the case. But they are hardly neutral and disinterested witnesses.
On being fired as a criminal defense lawyer
Although it is no fun to be fired by an unhappy client, there is no excuse for contradicting the client or for betraying client confidences.
Re-cross examination in Green v. United States
If the government introduces new evidence during re-direct examination, the defense has a constitutional right to question the witness about that new evidence.
Unlawful Entry in Rahman v. United States
The court found in Rahman v. U.S. that remaining in a restaurant for 10 minutes after being asked to leave was sufficient to be found guilty of unlawful entry.
Beautifying this website
As part of my effort to improve the look of this website, I am replacing stock legal photos with two types of images: D.C. landmarks and graffiti.
“Intent-to-frighten” assault in D.C.
“Intent-to-frighten” assault is defined as threatening or menacing conduct that is intended to cause the victim to fear immediate bodily injury.
Why am I charged with Theft II when I was arrested for shoplifting?
People who are arrested for shoplifting in Washington, D.C. are often surprised to find themselves charged with “theft II” when they show up for court.
A prosecutor is caught in a lie
An Assistant U.S. Attorney has been referred for disciplinary action after being caught misrepresenting facts before a U.S. District Court.
What is a “suspended sentence” in D.C.?
Jail time that is “suspended” will only be served if the defendant fails to comply with the terms of the sentence.
Is spitting on someone simple assault in D.C.?
Spitting on someone would satisfy the definition of an “offensive touching” provided that the government could prove that the defendant’s actions were intentional and not by mistake or accident.
Can you go to jail for a protective order?
Although a civil protection order (CPO) is a civil matter, not a criminal one, being the subject of a CPO can lead to criminal charges if you are accused of violating the order.
Excessive force is still the standard for self-defense in an APO case
The standard for asserting self-defense in an assault case involving a police officer is still whether or not the police officer used excessive force during the arrest.
Open season on police officers?
According to a plain reading of D.C.’s new resisting arrest statute, you can lawfully resist your own Terry stop.
Can a CPO be denied?
The court may not have “jurisdiction” (i.e., power) to issue the order. Or the court may decide, after holding a hearing, that there is not “good cause” to believe a crime was committed.
“This is great. We’ll take it.”
My wife and I have gone full circle. We started off our lives together in a small rental apartment in D.C. Three kids, four cities, six houses and a lifetime later, we are now back in a small rental apartment in D.C.
What should I do after receiving a hit-and-run letter from D.C. police?
The letter from the Metropolitan Police Department sounds ominous. Your car has been involved in a hit-and-run accident in D.C. You should come in for an interview at a specific time and place.
PDS offers help with criminal appeals
I am sitting with Jimmy Klein and Alice Wang in Klein’s office on the third floor of 633 Indiana Avenue, NW. Samia Fam and Jackie Frankfurter stopped in earlier. This is the dream team of appellate lawyers in D.C. and they are all offering input on an appellate brief I have been struggling with.
Prostitution arrests rise in D.C.
There is good news for D.C. criminal defense lawyers: Prostitution-related arrests can be expected to rise in the coming months.
Trial transcript: impeaching lying witness
Q: Ms. Jones. You realize that when the police interviewed you, they were wearing body worn cameras? A: Actually I didn’t know that. That’s not something I was aware of.
Expunging a drug conviction in D.C.
D.C. Code § 48-904.01(e) provides for the expungement of a drug case in Washington, D.C. upon the successful completion of pre-sentence probation.
Should my CPO hearing “trail” my criminal case?
Although the usual practice is for the CPO hearing to “trail” the criminal case, the defendant/respondent might want the CPO hearing to go first.
Should I file a cross-petition in a CPO case in D.C.?
If you have been served with a civil protection order (CPO) petition in D.C. and you yourself are the victim of abuse, you can file for a CPO of your own.
Do I need a lawyer for a CPO hearing in D.C.?
Although many people proceed without legal representation, a good lawyer can serve as your advisor and advocate, particularly if you decide to litigate the CPO.
Will expunged record show up in an FBI background check?
In most cases, the FBI will – as a courtesy – comply with a state court’s order to remove a criminal record from the National Crime Information Center (NCIC).
Finding reasonable doubt in a domestic violence case
There is always a defense in domestic violence cases in Washington, D.C.
Difference between domestic violence and simple assault in D.C.
A specific crime (e.g., simple assault) should not be confused with a general category of crimes (e.g., domestic violence).