Entrapment in D.C.: The Legality of Recent Decoy Operations

Jamison KoehlerCriminal Procedure, Defenses to Criminal Charges, Legal Concepts/Principles

Your client is heading home, minding his own business, when he comes across what appears to be a homeless man sleeping on a bench at the metro station. Sticking out of the man’s coat pocket is a shiny new I-Phone. In a moment of weakness, your client grabs the I-Phone and is immediately taken to the ground by both the …

U.S. Capitol Building

List for D.C. Juvenile Panel is Out

Jamison KoehlerCurrent Events, D.C. Superior Court

The list of lawyers approved to take on court appointments for juvenile cases is now out. D.C. Superior Court Chief Judge Lee Satterfield issued the order approving the list on February 27. The appointment is good for four years. The process began last summer when all members of the Panel were asked to re-apply. The Family Court Panel Oversight Committee, …

D.C. skyline

I Am Not A Traffic Lawyer. Except When I Am.

Jamison KoehlerDUI and Driving Offenses, Law Practice

When I first went out into private practice in 2009, I was tempted to take on traffic cases. After all, my wife and I may not know many habitual criminals, but we do know lots of people who get in trouble with traffic enforcement: parking tickets, speeding, failure to display proper tags, and so on. Suddenly all these people were …

Aerial view of DC

On Sluts, Whores, and Rape in the Military

Jamison KoehlerCurrent Events

I found out about the press conference this morning when Susan asked me for feedback on the suit she was wearing. “How come nobody from the media ever talks about the good-looking and supportive husband?” I asked her. Craving attention almost as much as she eschews it, I was annoyed the last go-round when one of the media reports mentioned …

Jefferson Memorial

Second Careers: Law School After 40

Jamison KoehlerLaw Practice

Forty-three years old when I started my legal career, I loved law school and I love practicing law. The thing about the law is that there is also something new to learn.

Aerial view of DC

Grace. Class. Loyalty to the Client.

Jamison KoehlerProfessional Responsibility/Ethics

  “I want a new lawyer.” The defendant and his lawyer have clearly had some type of disagreement, and this is what the defendant, standing at the bar of the court alongside counsel, says to the judge. Who knows what the issue is?  Maybe the lawyer wasn’t returning phone calls. In this case, the defendant would be justified in seeking …

Jefferson Memorial

Unauthorized Use of a Motor Vehicle: Applying the Notion of a “Grace Period”

Jamison KoehlerDefenses to Criminal Charges, Legal Concepts/Principles, Other Criminal Offenses

  The judge doesn’t like my idea of a “grace period.”  In fact, he chuckles when I propose it:  “I have never seen any case law on that,” he says. I was not trying to be funny. My client has been charged with both unlawful entry and unauthorized use of a stolen car in which he was a passenger. Unlawful …

U.S. Capitol building

On the Criminal Defenses of “Justification” and “Excuse”

Jamison KoehlerCriminal Procedure, Defenses to Criminal Charges, Legal Concepts/Principles

  How can you not love the criminal defenses? With the government burdened with proving every element of an offense beyond a reasonable doubt, one criminal defense strategy is to challenge the identity of the perpetrator. Yes, says the defense lawyer in an alibi defense. I am sure the crime was committed, and wasn’t it a particularly egregious one at …

Withdrawing a Guilty Plea

Jamison KoehlerCriminal Procedure

  It is never easy to plead guilty. As the cliché goes, if you plead guilty, there is a 100% chance that you will be found guilty. Nobody likes to stand up in open court and admit to a list of terrible actions recited by the prosecutor. And the greatest expressions of regret I hear from defendants are often based …

American flag

Ray Koehler on “Fiat Iustitia Ruat Caelum”

Jamison KoehlerLegal Concepts/Principles

  Guest Entry By Raymond Koehler My initial enthusiasm at being invited to write a piece for my brother’s law blog quickly turned to concern.  I am a Latin teacher, not a lawyer, and although I often find myself citing my brother in defense of my subject before the incoming hordes of freshmen – twenty-seven to a class – I …

Susan and Frank

“A Military Brat With Daddy Issues”

Jamison KoehlerCurrent Events

There are people in this world, it turns out, who don’t like my wife.  It is not surprising that, along with the fans, her high-profile public interest and human rights cases have also attracted her share of detractors.  When you sue a major U.S. company for illegally dumping its waste in a developing country, people will assume you are anti-big …

Jefferson Memorial

Coles v. U.S.: The Right to a “Meaningful Degree” of Cross-Examination

Jamison KoehlerCriminal Procedure, Evidence, Legal Concepts/Principles, Opinions/Cases

  Although the ability to cross-examine a witness is a critical component of the Sixth Amendment right to confront your accusers in a criminal case, this right is not without boundaries:  “Once sufficient cross-examination has occurred to satisfy the Sixth Amendment, . . . the trial judge may curtail cross-examination because of concerns of harassment, prejudice, confusion of the issues, …

On Ethical Issues Raised by “Letter Lawyers”

Jamison KoehlerLaw Marketing/Networking, Professional Responsibility/Ethics

  Mark Bennett refers to them as “letter lawyers”; they are the lawyers who, with the hopes of securing new clients, send out advertising materials to the people whose names and addresses have been listed on public arrest records. A friend of ours was charged recently with a misdemeanor traffic offense and received over 20 letters in the mail.  She …

D.C. skyline

No Meetings for Criminal Defense Lawyers

Jamison KoehlerLaw Practice

  I went to my first meeting yesterday in over 10 years. Believe me, I know my way around a meeting.  During my first career in the government, I did nothing but meetings:  budget meetings, planning meetings, team meetings, agency meetings, inter-agency meetings. Half of my day was spent planning for meetings. The other half was spent sitting in them. …

U.S. Capitol Building

Avoid Tit for Tat When Confronting Expert Witnesses

Jamison KoehlerTrial Advocacy

  Guest Post by “Hamilton Burger” Every trial lawyer faces that sharp chill in the middle of the night, when your mind refuses to let go of your upcoming trial — and you realize that your opponent has an expert witness who is going to crush your case. You may be a defense lawyer who has to prepare a trial …

Aerial view of DC

Ode to My Investigator

Jamison KoehlerInvestigations, Juveniles

  I botched the investigation. I went to the store on Upper Wisconsin Avenue in which my client was alleged to have committed a robbery.  While there, I neglected to look for a critical piece of evidence:  whether or not there was a surveillance camera over the cash register.  As a result, my investigator Wayne Marshall had to go back …

Jefferson Memorial

Cross-Examining a Prosecutor

Jamison KoehlerCriminal Procedure, Evidence, Trial Advocacy

  I have been called to testify in a criminal case. A couple of weeks ago I represented a woman seeking a civil protection order against a former boyfriend. With the boyfriend now facing criminal charges for contempt of court, certain admissions he made to me during the course of that representation have become relevant to the criminal proceedings. It …

Jefferson Memorial

I’ll Press “Publish”

Jamison KoehlerCriminal Law Bloggers

  Many mornings before the start of a trial, I find myself writing a blog entry.  This initially struck me as odd. Shouldn’t I be putting final touches on my opening statement and focusing on the issues I expect to arise at trial?  Then it occurred to me:  In addition to the many other reasons I blog, blogging serves as …

U.S. Capitol building

Confrontation Clause Be Damned: D.C. Continues to Use Surrogate Witnesses in DUI Cases

Jamison KoehlerCriminal Procedure, DUI and Driving Offenses, Legal Concepts/Principles

  Michael Bruckheim was scheduled to cross-examine Lucas Zarwell, the chief forensic toxicologist in D.C., and a group of DUI lawyers had gathered outside Room 116 yesterday afternoon shortly before 2:00 pm. Zarwell testified before city council last May that urine samples taken by police to test suspected drunk drivers are not reliable enough to accurately measure a person’s blood …

U.S. Capitol Building

Confronting the Silent Witness — the Breath Test Machine — in a DWI Case

Jamison KoehlerDUI and Driving Offenses

  The government vouches for him.  He himself doesn’t need to come to court, much less explain the basis for his conclusions.  His “testimony,” which is delivered through an interpreter, consists of nothing more than a couple of numbers and some pre-set generic language. There is no opportunity to cross-examine him. And yet the court can send the defendant away …

Dealing with the Parents of a Juvenile Client

Jamison KoehlerJuveniles

My client’s mother is annoyed with me.   She disagrees with her 16-year-old son’s decision to take his case to trial, and she is convinced I am the one who talked him into it.  She’s partially right; in this particular case, I did recommend trial.  But it does not matter if the child is 16 years old or 11 years old, …

Jefferson and Washington monuments

A Letter of Apology After a Guilty Verdict

Jamison KoehlerCriminal Procedure

  After finding my client guilty of simple assault, the judge orders my client to write a letter of apology to the complaining witness. I can understand an apology after a guilty plea.  After all, acknowledgment of remorse could be an important part of the rehabilitation process.  What I don’t understand is the need for an apology after the defendant …

Brilliant Trial Lawyer or Simple Ass?

Jamison KoehlerCriminal Procedure, Humor, Trial Advocacy

  MR. KOEHLER:  Objection.  Relevance. THE COURT:  Mr. Koehler, you can sit down. MR. KOEHLER:  Your honor, this is absolutely ridiculous. MR. RIORDAN:  No, it’s not. THE WITNESS:  No, it’s not. MR. KOEHLER:  It is completely irrelevant. THE WITNESS:  What’s ridiculous is how [the petitioner] gets away with all this stuff. THE COURT:  I really can’t properly judge the relevance …

Aerial view of DC

D.C. Welcomes Jackie Cadman

Jamison KoehlerD.C. Superior Court

Mani Golzari told me she was coming to D.C., but I had no idea she was already here until I ran into her yesterday in the basement of Moultrie, heading to her first arraignment.  I was not prepared for her hug because, well, I am an uptight kind of guy. Jackie Cadman has arrived. When I introduced Golzari on this …

Being Found Guilty After Pleading Guilty

Jamison KoehlerCriminal Procedure, Sentencing

  If you plead guilty, there is a 100% chance that you will be found guilty. Or something like that. I read that on the Internet a few weeks ago and, while I can’t remember who said it for attribution, I had the opportunity to use this clever little phrase just the other day. It is what you tell a …

I Hate Latin: Res Ipsa Loquitur

Jamison KoehlerLegal Concepts/Principles, Miscellaneous

  I only took two years of Latin in High School. It was years before I actually admitted this to my children.  Because I often cited the Latin origins of a word, they assumed I was this great Latin scholar.  It was not until their education in the language began to overtake mine that I had to admit to them …

Aerial view of DC

The 2011 ABA Journal Blawg 100

Jamison KoehlerCriminal Law Bloggers

Last year I wrote about the ABA’s annual list of the top 100 legal blogs – the ABA Journal Blawg 100 – asking readers to vote for their (and my) favorite blogs for 2010. I repeat that request this year with the benefit of being able to ask you to vote for my blog as well.  I was very honored …

U.S. Capitol building

On Roses, Scam Artists, and Criminal Defense

Jamison KoehlerMiscellaneous

  A number of years ago, while on vacation in Miami, my family and I were sitting in a restaurant when a man approached the table and handed my then 15-year-old daughter a paper rose.  Angered by the intrusion, I took the rose from my daughter and tried to hand it back to him.  The man refused to take it.  …

D.C. skyline

Terry v. Ohio as a Seinfeld Episode

Jamison KoehlerCriminal Procedure, Opinions/Cases

  I have often said that you can explain everything in life through a Seinfeld episode. And while there is no single case that does for criminal law what Seinfeld does for life, Terry v. Ohio comes pretty darn close. It is not that Terry is my favorite case. After all, it expanded the scope of constitutionally permitted searches.  But, …

Jefferson Memorial

Blame the System, Not The Judge, In The Tyronn Garner Matter

Jamison KoehlerJuveniles

  What happens if I release him and he goes out and kills someone?  What happens if I release him and he goes out and gets himself killed? You know these questions are going through the judge’s mind every time a defense attorney argues for a client’s release.  It is the great unspoken in the court room.  It is why …

Jefferson and Washington monuments

A Solo Practitioner as Trapeze Artist

Jamison KoehlerLaw Practice

  Years ago, back when the children were little and we lived in Arlington for the first time, we decided to go to the circus.  I drove over to the baseball field in Ballston earlier in the day, and bought the tickets from a young Hungarian woman working out of a trailer.  It was a small, family-owned circus with one …

American flag

Tardy Prosecutors, Gutsy Judges

Jamison KoehlerLaw Practice, Trial Advocacy

  Judge Milton Lee of D.C. Superior Court takes the bench at 9:00 am. Promptly. Every morning. Without fail. One of my biggest complaints about the Office of the Attorney General in D.C. is that its prosecutors often waltz into court well after 9:00 am every morning, usually minutes before the judge takes the bench. This can make life difficult …

Jefferson Memorial

Why Police Officers Love the “Plain View” Exception

Jamison KoehlerCriminal Procedure, Evidence, Legal Concepts/Principles

  Police officers love the “plain view” exception to the Fourth Amendment requirement for a warrant. It is because this exception is so straightforward and understandable:  I didn’t need a warrant because I saw it with my own eyes.  I immediately recognized it as contraband.  So I grabbed it. All the other exceptions are much more complicated, and the law …

U.S. Capitol building

“The One Question Too Many”

Jamison KoehlerTrial Advocacy

  My colleague — the lawyer for the co-defendant in one of my cases – is annoyed with me. We each represent a person charged with robbery at a metro stop, and I am cross-examining the police officer at a preliminary hearing. Our theory is mistaken identification, and I am trying to establish how many people were at the station …

Representing People, Not Files

Jamison KoehlerLaw Practice

  A supervisor at the Philadelphia public defender’s office used to tell us all the time that we were representing people, not files.  This really got on our nerves.  As one colleague put it:  Maybe he needs to be reminded of that fact.  After all, he sits in his office all day doing nothing more than reviewing the files we …

D.C. skyline

On Trial Tactics — Intentional and Otherwise

Jamison KoehlerHumor, Trial Advocacy

  I am sitting in court waiting for trial to begin.  The charge is assault on a police officer. I have just been given a video recording in another case and I decide to use this time to watch it. So I pull out my laptop and stick it in. My viewing of the video seems to raise the attention …

Jefferson Memorial

Why I Hate D.C.’s “Threats to do Bodily Harm” Statute

Jamison KoehlerAssault, Opinions/Cases

  Your client is 19 years old.  She weighs 105 pounds and stands under five feet tall. Having been arrested for a minor offense, she sits handcuffed in a room surrounded by police officers. Her eyebrow is bleeding from a cut she suffered from being thrown up against a chain link fence. All the police officers are male. They are …

D.C. skyline

Jack Lambert and My Investigator

Jamison KoehlerCriminal Procedure, Humor, Miscellaneous

  Wayne, my investigator, thinks he is being subtle. He insists on escorting me out of a bad neighborhood whenever we finish a crime scene investigation, and he doesn’t realize I can see him lingering down the street as I climb into my car. But this guy is bigger than his childhood hero, Jack Lambert of the Pittsburgh Steelers, and …

D.C. skyline

A Public Defender Just Doing His Job

Jamison KoehlerD.C. Superior Court, Trial Advocacy

  I am watching Mani Golzari of the D.C. Public Defender Service cross-examine a police officer at a probable cause hearing. Of all the cross-examinations I have either done or seen this past week, Golzari’s is undoubtedly the best. Golzari was a rising superstar when we worked together at the public defender’s office in Philadelphia, and he is even better …

Jefferson Memorial

On Police Officers and Other Bullies

Jamison KoehlerEvidence, Trial Advocacy

  I am sitting in JM-15 at D.C. Superior Court watching a Georgetown University law student cross-examine a police officer on a drug case. The officer is doing the old “dumb officer” routine; that is, he can’t seem to understand any of the questions, even though it is perfectly clear to everyone else in the courtroom what the student is …

D.C. skyline

Why I Like Surveillance Cameras

Jamison KoehlerEvidence, Social Media and Technology

  A proposal to install indoor surveillance cameras at Fairfax County schools in Virginia has created quite a controversy.  With many parents still upset over harsh disciplinary practices in the schools that have led to a couple of suicides, critics of the proposal have expressed concern over any further encroachment on the civil liberties of students.  They see the proposal …

On Prison Tapes: Eavesdropping on Your Client

Jamison KoehlerCriminal Procedure, Social Media and Technology

  I am dealing with a “hide-the-ball”-type prosecutor in Virginia. I have gotten spoiled from working with D.C. prosecutors; they are usually pretty upfront about what they have against your client.  There are no ambushes or surprises.  Your client has better information in deciding whether to plea.  Everyone is better off for it. This is not that kind of prosecutor.  …

American flag

How Criminal Charges Can Jeopardize a Security Clearance

Jamison KoehlerOther Criminal Offenses

  Of all the collateral consequences of a criminal arrest or conviction, one of the issues of greatest concern in the DC/Maryland/Northern Virginia area could be the effect of an arrest or conviction on a person’s security clearance.  After all, with many military personnel and defense contractors living in the area, there are many people here who require a security …

D.C. skyline

Sometimes A Guilty Verdict Is a Win (At Least That Is What I Tell Myself)

Jamison KoehlerFirearms/Weapons, Law Practice, Trial Advocacy

  Although Virginia juries have a reputation for being unforgiving, I have also been told that juries in Prince William County can be pretty unpredictable. Going into trial yesterday, my client was facing a mandatory 5-year sentence for being a violent felon in possession of a firearm.  During execution of a search warrant at his home, police had recovered a …

U.S. Capitol building

A Lesser Standard for Proving Culpability in Juvenile Cases

Jamison KoehlerJuveniles

  During my first couple of weeks with the Juvenile Division at the Philadelphia Public Defender’s Office, I took what I believed to be a very strong case to trial. My client had been charged with aggravated assault against another young woman.  I had a couple of witnesses who testified that my client had actually intervened in order to break …

Jefferson Memorial

A Wedding in Sarzeau

Jamison KoehlerCurrent Events

The French have always brought out a certain competitiveness in me.  Maybe it’s because I know they view us Americans as crass and cultureless.  It was therefore with some pleasure that I read about the discomfort they felt when we elected Barack Obama to office; they realized that, unlike us, they were not yet ready to elect a member of …

U.S. Capitol Building

Blades v. U.S.: On Cross-Examination and Bias

Jamison KoehlerEvidence, Opinions/Cases

The right to cross-examine witnesses is one of the defendant’s most important trial rights.  And, among the areas for cross-examination, what could be more important than bias?  An inability to accurately perceive events could result in an honest mistake.  Bias suggests that the witness might be deliberately coloring the testimony. In Blades v. United States, 25 A.3d 39 (D.C. 2011), …

Explaining the Rakofsky Defamation Suit on an Application

Jamison KoehlerHumor

Filling out an application can be a painful process for anyone who has ever been arrested or convicted of a crime. What specifically is being asked? What is an honest response? And how can I put this response in the best possible light so that it doesn’t torpedo my chances of having the application approved? Most applications used to ask …

Aerial view of DC

If You Can’t Afford a Lawyer, Just Pay the Fine

Jamison KoehlerHumor

Defense strategy of pro se defendant this morning consisted mostly of making faces during the police officer’s testimony.  Note to self:  Not real effective.  Surprisingly enough, the prosecutor still felt the need for argument.

U.S. Capitol building

The Blackwater Fraud Trial: Ode to Plaintiff’s Counsel

Jamison KoehlerCurrent Events

The Blackwater fraud trial begins tomorrow. For the next two weeks or so, my wife and her team will be sequestered within a two-block radius of the federal courthouse in Alexandria, Virginia, commuting between their hotel, their temporary office, and the courthouse. It is a David and Goliath confrontation right out of Erin Brokovich or A Civil Action. If you …

On Hoopties and Shell Stations: The Benefits of Visiting a Crime Scene

Jamison KoehlerInvestigations

  Yet another benefit to private practice – as opposed to being a public defender – is that you have more time for investigations. Wayne, my investigator, actually handles most of my on-scene investigations.  As a former cop, he knows what he is doing. He has a great way with clients and witnesses. He also knows every Shell station, Seven-Eleven, …

Drinking Ouzo at the Hotel Coronis

Jamison KoehlerCurrent Events

During a couple of summers while in college, I worked as a bartender at a hotel bar in southern Greece. It was not a big place – just a couple of tables and three or four stools at the bar. Most of our customers were hotel guests who came in for a quick drink before dinner:  vacationing Greeks from Athens, …

Jefferson and Washington monuments

In Re Gault: “Constitutional Domestication” of the Juvenile Justice System

Jamison KoehlerCriminal Procedure, Juveniles, Opinions/Cases

There are only a small number of criminal cases that all lawyers, even those who don’t practice criminal law, seem to know.  Although Miranda v. Arizona is probably the most famous, there is also Gideon v. Wainwright (right to counsel), Wong Sun v. United States (suppression of illegally obtained evidence), Crawford v. Washington (right to confrontation), and In Re Winship …

Jefferson and Washington monuments

Rakofsky v. The Washington Post: Being on the Other End of the Attorney-Client Relationship

Jamison KoehlerCriminal Law Bloggers, Current Events, Professional Responsibility/Ethics

Over at My Shingle, Carolyn Elefant muses about finding herself on the other end of the attorney-client relationship; in this case, as one of over 80 defendants in what started out as Rakofsky v. The Washington Post, what one wag dubbed Rakofsky v. The Internet, and, with Rakofsky’s lawyer giving notice to withdraw from the case, what now appears to …

On Ashe v. Swenson: Double Jeopardy and Collateral Estoppel

Jamison KoehlerCriminal Procedure, Defenses to Criminal Charges, Legal Concepts/Principles, Opinions/Cases

Many laypersons suffer from misconceptions about the protections offered by the Double Jeopardy Clause contained in the 5th Amendment to the Constitution. As Blonde Justice pointed out in one of her funnier posts, for example, double jeopardy does not cover the situation in which the defendant is forced to show up twice for court appearances on the same charge.  Nor does …

U.S. Capitol building

Motions to Dismiss in Rakofsky Defamation Case

Jamison KoehlerCurrent Events

Here is the motion to dismiss, filed by my lawyer earlier this week on my behalf, in the Rakofsky defamation case, Joseph Rakofsky v. Washington Post, et al. Also representing Max Kennerly and Mirriam Seddiq in the same suit, David Brickman filed similar motions to dismiss for each of them.  

Jefferson and Washington monuments

Anna Quindlen on the Fortune of Today’s Graduates

Jamison KoehlerCurrent Events

  I am a long-time fan of Anna Quindlen.  Here, courtesy of The New York Times, is an excerpt from her recent commencement address at Grinnell College at which she was in typically fine form: Your parents, proudly here today, and their parents before them, perhaps proudly here today, understood a simple equation for success:  your children would do better than …

U.S. Capitol building

On the Life of a D.C. Staffer: Sympathy for Huma Abedin

Jamison KoehlerCurrent Events

I feel badly for Huma Abedin, and not only for the reason you might expect.  Yes, with her husband’s confession yesterday that he lied about the Twitter photographs, she has joined Silda Spitzer, Dina McGreevy, her boss Hillary Clinton, and a long list of women who have had to endure the humiliation of a public sex scandal.  But I also …

D.C. skyline

Life at the Prince William County Courthouse

Jamison KoehlerLaw Practice

  We are in the cafeteria of the Prince William County courthouse in Virgina, at lunch during what is expected to be a one-day jury trial. At a table behind me is a judge holding forth to a group of young people.  He speaks.  The young people lean forward and laugh, and I think of something a former administration official …

U.S. Capitol building

Resuscitating the Joseph Rakofsky Fiasco

Jamison KoehlerCriminal Law Bloggers, Current Events

Last month, in what has to be one of Daniel Snyder’s stupidest moves ever, the Washington Redskins’ owner filed suit against the City Paper for an article that was critical of Snyder and his stewardship of the team.  The filing prompted an avalanche of other new reports and articles rehashing the criticisms contained in the City Paper and questioning Snyder’s …

When Your Business Card Is More Memorable Than You Are

Jamison KoehlerHumor, Law Marketing/Networking

I am pretty good with faces and with names.  I have always been impressed — almost flattered — by people who remembered my name after a single meeting, and at one point early in my career, I decided to make a more concerted effort to learn people’s names upon meeting them and to commit those names to memory. The problem, …

U.S. Capitol building

Trial Ad 101: On Reading A Closing Argument at Trial

Jamison KoehlerTrial Advocacy

Sitting in Room 117 of D.C. Superior Court last week, I caught the tail end of a bench trial in which the defense attorney read her closing argument from a sheet of paper. I have no idea how persuasive the content of her argument was because the delivery was so poor.  I had the feeling I was sitting in an …

Joyriding With Stanny Bum

Jamison KoehlerMiscellaneous

Many of the rude words and gestures I know today I learned from driving with my father while growing up. I didn’t learn these things from my father, because I never once heard him utter a bad word. It wasn’t that using a curse word was in bad taste, though he clearly thought that too. It was that it was …

U.S. Capitol Building

Changing the Name of the Washington Redskins

Jamison KoehlerSports

  D.C. Fire Department Chief Kenneth Ellerbe created a minor controversy recently when he proposed changing the name of his department to Fire Emergency Medical Services (FEMS).  Ellerbe suggested that, since the department also provides emergency care for the sick and injured, the new name would more accurately describe the department’s functions. In addition to causing some confusion, the major …

U.S. Capitol building

The “Back Story” in a Civil Protection Order Hearing

Jamison KoehlerDomestic Violence

I took a break yesterday afternoon from losing to Norm Pattis at Words with Friends to finish up a civil protection order hearing in D.C. Many colleagues eschew any case involving a domestic dispute.  The cases are messy.  People tend to cry.  There is lots of emotion and not much law. I, on the other hand, love these cases.  I …

Aerial view of DC

On the Defendant’s Acceptance of Responsibility at Sentencing

Jamison KoehlerCriminal Procedure, DUI and Driving Offenses, Sentencing

Earlier this week, I caught the tail-end of a DWI trial in which Michael Bruckheim was representing the defendant. Bruckheim had attended portions of my last DWI trial in D.C., and I decided to repay the favor. I wanted to see him cross examine the same police officer who had testified in my case. And, recognizing that everyone has a …

Jefferson Memorial

DWI Defense Is Not For Beginners

Jamison KoehlerDUI and Driving Offenses

You would think that Jeff Gamso, as a criminal defense lawyer focusing on death penalty cases, might look down his nose at lawyers handling drunk driving cases.  After all, the difference in stakes is enormous. You would be wrong.  In the same blog entry in which he vents about listservs, Gamso criticizes the notion, often seen on listservs, that new …

Aerial view of DC

Quarles v. Commonwealth: Coerced Confessions in Virginia

Jamison KoehlerCriminal Procedure, Opinions/Cases

In Quarles v. Commonwealth, a recently issued opinion by the Virginia Court of Appeals, the court considered a set of facts similar to the U.S. Supreme Court case of Rhode Island v. Innis.  However, finding a number of ways to distinguish this case from Innis, it concluded that the defendant’s confession should have been suppressed as the product of police …

Jefferson Memorial

More on Joseph Rakofsky: The Story Keeps Getting Worse

Jamison KoehlerCurrent Events, Law Marketing/Networking, Law Practice, Professional Responsibility/Ethics

“We really didn’t check him out.  He said he was this and could do that.  We thought he was telling the truth.” — Henrietta Watson, grandmother of defendant Dontrell Deaner The blogosphere has been abuzz the past week with the story of Joseph Rakofsky, a 33-year-old lawyer two years out of law school who took on a murder case in …

American flag

Alternative Treatment for First-Time Drug Offenders in D.C.

Jamison KoehlerDrug Offenses

With first-time offender treatment in D.C. generally restricted to marijuana possession, prosecutors frequently offer consideration under Section 48-904.01(e) of the D.C. Code as an alternative to taking a case to trial. Depending on the case, treatment under the Section can in fact be the preferred option for people charged with first-time possession of cocaine and other illegal drugs. However, unlike …

U.S. Capitol building

On Challenging a Prostitution/Sexual Solicitation Case in D.C.

Jamison KoehlerOther Criminal Offenses

A couple of years ago, I was representing a client on a prostitution solicitation charge in Philadelphia. I had worked out a deferred prosecution agreement with the government according to which the assistant district attorney would postpone prosecution and then dismiss the charges against my client if he successfully completed a period of 9 months of probation. As my client …

U.S. Capitol building

Lives of “Quiet Desperation”: More on Jailhouse Lawyers

Jamison KoehlerCriminal Procedure

Over at Chicago Criminal Defense, Marcus Schantz writes about the challenge of representing an incarcerated client who fancies himself a lawyer. With much at stake, time on his hands, and access to a prison “library” (often a converted broom closet with a few outdated law books), a client might spend hours poring over law books, drafting motions, and developing strategies for …

Rakofsky Dismissed in D.C. Murder Trial

Jamison KoehlerCurrent Events, Other Criminal Offenses

I have always been somewhat suspicious of reports in the criminal law blogosphere about lawyers who misrepresent their credentials or who otherwise fail to meet the needs of their clients. Maybe I am naïve but I have questioned how frequently this actually occurs. And just as anything I might say could be viewed as suspect, I have been struck by …

D.C. skyline

The “Collective Knowledge” Doctrine in D.C.

Jamison KoehlerEvidence, Opinions/Cases

  The firmly established “collective knowledge” doctrine in D.C. provides that, in determining whether the officers possessed sufficient knowledge to establish reasonable suspicion or probable cause for a search or seizure, it is not what any individual officer knows but what the officers know collectively, whether or not the information is actually communicated from one officer to another. At the …

Jefferson Memorial

Why I Hate Guilty Pleas

Jamison KoehlerCriminal Procedure

Having a client accept a guilty plea is like getting all dressed up for the prom and then deciding to stay home. On Friday I stood with the prosecutor outside a Prince William County courtroom on a driving while intoxicated (DWI) case. I had my trial notebook in one hand bursting with photographs of the scene and breath test records …

Jefferson and Washington monuments

Second Chances in Virginia

Jamison KoehlerCriminal Procedure

  Here, for free, is my simple legal advice: Whatever you do, don’t get arrested in Virginia. The Commonwealth is, as far as I can tell, one of the worst places to find yourself when facing criminal charges. The laws are tough, and judges, prosecutors and juries are typically unforgiving.  Offenses that would be considered akin to a traffic infraction …

Notes on a Lost Trial

Jamison KoehlerLaw Practice

Eleven months of wrangling comes to this:  a two-day trial in D.C. Superior Court. The argument on pre-trial motions starts out well, and I find myself in the enviable position of sitting on the sidelines as the judge goes back and forth with the prosecutor.  It is usually a good idea to stop talking when the judge is agreeing with …

Aerial view of DC

Two Poems on Snow

Jamison KoehlerMiscellaneous

  Snow I wake, and think so this is how it comes, no thunder, wind, or windstorm’s violence to rend our lower nature, only a presence. Outlines are familiar: light was present yesterday. Without event the miracle is here. Given the day, let crystal loose on me, to see beyond the accident of snow, this brilliance touched with rose. @ …

U.S. Capitol building

On Making Life Easier for Police Officers

Jamison KoehlerCriminal Procedure

Of all the tricks used by police officers, one of the most devious – yet harmless – tricks I have heard is the ploy they use to take a DWI suspect into custody after deciding to make the arrest. The purpose of this particular trick is not to improve detection techniques or to get a reluctant suspect to confess. It …

D.C. skyline

Confronting School Disciplinary Officials

Jamison KoehlerCurrent Events

Nick Stuban was 15-years-old when he committed suicide last month.  Once a “model student” and “quick-footed linebacker” for the football team at W.T. Woodson High School in Fairfax County, Stuban had been suspended from school for 10 days after he was caught buying a capsule of JWH-018, a synthetic compound that produces a marijuana-like effect. Ten days turned into seven …

Aerial view of DC

The “Oopsie” Phenomenon and Other Problems with Urine Tests

Jamison KoehlerDUI and Driving Offenses

With the use of breath test machines temporarily suspended in D.C. because of calibration and accuracy problems, people arrested under suspicion of drinking and driving are currently being administered urine tests. Generally considered even less reliable than the breath test as a surrogate measure for blood alcohol concentration, urine tests present at least four different problems for the government. First, …

On Dentists and Monkeys: Fifty Years On

Jamison KoehlerMiscellaneous

  This is four or five years ago:  I drive my father to the dentist.  My father has been going to this same dentist for 50 years. The dentist used to clean my teeth. Once, when I was about 10 years old, he walked out into the waiting area during a break and announced to the receptionist – within hearing …

Blawg Review #296: Images From The Criminal Law Blawgosphere

Jamison KoehlerCriminal Law Bloggers

A professional photographer and artist once told me the story about trying to photograph his mother. He had hoped for a candid shot, and was initially resistant when she insisted on fixing her hair and putting on makeup first.  On thinking about it further, he decided that an arranged photograph would say far more about his mother than any spontaneous …

Aerial view of DC

After The Snow

Jamison KoehlerMiscellaneous

  On Twitter, we can hear Mirriam Seddiq swearing for five hours because she is stopped in bumper-to-bumper traffic on the beltway.  It’s because of the snow.   “3 miles,” she writes.  “Haven’t come across a lot to leave the car in.  Or neighborhood.  When I do I’m gonna hoof it.” At 7:00 pm, my wife calls from traffic at a …

American flag

On The Terminology and Fiction of Juvenile Justice

Jamison KoehlerJuveniles

As a public defender in Philadelphia, I did a brief stint in the Juvenile Division representing young people accused of committing a crime. People told me before I started the rotation that I would either love working with juveniles or hate it; there didn’t seem to be any in-between. I found myself in the “love-it” category. Although I would have …

U.S. Capitol building

On the True Value of a Law Degree

Jamison KoehlerLaw Practice

Over the last year or so, there has been a lot of talk on listservs and in the blawgosphere about the glut of new lawyers coming onto the market, about the expectations of these lawyers in terms of pay and career satisfaction, and about the honesty of law schools in trying to attract new students. Much of the recent discussion …

What Does Evil Look Like?

Jamison KoehlerCurrent Events

Evil looks a lot like the pasty, bloated face of Jared Loughner grinning at us from the front page of today’s New York Times. Children have an innate sense of these things. We do too. We know that, on the scale of apparent evilness, the way Loughner looks places him somewhere between Charles Manson on the one end, even before …