Arraignment in D.C. Superior Court
The arraignment is usually the first court appearance for a criminal defendant in Washington, D.C. and, as such, tends to cause particular anxiety for clients. Do I need a lawyer at the arraignment? What do I say? Should… Read More
The “No Papering” of a Criminal Offense in Washington, DC
If you have had the misfortune of being arrested in Washington, D.C, the words “no paper” should be about the most welcome thing you can hear. The two words could mean that the prosecution has decided that you… Read More
A Conflict of Interest for D.C. Superior Court Judges
Yesterday’s testimony of D.C. Superior Court Magistrate Judge Janet Albert as a witness in a criminal case against her former girlfriend raises challenges for everyone involved. A number of D.C. judges, including Lynn Leibovitz, refused to hear the… Read More
Celebrating “Legal Technicalities”
In “Reconfiguring Terms,” legal blogger Gideon complains about the widespread use of the phrase “legal technicality” to explain why a particular criminal case was dismissed. Writes Gideon: “It really grinds my gears when I hear lay people …. Read More
A Public Apology in a Criminal Case
In a blog entry entitled “Victims Speaking Out,” D.A. Confidential describes the cathartic effect allocutions can have for the victims of a crime. “Allocution” refers to the dialogue between a judge and a defendant prior to sentencing. Allocution… Read More
Miranda Rights and the Christmas Day Bomber
The client was so excited he could hardly contain himself when he came into my office. “We’ve got this case beat,” he told me. Why is that? “Simple,” he said. “The police never read me my rights.” The… Read More
The “Jury Trial Tax”: The Penalty for Insisting on a Jury Trial
It is a sad but well-known fact among criminal defense lawyers in many jurisdictions that if you insist on a jury trial and lose, you will get a stiffer penalty than if you lose the same case in… Read More
“Discovery” in a D.C. Superior Court Criminal Case
Courtroom surprises make for great drama on T.V. and in the movies. The defense lawyer produces a new piece of evidence or the witness makes a startling admission on the witness stand. The case is broken, and justice… Read More
Drugs: Judge or Jury Trial
Sometimes, after the pre-trial motions have been litigated and any plea bargaining negotiations have been concluded, a defendant needs to have his or her day in court. The Sixth Amendment guarantees the right to a jury trial for… Read More
Drugs: Admissibility of Statements
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
