Notes from practice · D.C. Superior Court
Negotiating the “proffer of facts” in a plea agreement
As part of a plea agreement, the government typically requires the defendant to agree to a “proffer of facts,” a written statement of the evidence...
D.C.’s new criminal record sealing and expungement statute
Scheduled to take effect in January 2026, D.C.’s new criminal record sealing and expungement statute should make it much easier for people to move on...
On 4th Amendment seizures and abandoned property in U.S. v. Pope
When is a person seized for Fourth Amendment purposes? When is a piece of property abandoned such that there is no longer reasonable expectation of...
On the fumbling hand of counsel
Jamison Koehler
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11/15/2023
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According to the 6th Amendment, the lawyer who accepts representation in a criminal case must affirmatively assist with the defense, thereby advancing it....
Lousy plea offers. More trials.
We got spoiled during the pandemic with favorable plea offers. The government was trying to resolve as many cases as possible. Those times are over....
T.W. and the “jump out” cops in D.C.
All over the District, young black men are lifting their shirts to show their waists as the unmarked cars cruise past. This is because of...
On searching a car after POCA arrest in Smith v. U.S.
Even if officers had legal basis for searching the car based on the fact that POCA is an arrestable offense, they still did not have...
Eliminating uncertainty through a Rule 11(c)(1)(C) plea
Rule 11 of the D.C. Rules of Criminal Procedure provides for a plea agreement in which both sides agree on the sentence that will be...
The “Rule of Lenity” in D.C.
Jamison Koehler
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06/12/2022
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According to the “Rule of Lenity,” a court should construe any ambiguity in the language of a criminal statute in favor of the defendant....
Civil asset forfeiture in D.C.
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....
Assessing attorney fees in CPO cases in D.C.
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...
Navigating D.C. Superior Court
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....
On the right to testify in Graves v. U.S.
Jamison Koehler
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03/01/2021
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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...
Withdrawing consent for a search
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...
There, there
Because the grandmother is deaf, she does not hear the police officers assembling on the front porch of her rowhouse....