Drug Offenses | Koehler Law

Cross-examination on a “confidential location”

Jamison Koehler May 7, 2024Drug Offenses, Evidence, Opinions/Cases

“Confidential location.” An officer utters these two words in a drug case, and the court automatically shuts down all related cross-examination.

Beating an attempted drug possession case

Jamison Koehler December 3, 2021Drug Offenses, Evidence, Trial Advocacy

Now that DFS has lost its accreditation, the government is looking for creative ways to prosecute drug possession cases, including amending the charges to attempted possession. There are equally creative ways to counter this strategy.

Withdrawing consent for a search

Jamison Koehler February 28, 2021Criminal Procedure, Drug Offenses, Opinions/Cases

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 D.C. Court of Appeals in Ford v. United States.

On the “buyer’s agent” defense in Simms

Jamison Koehler February 11, 2021Defenses to Criminal Charges, Drug Offenses, Opinions/Cases

There is a “buyer’s agent” defense in D.C. after all – at least with respect to drug distribution charges involving marijuana.

Marijuana conviction in DC - graffiti on wall

Expunging marijuana arrest/conviction in D.C.

Jamison Koehler June 2, 2020Criminal Procedure, Drug Offenses

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.

Expunging a drug conviction in D.C.

Jamison Koehler May 28, 2019Drug Offenses

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.

Things Slow Down

Jamison Koehler September 23, 2013Drug Offenses, Trial Advocacy

I always have the best intentions after attending a good CLE. Returning to my office with a binder full of great information, I have every intention of reading through all the materials that were just referenced during the training. The binder lies on my desk for a couple of days. After a week of so, I move it onto a …

James Shellow: Cross-Examining the Analyst in a Drug Prosecution

Jamison Koehler February 8, 2013Drug Offenses, Trial Advocacy

There are certain reference materials that are essential to a law practice. In the case of a criminal defense practice in D.C., for example, you could not get by without the D.C. crimes code, jury instructions, rules of evidence, sentencing guidelines, the two volumes of the Criminal Practice Institute’s manual, and some type of legal research service. In addition to …

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

Jamison Koehler April 10, 2011Drug 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 …

Disorderly Conduct: D.C. Court Narrows The Scope

Jamison Koehler June 13, 2010Drug Offenses, Firearms/Weapons, Opinions/Cases, Other Criminal Offenses

Disorderly conduct is a really annoying charge. The first problem is that the offense is usually so broad and poorly defined that it is too easy for police to charge and too easy for the government to prove at trial. For example, since intent to cause a “public inconvenience” is a major element of the offense in Pennsylvania, the …