Beating an attempted drug possession case

Aerial view of DC

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

D.C. Court of Appeals foyer

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

DC Court of Appeals

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

Expunging marijuana arrest/conviction in D.C.

Marijuana conviction in DC - graffiti on wall

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.

expunging drug case in dc - graffiti

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

U.S. Capitol building

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… Read More

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

Jefferson Memorial

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… Read More

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

American flag

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… Read More

Disorderly Conduct: D.C. Court Narrows The Scope

  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… Read More