Notes from practice · D.C. Superior Court

Cross-examination on a “confidential location”
“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
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...

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...

On the “buyer’s agent” defense in Simms
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.
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 drug conviction in D.C.
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
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...

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

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

Disorderly Conduct: D.C. Court Narrows The Scope
Jamison Koehler
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06/13/2010
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Disorderly conduct is a really annoying charge. The first problem is that the offense is usually so broad and poorly defined that it is...
