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...
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....
Checking the room for U.S. Marshalls
Judges love to keep us in suspense. Before announcing a verdict, they like to give us a detailed description of their reasoning. This can be...
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...
Mandatory vs. statutory minimum sentences
Both mandatory and statutory minimum sentences set a term of imprisonment that must be imposed. The difference is that a statutory minimum sentence can be...
Writing about Covid-19 and the D.C. jail
How do you write about COVID-19 and the D.C. jail without resorting to hyperbole? How do you ask the judge to bend the rules?...
What is a “suspended sentence” in D.C.?
Jail time that is “suspended” will only be served if the defendant fails to comply with the terms of the sentence....
The difference between “concurrent” and “consecutive” sentences in D.C.
Concurrent sentences are served simultaneously. Consecutive sentences are served in sequence (i.e., back-to-back). One sentence does not begin until the other sentence has concluded. ...
Court-appointed lawyers do not get paid more for a plea
I have worked with this particular court-appointed client now on a number of cases, and I guess he is beginning to feel more comfortable with...
You Can’t Plead Guilty Without Admitting Guilt
I am watching a guilty plea from the gallery. The prosecutor reads out the alleged facts from the police report, and the defendant says, yes,...
No Strong-Arming of Defendants Into Accepting Pleas
When the two defendants opted for trial, rejecting a deferred sentencing agreement that had been offered by the government, Judge Brian Holeman may have been...
Let Me Talk To The Judge
Whenever a group of defendants are lined up before the court to do misdemeanor guilty pleas, one or two will often try to back out...
And Sometimes You Go To Jail
Your client is released from jail after serving his sentence, and texts you on his way home. You were defense counsel in the case that...
No More Weekends in DUI Cases
Always looking out for the best interests of clients, Michael Bruckheim has come up with a creative way for getting around the new requirement in...
Clark v. U.S.: The Government’s Violation of a Plea Agreement
The defendant is charged with armed robbery. He and the government reach agreement on a plea deal in which the government agrees to ask for...