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 Don’t 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 me. “Give it to me straight, Mr. Koehler,” he says to me over the phone. “You get paid more money if I cop to a plea on this case, don’t you?”
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 doing them a favor when he warned them that they would face certain… Read More
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 at the last minute. If the defendant is quibbling with something the prosecutor… Read More
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 sent him there. You both knew after the conviction but before sentencing that… Read More
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 D.C. that mandatory days of incarceration in DUI cases be served back-to-back. According… Read More
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 no more than 10 years of incarceration. In a memorandum submitted to the… Read More
Being Found Guilty After Pleading Guilty
If you plead guilty, there is a 100% chance that you will be found guilty. Or something like that. I read that on the Internet a few weeks ago and, while I can’t remember who said it for… Read More
On Compensating A Wrongfully Detained Defendant
“My client had been held on no bond in the county jail for 25 months. Never once bitched about being in there or tried to rush me.” So says Chicago criminal defense lawyer Marcus Schantz on Twitter. A… Read More
