Koehler Law prevailed yesterday at another trial in the Domestic Violence Division of D.C. Superior Court. The court denied an anti-stalking order (ASO) petition filed against our client, who was the respondent in the case. Angry or Offensive Words May Be Protected by the First Amendment The parties were neighbors whose backyards abutted each other. Their dogs were the primary …
The government recently dismissed a simple assault charge against a Koehler Law client in Washington, D.C. The dismissal came after the defense produced evidence supporting our client’s claim that he had acted in self-defense. Our client, an 86-year-old man, had been accused of pushing a much younger woman who approached him with a camera during a political demonstration on the …
A Koehler Law client was recently reimbursed for his attorney fees after prevailing as the respondent in a civil protection order (CPO) case in Washington, D.C. The court awarded fees after concluding that the petitioner had brought the case in bad faith, fabricated evidence, and committed perjury at trial. The “American Rule” for Attorney Fees Under the so-called “American Rule,” …
A D.C. jury recently acquitted a Koehler Law client of carrying a pistol without a license (CPWL) and other firearm offenses. According to the evidence presented at trial, our client found an abandoned firearm in an alley near the shopping mall where he worked. He picked up the gun intending to turn it over to the police. Before he could …
The petition for a civil protection order (CPO) against a Koehler Law client was dismissed recently after the parties reached an out-of-court settlement. Our client no longer faces the legal, social and other consequences posed by a court-enforceable civil protection order (CPO). And the petitioner received the assurances she needed to feel comfortable. WHAT IS A CIVIL PROTECTION ORDER IN D.C.? …
People seek anti-stalking orders (ASOs) in Washington, D.C. for many different reasons. Some petitions involve conduct that legitimately falls within the protections provided by the ASO statute. Others arise from interpersonal disputes that, while frustrating or upsetting, do not satisfy the statutory requirements for stalking. For example, a person may seek an anti-stalking order because of problems with a neighbor, …
Presiding over civil protection order (CPO) and anti-stalking order (ASO) cases is one of the most demanding assignments for D.C. Superior Court judges. Each morning, parties begin logging on at 8:30 a.m. The calendar typically includes 20 to 40 cases. Two judges—currently Judge McCabe in Courtroom 113 and Judge Truong in Courtroom 114—must move through that crowded docket while dealing …
At some point, there will be a reckoning. The reckoning may be a public one: Lawyers hauled before the D.C. bar to face potential disciplinary proceedings. It may also be a purely private reckoning. It may be looking into the mirror and asking oneself the question: Am I proud of how I acted during this time? ***** On June 20, …
Domestic violence charges in criminal court are frequently accompanied by a petition for a civil protection order (CPO) or anti-stalking order (ASO). This is because one incident can lead to two separate cases – one criminal and the other civil. The target of misconduct allegations can be simultaneously the defendant in a criminal case and the respondent in a civil …
The D.C. Court of Appeals has struck down as unconstitutional the District’s ban on high capacity magazines for firearms. Specifically, the court found recently in Benson v. United States, 2026 D.C. App. LEXIS 80, that the prohibition against magazines capable of holding more than 10 rounds of ammunition – what the court refers to as 11+ magazines – violates …
A Koehler Law client was acquitted of simple assault after trial last week in D.C. Superior Court. Our client was charged with simple assault after he was accused of threatening another person with a knife. The case was the second of two misdemeanor trials heard by the same judge that day. Both trials resulted in not-guilty verdicts. Back-to-back trials as …
Donald Trump has the opposite of the “Midas touch”: He diminishes everything he comes into contact with. It is hard, for example, to think of a single individual who has emerged from an association with Trump with an enhanced reputation. Take Rudy Giuliani. He was once “America’s Mayor.” Now he will be forever remembered as the shyster hawking crazy conspiracy …
Donald Trump claims, against all evidence, that something is broken. With great bluster, he breaks that something. He then uses the thing he broke to prove he was right to begin with. Given the stakes involved in any decision made by an American president, this is a particularly disturbing form of a self-fulfilling prophesy. ***** D.C. does not have the …
According to the “independent justification” requirement, an order to leave public property must be given by a person with authority based on some established policy, rule or regulation. Otherwise, the government cannot prove the elements of the criminal offense of unlawful entry. *** Dr. Derek J. Morris was attempting to file a pro se petition for a writ of certiorari …
Jada Aristilde, one of my favorite courtroom clerks, has left the building. Ms. Aristilde leaned over to me in courtroom 314 earlier this week after my case was called to tell me that that was her last day. She will be devoting herself full time to her practice as a realtor. I have told this story before but I will …
Trying to read the jury can be a humbling experience. Many years ago, during a DUI trial in D.C., I was encouraged by a young man in the front row who, listening intently, seemed to agree with everything I said. “This is great,” I told my client. “I think we have at least one juror in our corner.” As it …
“No matter what.” These are chilling words to hear from any law enforcement official. After all, given the enormous stakes involved in a criminal prosecution, restraint has to be the operative word. It is thus particularly concerning when these words are uttered by the chief federal law enforcement official for the nation’s capital and when the words are targeted at …
Here is the recently released statement of Edward R. Martin, the new U.S. Attorney for the District of Columbia: “I want to thank President Trump for trusting me to re-establish law and order in Washington, D.C. It is the honor of my lifetime to accept his nomination as Interim U.S. Attorney for the District of Columbia. I pledge to …
Trials can be challenging. The stakes are high, and the pressure can be unrelenting. I have been feeling the strain. It was therefore particularly gratifying to win across-the-board acquittals in two back-to-back jury trials: three counts of “not guilty” in the first case and six counts of “not guilty” in the second. We argued self-defense in the first case and …
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 the government would have proven had the case gone to trial.
Scheduled to take effect in January 2026, D.C.’s new criminal record sealing and expungement statute should make it much easier for people to move on from a criminal past.
Chief Judge Josey-Herring issued an order on March 15, 2024 that renewed the list of attorneys eligible to accept appointments under the Criminal Justice Act.
Dressed nicely and sitting outside the lawyer’s lounge, the woman always appeared to be speaking on the phone about some weighty constitutional issue.
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.
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 excruciating.
Friend and former colleague Noah Clements died last night, just after 11:00 pm. He leaves behind his wife and their three children: Wiley, Eric, and Elise.
The court’s ability to hear a CPO matter in Washington, D.C. requires proof of an “intra-family offense” with sufficient connection to the District.
Yes, Marjorie Taylor Greene, there is a two-tiered justice system in effect at the D.C. jail. Unlike their black and brown counterparts at the Central Detention Facility, the J6 defendants are being held in relative comfort at the Correctional Treatment Facility.
Retiring D.C. Superior Court Judge William Nooter was honored at a surprise farewell for him.
Here are the 2023 judicial assignments for the Criminal Division of D.C. Superior Court.
Given my experience with county prosecutors in Philadelphia and Virginia, it was a welcome surprise to begin working with Assistant U.S. Attorneys in D.C.
Although “claim of right” is a valid defense to robbery and other theft offenses, the defense fails when the defendant takes more than the property whose ownership is in question.
Here is the information you will need to log in by Webex video or phone to D.C. Superior Court Criminal Division courtrooms.
Here are the 2022 Judicial Assignments for the D.C. Superior Court Criminal Division
The Criminal Division of D.C. Superior Court will expand in-person operations beginning on Tuesday, September 7.
D.C.’s new law on civil protection orders (CPOs) redefines the category of people eligible for protection. It also extends coverage to animals, minors and victims of sex trafficking.
Parties who prevail in a CPO hearing can file a motion asking the court to assess legal fees against the other party. Respondents must prove “bad faith.”
D.C. Superior Court has again extended the judicial emergency, this time through May 10, 2021. The Court will expand some operations.
Everything you need to know (webpages, emails and phone numbers) to navigate your way around D.C. Superior Court’s Criminal Division during the pandemic.
Chief Judge Anita Josey-Herring has issued an order extending the pandemic-related judicial emergency in D.C. Superior Court through March 31, 2021.
The D.C. Superior Court Criminal Division has increased the number of courtrooms — both remote and partially remote — that will operate during the pandemic.
Civil protection order (CPO) hearings begin again in D.C. Superior Court. Trials in misdemeanor domestic violence (DV) cases in which the defendant is in custody will resume in December.
With the pandemic continuing to rage, and no end in sight, D.C. Superior Court will remain closed for most purposes through January 15, 2021.
Here are the recently posted judicial assignments for the D.C. Superior Court Criminal Calendar for 2021
Having also practiced in Pennsylvania and Virginia, I have a basis for comparison when I say good things about the system in Washington, D.C.
A D.C. Superior Court judge — always one of my favorites — retires abruptly after being accused of sexually assaulting a 16-year-old girl.
D.C. Superior Court now offers WIFI and computers for remote access to hearings at 5 locations. Call 202-879-1900 or email DCCourtsRemoteSites@dcsc.gov.
In a cynical attempt to elicit the court’s sympathy, the government blames Covid-19 for its delays in responding to motions to seal criminal records. Bureaucratic incompetence is the true culprit.
Hearings with respect to DPAs, DSAs and other diversion programs in Washington, D.C. will be postponed because of Covid-19. Although the agreements will remain in effect during this time, the government has discretion to terminate the agreements early.
D.C. Superior Court remains closed for most purposes due to the Covid-19 pandemic. What this means for criminal cases is as follows.
Because of the Covid-19 pandemic, the time between March 18 and November 9, 2020 will be “tolled.” In other words, it will not count when calculating whether a defendant’s speedy trial rights have been violated.
With the D..C. Superior Court finance office now closed because of the Covid-19 pandemic, courts costs, fines and fees can now be paid online or by mail.
Yes. You have the right to represent yourself in a legal matter. In fact, although virtually all defendants in a criminal case will be represented by a lawyer, parties at most restraining order hearings are acting pro se; that is, they are representing themselves.
Although it is often helpful to have physical evidence to corroborate your version of events, the only thing you absolutely need to bring to a restraining order hearing in D.C. is yourself.
With D.C. Superior Court now closed because of the Covid-19 pandemic, Civil Protection Orders (CPOs), Temporary Protection Orders (TPOs) and other forms of restraining orders must be obtained remotely.
I am nosy. I am also a snob. I am curious what people choose to display in the background behind them during virtual hearings.
The judge issues the order on the very same day that I complain publicly on the SCTLA listserv. On a Saturday. After sitting on the motion for over 9 months.
The photograph depicts Bianca Forde sitting in a New York criminal courtroom. In this courtroom, however, she is sitting at the defense table. She is in casual clothes. And she is looking pretty unhappy.
This website is my claim to fame at D.C. Superior Court. It is not my commanding courtroom presence or my oral advocacy skills. It is not even my good looks. It is this website.
The changes now being effected in response to the pandemic — specifically the trend toward on-line hearings — could pose challenges for new lawyers seeking to start criminal defense practices in D.C.
We will learn. We will adapt. But as with so many other things in our lives, there will be the pre- and the post-Covid eras. Things will never be the same.
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?
The judge does not say: I am not willing to take your word for this, and I need to have a law clerk check this out. What he says instead: It is time for lunch. We will pass this matter until 2:00 pm.
With almost 100 people making their way through arraignment court every day, it is inevitable that there will be a melt-down or two. After all, we are dealing with people who are finishing what for many of them will be the worst day of their lives.
There are tons of criminal defense lawyers eager to tell their war stories. But how many people have been acquitted of a felony criminal offense?
An Assistant U.S. Attorney has been referred for disciplinary action after being caught misrepresenting facts before a U.S. District Court.
The process after filing normally takes four to six months after filing in D.C. This includes a 60-day period for the government to respond.
The first option for sealing a felony arrest in D.C. would be to file a motion immediately on the grounds of actual innocence under D.C. Code § 16-802. The second option would be to wait two years to file it under D.C. Code § 16-803.
“Expungement” of a criminal record suggests that it is destroyed, thereby restoring the person to the position he/she occupied before the arrest. “Sealed” records still exist. They are just hidden from public view.
The man standing at the bar of the court is a nicely dressed, middle-aged white guy. He looks like a lawyer. That’s because, as it turns out, he IS a lawyer. He is seeking the court’s permission to represent himself.
A person who has been served with a CPO petition in D.C. can enter into a “consent CPO without admissions.” The CPO is granted to the petitioner without a hearing. In exchange, there is no adverse finding of facts against the respondent.
Here is what every lawyer appearing in D.C. Superior Court should know about handling an arraignment for a U.S. citation.
Felony 1 Calendar Judge Ronna Beck, Room 316 Judge Danya Dayson, Room 318 Judge Craig Iscoe, Room 313 Judge Milton Lee, Room 302 Judge Juliet McKenna, Room 215 Felony 2 Calendar Judge Steven Berk, Room 321 Judge Kimberley Knowles, Room 319 Judge Michael O’Keefe, Room 310 Judge Robert Okun, Room 216 Judge Michael Ryan, Room 217 Judge Robert Salerno, Room …
Every four years, D.C. Superior Court re-establishes the panel of criminal defense lawyers who are eligible to accept court appointments. The first re-establishment occurred in 2010 and the second in 2014. Chief Judge Robert Morin just issued his most recent order re-establishing the panel for 2018-2021. Unlike the 2014 process in which the Court reduced the number of eligible …
Perhaps I should not admit it, but I like the Assistant U.S. Attorneys in D.C. They are generally smart, reasonable and decent people. They know the law. And, like defense attorneys, they are just trying to do the right thing. My introduction to prosecutors – the assistant district attorneys in Philadelphia – was not a positive one. My experience in …
On the morning of trial, I stick my head into the small room outside the courtroom where the police officers are assembled. I have spent hours watching and indexing footage from the body worn cameras three of the officers activated on the night of the arrest. So I feel as if I know each officer very well. Officer Palmieri is …
It is not easy sitting second-chair at a trial when you are used to running the show yourself. Recently appointed as a provisional member of the panel to represent indigent criminal defendants in D.C., I need to second-chair two jury trials before I can be considered for inclusion on the full panel. So I go to the lawyers I most …
Three months into my court-appointed work in D.C., I now have a completely different perspective on representing indigent criminal defendants. At the time I quit my job as a public defender in Philadelphia after a three-year stint there, I was pretty burned out. I was also jaded when it came to the people we represented. Many of the people had …
I have just been appointed to the D.C. Superior Court panel for adult court-appointed cases. I was one of three lawyers appointed on a “provisional” basis. (Three other lawyers were promoted from the provisional panel to the full panel.) Those of us on the provisional panel need to serve a two-year probationary period before we can start doing felonies. To …
The 2015 list of lawyers eligible to accept court appointments in juvenile cases is now out. Chief Judge Lee F. Satterfield issued the order approving the list on October 23. The list will be good for the next 4 years. At that time, the panel will again be re-constituted. The Family Court Panels Oversight Committee received 220 applications for one …
Your client is charged with Leaving After Colliding – Property Damage. This is the technical way of saying that he is charged with “hit-and-run” or “leaving the scene of an accident” as the offense is known in other jurisdictions. Your client is a professional with a pristine driving record. He has never been arrested before. He rear-ends another vehicle while …
We had a tremendous support network at the public defender’s office in Philadelphia. There were social workers and mental health professionals. There were administrative staff focusing on probation, parole, and the expungement of criminal records. If you had a question about a particular point of law or opinion, there was a whole group of appellate lawyers at your disposal. And …
I will not take cases away from the Public Defender Service. How can I take someone’s money when that person is already getting top-notch legal representation for free? I am trying to make a living. But I also have to live with myself. The other day, for example, I got a call from someone seeking to appeal a recent conviction. …
Sour. Unprofessional. And extraordinarily slow at everything she does. That is my assessment of the woman who sits at the reception desk on the 10th floor of the Office of the Attorney General. She reminds me of everything I didn’t like when I worked for the federal government many years ago. I complain about the receptionist to one of the …
“I can get you a good deal because I know all the prosecutors.” This is what one of my competitors says to a potential client. I know this because the client tells me. She wants to know if I can get the same results for her. There are three things wrong with this statement. First, by suggesting prosecutors will offer …
I am a fan of D.C. criminal defense attorney James Colt. It is not only his name, which sounds like it was pulled from a Harlequin romance. It is also that he is a pleasant guy and, from what I can tell, a very good lawyer. Now there is this: I am standing by the clerk’s desk in the courtroom …
She is assertive without being aggressive. She knows when to push and when to hang back. She is pleasant and well-spoken. She does her homework. She is committed to her clients while keeping a sense of humor. As an avid student of the law, she is always ready to talk things through with you. She is smart in a way …
One of the hazards of public interest work is that it seems to contribute to smugness. I may be underpaid and overworked. But at least I am doing the Lord’s work. And that work is more important than anything my higher paid colleagues with more prestigious jobs are doing. I encountered a little bit of this phenomenon during my three …
The list is finally out. D.C. Superior Court Judge Robert Morin announced last fall that the panel of attorneys who are approved to represent indigent criminal defendants would be reconstituted. Everyone was required to re-apply. And, with the number of criminal cases down 25% since 2008, Judge Morin warned that there would be major cuts. Sure enough, in a report …
Occasionally you have a judge who tells it like it is. I am standing at the bar of the court. My client has successfully completed a diversion program. The clerk calls our case 15 minutes early, before my client has arrived in the courtroom, so I offer to waive my client’s presence. We need two simple words from the government …
The Public Defender Service (PDS) has just begun a blog — the PDS Criminal Law Blog — that reviews recent D.C. Court of Appeals opinions. With Samia Fam, Nancy Glass, Jackie Frankfurt, and a handful of other public defenders sharing responsibility for the writing, the blog will certainly have some heavy hitters behind it. The most recent entry covers Vines …
She doesn’t know it yet but Mindy Daniels is going to be my mentor on all things having to do with the D.C. Court of Appeals.
Here are 15 reasons I prefer D.C. Superior Court to the Criminal Justice Center in Philadelphia: There is a cafeteria. There is a lawyer’s lounge. There is a legal library. Women in orange jackets greet you when you come into the building and direct you to where you need to go. You can get into an elevator. When you can’t …
Seth Godin writes about a friend of his, a middle school teacher, who avoided the teacher’s lounge because “he couldn’t bear the badmouthing of students, the whining and the blaming”: Just about every organization, every on-line service, every product and every element of our culture now has chat rooms and forums devoted to a few people looking for something to …
I am watching what has to be the best cross-examination at a probable cause hearing I have ever seen. It is a new attorney from the Public Defender Service (PDS), someone I have never seen before, and he is handling the cross-examination like he is Irving Younger. He is pleasant but firm. He moves methodically through the facts, pinning the …
Guest Post by Emma Brush A visit to Arlington was the occasion for this undeserved opportunity of mine to post. Originally, my Uncle Jamie had a jury trial scheduled. Knowing that I was considering law school, he thought it would be fun for me to see. Unfortunately, the court date was postponed. Fortunately, he had a juvenile case that was …
When I worked as a public defender in Philadelphia, we had what I can only describe as an uneasy relationship with the private criminal defense bar. Looking at it from the standpoint of the PD’s office, there were a number of reasons for this somewhat dysfunctional relationship. For one thing, some of the private defense attorneys were just plain bad, …
The prosecutor can hardly blame me for being skeptical. I ask her about one of the counts that was dropped from the complaint, and she tells me it was because the complaining witness said a few things to her that didn’t add up. “That’s Brady, then,” I tell her. I feel a little badly because she is young and I …
Dear Officer Parrish: A couple of weeks ago, I cross-examined one of your colleagues from the 3rd District. The issue at that hearing was similar to the one under consideration today: Whether or not the arresting officer had reasonable suspicion or probable cause to detain my client. Your colleague decided to strengthen the government’s case against my client by lying. …
After pleading guilty to involuntary manslaughter, Dontrell Deaner has been sentenced to 10 years in prison, to be followed by 5 years of supervised probation. Remember Dontrell Deaner? Just over a year ago, his name was all over the Internet in connection with the Joseph Rakofsky fiasco. Rakofsky was the lawyer, a few years out of law school, who took …