Generated by All in One SEO v4.9.9, this is an llms.txt file, used by LLMs to index the site. # Koehler Law Criminal and DUI Defense in Washington, D.C. ## Sitemaps - [XML Sitemap](https://koehlerlaw.net/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [KOEHLER LAW BLOG](https://koehlerlaw.net/blog/) - The American Bar Association (ABA) Journal has twice named the Koehler Law Blog as the top criminal justice blog in the country. - [English v. United States: Aiding and Abetting Flight in a Motor Vehicle](https://koehlerlaw.net/2011/08/english-v-united-states-aiding-and-abetting-flight-in-a-motor-vehicle/) - Although you can be found guilty of aiding and abetting flight in a motor vehicle, there was insufficient evidence in this case to sustain the conviction. - [Webex Login for Criminal Division Courtrooms](https://koehlerlaw.net/2022/03/d-c-superior-court-webex-login/) - Here is the information you will need to log in by Webex video or phone to D.C. Superior Court Criminal Division courtrooms. - [Burglary, robbery and assault charges dismissed](https://koehlerlaw.net/2026/06/burglary-robbery-and-assault-charges-dismissed/) - Some victories result from a compelling cross-examination or a persuasive closing argument at trial. The result in this case was driven by investigation. - [Should your CPO/ASO case "trail" your criminal matter?](https://koehlerlaw.net/2026/04/should-your-cpo-aso-case-trail-your-criminal-matter/) - Contrary to popular belief, it does not make sense in many cases for Respondents to allow CPO and ASO hearings to "trail" a related criminal matter in D.C. - [Hit-and-run charges dismissed in D.C.](https://koehlerlaw.net/2026/03/hit-and-run-charges-dismissed-in-dc/) - The government has dismissed charges against one of our clients in a hit-and-run case in D.C. We produced evidence disproving every element of offense. - [Should I consent to a "CPO without admissions?"](https://koehlerlaw.net/2026/03/should-i-consent-to-a-cpo-without-admissions/) - Given all the downsides associated with the issuance of a civil protection order (CPO) in D.C., it is generally not a good idea to simply concede defeat. - [Resisting arrest charges dismissed in D.C.](https://koehlerlaw.net/2026/03/resisting-arrest-charges-dismissed-in-dc/) - Resisting arrest charges in D.C. were dismissed based on surveillance recordings that contradicted claims made by the Secret Service. - [Koehler Law honored as top 100 legal blog](https://koehlerlaw.net/2026/03/koehler-law-honored-as-top-100-legal-blog/) - I received notice the other day that the Koehler Law blog – has been included as a top 100 legal blog by Feedspot. This is an honor. - [D.C.’s ban on 11+ magazines is unconstitutional](https://koehlerlaw.net/2026/03/d-c-s-ban-on-11-magazines-is-unconstitutional/) - In Benson v. United States, the D.C. Court of Appeals struck down as unconstitutional the District’s ban on high capacity magazines for firearms. - [Not guilty after simple assault trial](https://koehlerlaw.net/2026/03/not-guilty-after-simple-assault-trial/) - Outside the courtroom in the hallway, I hugged my client, his wife and his son. There is no better feeling in the world. That is why we do this work. - [Defining "malice" in destruction of property case in D.C.](https://koehlerlaw.net/2026/03/defining-malice-in-destruction-of-property-case-in-d-c/) - The defendant's intent was to replace the lock, not to damage it. The Court of Appeals thus vacated his conviction for malicious destruction of property. - ["Trumping" the U.S. Attorney's Office in D.C.](https://koehlerlaw.net/2025/11/trumping-us-attorney-office-dc/) - The U.S. Attorney's Office in D.C. was once widely respected as one of the leading prosecutorial organizations in the country. Not for long. - [Pozner and Dodd: "The Only Three Rules of Cross-Examination"](https://koehlerlaw.net/2014/01/pozner-and-dodd-the-only-three-rules-of-cross-examination-2/) - Not asking anything but leading questions also means that you avoid seven dreaded words: who, what, when, where, how, why or explain. - [Winter came](https://koehlerlaw.net/2022/09/winter-came/) - This is why we say goodbye. Letting go is what it comes to. We let go so that, as in my father’s poem, autumn can yield to winter. - [Tending My Own Garden in Baltimore](https://koehlerlaw.net/2015/04/tending-my-own-garden-in-baltimore/) - What you see on T.V. are the actions of a small group of agitators. These young men do not represent anyone but themselves. - [The ABCs of "Character Evidence" in a D.C. Criminal Case](https://koehlerlaw.net/2012/05/the-abcs-of-character-evidence-in-a-d-c-criminal-case/) - Over 65 years ago, Justice Robert H. Jackson, writing for the U.S. Supreme Court in Michelson v. United States, 335 U.S. 469 (1948), complained about the.... - [The Alibi defense in D.C.](https://koehlerlaw.net/2023/05/the-alibi-defense-in-d-c/) - From Latin for “elsewhere,” an alibi defense is based on the physical impossibility of a defendant’s guilt: it proves that the defendant was somewhere else. - [Worthy v. United States: The DCCA on Prior Consistent Statements](https://koehlerlaw.net/2014/10/worthy-v-united-states-the-dcca-on-prior-consistent-statements/) - A “prior consistent statement” is generally inadmissible. You are generally not permitted to “bolster” your own witness. There are, however, exceptions. - [Double-Counting Police Officer Observations in a DUI Case](https://koehlerlaw.net/2015/06/double-counting-police-officer-observations-in-a-dui-case/) - Because observations have already been factored into NHTSA claims with respect to SFST, any reliance on observations at trial amounts to double-counting. - [Trump as tragic hero](https://koehlerlaw.net/2020/12/trump-as-tragic-hero/) - Like Oedipus, the "tragic hero" who was felled by excessive pride and self-righteousness, Trump has been done in by his narcissism. - [On the doctrine of "inherent incredibility" in Carrington](https://koehlerlaw.net/2025/10/doctrine-inherent-incredibility-carrington/) - According to the doctrine of inherent incredibility, a ruling can be so logically or factually wrong that deference to the trial court is no longer merited. - [On threats and the attorney-client privilege in Moore](https://koehlerlaw.net/2025/09/threats-attorney-client-privilege-moore/) - Even barring relevant evidence, the “attorney-client privilege” protects confidential communications between a client and their attorney. - [When is D.C. person seized for Fourth Amendment purposes?](https://koehlerlaw.net/2025/09/when-dc-person-seized-fourth-amendment/) - D.C. Court of Appeals decision in Carter v. United States should provide clarity on issue of when a person in D.C. is seized for 4th Amendment purposes. - [Breaking the criminal justice system in D.C.](https://koehlerlaw.net/2025/08/breaking-the-criminal-justice-system-in-dc/) - This is a win-win situation for Trump. If the system collapses, he can say, there, I told you so. If the system survives, he can take credit for fixing it. - [Defining a "high crime area" in Mayo v. U.S.](https://koehlerlaw.net/2025/09/defining-a-high-crime-area-in-mayo-v-us/) - Introduction of "general locational crime evidence" to provide legal basis for stop, if relevant and nonconclusory, will depend on quantity and specificity. - [Get Out of My Office: A Hypothetical Interview With a Potential Client](https://koehlerlaw.net/2012/03/get-out-of-my-office-a-hypothetical-interview-with-a-potential-client/) - A woman and her son come into the office for a consultation. At the end of the hour, the woman turns to me and tells me that they have also met with a number... - [What is a "Testimonial Statement" under Crawford v. Washington?](https://koehlerlaw.net/2012/11/what-is-a-testimonial-statement-under-crawford-v-washington/) - A “testimonial” statement can only be admitted if: (1) the witness was unavailable to testify, and (2) there was prior opportunity to cross-examine. - [On the withdrawal of consent in Ford v. U.S.](https://koehlerlaw.net/2025/08/on-the-withdrawal-of-consent-in-ford-v-us/) - The assertion of the defendant's right to revoke his consent should not have been factored into the trial court's determination of probable cause. - [On the "plain feel" doctrine in Ford v. U.S.](https://koehlerlaw.net/2025/08/on-the-plain-feel-doctrine-in-ford-v-us/) - Extending the principles of the "plain view" exception to the sense of touch, the "plain feel" doctrine provides another exception to the warrant requirement - [A "Koehler Goodbye"](https://koehlerlaw.net/2025/08/a-koehler-goodbye/) - We have always loved extended goodbyes -- the more over the top, the better. We eventually began to call this the “Koehler goodbye.” - [Evans v. U.S.: More on the innocent possession of a firearm](https://koehlerlaw.net/2023/12/evans-innocent-possession-of-firearm/) - According to the "innocent possession of a firearm" defense in D.C., it is permissible to use in self-defense what might otherwise be an unlawful firearm. - [On the Victims of Violent Crime Fund (VVCF) in D.C.](https://koehlerlaw.net/2025/07/on-the-victims-of-violent-crime-fund-in-dc/) - The Victims of Violent Crime Fund (VVCF) in Washington, D.C. provides financial assistance to victims of violent crimes and their families. - [Defining a "Testimonial Statement" under Crawford](https://koehlerlaw.net/2025/07/defining-a-testimonial-statement-under-crawford/) - A 911 call is testimonial for purposes of the Confrontation Clause if its primary purpose is to further a criminal prosecution, not respond to an emergency. - [On "reliable hearsay" in Parker/Rollerson](https://koehlerlaw.net/2025/07/on-reliable-hearsay-in-parker-rollerson/) - Although hearsay” is admissible at pretrial hearings to establish the legal basis for a seizure, this hearsay must have sufficient indicia of reliability. - [Keith Evans on the "Newton Rule"](https://koehlerlaw.net/2013/02/keith-evans-on-the-newton-rule/) - If you exclaim to the jury that they can’t possibly convict your client, their knee-jerk response is going to be: “You don’t think so? ust watch us.” - [No Excuses. Accountability.](https://koehlerlaw.net/2013/03/no-excuses-accountability/) - “I messed up again, and I have no excuses. I am ready to face the consequences of my actions.” This is what the defendant says to the court at her probation.... - [Unlawful entry and the "independent justification requirement"](https://koehlerlaw.net/2025/07/unlawful-entry-and-the-independent-justification-requirement/) - For unlawful entry (public premises), an order to leave must be given by a person with authority based on some established policy, rule or regulation. - [Storming the Capitol in Larson-Olson v. U.S.](https://koehlerlaw.net/2024/04/storming-the-capitol-in-larson-olson-v-us/) - It was hard to argue that there was insufficient evidence to convict Larson-Olson of unlawful entry when recordings showed defendant struggling with police. - [D.C.’s new sealing/expungement law needs fixing](https://koehlerlaw.net/2025/06/d-c-s-new-sealing-expungement-law-needs-fixing/) - Major problems with D.C.'s new criminal record sealing/expungement statute may need to resolved by the D.C. Court of Appeals. - [Cross-examining a pro se petitioner in a CPO case](https://koehlerlaw.net/2021/05/cross-examining-pro-se-petitioner-cpo-case/) - Trying a case -- in this case, a CPO hearing -- against an unrepresented party is always an experience. The rules of evidence are difficult. - [Is Concession of Guilt In Opening Statement A Guilty Plea?](https://koehlerlaw.net/2014/01/is-concession-of-guilt-in-opening-statement-a-guilty-plea/) - Hopkins v. United States, 84 A.3d 62 (D.C. 2014): Did admission of guilt in opening statement at trial constitute a guilty plea? - [The "voluntary intoxication" defense in D.C.](https://koehlerlaw.net/2025/06/the-voluntary-intoxication-defense-in-dc/) - A defendant’s voluntary intoxication may negate the mens rea of a criminal offense if the defendant has reached a point of incapacitating intoxication. - [“Fake news” and the license to be ignorant](https://koehlerlaw.net/2024/07/fake-news-and-the-license-to-be-ignorant/) - Ignorance used to be something to be ashamed of. Now we seem to celebrate it. It is anti-elitist. It proves our connection to the common man. - [Getting the rules of evidence wrong in HBO’s “The Undoing”](https://koehlerlaw.net/2020/12/hbos-the-undoing/) - It can't be much fun to watch a legal drama on TV with my wife and me. We understand the need to keep the story moving. But you have to get basics correct. - [Felony-Murder and the Case of Annie Le](https://koehlerlaw.net/2010/01/felony-murder-and-the-annie-le-case/) - A homicide is a killing by one person of another. Voluntary manslaughter is an intentional but provoked killing. Murder requires malice aforethought. - [The "Jury Trial Tax": The Penalty for Insisting on a Jury Trial](https://koehlerlaw.net/2010/01/looking-at-the-jury-trial-tax/) - You may get stiffer sentence after trial in front of a jury, as opposed to judge. That's right: Same facts. Same verdict. Different sentence. - [The Challenges Of Being A Solo Practitioner](https://koehlerlaw.net/2010/01/the-challenges-of-being-a-solo-practitioner/) - I was sorry to learn this morning that one of my favorite legal bloggers – Michael McLees of Fast Texas Divorce – has decided to discontinue his blog. - [Listening to the Witness on Cross-Examination](https://koehlerlaw.net/2010/01/listening-to-the-witness-on-cross-examination/) - No matter how carefully you have prepared, you need to be alert to any unexpected answers from a witness, answers that might give you an opening. - [The Koehler Law Logo](https://koehlerlaw.net/2009/12/the-koehler-law-logo/) - Of all the tasks involved in setting up a law firm, selecting a logo for my new firm was by far the most enjoyable task. Many thanks to my sister! - [Choosing the Koehler Law Motto](https://koehlerlaw.net/2009/11/choosing-the-koehler-law-motto/) - Criminal and DUI Law in Washington, D.C. - Your Rights. Your Lawyer. The Koehler Law Motto Koehler Law Criminal and DUI Defense in Washington, D.C. - [My Personal Philosophy on Criminal Defense](https://koehlerlaw.net/2009/09/my-personal-philosophy-on-criminal-defense/) - Being charged with a crime – even a simple misdemeanor – can be one of the most frightening things that ever happens to a person. - [Ralph who? The basketball great you've never heard of](https://koehlerlaw.net/2014/04/ralph-dalton-the-basketball-great-you-never-heard-of/) - You have heard of Patrick Ewing. But have you heard of Ralph Dalton? That is because, once rated on a par with Ewing, Dalton seriously injured his knee. - [Good Riddance to John Dingell](https://koehlerlaw.net/2014/02/good-riddance-to-john-dingell/) - It has always been my definition of government waste. As chairman of the House Energy and Commerce committee, Congressman John Dingell was an extremely powerful man who inspired fear in the hearts of everyone who worked at the U.S. Environmental Protection Agency. One of my duties as a special assistant in the Office of Air and Radiation during the late 1980s was to coordinate responses to the hundreds of letters his office sent us every year. Not so affectionately labeled “Dingell-grams,” these multi-page, error-ridden, and stream-of-consciousness letters contained 30 to 50 different questions, each of which demanded a detailed and fully-vetted response. - [I didn't say, "Simon says"](https://koehlerlaw.net/2017/07/i-didnt-say-simon-says/) - Q: Officer. You testified on direct that my client was talkative when you first approached his car. - [You Are Not A Professional Criminal](https://koehlerlaw.net/2014/09/you-are-not-a-professional-criminal/) - You should not feel bad. Believe me, you are not the first person to be fooled by police into making a statement or doing something else incriminating. Remember: They are professionals. They are good at what they do. And you are not a professional criminal. Lots of educated, savvy and sophisticated people have fallen for the exact same trick. - [Imperfect Impeachment and Kamala Harris](https://koehlerlaw.net/2018/09/imperfect-impeachment-and-kamala-harris/) - It is my Kamala Harris moment. You recall her questioning of Brett Kavanaugh at his confirmation hearing. She sets him up carefully: Q: Judge, have you ever discussed Special Counsel Mueller or his investigation with anyone? A: Well, it was in the news every day. Q: Have you discussed it with anyone? A: With other - [Ode to D.C. Superior courtroom clerks](https://koehlerlaw.net/2025/04/ode-to-d-c-superior-courtroom-clerks/) - My favorite clerks keep us informed of the status of the docket: Stay in the room, they tell us. You're next. Or: ou might want to come back later. - [On interacting with the jury after trial](https://koehlerlaw.net/2025/02/on-interacting-with-the-jury-after-trial/) - Suddenly, removed from the formality of the courtroom, we are sitting together in a crowded jury room. The guard comes down. Suddenly we are just people. - [D.C.'s new criminal record sealing and expungement statute](https://koehlerlaw.net/2024/04/dcs-new-criminal-record-sealing-expungement-statute/) - Scheduled to take effect in January 2026, D.C.'s new sealing and expungement statute should make it much easier for people to move on from a criminal past. - [“No matter what” and the U.S. Attorney for D.C.](https://koehlerlaw.net/2025/02/no-matter-what-and-the-u-s-attorney-for-d-c/) - “No matter what.” These are chilling words to hear from any law enforcement official. In this case, they came from the chief federal prosecutor for D - [On sycophants, yes men and self-respect](https://koehlerlaw.net/2025/01/on-sycophants-yes-men-and-self-respect/) - In making the ridiculous claim that no one works harder than Trump, Martin is willing to debase himself. He will say anything to ingratiate himself. - [On Judicial Notice and Mejia-Cortez](https://koehlerlaw.net/2021/09/on-judicial-notice-and-mejia-cortez/) - Although a court may take judicial notice of commonly known facts, the government must prove every element of a criminal offense beyond a reasonable doubt. - [On Carrying Pictures of Chairman Mao](https://koehlerlaw.net/2011/01/on-carrying-pictures-of-chairman-mao/) - For the most part, the Assistant U.S. Attorneys here in D.C. seem to have things right. For one thing, they return your phone calls, usually on the same day.... - [Sometimes a guilty verdict is a win](https://koehlerlaw.net/2011/09/sometimes-a-guilty-verdict-is-a-win-at-least-that-is-what-i-tell-myself/) - Although Virginia juries have a reputation for being unforgiving, I have also been told that juries in Prince William County can be pretty unpredictable. - [On Mirriam Seddiq and the "Not Guilty No Way" Blog](https://koehlerlaw.net/2010/03/on-mirriam-seddiq-and-the-not-guilty-no-way-blog/) - There are two fairly new criminal law blogs that have recently been given a lot of attention in the blawgosphere: Liberty and Justice for Y’All and.... - [Dealing with Stuart Schuman of the Defender Association](https://koehlerlaw.net/2019/11/dealing-with-stuart-schuman-of-the-defender-association/) - Schuman’s approach may have worked with some people. But it didn’t work with me: I was already trying as hard as I could. Shaming would not help. - ["Not guilty" in two cases and on all counts](https://koehlerlaw.net/2024/11/not-guilty-on-all-nine-counts/) - You watch the jurors’ faces for clues as they file back into the courtroom. Sometimes they stare straight ahead. Sometimes they look at you and smile. - [The Criminal Defense of "Mere Presence"](https://koehlerlaw.net/2012/02/the-criminal-defense-of-mere-presence/) - Assuming you did nothing to encourage or instigate the activity, there is nothing illegal about being present during the commission of a crime. There is also... - [These Hours Undo Me](https://koehlerlaw.net/2014/07/these-hours-undo-me/) - After dinner, my brother joins the younger generation in a game of Ultimate Frisbee. I opt to sit out of the game, joining our mother on the sidelines instead. - [Fault Lines is the Seinfeld of the Criminal Blogosphere](https://koehlerlaw.net/2016/01/fault-lines-is-the-seinfeld-of-the-cdl-blogosphere/) - Ken Womble of Fault Lines won the Simple Justice award for blog entry of 2015 and that is fitting. Scott Greenfield has been complaining about the lack of vibrancy in the criminal defense lawyer (CDL) blogsphere and Womble is a refreshing new voice. Let’s hope he, Andrew Fleishman, and others at Fault Lines can keep it up. - [Trial transcript:  Exposing your rookie partner to firearm](https://koehlerlaw.net/2024/06/trial-transcript-exposing-your-rookie-partner-to-firearm/) - Q: . . . Officer. Based on the still shots I reviewed with you, do you see anywhere where Mr. Smith grabs his waist before he starts to run? A: No. - [“No questions, your honor”](https://koehlerlaw.net/2018/01/no-questions-your-honor-2/) - When it comes to cross-examination, I consider myself a minimalist. I tell my version of the story. And I ask the witness to agree with me. - [Extending a civil protection order in D.C.](https://koehlerlaw.net/2024/07/extending-a-civil-protection-order-in-d-c/) - In order to extend a civil protection order (CPO) in Washington, D.C., the petitioner must show "good cause" that the protective order is still needed. - [Thorne v. U.S.: No penalty to defendant for exercise of constitutional rights](https://koehlerlaw.net/2012/06/thorne-v-united-states-you-cant-penalize-the-defendant-for-exercising-his-constitutional-rights/) - The defendant should not have been penalized at sentencing for having exercised his constitutional right to cross-examine the government's witness at trial. - [Same Standard, Different Penalties for Drinking-and-Driving in DC](https://koehlerlaw.net/2012/08/same-standard-different-penalties-for-drinking-and-driving-offenses-in-dc/) - The standard for proving operating while impaired and driving under the influence is the same; specifically, impaired driving ability to slightest degree. - [Interpreting Arizona v. Gant's "Reasonable Belief" Standard for Car Searches](https://koehlerlaw.net/2012/08/interpreting-arizona-v-gants-reasonable-belief-standard-for-warrantless-car-searches-in-dc/) - According to U.S. v. Taylor, police must have reasonable belief for suspecting criminal activity in order to justify a warrantless car search under Gant. - [Wynn v. US: Clarification of "Obstruction of Justice" in D.C.](https://koehlerlaw.net/2012/08/wynn-v-us-further-clarification-of-obstruction-of-justice-in-d-c/) - The actions of police officers responding to a crime scene do not fall within the definition of “due administration of justice in any official proceeding.” - [Toward an "open file" discovery requirement](https://koehlerlaw.net/2012/09/enforcing-brady-v-maryland-toward-an-open-file-discovery-requirement/) - If Brady provides a constitutionally protected right to information, legislatures in this country should provide a mechanism to enforce this requirement. - [Goodbye to Dana Tapper and the PDS Summer Interns](https://koehlerlaw.net/2012/09/goodbye-to-dana-tapper-and-the-pds-summer-interns/) - The Juvenile Services Program at the Public Defender Service (PDS) helps kids adjust to life at one of the District's secure detention facilities. - [The Ethical Obligations of a Prosecutor](https://koehlerlaw.net/2012/09/the-ethical-obligations-of-a-prosecutor/) - According to Rule 3.8 of the D.C. Rules of Professional Conduct, a prosecutor in a criminal case shall not: “[i]ntentionally fail to disclose to the defense... - [Meet the Girlfriend](https://koehlerlaw.net/2012/09/meet-the-girlfriend/) - It is hard not to like someone who has thrown in her lot – however temporary that may be – with your child. He/she is obviously a person of good taste. - [Defining "Readily Available" in Clyburn v. U.S.](https://koehlerlaw.net/2012/09/defining-readily-available-in-clyburn-v-us/) - "Readily available” is defined in Washington, D.C. as being in close proximity or easily accessible during commission of crime of violence/dangerous crime. - [Acta exteriora indicant interiora secreta](https://koehlerlaw.net/2012/09/acta-exteriora-indicant-interiora-secreta/) - The legal maxim "acta exteriora indicant interiora secreta" is translated into English as “outward acts indicate the thoughts hidden within." - [D.C. v. Loftus: Operating on a suspended license is strict liability offense](https://koehlerlaw.net/2012/09/dc-v-rachel-loftus-operating-on-a-suspended-license-is-a-strict-liability-offense/) - In order to secure a conviction for operating on a suspended license in Washington, D.C. , the prosecution does not need to prove criminal intent. - [Firing Andrew Crespo](https://koehlerlaw.net/2012/10/firing-andrew-crespo/) - 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 PDS. - [Eleven Rules for Effective Writing (aka "How to Write Good")](https://koehlerlaw.net/2012/10/eleven-rules-for-effective-writing-aka-how-to-write-good/) - Here are the 11 rules for effective writing, with thanks to Kendall Gray of The Appellate Record for reminding me of them. - [On reasonable suspicion in Funderburk](https://koehlerlaw.net/2021/10/reasonable-suspicion-funderburk/) - Police had the requisite legal basis – reasonable suspicion – to assume that one of four people present after gunshots were heard was the shooter. - [Simms v. U.S.: On the Pre-Trial Presumption of Prosecutorial Vindictiveness](https://koehlerlaw.net/2012/04/simms-v-u-s-on-the-pre-trial-presumption-of-prosecutorial-vindictiveness/) - Was the government’s addition of the new charge an effort to punish Simms for exercising his right to seek additional discovery through compulsory process? - [On the declaration of a mistrial in Walker v. U.S.](https://koehlerlaw.net/2024/06/on-the-declaration-of-a-mistrial-in-walker-v-us/) - A mistrial cannot be declared over defense objection unless “manifest necessity” requires it. When mistake is by prosecution, it is up to defense to decide - [Myers v. U.S.: What is "knowing" possession of a firearm?](https://koehlerlaw.net/2012/09/myers-v-us-what-is-knowing-possession-of-a-firearm/) - Previously convicted of felony, Myers was arrested while carrying disassembled parts of a shotgun. Was he guilty of being felon in possession of a firearm? - [On bias, extrinsic evidence, and other matters in Longus v. U.S.](https://koehlerlaw.net/2012/10/us-v-longus-on-bias-extrinsic-evidence-and-the-collateral-fact-rule/) - Because a witness's emotions or feelings can affect testimony, bias is always relevant. It can also be proven through extrinsic evidence. - [Mason v. U.S.: When Is A Prior Consistent Statement Admissible?](https://koehlerlaw.net/2012/10/mason-v-us-when-is-a-prior-consistent-statement-admissible/) - The general rule on "bolstering" is that you are not allowed to sing the praises of your own witness until that witness has been challenged or impeached. - [A Farewell to Tolo](https://koehlerlaw.net/2019/04/a-farewell-to-tolo/) - Forty-seven years after our family's first visi to Tolo, four of us – my brother, two sisters and I – board a flight for Athens. We are accompanied by two spouses, one significant other, and six of our children. - [Lazo v. U.S.: A Court's Duty To Investigate a Jencks Act Violation](https://koehlerlaw.net/2012/10/lazo-v-u-s-a-courts-duty-to-investigate-a-jencks-act-violation/) - The Jencks Act,18 U.S.C § 3500, requires the prosecution to turn over any “statement” of a prosecution witness that relates to subject matter at issue. - [Narrowing the definition of kidnapping in Cardozo v U.S.](https://koehlerlaw.net/2024/06/narrowing-the-definition-of-kidnapping-in-cardozo-v-us/) - According to Cardozo v. US, D.C.'s kidnapping statute requires the holding or detention of someone for a substantial period of time, not a momentary grasp. - [I Feel The Pain of Everything. Then I Feel Nothing.](https://koehlerlaw.net/2012/10/i-feel-the-pain-of-everything-then-i-feel-nothing/) - Lose the restlessness of youth and the world becomes a smaller, more hospitable place. Time slows down. Practicality trumps most everything else. - [Navigating D.C. Superior Court](https://koehlerlaw.net/2021/03/d-c-superior-court-contact-information/) - 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. - [MAGA’s introduction to our criminal justice system](https://koehlerlaw.net/2024/05/magas-introduction-to-our-criminal-justice-system/) - We have learned that the same rules apply to everyone. It does not matter if you are a homeless person or the former president of the United States. - ["Call my accuser before my face . . ."](https://koehlerlaw.net/2012/10/call-my-accuser-before-my-face/) - Right to confrontation applies to testimonial statements of a non-appearing witness unless (1) the witness is unavailable and (2) prior cross-examination. - [On 4th Amendment seizures and abandoned property in U.S. v. Pope](https://koehlerlaw.net/2024/04/on-4th-amendment-seizures-and-abandoned-property-in-us-v-pope/) - When is a person seized for Fourth Amendment purposes? When is a piece of property abandoned such that there is no longer reasonable expectation of privacy? - [Editorializing about Miranda rights in Green v. U.S.](https://koehlerlaw.net/2024/05/editorializing-about-miranda-rights-in-green-v-us/) - Although officers are not required to read the Miranda rights verbatim, any editorializing risks confusing the suspect, thereby nullifying the warning. - ["My Lawyer Told Me Not To Talk To Anyone About This Case"](https://koehlerlaw.net/2012/11/my-lawyer-told-me-not-to-talk-to-anyone-about-this-case/) - One of the reasons I accept court appointments in juvenile cases is that juveniles generally listen to you. But even then you cannot take that for granted. - [On getting your own witness locked up](https://koehlerlaw.net/2012/11/on-getting-your-own-witness-locked-up/) - I put our star witness in jail. I have heard about prosecutors being slammed for doing this. One of my adjunct professors in law school – a prosecutor in.... - [Negotiating the "proffer of facts" in a plea agreement](https://koehlerlaw.net/2024/05/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. - [Interpreting "Joint Constructive Possession" in Tamara Smith v. U.S.](https://koehlerlaw.net/2012/11/interpreting-joint-constructive-possession-in-smith-v-us/) - Constructive possession becomes joint constructive possession when “dominion and control” is shared by two or more people. - [Cross-examination on a "confidential location"](https://koehlerlaw.net/2024/05/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 - [Attempted battery assault is a "specific intent" offense](https://koehlerlaw.net/2012/12/attempted-battery-assault-in-d-c-is-a-specific-intent-offense/) - As recent D.C. case law demonstrates, the distinction between general and specific intent crimes is both simplistic and potentially misleading. - [Interdum minus fit plus: Sometimes less is more.](https://koehlerlaw.net/2012/12/no-questions-your-honor/) - The prosecutor’s tell-tale “okay” after each answer is the legal equivalent of Pee Wee Herman crashing his bicycle and claiming he meant to do that. - [Why I Prefer D.C. Superior Court](https://koehlerlaw.net/2012/12/why-i-prefer-dc/) - Here are 15 reasons I prefer D.C. Superior Court to the Criminal Justice Center in Philadelphia. - [Mindy Daniels, my reluctant mentor](https://koehlerlaw.net/2012/12/mindy-daniels-my-reluctant-mentor/) - 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. - [Jackson v. U.S.: Being nervous does not mean you are dangerous](https://koehlerlaw.net/2012/12/jackson-v-us-just-being-nervous-does-not-mean-you-are-dangerous/) - Without more specifics, the defendant's movements were insufficient to arouse a reasonable fear in the officer that Mr. Jackson was presently dangerous. - [The Difference Between Direct and Circumstantial Evidence in D.C.](https://koehlerlaw.net/2013/01/the-difference-between-direct-and-circumstantial-evidence-in-d-c/) - Someone was asking me the other day about the difference between direct evidence and circumstantial evidence. The D.C. Criminal Jury Instructions provide a.... - [Harrison v. U.S.: Reasonable Doubt Through Too Many "Interconnected Inferences"](https://koehlerlaw.net/2013/01/harrison-v-us-reasonable-doubt-raised-through-too-many-interconnected-inferences/) - While a jury may draw reasonable inferences from evidence, it may not base a verdict on mere speculation. In this case, there were two many inferences. - [Eliminating uncertainty through a Rule 11(c)(1)(C) plea](https://koehlerlaw.net/2023/08/eliminating-uncertainty-in-the-plea-process-through-a-rule-11c1c-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 imposed. - [Rest in Peace, Noah Clements](https://koehlerlaw.net/2023/08/rest-in-peace-noah-clements/) - 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. - [On ineffective assistance of counsel in Dugger v. U.S.](https://koehlerlaw.net/2023/09/ineffective-assistance-of-counsel-in-dugger-v-us/) - A seasoned criminal defense lawyer was replaced by someone who had never before tried a criminal case. Not surprisingly, things did not go well for defendant. - [On searching a car after POCA arrest in Smith v. U.S.](https://koehlerlaw.net/2023/09/searching-a-car-after-poca-arrest/) - Even if officers had legal basis for searching the car based on the fact that POCA is an arrestable offense, they still did not have authority to search box. - [T.W. and the "jump out" cops in D.C.](https://koehlerlaw.net/2023/09/the-jump-out-cops-in-dc/) - All over the District, young black men are lifting their shirts to show their waists as the unmarked cars cruise past. This is because of the "jump out" cops. - [Checking the room for U.S. Marshalls](https://koehlerlaw.net/2023/09/checking-the-room-for-us-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 excruciating. - [Lousy plea offers. More trials.](https://koehlerlaw.net/2023/10/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. - [Limiting re-cross examination in Sanchez v. U.S.](https://koehlerlaw.net/2023/10/limiting-recross-examination-in-sanchez-v-us/) - Criminal defendants have a constitutional right to confront their accusers. In D.C., however, this right does not necessarily extend to recross examination. - [Riding the Acela with Matt Gaetz](https://koehlerlaw.net/2023/10/riding-the-acela-with-matt-gaetz/) - I spend a lot of time on the Acela. So too do other people I have encountered over the last year or so: Tony Fauci, Matt Gaetz, Elise Stefanik and others. - [Storming the Capitol with Jenna Ellis](https://koehlerlaw.net/2023/10/storming-the-capitol-with-jenna-ellis/) - There never was an “elite strike force team.” Nor was there any significant election fraud. It is hard to believe that she once had the ear of the President. - [A man with a destination](https://koehlerlaw.net/2023/11/a-man-with-a-destination/) - Dressed nicely and sitting outside the lawyer's lounge, the woman always appeared to be speaking on the phone about some weighty constitutional issue. - [On the fumbling hand of counsel](https://koehlerlaw.net/2023/11/on-the-fumbling-hand-of-counsel/) - According to the 6th Amendment, the lawyer who accepts representation in a criminal case must affirmatively assist with the defense, thereby advancing it. - [Looking for "white spaces" in the prosecution’s case](https://koehlerlaw.net/2023/12/looking-for-white-spaces-in-the-prosecutions-case/) - Experienced criminal defense attorneys have taught me to to look for "white spaces" in the government's case.; that is, to focus on what is NOT there. - [On receiving stolen property in Lucas](https://koehlerlaw.net/2024/01/on-receiving-stolen-property-in-lucas/) - "Possesses" stolen property refers to the continuing act of being in possession of the property, not the act of taking possession at the time of acquisition. - [Ode to a legal career](https://koehlerlaw.net/2024/02/ode-to-a-legal-career/) - When I say how good Emma would be at the practice of law, her mother -- my little sister -- points out that Emma is really an academic at heart. - [Renewal of CJA Panel for 2024](https://koehlerlaw.net/2024/03/renewal-of-cja-panel-for-2024/) - 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. - [Stop plagiarizing my website](https://koehlerlaw.net/2020/01/nabeel-kibria-of-ervin-kibria-law-has-plagiarized-my-website/) - Last year I found out that Nabeel Kibria of Ervin Kibria Law had lifted whole blocks of language from my website for use on his. - [Consensual encounters and unprovoked flight under Henson v. U.S.](https://koehlerlaw.net/2012/12/na-na-na-na-boo-boo-consensual-encounters-and-unprovoked-flights-under-henson-v-us/) - The problem with bad law is that it leads to even worse law. I have never been a big fan of the U.S. Supreme Court’s decision in Illinois v. Wardlow, which.... - [He is 12 Years Old: Test Test](https://koehlerlaw.net/2013/01/he-is-12-years-old/) - My client thanks me, and offers his hand. His handshake is weak, what my father would have called the "fish handshake,” but our eyes meet, if only for a moment - [Overwhelming clients with communication](https://koehlerlaw.net/2021/05/overwhelming-clients-with-communication/) - Although we often take the most pride in our courtroom skills, clients are often more concerned about how well we communicate with them. - [Dorsey v. U.S.: "I Want to Speak to a Lawyer"](https://koehlerlaw.net/2013/02/dorsey-v-us-i-want-to-speak-to-a-lawyer/) - Although you might think that invoking your right to remain silent and invoking your right to a lawyer would have the same legal effect, you would be.... - [James Shellow: Cross-Examining the Analyst in a Drug Prosecution](https://koehlerlaw.net/2013/02/james-shellow-on-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 could not.... - [Motive, Intent, Identity, and Absence of Mistake Under Drew](https://koehlerlaw.net/2013/02/motive-intent-identity-and-absence-of-mistake-under-drew/) - One of the disadvantages to practicing law in D.C. is that the courts here do not use the Federal Rules of Evidence (FRE). You can’t just consult the text of... - [One Degree of Separation Between Greatness and Me](https://koehlerlaw.net/2013/02/one-degree-of-separation-between-greatness-and-me/) - After game, one of guys from other team was grousing about the loss. Next time, I suggested, you might try passing the ball to Perry Moss once or twice. - [Constructive Possession: Intent Required, Not Just Proximity and Knowledge](https://koehlerlaw.net/2013/03/constructive-possession-intent-required-not-just-proximity-and-knowledge/) - Intent, in addition to proximity and knowledge, is required to prove that the accused meant to exercise dominion or control over the narcotics. - [D.C. Court of Appeals on "Furtive Gestures"](https://koehlerlaw.net/2013/03/dc-court-of-appeals-on-furtive-gestures/) - The difficulty is that from the viewpoint of the observer, an innocent gesture can often be mistaken for a guilty movement. - [Bob Ford Meets Bob Ford](https://koehlerlaw.net/2013/03/bob-ford-meets-bob-ford/) - When we lived in Philadelphia, I used to read a daily column in the Philadelphia Inquirer written by a sportswriter named Bob Ford. I also played softball.... - [On Gideon and the arrogance of public defenders](https://koehlerlaw.net/2013/03/happy-birthday-to-gideon-on-the-arrogance-of-public-defenders/) - At the Defender Association of Philadelphia, the office policy in multi-defendant cases was to represent the defendant with the most serious charges, the.... - [Unlawful Entry, Criminal Contempt, Double Jeopardy, and Prior Bad Acts](https://koehlerlaw.net/2013/03/hayes-v-us-unlawful-entry-criminal-contempt-double-jeopardy-and-prior-bad-acts/) - According to Haye v. U.S., physical copy of barring notice was not necessary for purposes of unlawful entry. Evidence of prior barring was not inadmissible. - [Further Guidance on Significant Bodily Injury in Quintanilla v. U.S.](https://koehlerlaw.net/2013/03/further-guidance-on-significant-bodily-injury-in-quintanilla-v-us/) - Was medical attention needed to prevent “long-term physical damage” and “other potentially permanent injuries – or at least abating pain that is ‘severe’”? - [Young v. U.S.: The Confrontation Clause Is Still Alive In D.C.](https://koehlerlaw.net/2013/04/young-v-us-the-confrontation-clause-is-still-alive-in-dc/) - The Supreme Court has made such a mess of the Confrontation Clause line of cases that the D.C. Court of Appeals declared that it rdoesn’t know what to do. - [Do the Exclusionary Rules Deter Illegal Conduct?](https://koehlerlaw.net/2013/04/mccormick-on-evidence-whether-the-exclusionary-rules-deter-illegal-conduct/) - The exclusionary rules might not be quite as effective as we might think in deterring illegal action by police officers and other government officials. - [No More Weekends in DUI Cases](https://koehlerlaw.net/2013/09/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 .... - [Unnatural Consequences: The Price of a Tweet](https://koehlerlaw.net/2013/05/unnatural-consequences-the-price-of-a-tweet/) - We all agree that smart kids sometimes do stupid things. Studies show that the teenage brain is not fully developed, which leads to impulsive decision-making. - [On the Crucible of Cross-Examination](https://koehlerlaw.net/2013/04/on-the-crucible-of-cross-examination/) - It happens perhaps most often in domestic violence cases that the complainant fails to show up on the morning of trial. The government would have you believe... - [Mitchell v. U.S.: Cruelty to Children is a General Intent Offense](https://koehlerlaw.net/2013/04/mitchell-v-us-cruelty-to-children/) - Cruelty to children is a general intent crime. The statute does not require that a person’s conduct be directed at a child or that the child suffer an injury. - [Second Careers: Law School After 40](https://koehlerlaw.net/2012/03/second-careers-law-school-after-the-age-of-40/) - I was 43 years old when I started my legal career. I loved law school, and I still love the practice of law. There is always so much to learn. - [Avvo: Falsus in Uno, Falsus in Omnibus](https://koehlerlaw.net/2013/04/avvo-falsus-in-uno-falsus-in-omnibus/) - If Avvo is not straight with me when it comes to how many people come across my profile, I can’t help wondering how ele they are not being honest with me. - [Pet Peeves: On Prosecutors and Professionalism](https://koehlerlaw.net/2013/08/pet-peeves-on-prosecutors-and-professionalism/) - This is Human Relations 101. You treat everyone with courtesy no matter who they are. You treat everyone with respect no matter who you are. - [Baltimore Won’t Have Me To Kick Around Just Yet](https://koehlerlaw.net/2013/09/baltimore-wont-have-me-to-kick-around-just-yet/) - Although I am not looking forward to yet another transition, I know I can do it. You feel pretty out-of-place for a while. Then things fall into place. - [The "Stationary Shelter" Doctrine in Maryland DUI Cases](https://koehlerlaw.net/2013/05/the-stationary-shelter-doctrine-in-maryland-dui-cases/) - A Maryland case has held that it should not be a crime to sit intoxicated in a vehicle while if the car is being used as shelter, not vehicle. - [Knowing When A Case Has Been Lost](https://koehlerlaw.net/2013/06/the-big-zee-knowing-when-a-case-has-been-lost/) - He is a senior prosecutor. He doesn’t hide the ball or overtry his cases. He is pleasant and reasonable, and he lets you know exactly where he is coming from. - [Overruling Her Own Objection](https://koehlerlaw.net/2013/07/overruling-her-own-objection/) - Midway into my cross-examination of the officer, the judge calls the prosecutor and me to the bench so that she can talk to us outside the jury's hearing. - [I don't want to be that guy](https://koehlerlaw.net/2021/03/cranky-old-criminal-defense-lawyer/) - I have to be careful -- as I grow more experienced and continue to age --that I don’t turn into the stereotype of the cranky old criminal defense lawyer. - [I am your 4:00 o’clock appointment](https://koehlerlaw.net/2013/07/i-am-your-400-oclock-appointment/) - The banker is unfriendly: She tells me that, although she would love to help me, she cannot be late for her 4:00 pm meeting. I am her 4:00 pm meeting. - [Anxiety on the morning of trial](https://koehlerlaw.net/2013/07/on-the-morning-of-trial/) - Wayne my investigator is a worrier. I am too. Wayne is an early riser. So am I. This means I usually have company early mornings before trial. - [On the let-down after a lost DUI trial](https://koehlerlaw.net/2013/07/the-morning-after/) - After four days of trial, the jury took only a couple of hours to find my client guilty. It is amazing how a loss causes you to question every decision. - [Problems in Measuring a DUI Breath Sample](https://koehlerlaw.net/2013/07/problems-in-measuring-a-dui-breath-sample/) - The Intoximeter EC/IR II requires a breath sample of at least 1500 cubic centimeters (or 1.5 liters) before it can provide a result. - [It Will Be Our House](https://koehlerlaw.net/2013/08/it-will-be-our-house/) - When we moved to Philadelphia many years ago, we made the mistake of showing the new house to our children – still very young at that point – when the.... - [On the judges who take the bench on time](https://koehlerlaw.net/2014/10/it-is-all-about-respect/) - The judge takes the bench at 9:15 am. That she does this without fail is a sign of respect for the system and for every person who appears in front of her. - [Immediacy of response, not threat, in self-defense case](https://koehlerlaw.net/2014/12/when-it-comes-to-self-defense-it-is-the-immediacy-of-the-response-not-the-immediacy-of-the-threat/) - If threatened harm is cannot be avoided if the intended victim waits until the last moment, the principle of self-defense must permit him to act earlier. - [On “offensive touching" assault in D.C.](https://koehlerlaw.net/2023/04/on-offensive-touching-assault-in-d-c/) - The defendant “poked” the complainant after having been specifically admonished not to do so. Such an "offensive touching" constituted a criminal assault. - [Things Slow Down](https://koehlerlaw.net/2013/09/things-slow-down/) - You focus on a few areas in which the government is vulnerable. And then you do it again and again, each time learning from your mistakes the previous time. - [On lawyers who take on more than they can handle](https://koehlerlaw.net/2013/09/busy-busy-busy/) - If you are too busy to return phone calls from a client or a colleague, then you are too busy to be taking on any more cases. Clear your desk. Do your work. - [Meet Bob](https://koehlerlaw.net/2021/03/meet-bob/) - My new investigator Bob tends to believe our clients. Like me, he is a bit gullible. This is rare in our line of business. Sometimes it is a good thing. - [No room for the boy](https://koehlerlaw.net/2021/05/no-room-for-the-boy/) - Criminal cases in which parties know each other well offer all sorts of nuances. There is almost always a lot for a defense attorneys to work with. - [Mandatory vs. statutory minimum sentences](https://koehlerlaw.net/2020/12/mandatory-vs-statutory-minimum-sentences/) - Both mandatory and statutory minimum sentences set a term of imprisonment that must be imposed. However, the court can suspend a statutory minimum sentence. - [Woman Doing Good](https://koehlerlaw.net/2013/09/woman-doing-good/) - During the second week of our empty-nesting, Susan and I head up to New York. She is accepting an award from SELF magazine as a “woman doing good.”.... - [With The Rush of Adrenaline Came Anger](https://koehlerlaw.net/2013/08/with-the-rush-of-adrenaline-came-anger/) - got held up on my way to Union Station today. Or at least I think I did. I had finished up early at court and was heading over to the station to catch the.... - [I wanted to hit the complainant myself](https://koehlerlaw.net/2015/05/disliking-the-victim/) - I wanted to hit him myself. This is what I tell my client after speaking with the complainant in a simple assault case. - [New CPO law takes effect in D.C.](https://koehlerlaw.net/2021/05/new-cpo-law-takes-effect-in-dc/) - The Intrafamily Offenses and Anti-Stalking Orders Amendment Act of 2020, which took effect on April 27, 2021, amended D.C. laws on civil protection orders. - [Criminal threat requires ability to follow through](https://koehlerlaw.net/2021/05/criminal-threat-requires-ability-to-follow-through/) - A person needs to be able to follow through on a threat in order for that threat to be considered criminal. So held the D.C. Court of Appeals in Thomas v. U.S. - [Civil asset forfeiture in D.C.](https://koehlerlaw.net/2021/06/civil-asset-forfeiture-in-d-c/) - Property seized by police during an arrest is often subject to civil forfeiture proceedings whether or not the person is ever convicted of a crime. - [2023 Assignments for D.C. Superior Court](https://koehlerlaw.net/2023/01/2023-judicial-assignments-for-dc-superior-court/) - Here are the judicial assignments for the Criminal Division of D.C. Superior Court for 2023 - [On the importance of being heard](https://koehlerlaw.net/2021/08/on-the-importance-of-being-heard/) - The Zulu greeting “Sawubona” translated literally means “I see you.” Because it is important to be seen. - [Why The Truth Doesn’t Matter At Trial](https://koehlerlaw.net/2013/10/why-the-truth-doesnt-matter-at-trial/) - The judge or jury learns what happened not through direct observation but through the imperfect testimony of equally imperfect human beings. - [Lamp as Inanimate Object and Other Really Bad Analogies](https://koehlerlaw.net/2013/02/lamp-as-inanimate-object-and-other-really-bad-analogies/) - The Washington Post held a contest a couple of years ago in which it asked school teachers to send in examples of the worst analogies they had ever.... - [Amusing Trial Transcripts](https://koehlerlaw.net/2012/05/amusing-trial-transcripts/) - Back when I was a public defender, my office mate used to come across me reading transcripts from court hearings I had done – from either a trial or a.... - [Good judge. Bad person.](https://koehlerlaw.net/2020/10/good-judge-bad-person/) - A D.C. Superior Court judge -- always one of my favorites -- retires abruptly after being accused of sexually assaulting a 16-year-old girl. - [Court-appointed lawyers should lighten their case load](https://koehlerlaw.net/2015/03/court-appointed-lawyers-too-busy-lighten-your-case-load/) - I will not take cases away from the public defender. How can I take money when that person is already getting top-notch legal representation for free? - [Court-appointed lawyers do not get paid more for a plea](https://koehlerlaw.net/2019/01/court-appointed-lawyers-dont-get-paid-more-for-a-plea/) - Court-appointed lawyers in D.C. are not salaried. And we are not paid a flat fee. So yes, while trials may be more work, they also pay more money. - [Innocent Possession of a Firearm in D.C.](https://koehlerlaw.net/2011/08/innocent-possession-of-a-firearm-in-d-c/) - The innocent or momentary possession of a firearm or any other type of contraband is a valid defense in Washington, D.C. However, even assuming you can .... - [The Pros and Cons of Introducing Character Evidence in D.C.](https://koehlerlaw.net/2016/01/the-pros-and-cons-of-introducing-character-evidence-in-d-c/) - The exception for character evidence allows the defendant to argue that he or she acted in accordance with good character traits on the day in question. - [Life and other lessons from on-line gaming](https://koehlerlaw.net/2023/03/life-and-other-lessons-from-on-line-gaming/) - It is almost as if our former President intentionally peppers his tweets with grammatical errors. He wants to convince his followers he is just like they are. - [Reflections of a Google Has-Been](https://koehlerlaw.net/2019/01/reflections-of-a-google-has-been/) - I used to be King of Google for criminal defense in D.C. Traffic to my site was both wide (many readers) and deep (readers visited many pages). - [High v. U.S.: Cross Words and Police Officers](https://koehlerlaw.net/2016/01/milon-high-v-u-s-not-every-cross-word-directed-at-a-cop-is-criminal/) - Angry words uttered out of frustration and directed at police officer does not necessarily mean that the utterance constitutes a criminal threat. - [In Re S.W.: Context is Critical When Proving Criminal Threat](https://koehlerlaw.net/2012/07/in-re-sw-context-is-critical-when-proving-criminal-threat/) - I have never been a fan of D.C.’s “threats to do bodily harm” statute. For one thing, it criminalizes behavior that is already covered under the assault.... - [Stationhouse Videos in DUI Cases Are Discoverable](https://koehlerlaw.net/2015/04/terence-koonce-v-d-c-stationhouse-videos-in-duiowi-cases-need-to-be-turned-over-to-the-defense/) - In Koonce v. D.C, 111 A.3d 1009 (D.C. 2015), the D.C. Court of Appeals ruled that stationhouse videos in DUI cases must be turned over to the defense. - [People are naturally contrarian](https://koehlerlaw.net/2021/10/people-are-contrarian/) - Koehler People are, I believe, naturally contrarian. The question is how to use this phenomenon to your advantage at trial. - [On Watching A Client's Recorded Statement To The Police](https://koehlerlaw.net/2010/06/on-watching-a-clients-recorded-statement-to-the-police/) - \I think how quiet it is in this room that holds us both, my client in front of the camera and me looking on somewhere from beyond. - [The Xeroxing of Arrest Reports in a DWI/DUI Case](https://koehlerlaw.net/2010/07/the-xeroxing-of-arrest-reports-in-a-dwidui-case/) - With two DWI trials coming up, I will be focusing myself, as well as this blog, on the science and law related to this issue. I am also consulting what I.... - [What Does Evil Look Like?](https://koehlerlaw.net/2011/01/what-does-evil-look-like/) - Evil looks a lot like the pasty, bloated face of Jared Loughner grinning at us from the front page of today’s New York Times. Children have an innate sense.... - [The 2011 ABA Journal Blawg 100](https://koehlerlaw.net/2011/12/the-2011-aba-journal-blawg-100/) - Last year I wrote about the ABA’s annual list of the top 100 legal blogs – the ABA Journal Blawg 100 – asking readers to vote for their (and my) favorite.... - [Cold Feet on the Morning of Trial](https://koehlerlaw.net/2012/06/cold-feet-on-the-morning-of-trial/) - It must be pretty intimidating to arrive at the courthouse for trial to find five police officers, an eyewitness, and a complaining witness all sitting in.... - [On character and grace](https://koehlerlaw.net/2021/01/on-character-and-grace/) - The man is a sociopath. He has no class, grace or sense of humor. He does not learn. He has no shame. He is driven only by immediate self-interest. - [Kevin McCarthy should start with an apology](https://koehlerlaw.net/2021/01/kevin-mccarthy-apology/) - Kevin McCarthy wants unity? The ball is in his court. He should start by acknowledging that there was no rigged election. He should start with an apology. - [There, there](https://koehlerlaw.net/2021/02/there-there/) - They let the grandmother sleep. Because she is deaf, she does not hear the police officers assembling on the front porch of her rowhouse. - [Bias and corruption in Jones v. US](https://koehlerlaw.net/2021/12/bias-corruption-wonell-jones/) - Bias can be "a favorable or friendly feeling toward a party." It can also be hostility toward someone a motive to lie out of self-interest, and/or corruption. - [The "forfeiture-by-wrongdoing" doctrine in Hairston](https://koehlerlaw.net/2021/12/forfeiture-by-wrongdoing/) - The ‘forfeiture-by-wrongdoing" doctrine prevents a party from objecting on confrontation and hearsay grounds if he was the cause of the witness' unavailability. - [The "Rule of Lenity" in D.C.](https://koehlerlaw.net/2022/06/the-rule-of-lenity-in-d-c/) - According to the “Rule of Lenity” in Washington, D.C., a court should construe any ambiguity in the language of a criminal statute in favor of the defendant. - [Narrowing the scope of D.C.’s stalking statute in Mashaud v. Boone](https://koehlerlaw.net/2023/07/narrowing-the-scope-of-d-c-s-stalking-statute/) - With respect to speech, D.C.'s stalking statute proscribes only threats, obscenity, defamation, fraud, incitement, and speech integral to criminal conduct. - [Trial Transcript: "Bad karma" and other deadly threats](https://koehlerlaw.net/2023/09/bad-karma-and-other-deadly-threats/) - Q: You took his text about bad karma as a threat to your physical safety? A: Yes. Q: You understand what “karma” means, right? - [“He does not see the bend, behind, that will take him from view”](https://koehlerlaw.net/2018/01/he-does-not-see-the-bend-behind-that-will-take-him-from-view/) - This is not a Disney movie. His face with the dull eyes never once brightened to see me. He never confided in me, even when his defense depended on it. - [Cross-examining the "unreliable narrator"](https://koehlerlaw.net/2023/07/cross-examining-the-unreliable-narrator/) - Our goal as criminal defense attorneys is to turn opposing witnesses into unreliable narrators: Storytellers who should be punished for violating our trust. - [On "true threats" in Counterman v. Colorado](https://koehlerlaw.net/2023/07/on-true-threats-in-counterman-v-colorado/) - For a threat to be unprotected by the 1st Amendment, the prosecution must prove that the defendant subjectively understood that the statement was threatening. - [Saidi v. U.S.: No Special Findings in Defense-of-Property Case](https://koehlerlaw.net/2015/03/ben-saidi-v-united-states-no-special-findings-in-defense-of-property-case/) - You are allowed to use a reasonable amount of force to protect property even if there is no actual or threatened injury to the property by the trespasser. - [Your Desk, By The Window](https://koehlerlaw.net/2018/05/your-desk-by-the-window/) - “I am in.” This is what my niece Meg says as she forces open a window on the first-floor and crawls into the building. - [Quashing a CPO Petition in D.C.](https://koehlerlaw.net/2023/04/quashing-a-cpo-petition-in-d-c/) - The Respondent in a civil protection order (CPO) case in D.C. can file a motion to "quash" (i.e., annul) the petition if the court does not have jurisdiction. - [I like Mr. Williams](https://koehlerlaw.net/2019/10/i-like-mr-williams/) - 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? - [A "two-tiered justice system" at the D.C. Jail](https://koehlerlaw.net/2023/03/a-two-tiered-justice-system-at-the-d-c-jail/) - Unlike their counterparts at the Central Detention Facility, the January 6 defendants are being held in relative comfort at the Correctional Treatment Facility. - [The Blackwater Fraud Trial: Ode to Plaintiff's Counsel](https://koehlerlaw.net/2011/07/the-blackwater-fraud-trial-ode-to-plaintiffs-counsel/) - The Blackwater fraud trial begins tomorrow. For the next two weeks or so, my wife and her team will be sequestered within a two-block radius of the federal.... - ["A Military Brat With Daddy Issues"](https://koehlerlaw.net/2012/02/a-military-brat-with-daddy-issues/) - There are people in this world, it turns out, who don’t like my wife. It is not surprising that, along with the fans, her high-profile public interest and.... - [Reaching out to clients during the pandemic](https://koehlerlaw.net/2021/07/reaching-out-to-clients-during-the-pandemic/) - Reaching out to clients during the pandemic: Sometimes I need to drop my loud, know-it-all lawyer's voice. Sometimes what I need to do is listen. - [On the "Claim of Right" Defense in D.C.](https://koehlerlaw.net/2022/03/claim-of-right-defense-dc/) - Although "claim of right” is a valid defense to theft offenses, the defense fails when the person takes more than the property whose ownership is in question. - [As-salamu alaykum.  Have a blessed day.](https://koehlerlaw.net/2022/11/as-salamu-alaykum-have-a-blessed-day/) - I look forward to seeing him every morning. We do our little exchange and then we fist bump, and I continue onto the metro smiling and in much better spirits. - [Shoutout to the AUSAs in D.C.  ](https://koehlerlaw.net/2022/11/shoutout-to-the-ausas-in-d-c/) - 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. - [Performance theater serving a purpose](https://koehlerlaw.net/2023/01/performance-theater-serving-a-purpose/) - I am not big on court theatrics. But sometimes you need to say things for no other reason than that the client will hear you. - [Dealing with the Parents of a Juvenile Client](https://koehlerlaw.net/2011/12/dealing-with-the-parents-of-a-juvenile-client/) - My client’s mother is annoyed with me. She disagrees with her 16-year-old son’s decision to take his case to trial, and she is convinced I am the one who.... - [Farewell to Judge William Nooter](https://koehlerlaw.net/2023/02/farewell-to-judge-nooter/) - Recently retired D.C. Superior Court Judge William Nooter was smart and thoughtful. He treated everyone with respect. He was humble. - [Refining the Definition of “Testimonial Evidence” under Crawford v. Washington](https://koehlerlaw.net/2014/03/refining-the-definition-of-testimonial-evidence-under-crawford-v-washington/) - Police questioning results in “testimonial” evidence if the primary purpose of the interrogation is to gather evidence for later use in a criminal proceeding. - [The "Quantum of Evidence" Needed to Corroborate a Confession](https://koehlerlaw.net/2013/02/in-re-k-a-the-quantum-of-independent-evidence-needed-to-corroborate-a-confession/) - In re K.A., 60 A.3d 442 (D.C. 2013), a quantum of evidence is needed to "corroborate" a confession in D.C. before the confession can be introduced to the jury. - [Alternative Treatment for First-Time Drug Offenders in D.C.](https://koehlerlaw.net/2011/04/cocaine-possession-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.... - [#Serial: No Miscarriage of Justice in the Adnan Syed Case](https://koehlerlaw.net/2015/02/serial-no-miscarriage-of-justice-in-the-adnan-syed-case/) - Over at our private family page on Facebook, we have been having a lively discussion about Serial, the This American Life podcast that investigates the 1999 murder of Baltimore County high school senior Hae Min Lee. Lee’s former boyfriend Adnan Syed is currently serving a life sentence for her murder. The 12-episode podcast investigates allegations of his innocence. - [Trial Ad 101: On Reading A Closing Argument at Trial](https://koehlerlaw.net/2011/05/on-reading-a-closing-argument-at-trial/) - Sitting in Room 117 of D.C. Superior Court last week, I caught the tail end of a bench trial in which the defense attorney read her closing argument from a.... - [On Developing a Trial Persona That Works for You](https://koehlerlaw.net/2013/01/on-developing-a-trial-persona-that-works-for-you/) - One of the first things they told us during training at the public defender’s office in Philadelphia was that, although they could help us develop many of .... - ["Present Sense Impression" in Sims v. United States](https://koehlerlaw.net/2019/08/present-sense-impression-in-sims-v-us/) - In addition to contemporaneity and spontaneity, the proponent of a "present sense impression" hearsay exception must prove that the declarant personally perceived the event described. - [D.C. Superior Court Criminal Division: Judicial Assignments for 2022](https://koehlerlaw.net/2022/03/judicial-assignments-2022/) - Here are the 2022 Judicial Assignments for the D.C. Superior Court Criminal Division - [I told you so](https://koehlerlaw.net/2022/09/i-told-you-so/) - Sometimes you should exercise your right to remain silent. Sometimes you should take your lawyer's advice. That is what you pay your lawyer for. - [Forever houses](https://koehlerlaw.net/2022/08/forever-houses/) - My wife has a history of agreeing to rent or buy the first place we visit whenever we are looking for a place to live. This is great, she says. We'll take it. - [The difference between a leading and non-leading question](https://koehlerlaw.net/2019/03/leading-v-non-leading-question/) - A leading question tells the witness what the answer should be. The question contains the answer. This is opposed to a non-leading or open-ended question. - [On a client's changing expectations](https://koehlerlaw.net/2022/08/managing-client-expectations/) - Client expectations can fluctuate wildly, even within a given case. A big part of our job is to make sure these expectations are both informed and realistic. - [D.C. Superior Court Criminal Calendar: 2019 Judicial Assignments](https://koehlerlaw.net/2019/01/d-c-superior-court-criminal-calendar-2019-judicial-assignments/) - 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 - [On Rushed and Ill-Considered Guilty Pleas](https://koehlerlaw.net/2010/02/on-rushed-and-ill-considered-guilty-pleas/) - Last summer, my 19-year-old daughter decided that she wanted to come see me in court. I had just given notice of my intention to resign from the.... - [On working with indigent criminal defendants](https://koehlerlaw.net/2022/05/on-working-with-indigent-criminal-defendants/) - Five lessons: (1) never push a plea, (2) don't defend the system, (3) never contradict your client, (4) a light touch helps, and (5) so does a thick skin. - [Can a witness’s own statement be hearsay?](https://koehlerlaw.net/2019/01/witnesss-statement-hearsay/) - If statement offered by the witness was intended as assertion and is being offered to prove the truth of the matter, then the statement would still be hearsay. - ["Everything Believable Between"](https://koehlerlaw.net/2010/10/everything-believable-between/) - I wake up in the same bed I slept in as a boy, in a house Sylvia Plath once likened to a walnut. If I went back in time to the days I shared the room with my... - [Unlawful Entry in D.C.: Odumn v. United States](https://koehlerlaw.net/2020/06/unlawful-entry-dc-odumn/) - According to recent decision in Odumn v. U.S., a landlord may not prohibit a tenant from inviting a third party onto leased premises for a lawful purpose. - [“Touching” versus “feeling” in Augustin v. United States](https://koehlerlaw.net/2020/11/touching-versus-feeling/) - For purposes of the MSA-M statute, the D.C. Court of Appeals refused to limit the definition of "touch" to the act of "feeling" with one's tactile senses. - [On the "missing evidence" jury instruction in Howard v. US](https://koehlerlaw.net/2020/12/missing-evidence-instruction/) - Like "reading the white space" on a police report, the "missing evidence" jury instruction “essentially creates evidence from non-evidence.” - [On the "buyer's agent" defense in Simms](https://koehlerlaw.net/2021/02/buyers-agent-in-dc/) - There is a “buyer’s agent” defense in D.C. after all – at least with respect to drug distribution charges involving marijuana. - [Withdrawing consent for a search](https://koehlerlaw.net/2021/02/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. - [On the right to testify in Graves v. U.S.](https://koehlerlaw.net/2021/03/on-the-right-to-testify-in-graves-v-us/) - Although waiving the right to remain silent is not always the smartest thing to do, it may be necessary in cases in which the defendant asserts self-defense. - [D.C. Superior Court will remain closed for most purposes](https://koehlerlaw.net/2020/11/court-remain-closed/) - 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. - [Can a Photograph be Hearsay?](https://koehlerlaw.net/2019/01/can-a-photograph-be-hearsay/) - A photo offered as an assertion to prove the truth of the matter would constitute hearsay. To be admitted, It would thus need to satisfy a hearsay exception. - [Beating an attempted drug possession case](https://koehlerlaw.net/2021/12/beating-an-attempted-drug-possession-case/) - There are creative ways to counter the government's current strategy in Washington, D.C. of amending drug possession charges to attempted possession. - [Cross-examining a GRU officer](https://koehlerlaw.net/2021/11/cross-examining-a-gru-officer/) - I won a motion to suppress yesterday. It was particularly gratifying because the hearing involved police officers from the notorious gun recovery unit (GRU). - [My New Study in Charm City](https://koehlerlaw.net/2013/07/my-new-study-in-charm-city/) - [Classic D.C. Trial Transcript: Thomas Key on William St. Ledger, Part I](https://koehlerlaw.net/2013/08/classic-d-c-trial-transcript-thomas-key-on-william-st-ledger-part-i/) - In 2010, Thomas Key and Bryan Brown almost single-handedly dismantled the Metropolitan Police Department’s DUI program through a series of remarkable.... - [Classic D.C. Trial Transcript: Key on St. Ledger, Part II](https://koehlerlaw.net/2013/08/classic-d-c-trial-transcript-key-on-st-ledger-part-ii/) - Q: When was the last time this particular machine, the one in Government’s Exhibit Number 4, was actually calibrated? A: You mean auto-cal’d? Are you talking... - [DUI Trial Testimony: The Car Stop](https://koehlerlaw.net/2013/09/dui-trial-testimony-the-car-stop/) - Q: Officer, you testified on direct that when you first saw my client, he was driving southbound on 7th Street? A: Yes. Q:You were driving northbound?. - [DUI Trial Testimony: Horizontal Gaze Nystagmus](https://koehlerlaw.net/2013/09/dui-trial-testimony-horizontal-gaze-nystagmus/) - Q:Now, officer, turning to the HGN? A: Yes. Q:The horizontal gaze nystagmus? A: Yes. Q: It’s fair to say that you are not an opthamologist? - [DUI Trial Transcript: One-Leg Stand](https://koehlerlaw.net/2013/09/dui-trial-transcript-one-leg-stand/) - Q: Turning your attention now, Officer, to the one-leg stand. A: Okay. Q: Mr. Smith had you step into the well of the court and demonstrate how you delivered... - [DUI Trial Testimony: Basis for Car Stop](https://koehlerlaw.net/2013/09/dui-trial-testimony-basis-for-car-stop/) - Q: Officer, as I understand it, you were parked behind my client at the intersection of 19th and M Streets northwest? A: Yes. Q: And there were two .... - [PDS Launches Criminal Law Blog](https://koehlerlaw.net/2013/09/pds-launches-criminal-law-blog/) - The Public Defender Service (PDS) has just begun a blog that reviews recent D.C. Court of Appeals opinions. With Samia Fam, Nancy Glass, Jackie Frankfurt, .... - [Criminal Defense Like A Game of Internet Hearts](https://koehlerlaw.net/2013/04/criminal-defense-like-a-game-of-hearts-on-the-internet/) - Although I may not be a gamer like Ken White of Popehat, I have been playing some Hearts on the Internet recently. I love the game of Hearts. I have gotten.... - [A Personal Goodbye to Bar Exams](https://koehlerlaw.net/2013/05/a-personal-goodbye-to-bar-exams/) - I passed the Maryland Out-of-State Lawyers’ Bar Exam. It was not a slam dunk. I probably over-prepared the last time I sat for a bar – that was the full.... - [We Used To Live In The Steinberg House](https://koehlerlaw.net/2013/05/we-used-to-live-in-the-steinberg-house/) - Having sold our house in Virginia, we are now renting it back from the new owners. We will do this until we move to Baltimore.... - [My Children Are City Kids](https://koehlerlaw.net/2013/06/my-children-are-city-kids/) - My children are pleasantly surprised when they see the new house and neighborhood. They are city kids at heart. Although a bicycle is stolen from the garage.... - [Hiring the Perfect Employee: Myself](https://koehlerlaw.net/2013/07/hiring-the-perfect-employee-myself/) - When my wife and I first started going to what turned out to be our favorite local restaurant in Arlington, there was a waiter there I assumed was also the.... - [On Giving My Cell Phone Number to Clients](https://koehlerlaw.net/2013/07/on-giving-my-cell-phone-number-to-clients/) - I have always given out my cell phone number to clients. In almost seven years of practice, I have never once regretted doing this. I even did this as a.... - ["This is great. We'll take it."](https://koehlerlaw.net/2013/01/this-is-great-we-ll-take-it/) - My wife is not real picky. That is fortunate for me. Otherwise, she might never have decided to marry me. We were visiting different neighborhoods in .... - [The Gold Standard in Witness Credibility](https://koehlerlaw.net/2013/01/the-gold-standard-in-witness-credibility/) - My investigator Wayne Marshall gets an A+ for his testimony yesterday at trial. Of course, I am biased. Marshall is everything you could want in a witness.... - [What We Talk About On Our Way To A Crime Scene](https://koehlerlaw.net/2013/01/what-we-talk-about-on-our-way-to-a-crime-scene/) - It turns out that Wayne, my investigator, and I both do the laundry in our households. Apparently, neither one of us has a wife who understands that you .... - [The Permanence of Blue](https://koehlerlaw.net/2013/01/the-permanence-of-blue/) - A couple of years ago, shortly after we moved back to Arlington, I decided to stroll by our old house, just a mile or so from where we live now. I was.... - [On the Law and Other Miracles](https://koehlerlaw.net/2013/02/the-law-lies-in-my-heart/) - When I was a boy, there was a German song we used to sing called “Du Liegst Mir Im Herzen.” Taught to us by a German friend, we sang it so often, usually.... - [We Should Re-Name D.C.'s Football Team](https://koehlerlaw.net/2013/02/we-should-re-name-d-c-s-football-team/) - During my freshman year at college, there was an older guy at my fraternity everyone used to call “Heeb-heimer.” That was a play on his real name, which was.... - [Lee v. United States: Mistaken Jury Instructions on the "Defense of Others"](https://koehlerlaw.net/2013/03/lee-v-us-mistaken-jury-instructions-on-the-defense-of-others/) - The D.C. Court of Appeals was apparently feeling charitable. In Adrian Lee v. United States, 61 A.3d 655 (D.C. 2013), a decision issued last week, the Court.... - [Trust Begins at Home: A Client's Tale](https://koehlerlaw.net/2013/03/trust-begins-at-home-a-clients-tale/) - A few days ago, as my attorney and I approached the courthouse, 10 minutes before my divorce trial was scheduled to begin, he reached out to open the door.... - [On "Constructive Venting" And Wayne My Investigator](https://koehlerlaw.net/2012/11/on-constructive-venting-and-wayne-my-investigator/) - 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... - [Three Years In: Dealing With Potential Clients on the Internet](https://koehlerlaw.net/2012/11/three-years-in-dealing-with-potential-clients-on-the-internet/) - I get some strange emails. A woman wrote me the other day looking for help with all sorts of different legal problems – from personal injury to child custody... - [Confronting the Complainant Before Trial](https://koehlerlaw.net/2012/11/confronting-the-complainant-before-trial/) - If you want to get a complainant to speak with you before trial, ask the complainant about his or her injury. People love to talk about how they have been.... - [Sonia Sotomayor On Being A Lawyer](https://koehlerlaw.net/2013/01/sonia-sotomayor-on-being-a-lawyer/) - Q: Would you describe yourself as being tough on the bench? A: Demanding. Q: You're demanding. .... - [Everyone Should Have An Identical Twin](https://koehlerlaw.net/2010/08/on-identical-twins-perspective-and-line-ups-at-the-cfcf-in-philadelphia/) - For over 20 years, Detective Wynn conducted line-ups at the Curran-Fromhold Correctional Facility (CFCF) in Philadelphia. The line-ups were carried out in a.... - [All Emma, In Everything](https://koehlerlaw.net/2012/11/all-emma-in-everything/) - I am standing with my niece in front of my father’s bureau, and I show her the gold-plated watch with the “Hamilton” typed out across its face. My father.... - [Applying To Take The Maryland Out-of-State Lawyers Bar Exam](https://koehlerlaw.net/2012/12/applying-to-take-the-maryland-out-of-state-lawyer-s-bar-exam/) - The last time I sat for a bar exam – in Virginia in 2010, after taking the Pennsylvania exam in 2006 – I swore to myself that I would never, ever do it again... - [The ABA Journal's Most-Voted-For Criminal Justice Blog for 2012](https://koehlerlaw.net/2013/01/the-aba-journal-s-most-voted-for-criminal-justice-blog-for-2012/) - This blog again received the most popular votes in the criminal justice category of the ABA Blawg 100. Thank you very much to everyone who nominated.... - [Michigan v. Long Is Ripe for Reversal](https://koehlerlaw.net/2013/01/michigan-v-long-is-ripe-for-reversal/) - Courts seem to be bending over backwards to avoid basing decisions on Arizona v. Gant. In an opinion issued last month by the D.C. Court of Appeals, for.... - [A "Not Guilty" Letdown](https://koehlerlaw.net/2012/09/a-not-guilty-letdown/) - I walked my client out to the street afterward (“You mean I don’t have to sign anything, I can just go?”), disappointed that, since it was late in the day.... - [Actus Me Invito Factus Non Est Meus Actus](https://koehlerlaw.net/2012/09/actus-me-invito-factus-non-est-meus-actus/) - My legal maxim for this week is Actus me invito factus non est meus actus – or “An Act done against my will is not my act.” Although the maxim does not.... - [Once Again, No Consequences for Prosecutorial Misconduct](https://koehlerlaw.net/2012/09/once-again-no-consequences-for-prosecutorial-misconduct/) - On the morning of trial, the prosecutor finds out that the testimony provided by a police officer at the preliminary hearing was inaccurate. Although the.... - [A Guilty Plea at D.C. Superior Court](https://koehlerlaw.net/2012/09/a-guilty-plea-at-d-c-superior-court/) - 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.... - [Achilles Now. Poseidon Too.](https://koehlerlaw.net/2012/09/achilles-now-poseidon-too/) - He was the best octopus hunter in Tolo. It was always an honor whenever he sent one of us boys out to the kiosk to buy him cigarettes.... - [New Lawsuit Alleging Military Rape Filed in Federal Court](https://koehlerlaw.net/2012/09/new-lawsuit-alleging-military-rape-filed-in-federal-court/) - The Associated Press reported on the lawsuit filed yesterday in federal court in San Francisco alleging that current and former members of the U.S. military.... - [Why Prosecutors Love Social Media](https://koehlerlaw.net/2012/10/why-prosecutors-love-social-media/) - This, from Prosecutor’s Discretion, says it much more persuasively than I ever could: Facebook, Twitter, Myspace (anyone use that anymore?), google+. I'm on... - [On Mid-Life Career Changes: What I Did Before I Became A Lawyer](https://koehlerlaw.net/2012/06/on-mid-life-career-changes-what-i-did-before-i-became-a-lawyer/) - Ten years ago this month, I walked out of the Ronald Reagan Building carrying a single cardboard box. Having just resigned from the federal government, the.... - [California v. Hodari D: A Criminal Defense Lawyer's Complaint](https://koehlerlaw.net/2012/06/california-v-hodari-d-a-criminal-defense-lawyers-complaint/) - California v. Hodari D is a lousy opinion. It used to be that a person was seized for Fourth Amendment purposes the moment his or her liberty was “restrained... - [In Re W.R.: Warrantless Search During a Custodial Arrest](https://koehlerlaw.net/2012/06/in-re-wr-warrantless-search-during-a-custodial-arrest/) - Jejomar Untalan has been busy. I reported last week on his successful appeal in In re S.B. This week the Court of Appeals issued another yet decision bearing... - [From Tide to Tide in Cape Cod](https://koehlerlaw.net/2012/07/from-tide-to-tide-in-cape-cod/) - We have been coming to Cape Cod with my extended family now for 25 years. We came first as couples. Then we came with children. With the 13 cousins growing.... - [Clark v. U.S.: The Government's Violation of a Plea Agreement](https://koehlerlaw.net/2012/07/clark-v-united-states-the-governments-violation-of-a-plea-agreement-provision-on-allocation/) - 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.... - [Open Letter to an Honest Cop](https://koehlerlaw.net/2012/07/letter-to-an-honest-police-officer/) - 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.... - [Ramifications of a Juvenile Adjudication in D.C.](https://koehlerlaw.net/2012/07/ramifications-of-a-juvenile-adjudication-in-dc/) - One of the questions parents of a juvenile client often ask me is the effect of a juvenile adjudication on their child’s future. The question often comes up.... - [Still Brady v. Maryland](https://koehlerlaw.net/2012/07/still-brady-v-maryland/) - 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.... - [Failing the Breath Test in a DUI Case](https://koehlerlaw.net/2012/07/failing-the-breath-test-in-a-dui-case/) - [Why I Like D.C.'s Public Defender Service](https://koehlerlaw.net/2012/07/why-i-like-d-c-s-public-defender-service/) - 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.... - [Bickering Over Basic Facts on Cross-Examination](https://koehlerlaw.net/2012/07/bickering-over-basic-facts/) - I like the government witnesses who fight with you on cross-examination, refusing to acknowledge even the most basic facts, like whether a particular street.... - [The "Imaginary Line" in the Walk-and-Turn Test](https://koehlerlaw.net/2012/07/the-imaginary-line-on-the-walk-and-turn-test/) - Q: Now, officer, let me turn to the walk-and-turn test. A: Okay. Q: You testified on direct that Mr. Smith stepped off the line three times. That is, he.... - [What Is "Unprovoked Flight" Under Illinois v. Wardlow?](https://koehlerlaw.net/2012/08/what-is-unprovoked-flight-under-illinois-v-wardlow/) - Flight hasn’t always been such a terrible thing. At one time, courts seemed to recognize that there might be all sorts of reasons for an innocent person to.... - [Emergency Legislation Results in Tougher Drinking-and-Driving Laws in D.C.](https://koehlerlaw.net/2012/08/emergency-legislation-results-in-tougher-drinking-and-driving-laws-in-d-c/) - A new D.C. law, which took effect on August 1, 2012, has increased penalties for people convicted of driving while intoxicated (DWI), driving under the.... - [Met and Unmet Client Expectations](https://koehlerlaw.net/2012/08/met-and-unmet-client-expectations/) - Over at Tempe Criminal Defense, Matt Brown has been talking about expectations – client expectations and his own. “The angry client rant is tough,” Brown.... - [In Re D.M.: When Can You Dismiss a Juvenile Case for "Social Reasons"?](https://koehlerlaw.net/2012/08/in-re-dm-when-can-you-dismiss-a-juvenile-case-for-social-reasons/) - The problem with using a canon of statutory interpretation to justify a legal opinion is that you can usually find some other canon to arrive at the exact.... - [Leaving the Drama -- and Surprises -- for Closing Argument](https://koehlerlaw.net/2012/08/leaving-the-drama-and-surprises-for-closing-argument/) - Your client is cranky with you for the lousy job he thinks you are doing on cross-examination. There are no dramatic “gotcha” moments like you see on.... - [The Ties Will Last You Forever](https://koehlerlaw.net/2012/04/the-ties-will-last-you-forever/) - My wife complains about all the closet space I take up with my neckties. I do have lots of them. You see, I have this theory about ties, a theory that was.... - [Do Your Job, Mr. Prosecutor. And Turn Over the Evidence.](https://koehlerlaw.net/2012/05/do-your-job-mr-prosecutor-and-turn-over-the-evidence/) - The prosecutor has acknowledged that he should have turned over certain information to defense attorneys. That is what he says today. The case was back in.... - [Joseph Rakofsky's Former Client Sentenced to 10 Years](https://koehlerlaw.net/2012/05/joseph-rakofskys-former-client-sentenced-to-10-years/) - After pleading guilty to involuntary manslaughter, Dontrell Deaner has been sentenced to 10 years in prison, to be followed by 5 years of supervised.... - [Dawkins v. United States: How Far Must A Party Go To Preserve Issue For Appeal?](https://koehlerlaw.net/2012/05/dawkins-v-united-states-how-far-must-a-party-go-to-preserve-issue-for-appeal/) - In an opinion issued last week, Dawkins v. United States, 41 A.3d 1265 (D.C. 2012), the D.C. Court of Appeals addressed the issue of how far a party must go.... - [Trial Notebook as Security Blanket](https://koehlerlaw.net/2012/05/trial-notebook-as-security-blanket/) - With six trials scheduled over the next couple of months, five juvenile bench trials and one adult jury trial, I have in fact been giving quite a bit of.... - [Gilding the Lily on Cross-Examination](https://koehlerlaw.net/2012/05/gilding-the-lily-on-cross-examination/) - After you get what you need on cross-examination, you sit down. The charge is unlawful entry. Both defendants had been issued a barring notice from the.... - [Bringing the Judge Into A Plea Bargain](https://koehlerlaw.net/2012/05/bringing-the-judge-into-a-plea-bargain/) - “That’s as low as my office is willing to go for this type of offense.” This is what the prosecutor tells me. We are talking about the number of hours of.... - [Groundhog Day at the CVS](https://koehlerlaw.net/2012/05/groundhog-day-at-the-cvs/) - It is a snippet of life from a CVS pharmacy in the District, viewed again and again through 15 different surveillance cameras. There is a 5-minute view from.... - [Aborted Guilty Pleas and Superhuman Judges](https://koehlerlaw.net/2012/05/plummer-v-united-states-aborted-guilty-pleas-and-superhuman-judges/) - “The disciplined judicial mind should not be subjected to any unnecessary strain; . . . the most austere intellect has a subconscious.” How great is this.... - [Trial Transcript: A Brand New Prosecutor on Direct](https://koehlerlaw.net/2012/05/trial-transcripts-a-brand-new-prosecutor-on-direct/) - POLICE OFFICER: . . . The defendants knew they were not allowed in the store. DEFENSE ATTORNEY: Objection. THE COURT: Grounds? DEFENSE ATTORNEY: Your Honor.... - ["Don't Editorialize"](https://koehlerlaw.net/2012/05/dont-editorialize/) - Many police officers have a tendency to editorialize on the witness stand. It is not that the driver reached for the glove compartment after being pulled.... - [Cue the Radiotape](https://koehlerlaw.net/2012/05/cue-the-radiotape/) - I am a middle-aged man with some life experience. I have been doing criminal defense for a while now. Just yesterday I posted how many police officers.... - [Trial Transcript: Initial Observations/Probable Cause to Arrest in DUI Case](https://koehlerlaw.net/2012/05/trial-transcript-initial-observationsprobable-cause-to-arrest-on-a-dui/) - Q: You testified that my client stumbled as he got out of the car that night. A: That’s right. Q: What do you mean by “stumbled?” A: I don’t know. He stumbled.. - [Trial Transcript: On the Definition of "Stuporous"](https://koehlerlaw.net/2012/05/trial-testimony-on-the-definition-of-stuporous/) - DEFENSE ATTORNEY: I noticed that you checked the box for “stuporous” on the police report. OFFICER: Yes sir. Q: You also used the term on direct. A: Yes sir.... - [The "Corpus Delicti" Rule: Statements Alone Are Not Enough](https://koehlerlaw.net/2012/06/the-corpus-delicti-rule-statements-alone-are-not-enough/) - My client was walking along one night in Philadelphia when he was jumped by three men who took his money and firearm. When he went to the police to report.... - [SCOTUS on Flight: Alberty v. United States](https://koehlerlaw.net/2012/06/scotus-on-flight-alberty-v-united-states/) - "[I]t is a matter of common knowledge that men who are entirely innocent do sometimes fly from the scene of a crime through fear of being apprehended as the.... - [On Sluts, Whores, and Rape in the Military](https://koehlerlaw.net/2012/03/on-sluts-whores-and-rape-in-the-military/) - I found out about the press conference this morning when Susan asked me for feedback on the suit she was wearing. “How come nobody from the media ever talks.... - [I Am Not A Traffic Lawyer. Except When I Am.](https://koehlerlaw.net/2012/03/i-am-not-a-traffic-lawyer-except-when-i-am/) - When I first went out into private practice in 2009, I was tempted to take on traffic cases. After all, my wife and I may not know many habitual criminals.... - [List for D.C. Juvenile Panel is Out](https://koehlerlaw.net/2012/03/list-for-d-c-juvenile-panel-is-out/) - The list of lawyers approved to take on court appointments for juvenile cases is now out. D.C. Superior Court Chief Judge Lee Satterfield signed.... - [Entrapment in D.C.: The Legality of Recent Decoy Operations](https://koehlerlaw.net/2012/03/entrapment-in-d-c-the-legality-of-recent-decoy-operations/) - Your client is heading home, minding his own business, when he comes across what appears to be a homeless man sleeping on a bench at the metro station.... - [A Peek Behind The Curtain: On Being A Government Witness In A Criminal Prosecution](https://koehlerlaw.net/2012/03/a-peak-behind-the-curtain-on-being-a-government-witness-in-a-criminal-case/) - I am a government witness in a criminal prosecution. The complaining witness is a former client, and I have been called to testify to a conversation I had.... - [U.S. Out Of Afghanistan. Now.](https://koehlerlaw.net/2012/03/u-s-out-of-afghanistan-now/) - We are not going to win. We are not going to stabilize the country. We are not going to win any hearts and minds. The only thing we will accomplish by.... - [Wherever We Wish, Hydrangeas Could Be Blooming](https://koehlerlaw.net/2012/03/wherever-we-wish-hydrangeas-could-be-blooming/) - The “Family Tree” people from Florence have taken down most of the big trees in my parents’ yard. My oldest sister – the sister who helps my mother with her.... - [Managing Client Expectations](https://koehlerlaw.net/2012/03/managing-client-expectations-to-achieve-the-best-possible-outcome-in-a-case/) - Indigent criminal defendants often have two simultaneous and potentially irreconcilable opinions of the lawyers who are appointed to represent them. On the.... - [Cross Examinations. Directs, too.](https://koehlerlaw.net/2012/03/cross-examinations-directs-too/) - “No questions, Your Honor.” What could be more satisfying to say after your opponent has completed his direct examination than those four simple words? It is... - ["Check Out The Shoes My Lawyer Is Wearing"](https://koehlerlaw.net/2012/03/check-out-the-shoes-my-lawyer-is-wearing/) - I used to buy my suits at Joseph Banks. When I started to put on weight, I switched to Brooks Brothers. Now I have my suits tailor made through Jim Peditto.... - [Blawg Review #316: Where Are They Now?](https://koehlerlaw.net/2012/04/blawg-review-316-where-are-they-now/) - In the Blawg Review I hosted last year, “Images from the Criminal Law Blawgosphere,” I took a look at the photographs bloggers use on their sites. I was.... - [Open Guilty Plea = Bad Case + Fair Judge + Unreasonable Prosecutor](https://koehlerlaw.net/2012/04/open-guilty-plea-bad-case-fair-judge-unreasonable-prosecutor/) - When faced with a really bad case, one option is to work out a favorable plea agreement with the government to try to mitigate the consequences on the client... - [Probation. Drugs. School. Then Home.](https://koehlerlaw.net/2012/04/probation-drugs-school-then-home/) - I have a little speech I like to give to my juvenile clients. I tell them that, while I will be looking out for their legal interests as their lawyer, what.... - [Total Quality Management and the Practice of Criminal Law](https://koehlerlaw.net/2012/04/total-quality-management-and-the-practice-of-criminal-law/) - Nobody talks about Total Quality Management (TQM) anymore. An outdated fad from the 1980’s, and even then applied mostly within the automobile manufacturing.... - [Ignition Interlock To Be Required For All DUI-Restricted Licenses in Virginia](https://koehlerlaw.net/2012/04/ignition-interlock-to-be-required-for-all-dui-restricted-licenses-in-virginia/) - Beginning July 1, 2012, every person who is convicted of a drinking-and-driving offense in Virginia and who wants to drive on a restricted license will be.... - [Morgan v. U.S.: Inconsistent Evidence at Trial and "Show Cause" Hearing](https://koehlerlaw.net/2012/04/morgan-v-u-s-inconsistent-evidence-at-trial-and-show-cause-hearing/) - One of the things that surprised me when I first began to practice criminal law was the notion that you could be acquitted of a particular offense at trial.... - [Advice To An Incoming 1L: Humble Yourself Before The Law. Surrender.](https://koehlerlaw.net/2012/04/advice-to-an-incoming-1l-humble-yourself-before-the-law-surrender/) - To my godson Ross, who has just been accepted to Villanova Law for next fall, I offer the following advice on starting law school. There are lots of books.... - [Checking The Rules. Checking Them Twice.](https://koehlerlaw.net/2012/04/checking-the-rules-checking-them-twice/) - One of the things I miss most about working at the public defender’s office was the ability to get immediate feedback from colleagues on an issue. Do you.... - [A Wedding in Sarzeau](https://koehlerlaw.net/2011/08/more-on-gay-marriage-a-wedding-in-sarzeau/) - The French have always brought out a certain competitiveness in me. Maybe it’s because I know they view us Americans as crass and cultureless. It was .... - [Confrontation Clause Be Damned: D.C. Continues to Use Surrogate Witnesses in DUI Cases](https://koehlerlaw.net/2012/01/confrontation-clause-be-damned-d-c-continues-to-use-surrogate-witnesses-in-dui-cases/) - Michael Bruckheim was scheduled to cross-examine Lucas Zarwell, chief forensic toxicologist for the Office of the Chief Medical Examiner in D.C., and a group... - [I'll Press "Publish"](https://koehlerlaw.net/2012/01/ill-press-publish/) - Many mornings before the start of a trial, I find myself writing a blog entry. This initially struck me as odd. Shouldn’t I be putting final touches on my.... - [Cross-Examining a Prosecutor](https://koehlerlaw.net/2012/01/cross-examining-a-prosecutor/) - I have been called to testify in a criminal case. A couple of weeks ago I represented a woman seeking a civil protection order from a former boyfriend. With.... - [Ode to My Investigator](https://koehlerlaw.net/2012/01/on-the-legal-representation-of-juvenile-defendants-ode-to-my-investigator/) - I botched the investigation. I went to the store on Upper Wisconsin Avenue in which my client was alleged to have committed a robbery. While there, I.... - [Avoid Tit for Tat When Confronting Expert Witnesses](https://koehlerlaw.net/2012/01/avoid-tit-for-tat-when-confronting-expert-witnesses/) - Every trial lawyer faces that sharp chill in the middle of the night, when your mind refuses to let go of your upcoming trial -- and you realize that your.... - [No Meetings for Criminal Defense Lawyers](https://koehlerlaw.net/2012/01/no-meetings-for-criminal-defense-lawyers/) - I went to my first meeting yesterday in over 10 years. Believe me, I know my way around a meeting. During my first career in the government, I did nothing.... - [On Trial Transcripts: Only the Stenographer Knows for Sure](https://koehlerlaw.net/2012/01/on-trial-transcripts-only-the-stenographer-knows-for-sure/) - Reviewing the transcript from a hearing or trial you have done can sometimes be a humbling experience. What you may have remembered as a dramatic moment at.... - [On Ethical Issues Raised by "Letter Lawyers"](https://koehlerlaw.net/2012/01/on-ethical-issues-raised-by-letter-lawyers/) - Mark Bennett refers to them as “letter lawyers”; they are the lawyers who, with the hopes of securing new clients, send out advertising materials to the.... - [Complaints, Excuses, and Justifications after a Lost DWI Trial](https://koehlerlaw.net/2012/02/complaints-excuses-and-justifications-after-a-dwi-loss-in-virginia/) - A couple of days ago, I lost a DWI trial in Alexandria. I always take the rest of the day off following a trial. My wife and I go out for a celebratory.... - [Coles v. U.S.: The Right to a "Meaningful Degree" of Cross-Examination](https://koehlerlaw.net/2012/02/coles-v-u-s-the-right-to-a-meaningful-degree-of-cross-examination/) - Although the ability to cross-examine a witness is a critical component of the Sixth Amendment right to confront your accusers in a criminal case, this right... - [Ray Koehler on "Fiat Iustitia Ruat Caelum"](https://koehlerlaw.net/2012/02/ray-koehler-on-fiat-iustitia-ruat-caelum/) - My initial enthusiasm at being invited to write a piece for my brother’s law blog quickly turned to concern. I am a Latin teacher, not a lawyer, and although... - [That Was The Right Decision, Judge. No Matter What I Said.](https://koehlerlaw.net/2012/02/that-was-the-right-decision-judge-no-matter-what-i-said/) - One of the first things they told us during the training for court-appointed juvenile cases was that we should never allow ourselves to become co-opted by.... - [Withdrawing a Guilty Plea](https://koehlerlaw.net/2012/02/withdrawing-a-guilty-plea/) - It is never easy to plead guilty. As the cliché goes, if you plead guilty, there is a 100% chance that you will be found guilty. Nobody likes to stand up in.... - [On the Criminal Defenses of "Justification" and "Excuse"](https://koehlerlaw.net/2012/02/on-the-criminal-defenses-of-justification-and-excuse/) - In the case of either "justification" or "excuse," the defense lawyer does not challenge the identity of the person who committed the actions. Nor does the.... - [Unauthorized Use of a Motor Vehicle: Applying the Notion of a "Grace Period"](https://koehlerlaw.net/2012/02/on-the-unauthorized-use-of-a-motor-vehicle-applying-the-notion-of-a-grace-period/) - My client has been charged with both unlawful entry and unauthorized use of a motor vehicle. Unlawful entry requires you to know the car is stolen before you... - [On Starting a Law Blog: 10 Handy-Dandy Tips from a B-List Criminal Defense Blogger](https://koehlerlaw.net/2012/02/on-starting-a-law-blog-10-handy-dandy-tips-from-a-b-list-criminal-defense-blogger/) - A while back, a criminal defense lawyer who was starting his own practice in D.C. called to ask me for advice on starting a blog. Great, I thought. Finally.... - [Grace. Class. Loyalty to the Client.](https://koehlerlaw.net/2012/03/grace-class-loyalty-to-the-client/) - “I want a new lawyer.” The defendant and his lawyer have clearly had some type of disagreement, and this is what the defendant, standing at the bar of the.... - [Representing People, Not Files](https://koehlerlaw.net/2011/10/representing-people-not-files/) - A supervisor at the Philadelphia public defender’s office used to tell us all the time that we were representing people, not files. This really got on our.... - ["The One Question Too Many"](https://koehlerlaw.net/2011/10/dont-ask-the-one-question-too-many/) - My colleague -- the lawyer for the co-defendant in one of my cases – is annoyed with me. We each represent a person charged with robbery at a metro stop, and... - [Why Police Officers Love the "Plain View" Exception](https://koehlerlaw.net/2011/10/on-the-simplicity-of-the-plain-view-exception/) - Police officers love the “plain view” exception to the Fourth Amendment requirement for a warrant. It is because this exception is so straightforward and .... - [On Building a Support Network as a Solo Practitioner](https://koehlerlaw.net/2011/10/on-building-a-support-network-as-a-solo-practitioner/) - One of the things I liked best about the Philadelphia public defender’s office – in addition to the camaraderie and sense of shared mission -- was the.... - [Tardy Prosecutors, Gutsy Judges](https://koehlerlaw.net/2011/11/tardy-prosecutors-gutsy-judges/) - Judge Milton Lee of D.C. Superior Court takes the bench at 9:00 am. Promptly. Every morning. Without fail. One of my biggest complaints about the Office of.... - [A Solo Practitioner as Trapeze Artist](https://koehlerlaw.net/2011/11/a-solo-practitioner-as-trapeze-artist/) - Years ago, back when the children were little and we lived in Arlington for the first time, we decided to go to the circus. I drove over to the baseball.... - [Blame the System, Not The Judge, In The Tyronn Garner Matter](https://koehlerlaw.net/2011/11/blame-the-system-not-the-judge-in-the-tyronn-garner-matter/) - What happens if I release him and he goes out and kills someone? What happens if I release him and he goes out and gets himself killed? You know this is.... - [Terry v. Ohio as a Seinfeld Episode](https://koehlerlaw.net/2011/11/terry-v-ohio-as-a-seinfeld-episode/) - I have often said that you can explain everything in life through a Seinfeld episode. And while there is no single case that does for criminal law what.... - [On Roses, Scam Artists, and Criminal Defense](https://koehlerlaw.net/2011/11/on-roses-scam-artists-and-criminal-defense/) - A number of years ago, while on vacation in Miami, my family and I were sitting in a restaurant when a man approached the table and handed my then 15-year.... - [I Hate Latin: Res Ipsa Loquitur](https://koehlerlaw.net/2011/12/i-hate-latin-res-ipsa-loquitur/) - I only took two years of Latin in High School. It was years before I actually admitted this to my children. Because I often cited the Latin origins of a word... - [Being Found Guilty After Pleading Guilty](https://koehlerlaw.net/2011/12/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.... - [D.C. Welcomes Jackie Cadman](https://koehlerlaw.net/2011/12/d-c-welcomes-jackie-cadman/) - Mani Golzari told me she was coming to D.C., but I had no idea she was already here until I ran into her yesterday in the basement of Moultrie, heading to.... - [Brilliant Trial Lawyer or Simple Ass?](https://koehlerlaw.net/2011/12/brilliant-trial-lawyer-or-simple-ass/) - MR. KOEHLER: Objection. Relevance. THE COURT: Mr. Koehler, you can sit down. MR. KOEHLER: Your honor, this is absolutely ridiculous. MR. RIORDAN: No, it’s .... - [A Letter of Apology After a Guilty Verdict](https://koehlerlaw.net/2011/12/a-letter-of-apology-after-a-guilty-verdict/) - After finding my client guilty of simple assault, the judge orders my client to write a letter of apology to the complaining witness. I can understand an.... - [Confronting the Silent Witness -- the Breath Test Machine -- in a DWI Case](https://koehlerlaw.net/2011/12/the-ec-ir-ii-intoximeter-confronting-the-silent-witness-in-a-dwi-case/) - The government vouches for him. He himself doesn’t need to come to court, much less explain the basis for his conclusions. His “testimony,” which is.... - [The ABA Journal's Most-Voted-For Criminal Justice Blog for 2011](https://koehlerlaw.net/2012/01/the-aba-journals-most-voted-for-criminal-justice-blog-for-2011/) - Thank you very much to everyone who voted in the 2011 ABA Journal Blawg 100. Included among the list of top 100 blogs overall, the Koehler Law Blog received.... - [On Zealous Representation and Public Defenders](https://koehlerlaw.net/2012/01/on-zealous-representation-and-public-defenders/) - I will remember this. This is what the prosecutor promises me. She could intend this as a threat. As in: I will get you back for this. In this case, she is .... - [On Recusals: Offending the Judge, Protecting the Client](https://koehlerlaw.net/2012/01/on-recusals-offending-the-judge-protecting-the-client/) - A couple of years ago, a Court of Common Pleas judge in Philadelphia banned me from her courtroom for life. Both the stenographer and her law clerk looked.... - [In Re Gault: "Constitutional Domestication" of the Juvenile Justice System](https://koehlerlaw.net/2011/06/in-re-gault-constitutional-domestication-of-the-juvenile-justice-system/) - There are only a small number of criminal cases that all lawyers, even those who don’t practice criminal law, seem to know. Although Miranda v. Arizona is.... - [Drinking Ouzo at the Hotel Coronis](https://koehlerlaw.net/2011/07/drinking-ouzo-at-the-hotel-coronis-in-greece/) - During a couple of summers while in college, I worked as a bartender at a hotel bar in southern Greece. It was not a big place – just a couple of tables.... - [On Hoopties and Shell Stations: The Benefits of Visiting a Crime Scene](https://koehlerlaw.net/2011/07/on-hoopties-and-shell-stations-the-benefits-of-visiting-a-crime-scene/) - Yet another benefit to private practice – as opposed to being a public defender – is that you have more time for investigations. My investigator Wayne.... - [If You Can't Afford a Lawyer, Just Pay the Fine](https://koehlerlaw.net/2011/07/if-you-cant-afford-a-lawyer-just-pay-the-fine/) - Defense strategy of pro se defendant this morning consisted mostly of making faces during the police officer’s testimony. Note to self: Not real effective.... - [Explaining the Rakofsky Defamation Suit on an Application](https://koehlerlaw.net/2011/08/explaining-the-rakofsky-defamation-suit-on-an-application/) - Filling out an application can be a painful process for anyone who has ever been arrested or convicted of a crime. What specifically is being asked? What is.... - [Blades v. U.S.: On Cross-Examination and Bias](https://koehlerlaw.net/2011/08/blades-v-u-s-on-the-right-to-cross-examine-a-witness-on-bias/) - The right to cross-examine witnesses is one of the defendant’s most important trial rights. And, among the areas for cross-examination, what could be more .... - [A Lesser Standard for Proving Culpability in Juvenile Cases](https://koehlerlaw.net/2011/08/a-lesser-standard-for-proving-culpability-in-juvenile-cases/) - During my first couple of weeks with the Juvenile Division at the Philadelphia Public Defender’s Office, I tried what I believed to be an extremely strong.... - [How Criminal Charges Can Jeopardize a Security Clearance](https://koehlerlaw.net/2011/09/how-criminal-charges-can-jeopardize-a-security-clearance/) - Of all the collateral consequences of a criminal arrest or conviction, one of the issues of greatest concern in the DC/Northern Virginia area could be the.... - [On Prison Tapes: Eavesdropping on Your Client](https://koehlerlaw.net/2011/09/on-prison-tapes-eavesdropping-on-your-client/) - The prosecutor has turned over prison tapes – hours upon hours of my client’s telephone conversations from prison with his wife, his children, his friends.... - [Why I Like Surveillance Cameras](https://koehlerlaw.net/2011/09/why-i-like-surveillance-cameras/) - A proposal to install indoor surveillance cameras at Fairfax County schools has created quite a controversy. With many parents still upset over harsh.... - [On Police Officers and Other Bullies](https://koehlerlaw.net/2011/09/on-police-officers-and-other-bullies/) - I am sitting in JM-15 at D.C. Superior Court watching a Georgetown University law student cross-examine a police officer on a drug case. The officer is.... - [A Public Defender Just Doing His Job](https://koehlerlaw.net/2011/09/a-public-defender-just-doing-his-job/) - I am watching Mani Golzari of the D.C. Public Defender Service cross-examine a police officer at a probable cause hearing. Of all the cross-examinations.... - [Jack Lambert and My Investigator](https://koehlerlaw.net/2011/09/jack-lambert-and-my-investigator/) - Wayne, my investigator, insists on escorting me out of a bad neighborhood whenever we finish a crime scene investigation. He thinks he is being subtle.... - [Why I Hate D.C.'s "Threats to do Bodily Harm" Statute](https://koehlerlaw.net/2011/10/why-i-hate-d-c-s-threats-to-do-bodily-harm-statute/) - Your client is 19 years old. She weighs 105 pounds and stands under five feet tall. Having been arrested for a minor offense, she sits handcuffed in a room.... - [On Trial Tactics -- Intentional and Otherwise](https://koehlerlaw.net/2011/10/on-trial-tactics-intentional-and-otherwise/) - I am sitting in court waiting for trial to begin. The charge is assault on a police officer. I have just been given a video recording in another case and .... - [On Challenging a Prostitution/Sexual Solicitation Case in D.C.](https://koehlerlaw.net/2011/04/on-challenging-a-prostitutionsexual-solicitation-case-at-trial/) - A deferred prosecution agreement may not be the most exciting thing to do, but it is usually the preferred option in a prostitution solicitation case. Unlike... - [More on Joseph Rakofsky: The Story Keeps Getting Worse](https://koehlerlaw.net/2011/04/more-on-joseph-rakofsky/) - The blogosphere has been abuzz the past week with the story of Joseph Rakofsky, a 33-year-old lawyer two years out of law school who took on a murder case in... - [Quarles v. Commonwealth: Coerced Confessions in Virginia](https://koehlerlaw.net/2011/04/quarles-v-commonwealth-coerced-confessions-in-virginia/) - In Quarles v. Commonwealth, a recently issued opinion by the Virginia Court of Appeals, the court considered a set of facts similar to the U.S. Supreme Court... - [DWI Defense Is Not For Beginners](https://koehlerlaw.net/2011/04/dwi-defense-is-not-for-beginners/) - A DWI or DUI case can in fact be far more complicated than a serious felony case. The identity of the perpetrator, for example, may be the only issue in an.... - [On the Defendant's Acceptance of Responsibility at Sentencing](https://koehlerlaw.net/2011/04/on-the-defendants-acceptance-of-responsibility-at-sentencing/) - Earlier this week, I caught the tail-end of a DWI trial in which Michael Bruckheim was representing the defendant. Bruckheim had attended portions of my last... - [The "Back Story" in a Civil Protection Order Hearing](https://koehlerlaw.net/2011/04/the-back-story-in-a-d-c-civil-protection-order-hearing/) - Many colleagues eschew any case involving a domestic dispute. The cases are messy. People tend to cry. There is lots of emotion and not much law. I, on the.... - [Changing the Name of the Washington Redskins](https://koehlerlaw.net/2011/04/changing-the-name-of-the-washington-redskins/) - If we wanted to change any name associated with the city, our first target should be the name of our football team. I love the team as much as anyone. But.... - [Joyriding With Stanny Bum](https://koehlerlaw.net/2011/05/joyriding-with-stanny-bum/) - Many of the rude words and gestures I know today I learned from driving with my father while growing up. I didn’t learn these things from my father, because... - [On the Concept of Estoppel](https://koehlerlaw.net/2011/05/on-the-concept-of-estoppel/) - We are having trouble with the sliding door on our mini-van. I take it back to the Toyota dealership shop a couple of times and spend a fortune to get it.... - [When Your Business Card Is More Memorable Than You Are](https://koehlerlaw.net/2011/05/when-your-business-card-is-more-memorable-than-your-name/) - I am pretty good with faces and with names. I have always been impressed -- almost flattered -- by people who remembered my name after a single meeting, and.... - [Telling Your Wife You Have Been Sued For Defamation](https://koehlerlaw.net/2011/05/the-wise-words-of-a-loyal-wife/) - My wife heard a lot of terrible and heart-wrenching stories while interviewing Iraqi victims of the Abu Ghraib torture. She was always completely spent.... - [Resuscitating the Joseph Rakofsky Fiasco](https://koehlerlaw.net/2011/05/resuscitating-the-joseph-rakofsky-fiasco/) - A month or so ago, the Washington Post reported on a botched trial in D.C. in which the defendant was represented by a lawyer fresh out of law school who had... - [Life at the Prince William County Courthouse](https://koehlerlaw.net/2011/05/life-at-the-prince-william-county-courthouse/) - We are in the cafeteria of the Prince William County courthouse, at lunch during what is expected to be a one-day jury trial. At a table behind me is a judge... - [On the Life of a D.C. Staffer: Sympathy for Huma Abedin](https://koehlerlaw.net/2011/06/on-the-life-of-a-d-c-staffer-sympathy-for-huma-abedin/) - I feel badly for Huma Abedin, and not only for the reason you might expect. Yes, with her husband’s confession yesterday that he lied about the Twitter.... - [Anna Quindlen on the Fortune of Today's Graduates](https://koehlerlaw.net/2011/06/anna-quindlen-on-the-fortune-of-todays-graduates/) - I have always been a big fan of Anna Quindlen. Here, courtesy of the New York Times, is an excerpt from her recent commencement address at Grinnell College.... - [Motions to Dismiss in Rakofsky Defamation Case](https://koehlerlaw.net/2011/06/motions-to-dismiss-in-rakofsky-defamation-case/) - Here is the motion to dismiss, filed by my lawyer earlier this week on my behalf, in the Rakofsky defamation case. Also representing Max Kennerly and Mirriam... - [On Ashe v. Swenson: Double Jeopardy and Collateral Estoppel](https://koehlerlaw.net/2011/06/on-ashe-v-swenson-double-jeopardy-and-collateral-estoppel/) - Many laypersons suffer from misconceptions about the protections offered by the Double Jeopardy Clause contained in the 5th Amendment to the Constitution. As... - [Rakofsky v. The Washington Post: Being on the Other End of the Attorney-Client Relationship](https://koehlerlaw.net/2011/06/rakofsky-v-the-washington-post-being-on-the-other-end-of-the-attorney-client-relationship/) - Over at My Shingle, Carolyn Elefant muses about finding herself on the other end of the attorney-client relationship; in this case, as one of over 80.... - [You Should Be Translating, Not Interpreting](https://koehlerlaw.net/2011/01/you-should-be-translating-not-interpreting/) - During an earlier life, I was a member of the U.S. delegations that negotiated the international ozone and climate treaties. The negotiations often lasted a.... - [Knowledge Comes At Middle Age](https://koehlerlaw.net/2011/01/knowledge-comes-at-middle-age/) - My mother fell on the ice in front of her house and broke her shoulder. She lay in the snow for 15 minutes before the emergency response people arrived. My.... - [On Jabbar Collins and Other Jailhouse Lawyers](https://koehlerlaw.net/2011/01/on-jailhouse-lawyers-and-jabbar-collins/) - I have only seen one “law library” at a prison, and I have to say I was not at all impressed. A converted broom closet with a broken chair and a rickety.... - [On the True Value of a Law Degree](https://koehlerlaw.net/2011/01/on-the-true-value-of-a-law-degree/) - Over the last year or so, there has been a lot of talk on listservs and in the blawgosphere about the glut of new lawyers coming onto the market, about the.... - [On The Terminology and Fiction of Juvenile Justice](https://koehlerlaw.net/2011/01/on-the-terminology-and-fiction-of-juvenile-justice/) - Like Philadelphia, the District of Columbia maintains the fiction that we treat juveniles differently in our criminal justice system than adults. While we.... - [After The Snow](https://koehlerlaw.net/2011/01/after-the-snow/) - On Twitter, we can hear Mirriam Seddiq swearing for five hours because she is stopped in bumper-to-bumper traffic on the beltway. It's because of the snow.... - [Blawg Review #296: Images From The Criminal Law Blawgosphere](https://koehlerlaw.net/2011/01/blawg-review-296-images-from-the-criminal-law-blawgosphere/) - A professional photographer and artist once told me the story about asking his mother if he could photograph her. He had hoped for a candid shot, and was.... - [On Dentists and Monkeys: Fifty Years On](https://koehlerlaw.net/2011/02/on-dentists-and-monkeys-fifty-years-on/) - This is four or five years ago: I drive my father to the dentist. My father has been going to this same dentist for 50 years. - [The "Oopsie" Phenomenon and Other Problems with Urine Tests](https://koehlerlaw.net/2011/02/the-oopsie-phenomenon-and-other-problems-with-urine-tests/) - With the use of breath test machines temporarily suspended in D.C. because of accuracy and calibration problems, people arrested under suspicion of drinking.... - [Confronting School Disciplinary Officials](https://koehlerlaw.net/2011/02/confronting-school-disciplinary-officials/) - Nick Stuban was 15-years-old when he committed suicide last month. Once a “model student” and “quick-footed linebacker” for the football team at W.T. Woodson... - [On Making Life Easier for Police Officers](https://koehlerlaw.net/2011/02/making-life-easier-for-police-officers/) - Of all the tricks used by police officers, one of the most devious – yet harmless – tricks I have heard is the ploy they use to take a DWI suspect into.... - [Two Poems on Snow](https://koehlerlaw.net/2011/02/two-poems-on-snow/) - Snow I wake, and think so this is how it comes, no thunder, wind, or windstorm's violence to rend our lower nature, only a presence. Outlines are familiar.... - [Notes on a Lost Trial](https://koehlerlaw.net/2011/03/notes-on-a-lost-trial/) - Eleven months of wrangling comes to this: a two-day trial in D.C. Superior Court. The discussion of pre-trial motions starts out well, and I find myself in.... - [Second Chances in Virginia](https://koehlerlaw.net/2011/03/second-chances-in-virginia/) - The Commonwealth is, as far as I can tell, is one of the worst places to find yourself when facing criminal charges. The laws are tough, and judges .... - [Why I Hate Guilty Pleas](https://koehlerlaw.net/2011/03/why-i-hate-guilty-pleas/) - Having a client accept a guilty plea is like getting all dressed up for the prom and then deciding to stay home. On Friday I stood with the prosecutor.... - [The "Collective Knowledge" Doctrine in D.C.](https://koehlerlaw.net/2011/03/the-collective-knowledge-doctrine-in-d-c/) - The firmly established “collective knowledge” doctrine in D.C. provides that, in determining whether the officers possessed sufficient knowledge to establish... - [Rakofsky Dismissed in D.C. Murder Trial](https://koehlerlaw.net/2011/04/inexperienced-lawyer-dismissed-in-d-c-murder-trial/) - I have always been somewhat suspicious of reports in the criminal law blogosphere about lawyers who misrepresent their credentials or who otherwise fail to.... - [Lives of "Quiet Desperation": More on Jailhouse Lawyers](https://koehlerlaw.net/2011/04/lives-of-quiet-desperation-more-on-jailhouse-lawyers/) - More often than not, however, the extra help can be a burden. Clients don’t understand legal principles, the rules of evidence, and criminal procedure, and.... - [Because Transcripts Can Be Unforgiving](https://koehlerlaw.net/2010/12/because-transcripts-can-be-unforgiving/) - When I was a public defender in Philadelphia, my office mate used to kid me about reading the transcripts from court hearings I had done. I thought I was.... - [Rule 1: Get The Money Upfront](https://koehlerlaw.net/2010/12/rule-1-get-the-money-upfront/) - One of the advantages to being a criminal defense attorney, at least one who defends people accused of street crimes as opposed to white collar offenses, is.... - [The "Almost Went To Trial" Blues](https://koehlerlaw.net/2010/12/the-almost-went-to-trial-blues/) - You are wearing one of the good suits you save for trial. Your trial notebook is at your side. You got up early to exercise, and now you are feeling rested.... - [Neutral Tones](https://koehlerlaw.net/2010/10/whenever-we-said-goodbye-it-was-like-this/) - I stand by the bed. The fingers of your hand are loose and warm, and though your eyes are closed your head is toward me. Are you sleeping, in the country.... - ["There were days like this, that passed without an image"](https://koehlerlaw.net/2010/09/there-were-days-like-this-that-passed-without-an-image/) - Every summer for the past 25 years, my wife and I have gone up to Cape Cod to spend a week with my family. The family used to cram itself into a three or.... - ["No One Told You That Solo Practice Was Going To Be Like This"](https://koehlerlaw.net/2010/09/no-one-told-you-that-solo-practice-was-going-to-be-like-this/) - The prospect of surviving a year, much less two or three, seemed pretty dim, particularly for someone like myself who, while not brand new to his area of.... - [David Baugh on Voir Dire](https://koehlerlaw.net/2010/09/david-baugh-on-voir-dire/) - Covering the presumption of innocence, racial bias, prejudice toward homosexuals and non-English speakers, prior criminal record, and many other areas.... - [On Human Memory and Eyewitness Testimony](https://koehlerlaw.net/2010/09/on-human-memory-and-eyewitness-testimony/) - Many years ago, as a student at the University of Freiburg in Germany, I went with an American friend to West Berlin to sightsee. We went to a bar one night.... - [Signs You Have Been Working Out Of Your Home Office For Too Long](https://koehlerlaw.net/2010/09/signs-you-have-been-working-out-of-your-home-office-for-too-long/) - here are the top 15 signs that you have been working out of your home office, by yourself, for too long. 1. You look forward to your dentist appointment. 2. ... - [Erik Prince Meet Susan Burke](https://koehlerlaw.net/2010/08/erik-prince-meet-susan-burke/) - My wife Susan Burke heads to the United Arab Emirates this weekend to depose Blackwater Founder Erik Prince as part of one of her civil lawsuits against him.... - [The "Disappearing Sway" In A DWI/DUI Case](https://koehlerlaw.net/2010/08/the-disappearing-sway-in-a-dwidui-case/) - “Swaying while balancing” is one of four “clues” used by a police officer to detect intoxication during the One-Leg-Stand component of the Standardized Field... - [On Becoming A Solo Criminal Defense Attorney Right Out of Law School](https://koehlerlaw.net/2010/08/on-becoming-a-solo-criminal-defense-attorney-right-out-of-law-school/) - A couple of days ago I was contacted by a colleague here in town on a criminal case she had just taken on. My colleague set up her own firm right out of law.... - [The Blood/Breath Partition Ratio in a DWI Case](https://koehlerlaw.net/2010/08/the-bloodbreath-partition-ratio-in-a-dwi-case/) - The science behind the Intoxilyzer 5000EN and other breath test machines all sounds very impressive. The problem is that the machines are based on certain.... - [On Norm Pattis and "The Happysphere"](https://koehlerlaw.net/2010/06/on-norm-pattis-and-the-happysphere/) - Norm Pattis was in town this weekend, and Mirriam Seddiq and I joined him last night for dinner at Oyamel restaurant. Seddiq’s brother works as the head.... - [What This Criminal Defense Lawyer Looks For In A Client](https://koehlerlaw.net/2010/06/what-a-criminal-defense-lawyer-looks-for-in-a-client/) - Speaking only for myself, I try to be open-minded about the clients and types of cases I take on. It is good to try cases in areas in which I already have a.... - [Congressman Etheridge and Simple Assault in D.C.](https://koehlerlaw.net/2010/06/congressman-etheridge-and-simple-assault-in-d-c/) - While the YouTube video is now posted all over the Internet, I first found out about Congressman Etheridge’s altercation with two students when checking out.... - [Disorderly Conduct: D.C. Court Narrows The Scope](https://koehlerlaw.net/2010/06/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.... - [Disorderly Conduct: D.C. Court Narrows The Scope](https://koehlerlaw.net/2010/06/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.... - [Self-Defense in a D.C. Assault Case](https://koehlerlaw.net/2010/06/self-defense-in-a-d-c-assault-case/) - Self-defense is an affirmative defense to simple assault and other assault charges in D.C. Self-defense is the use of force to protect oneself, one’s family.... - [Flat Fees Versus Hourly Rates In A Criminal Case](https://koehlerlaw.net/2010/05/flat-fees-versus-hourly-rates-in-a-criminal-case/) - There is no good way to charge for legal services, I am persuaded. Clients come in need. They are afraid and angry. They want a hero, a savior, a warrior.... - [Six Months Into A Solo Criminal Law Practice](https://koehlerlaw.net/2010/05/six-months-into-a-solo-criminal-law-practice/) - Mark Bennett and Brian Tannebaum both announced last week that they have been practicing criminal law for 15 years. While I have nowhere close to this level.... - [Why I Hate Norm Pattis](https://koehlerlaw.net/2010/05/why-i-hate-norm-pattis/) - I first learned Norm Pattis’ lousy, stinking name through Scott Greenfield, who often uses something Pattis has written as the launching point for one of his... - [Why Do My Favorite Cops Always Turn Out To Be Crooked?](https://koehlerlaw.net/2010/05/why-do-my-favorite-cops-always-turn-out-to-be-the-crooked-ones/) - I am walking with my kids at the Reading Terminal, an eatery just a couple of blocks from the courthouse in Philadelphia, when we come across a group of.... - [Starting Your Own Law Practice is a Leap of Faith](https://koehlerlaw.net/2010/05/starting-your-own-law-practice-is-a-leap-of-faith/) - In another lifetime, I wrote short stories. Five or six of these stories eventually found their way into obscure literary journals, with one or two still.... - [On Michael Malone and the Jeffrey MacDonald Case](https://koehlerlaw.net/2010/05/on-michael-malone-and-the-jeffrey-macdonald-case/) - I have written a number of posts over the last couple of months about the Donald E. Gates case. As you will recall, Gates was convicted of a crime he did not... - [On Being Held In Contempt of Court](https://koehlerlaw.net/2010/04/on-being-held-in-contempt-of-court/) - A couple of months ago, Carol D. of Public Defender Revolution told the story about a judge who tried to force her to trial on a case when she wasn’t ready.... - [Michael P. Malone's Other Victims](https://koehlerlaw.net/2010/04/michael-p-malones-other-victims/) - I have written a number of entries over the last couple of months about the case of Donald E. Gates, a man who was imprisoned for 27 years for a crime the .... - [On Firing A Client](https://koehlerlaw.net/2010/04/on-firing-a-client/) - There is always a lot of discussion over at the ABA listserv Solosez about client relations. People talk about the need to sometimes fire a client, which.... - [On Free Consultations](https://koehlerlaw.net/2010/04/on-free-consultations/) - In an entry today called “Don’t Blame Clients For What Lawyers Do,” Scott Greenfield writes of the “huge rift” within the legal profession “between those.... - [The Voice of a Law Office](https://koehlerlaw.net/2010/04/the-voice-of-a-law-office/) - A couple of weeks ago, I changed the message on my office voice mail. My 19-year-old daughter had done the original recording, but, after listening to it.... - [On Meeting Mark Bennett of Defending People](https://koehlerlaw.net/2010/04/on-meeting-mark-bennett-of-defending-people/) - In talking with another lawyer during my training in Houston, the other lawyer was surprised that I could know so much about the author of D.A. Confidential.... - [Post-Script On The Guy Who Left His Car On Our Brick Wall](https://koehlerlaw.net/2010/04/post-script-on-the-guy-who-left-his-car-on-our-brick-wall/) - Yesterday I posted about the guy who drove his Lexis onto our brick wall and then left it there. I assumed he had been drinking. I assumed we would never see... - ["Every DWI Case Is Defensible"](https://koehlerlaw.net/2010/04/every-dwi-case-is-defensible/) - You often hear criminal defense lawyers who are just starting out say that they will initially handle drinking-and-driving offenses, like DWI or DUI, until.... - [On Becoming Certified to Administer the Standardized Field Sobriety Test](https://koehlerlaw.net/2010/04/on-becoming-certified-to-administer-the-standardized-field-sobriety-test/) - There is nothing more gratifying for a criminal defense lawyer than the moment on cross-examination when the prosecution’s key witness begins to sweat. The .... - [Disenchanted with Avvo](https://koehlerlaw.net/2010/04/disenchanted-with-avvo/) - My niece attended her first baseball game when she was four or five years old. After the first inning or so, she announced that she was done with baseball.... - [Juvenile Court Forever](https://koehlerlaw.net/2010/03/juvenile-court-forever/) - You watch him go. You realize that, from his perspective, the future is nothing more than a quick visit with the judge, a bologna sandwich and coke for lunch... - [A Probation Officer Should Be A Client's Best Friend](https://koehlerlaw.net/2010/03/a-probation-officer-should-be-a-clients-best-friend/) - It is amazing to me how many clients spend more time in custody than they need to. The sad fact is, violating the terms of probation is frequently a major.... - [My Career as a County Prosecutor](https://koehlerlaw.net/2010/03/my-career-as-a-county-prosecutor/) - Unlike many of my colleagues in the criminal defense bar, I would have no moral qualms about working for the prosecution. In fact, during the summer after my... - [Finding The Right Name For A Criminal Law Blog](https://koehlerlaw.net/2010/02/finding-the-right-name-for-a-criminal-law-blog/) - Scott Greenfield of Simple Justice wrote a complimentary piece about this blog earlier this week. While I was very flattered to be described as “one of the.... - [The Virginia Bar Exam: How Much Studying Is Enough?](https://koehlerlaw.net/2010/02/the-virginia-bar-exam-how-much-studying-is-enough/) - One of my favorite episodes from the old T.V. show Taxi included the scene in which the Reverend Jim Ignatowski, the character played by Christopher Lloyd.... - [Surviving the Virginia Bar Exam: Reflections After Day One](https://koehlerlaw.net/2010/02/surviving-the-virginia-bar-exam-reflections-on-day-one/) - Norfolk, Va. -- Before starting law school, I read a number of books on how to survive your first year. One book dealt with law school etiquette. Top among.... - [A Public Defender with a Sense of Humor](https://koehlerlaw.net/2010/02/a-public-defender-with-a-sense-of-humor/) - A couple of weeks ago, I complained about the lack of criminal law blogs done by women. I also bemoaned the fact that, with a few exceptions, there do not.... - [Hamilton Burger on the "Jury Trial Tax"](https://koehlerlaw.net/2010/02/hamilton-burger-on-the-jury-trial-tax/) - A good friend of mine, a former prosecutor in Massachusetts and Virginia, has criticized my blog for its defense-centric viewpoint. The actual words he used.... - [Philadelphia: Where the One-Eyed Man is King](https://koehlerlaw.net/2010/01/philadelphia-where-the-one-eyed-man-is-king/) - Philadelphia: Where the One-Eyed Man is King Jamison Koehler Koehler Law https://koehlerlaw.net/2010/01/philadelphia-where-the-one-eyed-man-is-king/ - [Preparing for the Virginia Bar Examination](https://koehlerlaw.net/2010/01/taking-the-virginia-bar/) - In 24 days I will be sitting down to take another bar, this time in Virginia. The idea, which seemed like a pretty good idea when I came up with it last . . . . - [The Reconstituted CJA Panel in D.C.](https://koehlerlaw.net/2018/05/2018-criminal-justice-act-cja-panel-in-d-c/) - 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 - [Criminal Division to expand operations](https://koehlerlaw.net/2021/08/criminal-division-to-expand-operations-on-september-7/) - The Criminal Division of D.C. Superior Court will expand in-person operations beginning on Tuesday, September 7. - [Is it a ledger? Or is it an address book?](https://koehlerlaw.net/2021/07/is-it-a-ledger-or-is-it-an-address-book/) - One person's address book is another person's ledger. - [Assessing attorney fees in CPO cases in D.C.](https://koehlerlaw.net/2021/04/recovering-attorney-fees-in-cpo-cases-in-d-c/) - 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 extends judicial emergency](https://koehlerlaw.net/2021/03/d-c-superior-court-extends-judicial-emergency/) - D.C. Superior Court has again extended the judicial emergency, this time through May 10, 2021. The Court will expand some operations. - [Judicial emergency in D.C. is extended](https://koehlerlaw.net/2021/01/judicial-emergency-dc-extended/) - Chief Judge Anita Josey-Herring has issued an order extending the pandemic-related judicial emergency in D.C. Superior Court through March 31, 2021. - [D.C. Superior Court's remote and partially remote courtrooms](https://koehlerlaw.net/2020/12/remote-partially-remote-courtrooms/) - The DC Superior Court Criminal Division has increased the number of courtrooms -- both remote and partially remote -- that will operate during the pandemic. - [Client acquitted of destruction of property](https://koehlerlaw.net/2019/09/client-acquitted-of-destruction-of-property/) - The evidence suggested that our client intended to exit the store, not damage property. There was also a question as to who actually broke the door. - [Truth=good. Lie=bad.](https://koehlerlaw.net/2020/01/truthgood-liebad/) - They cannot bring themselves to agree with the defense attorney. Prosecutor=good. Defense attorney=bad. So they lie, often on very inconsequential issues. - [Do I need a lawyer for a CPO hearing in D.C.?](https://koehlerlaw.net/2019/05/cpo-hearing-lawyer-dc/) - Although many people proceed without legal representation, a good lawyer can serve as advisor & advocate, particularly if you decide to litigate the CPO. - [Violation of BWC policy --> case dismissed](https://koehlerlaw.net/2020/12/violation-of-bwc-policy/) - Body worn cameras have forever changed criminal prosecutions. On balance, I think they help the defense. No longer do we need to take the officer's word. - [A Classicist’s Take on "Trump as Tragic Hero"](https://koehlerlaw.net/2020/12/classicists-take-trump-tragic-hero/) - Guest Post by Raymond Koehler on "Trump as Tragic Hero" - [This website is plagiarized yet again](https://koehlerlaw.net/2020/09/plagiarism-once-again-of-this-website/) - People really like my webpage on expunging your criminal record in D.C. They like the language so much they keep stealing it. - [Call me Mr. Reasonable](https://koehlerlaw.net/2020/09/call-me-mr-reasonable/) - I suspect that my remote-hearing persona may be more adversarial than my in-person one. And this concerns me: What does this say about me? - [Will I go to jail for shoplifting in D.C.?](https://koehlerlaw.net/2020/12/go-jail-shoplifting-dc/) - It is unlikely that anyone but the most habitual offender will serve jail time for shoplifting in D.C. This is particularly true during the Covid-19 pandemic. - [Fielding general questions on D.C. criminal defense](https://koehlerlaw.net/2020/10/fielding-general-questions-on-d-c-criminal-defense/) - I do not charge for phone consultations. Nor, as a matter of practice, will I take over representation from another lawyer. - [Will expunged record show up in an FBI background check?](https://koehlerlaw.net/2019/05/expunged-record-fbi-background-check/) - In most cases, the FBI will, as a courtesy, comply with state court’s order to remove a criminal record from the National Crime Information Center. Learn more. - [Keeping the back-benchers in line](https://koehlerlaw.net/2020/08/keeping-the-back-benchers-in-line/) - "Please hold for the President of the United States." What could be more exciting than to receive a telephone call with these words? - [MAGA hat](https://koehlerlaw.net/2020/10/maga-hat/) - A close relative - someone I have admired my entire life - is photographed wearing a red MAGA hat. It is one of the most upsetting photographs I have ever seen. - [Can Silence Be Hearsay?](https://koehlerlaw.net/2019/01/can-silence-be-hearsay/) - There might circumstances in which a person’s silence could be interpreted to communicate something. For example, silence in response to the traditional challenge “speak now or forever hold your peace” during a wedding ceremony could be interpreted to communicate assent. If offered to prove that the “declarant” endorsed the union, it could constitute hearsay, thereby requiring the proponent of the evidence to introduce it through an exception to the hearsay rule. - [CPO hearings and some DV trials begin again](https://koehlerlaw.net/2020/11/cpo-hearings-dv-trials/) - Civil protection order (CPO) hearings begin again in D.C. Superior Court. Trials in some misdemeanor domestic violence (DV) cases will resume in December. - [Judicial Assignments for 2021: Criminal Calendar](https://koehlerlaw.net/2020/10/d-c-superior-court-criminal-calendar/) - Here are the recently posted judicial assignments for the D.C. Superior Court Criminal Calendar for 2021 - [Remote sites now offered for D.C. court hearings](https://koehlerlaw.net/2020/09/remotes-sites-d-c-court-hearings/) - 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. - [The professionalism of D.C. court staff during Covid](https://koehlerlaw.net/2020/10/the-professionalism-of-d-c-court-staff-during-covid/) - 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. - [Clearing/sealing/expunging a criminal record](https://koehlerlaw.net/2020/10/clearing-sealing-expunging-criminal-record/) - Everything you need to know about clearing your criminal record in anticipation of job, adoption, immigration, volunteering or gun license background check - [Bureaucratic delays plague motions to seal](https://koehlerlaw.net/2020/09/bureaucratic-delays-plague-motions-to-seal/) - The government blames Covid-19 for its delays in responding to motions to seal criminal records when bureaucratic incompetence is the true culprit. - [Unsealing your criminal record in Washington, D.C.](https://koehlerlaw.net/2020/10/unsealing-your-criminal-record-in-washington-d-c/) - On rare occasions you might need to undo the sealing/expungement of a criminal record, if only temporarily, so that you can access the associated documents. - [Are criminal records ever truly expunged?](https://koehlerlaw.net/2020/09/criminal-records-ever-truly-expunged/) - Whether a criminal record is truly erased/obliterated after the expungement order is issued depends on a number of legal and practical considerations. - [You Can’t Plead Guilty Without Admitting Guilt](https://koehlerlaw.net/2017/03/you-cant-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, that is what happened. The colloquy continues. The defendant then tells the judge that she is not actually guilty. The only reason she is taking the government’s deal is because - ["Nobody read me my rights"](https://koehlerlaw.net/2019/02/nobody-read-me-my-rights/) - When are police required to read you your rights? The answer actually is never. That is, not unless the suspect is in custody and is being subjected to interrogation (hence the term “custodial interrogation”) and only then if police want to use the statements against him in court. - [Hearsay through the eyes of our law student](https://koehlerlaw.net/2019/09/hearsay-through-the-eyes-of-our-law-student/) - When it comes to hearsay, there is only one phrase you need to keep in mind: Hearsay is an out-of-court assertion offered for the truth. If it doesn’t satisfy that definition, it is not hearsay. - ["Imani is my best friend"](https://koehlerlaw.net/2019/09/imani-is-my-best-friend/) - The best strategy, I have found, is to begin the conversation with an expression of concern about whatever grievance it was that launched the criminal proceedings to begin with. - [The city belongs to the two of us](https://koehlerlaw.net/2019/12/the-city-belongs-to-the-two-of-us/) - Thirty-five years ago, my wife would take a break from her law school studies to join me in the tiny bedroom of our apartment to watch a half hour of TV before bed. - [Covfefe this](https://koehlerlaw.net/2020/08/covefe-this/) - People laugh at your jokes when you are in a position of power. They return your phone calls. Our attention-seeking president is in for one rude awakening. - [First Robin: Musings From An Empty-Nester](https://koehlerlaw.net/2014/01/first-robin-musings-from-an-empty-nester/) - Many years ago my sisters rescued a baby bird who had been separated from its nest during a storm. Acting on the advice of our veterinarian neighbor, we fed peanut butter bread-balls into its open beak. The redness of the little bird’s throat faded with every ball. - [DPAs, DSAs and other D.C. diversion programs during Covid](https://koehlerlaw.net/2020/08/dpas-dsas-dc-covid/) - Hearings with respect to DPAs and other diversion programs in DC will be postponed because of Covid-19. The agreements will remain in effect during this time. - [With exceptions, D.C. Superior Court remains closed](https://koehlerlaw.net/2020/08/d-c-superior-court-remains-closed/) - D.C. Superior Court remains closed for most purposes due to the Covid-19 pandemic. What this means for criminal cases is as follows. - [How does the Covid-19 pandemic affect a defendant’s speedy trial rights in D.C.?](https://koehlerlaw.net/2020/08/covid-19-speedy-trial-d-c/) - Because of Covid-19, the time between Mar. 18 and Nov. 9, 2020 will not count when calculating whether a defendant's speedy trial rights have been violated. - [Writing about Covid-19 and the D.C. jail](https://koehlerlaw.net/2020/04/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? - [Starting a criminal defense practice after Covid](https://koehlerlaw.net/2020/06/starting-criminal-defense-practice-post-covid/) - As I celebrate the 10-year anniversary of my firm, I wonder how new lawyers will navigate the system post-Covid 19. How do you figure out what to do? - [Criminal defense in the Covid era](https://koehlerlaw.net/2020/06/criminal-defense-practice-post-covid/) - We will learn. We will adapt. 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. - [Obtaining a restraining order during the Covid-19 pandemic](https://koehlerlaw.net/2020/07/restraining-order-covid-19/) - With D.C. Superior Court now closed because of the Covid-19 pandemic, CPOs, TPOs and other forms of restraining orders must be obtained remotely. - [Paying D.C. court costs, fees and fines during Covid-19 pandemic](https://koehlerlaw.net/2020/08/d-c-court-costs-fees-fines-pandemic/) - With the D.C. Superior Court finance office now closed because of the Covid-19 pandemic, you can now pay court costs, fines and fees online or by mail. - [That we should know the place as ours](https://koehlerlaw.net/2020/08/that-we-should-know-the-place-as-ours/) - This, for now, is our piece of earth. I clear away brush and stack the wood in a pile near the shed and think: This is the possible we hold so briefly to. - [Can I represent myself at a CPO hearing in DC?](https://koehlerlaw.net/2020/08/represent-myself-cpo-hearing-dc/) - Yes. In fact, unlike people accused of a crime, most parties at a restraining order hearing in D.C. will be acting without the assistance of legal counsel. - [What should I bring with me to a CPO hearing in D.C.?](https://koehlerlaw.net/2020/08/what-to-bring-cpo-hearing-dc/) - Because oral testimony alone can constitute evidence, the only thing you absolutely need to bring to a restraining order hearing in D.C. is yourself. - [Presenting your best self at a virtual hearing](https://koehlerlaw.net/2020/07/presenting-your-best-self-at-a-virtual-hearing/) - I am nosy. I am also a snob. I am curious what people choose to display in the background behind them during virtual hearings. - [Hail to the Red Potatoes](https://koehlerlaw.net/2013/10/hail-to-the-red-potatoes/) - I like the whimsy. The fight song remains the same. And it would prove that the city does have a sense of humor after all. - [An interloper on the SCTLA listserv](https://koehlerlaw.net/2020/07/an-interloper-on-the-sctla-listserv/) - 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. - [Bianca Forde: The view from her side of the courtroom](https://koehlerlaw.net/2020/07/bianca-forde-the-view-from-her-side-of-the-courtroom/) - It is strange to see Bianca Ford, the prosecutor against whom I have tried many cases, sitting in a NY courtroom as the defendant in a criminal case. - [My claim to fame](https://koehlerlaw.net/2020/07/my-claim-to-fame/) - This website is my claim to fame at D.C. Superior Court. It is not my command of the courtroom or my oral advocacy skills. It is not even my good looks. - [On choosing a house. Or a lawyer.](https://koehlerlaw.net/2020/06/choosing-house-lawyer/) - Some clients will hire the first lawyer they reach by phone. Others will take more time. They interview multiple lawyers in person. They ask questions. - [A "chance encounter" at the airport](https://koehlerlaw.net/2020/06/a-chance-encounter-at-the-airport/) - Q: At the airport, you showed up out of the blue, uninvited. Just like in the song. A: I had no idea she and her boyfriend would be there. - [Expunging marijuana arrest/conviction in D.C.](https://koehlerlaw.net/2020/06/expunge-marijuana-arrest-conviction-dc/) - Offenses that have been decriminalized (e.g., possession of marijuana) present one of the most promising options for expunging a criminal record in D.C. - [Unlawful entry charge dismissed](https://koehlerlaw.net/2019/12/unlawful-entry-charge-dismissed/) - According to recent D.C.C.A. opinion, Foster v. United States, D.C. Housing Authority residents cannot be barred from accessing areas covered by their leases. - [A "no-lose" question at a CPO hearing](https://koehlerlaw.net/2020/05/a-no-lose-question-at-a-cpo-hearing/) - You have to love the no-lose questions on cross-examination. You win no matter how the witness responds. Read about the one phrase you see again and again. - [The stupefied police officer](https://koehlerlaw.net/2020/02/the-stupefied-police-officer/) - Police officers have all the answers on direct examination. The clarity and animation disappear when it comes time to answer questions from the defense. - [White men, on the margin](https://koehlerlaw.net/2020/01/white-men-on-the-margin/) - My mother once said that the hardest part about getting old was the fear of being marginalized. She felt this particularly acutely as an older woman. - [Judges are human](https://koehlerlaw.net/2020/02/judges-are-human/) - The judge does not say: 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. - [Dealing with the crazies in C10](https://koehlerlaw.net/2020/01/dealing-with-the-crazies-in-c10/) - Outbursts at arraignment are inevitable. How a judge decides to deal with one is critical to what happens next. - [Expunge your criminal record in D.C.: actual innocence](https://koehlerlaw.net/2020/01/expunge-criminal-record-innocence/) - The fastest and most effective way to remove an arrest from your criminal record in D.C. is to file a motion alleging actual innocence under D.C. Code §16-802. - [I try cases](https://koehlerlaw.net/2019/11/i-try-cases/) - I have taken 63 cases to trial since 2015. I have secured outright acquittals in 23 of these cases – roughly 37 % – and partial acquittals in an additional 8. - [Police officers should not be advocates](https://koehlerlaw.net/2019/10/police-officers-should-not-be-advocates/) - Police officers have an instinctual unwillingness to agree with a defense attorney. Call me old-fashioned but I think it should be "just the facts, ma'm." - [Defining "possession, custody, or control" for Rule 16 purposes](https://koehlerlaw.net/2019/09/possession-custody-control-rule-16/) - In Weems v. United States, 191 A.3d 296 (D.C. 2018), the D.C. Court of Appeals defines "possession, custody, or control" for purposes of Rule 16. - [Presenting your best self when soliciting business](https://koehlerlaw.net/2019/09/presenting-your-best-self-when-soliciting-business/) - When marketing your writing services through mass emails, it is a good idea to make sure there are no typos, misspellings or grammatical errors in your message. - [Not guilty of destroying property](https://koehlerlaw.net/2019/09/not-guilty-of-destroying-property/) - The evidence was consistent with an intent to open the car door, not to damage the door handle. The prosecution was therefore unable to prove criminal intent. - [Good writing has a look](https://koehlerlaw.net/2019/09/good-writing-has-a-look/) - I have a new font: Century Schoolbook. My writing has improved already. - [Eavesdropping on Michael Jackson](https://koehlerlaw.net/2019/09/listening-to-michael-jackson-in-prison/) - Jackson spoke with three separate women, and he was a different person depending on which of the women he was on the phone with. He had phone sex with one woman. - [The definition of "stuporous" and other dumb police-isms.](https://koehlerlaw.net/2019/09/the-definition-of-stuporous-and-other-dumb-police-isms/) - Imagine my delight upon seeing the term "stuporous" used in the police report. Sometimes officers try to do too much. They should stay in their lane. - [PDS offers help with criminal appeals](https://koehlerlaw.net/2019/06/pds-offers-help-with-criminal-appeals/) - I am sitting with Jimmy Klein and Alice Wang in Klein’s office on the third floor of 633 Indiana Avenue, NW. Samia Fam and Jackie Frankfurter stopped in earlier. This is the dream team of appellate lawyers in D.C. and they are all offering input on an appellate brief I have been struggling with. - [Not guilty in unlawful entry case](https://koehlerlaw.net/2019/09/not-guilty-in-unlawful-entry-case/) - According to the police report, our client was hanging out by one of the gas pumps when police pulled in. The body worn cameras proved otherwise. Not guilty! - ["You do not know how to read a Google Map?"](https://koehlerlaw.net/2019/09/you-do-not-know-how-to-read-a-google-map/) - Q: So you followed him back to his house? A: I didn’t follow him. I was on my way to my mother’s house. She lives in that area. Q: You told police that your mother lives on B Street, right? THE COURT: Is that Northeast, Southeast – DEFENSE COUNSEL: -- You told police that your mother lives on B Street, Southeast. Right? A: I - ["The person giving you free legal advice is an idiot"](https://koehlerlaw.net/2019/09/the-person-giving-you-free-legal-advice-is-an-idiot/) - I have four questions for the person who is giving free legal advice. Are you a lawyer? Do you do criminal defense? Do you do criminal defense in D.C.? If so, are you an idiot? - [Unlawful entry: Barring notice must be valid](https://koehlerlaw.net/2019/09/unlawful-entry-barring-notice-valid/) - In unlawful entry cases in which the defendant is charged with violating a DCHA barring order, the underlying order must be authorized by D.C. statute. - [Mayhand v. U.S.: “A Statement is Not an Excited Utterance Unless the Declarant is Manifestly Overcome by Excitement or in Shock.”](https://koehlerlaw.net/2015/09/antoine-mayhand-v-united-states-a-statement-is-not-an-excited-utterance-unless-the-declarant-is-manifestly-overcome-by-excitement-or-in-shock/) - D.C. Court of Appeals Judge Catharine Easterly writes what I think. The difference is that she finds the words that elude me. And the words she writes impact D.C. law. Her impact continues in Antoine Mayhand v. United States, ___ A.3d ___ (2015). - [Mike knew we loved him](https://koehlerlaw.net/2019/08/mike-knew-we-loved-him/) - Mike O’Neill of “Mike and Heather” has died. We drive up to the wake in Lansford, Pennsylvania. It is reassuring to see Heather and their four adult children. - [Police officers are not neutral and disinterested witnesses](https://koehlerlaw.net/2019/08/police-officers-are-not-neutral-and-disinterested-witnesses/) - It is true that police officers have no stake in the outcome of the case. But they are hardly neutral and disinterested witnesses. - [Re-cross examination in Green v. United States](https://koehlerlaw.net/2019/07/re-cross-examination-green/) - If the prosecution introduces new evidence during re-direct examination, the defense has a constitutional right to question the witness about the new evidence. - [On being fired as a criminal defense lawyer](https://koehlerlaw.net/2019/08/on-being-fired-as-a-criminal-defense-lawyer/) - Although it is no fun to be fired by an unhappy client, there is no excuse for contradicting the client or for betraying client confidences. - [Unlawful Entry in Rahman v. United States](https://koehlerlaw.net/2019/07/unlawful-entry-rahman/) - The court found in Rahman v US that staying in a restaurant for 10 minutes after being asked to leave was sufficient to be found guilty of unlawful entry. - [Beautifying this website](https://koehlerlaw.net/2019/07/beautifying-this-website/) - As part of my effort to improve the look of this website, I am replacing stock legal photos (boring!) with two types of images: D.C. landmarks and graffiti. - [Open season on police officers?](https://koehlerlaw.net/2019/07/open-season-police-officers/) - According to a plain reading of D.C.'s new resisting arrest statute, you can lawfully resist your own Terry stop. - ["Intent-to-frighten" assault in D.C.](https://koehlerlaw.net/2019/07/intent-to-frighten-assault-dc/) - "Intent-to-frighten” assault is defined as threatening or menacing conduct that is intended to cause the victim to fear immediate bodily injury. - [Why am I charged with Theft II when I was arrested for shoplifting?](https://koehlerlaw.net/2019/07/theft-ii-charge-shoplifting-arrest/) - People who are arrested for shoplifting in Washington, D.C. are often surprised to find themselves charged with “theft II” when they show up for court. - [A prosecutor is caught in a lie](https://koehlerlaw.net/2019/07/a-prosecutor-is-caught-in-a-lie/) - An Assistant U.S. Attorney has been referred for disciplinary action after being caught misrepresenting facts before a U.S. District Court. - [What is a "suspended sentence" in D.C.?](https://koehlerlaw.net/2019/07/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. - [Is spitting on someone simple assault in D.C.?](https://koehlerlaw.net/2019/07/spitting-simple-assault-dc/) - Intentionally spitting on someone can subject you to criminal charges for simple assault in Washington, D.C. Learn more about this issue at Koehler Law. - [Can you go to jail for a protective order?](https://koehlerlaw.net/2019/07/protective-order-jail/) - Although a civil protection order (CPO) is a civil matter, not a criminal one, being the subject of a CPO can lead to criminal charges if you are accused of violating it. - [Excessive force is still the standard for self-defense in an APO case](https://koehlerlaw.net/2019/07/excessive-force-self-defense-apo/) - The standard for asserting self-defense in an assault case involving a police officer is whether or not the officer used excessive force during arrest. - [Can a CPO be denied?](https://koehlerlaw.net/2019/07/cpo-denied/) - The court may not have jurisdiction to issue the order. Or the court may decide after a hearing there is not "good cause" to believe a crime was committed. - ["This is great. We'll take it."](https://koehlerlaw.net/2019/07/this-is-great-well-take-it/) - My wife and I have gone full circle. We started off our lives together in a small rental apartment in D.C. Three kids, four cities, six houses and a lifetime later, we are now back in a small rental apartment in D.C. - [Expunging a drug conviction in D.C.](https://koehlerlaw.net/2019/05/expunging-drug-conviction-dc/) - D.C. Code § 48-904.01(e) provides for the expungement of a drug case in Washington, D.C. upon successful completion of pre-sentence probation. - [Trial transcript: impeaching lying witness](https://koehlerlaw.net/2019/06/trial-transcript-impeaching-lying-witness/) - Q: Ms. Jones. You realize that when the police interviewed you, they were wearing body worn cameras? A: Actually I didn’t know that. [Read More] - [What should I do after receiving a hit-and-run letter from D.C. police?](https://koehlerlaw.net/2019/06/hit-and-run-letter-dc/) - The letter from the police sounds ominous. Your car has been involved in a hit-and-run accident in DC - come in for an interview. Be careful: it is a trick! - [Prostitution arrests rise in D.C.](https://koehlerlaw.net/2019/06/prostitution-arrests-rise-dc/) - There is good news for D.C. criminal defense lawyers: Prostitution-related arrests can be expected to rise in the coming months. Read more... - [Living Next Door to the "House of Cards"](https://koehlerlaw.net/2013/09/living-next-door-to-the-house-of-cards/) - Our “House of Cards” neighbor gave me a tour of the house. I felt honored to get inside, considering that we now have carloads of young people who pull up to photograph themselves outside on the front step. At first I didn’t realize what was going on, and when I agreed to photograph a group of the young people all together, the woman had to keep telling me to make sure I included the house number in the photograph. - [They Make Me Wear This Jersey](https://koehlerlaw.net/2013/09/they-make-me-wear-this-jersey/) - Dear George: Without children at home to figure out all-things-electronic for us, Susan and I can’t get our television to work. So we walk over to a Sports Bar on Charles Street to watch the Redskins game. I have not missed a single play since RG-III joined the team. Susan is not a big football fan but she likes to keep me company. - [Thank You For Not Coaching Your Witness](https://koehlerlaw.net/2013/10/thank-you-for-not-coaching-your-witness/) - We should be able to take it for granted that the other side will not coach its witnesses. But this is not an ideal world. A couple of years ago, for example, police officers in D.C. accused prosecutors from the Office of the Attorney General with having asked them to lie on the stand in a DUI case. (The officers later sued the city for whistleblower retaliation.) - [The Walter Mitty of EPA](https://koehlerlaw.net/2013/10/the-walter-mitty-of-epa/) - Former EPA employee John Beale told colleagues that he worked for the CIA, traveling to far-flung places like Pakistan. In an email to his then supervisor, the current Administrator Gina McCarthy, he referred obliquely to his work for “this other agency” (perhaps she had seen something in the news?) and promised that he was still accessible by email. But, he noted with a “ho, ho, ho,” she should allow for a nine-hour time difference. - [Taking The Fall For A Client](https://koehlerlaw.net/2013/10/taking-the-fall-for-a-client/) - Two or three weeks into doing my first misdemeanor trials as a public defender in Philadelphia, I had a case in which I put my client’s mother on the stand. The judge, a kindly older woman, found my client guilty after allowing very little argument from either side. In the future, she told me, you might want to consider having your client testify. I would have been interested in what he had to say. - [Relevant = Material + Probative](https://koehlerlaw.net/2013/10/relevant-material-probative/) - According to Federal Rule of Evidence 401, the test for relevance is whether the evidence has a “tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” - [Ready for DUI/DWI Appeals in D.C.](https://koehlerlaw.net/2013/11/ready-for-duidwi-appeals-in-d-c-virginia-and-maryland/) - It is amazing to me there aren’t more appellate decisions in D.C. on DUI/DWI. Yes, a recent case – D.C. v. Taylor – dealt with the legal definition of impairment. Beyond that, however, there are not a whole lot of cases in an area of the law that is in urgent need of reform. - [And Sometimes You Go To Jail](https://koehlerlaw.net/2013/11/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 the lawyer in the case that sent him there. - [Using An Ellipsis To Misrepresent Language](https://koehlerlaw.net/2013/11/using-an-ellipsis-to-misrepresent-language/) - You have to be honest with the court. Your client’s fate depends on it. So does your reputation. - [Should my CPO hearing "trail" my criminal case?](https://koehlerlaw.net/2019/05/cpo-hearing-trail-criminal-case/) - Although the usual practice is for the CPO hearing to "trail" the criminal case, the defendant/respondent might want the CPO hearing to go first. - [Should I file a cross-petition in a CPO case in D.C.?](https://koehlerlaw.net/2019/05/file-cross-petition-cpo-dc/) - If you have been served with a civil protection order (CPO) petition in D.C. and you yourself are the victim of abuse, you can file for a CPO of your own. - [ABA Blawg 100 for 2013](https://koehlerlaw.net/2013/11/aba-blawg-100-for-2013/) - I was honored to be included again on the ABA Journal’s list of the top 100 law blogs, this time for 2013. The Journal is now taking popular votes to determine the top law blog in each of 13 different categories. My blog is listed in the Criminal Justice section, and I would greatly appreciate - [Let Me Talk To The Judge](https://koehlerlaw.net/2013/12/let-me-talk-to-the-judge/) - Whenever a group of defendants are lined up before the court to do misdemeanor guilty pleas, you will often have one or two who will try to back out at the last minutes. - [Delivering the News in an Appellate Case](https://koehlerlaw.net/2013/12/delivering-the-news-in-an-appellate-case/) - I call my court-appointed client in an appellate case to give him the news. Although I know many things about this man, I have never actually met him before. Up until recently he has been serving time in an out-of-state federal prison. I didn’t realize he was already home. Nor have I ever spoken to him on the phone: He thanks me for my letters and apologizes for not having returned my calls. - [Why Juvenile Cases Should Be Tried](https://koehlerlaw.net/2014/01/why-juvenile-cases-should-be-tried/) - When I was a public defender, a major challenge was the client with a lousy case and a good offer on the table who nevertheless insisted on taking his case to trial. He didn’t trust his lawyer to provide good legal advice. And he often had some zany idea about what he thought was going to win the case. (In my experience, retained clients generally take the advice of their lawyer.) - [It Is 8 Degrees Fahrenheit](https://koehlerlaw.net/2014/01/it-is-8-degrees-fahrenheit/) - It is 8 degrees Centigrade, and we have no heat on three floors of our new house. - [Adam Ortberg v. United States: Unlawful Entry Requires More Than “General Intent”](https://koehlerlaw.net/2014/01/ortberg-v-united-states-unlawful-entry-requires-more-than-general-intent/) - The common law distinction between “general intent” and “specific intent” offenses doesn’t work. This is what the D.C. Court of Appeals emphasized once again in Adam Ortberg, ___ A.3d ___ (2013), a recent case dealing with the required mental state for unlawful entry. - [No Reading From Prepared Remarks](https://koehlerlaw.net/2014/01/no-reading-from-prepared-remarks/) - This from the Blog of Legal Times: By all accounts, it was an excruciating moment at the Supreme Court on Tuesday. A nervous first-time advocate began his argument by reading from a prepared statement, until the never-shy Justice Antonin Scalia interrupted and asked: "Counsel, you are not reading this, are you?" The lawyer, Steven Lechner, froze and did not answer, staying silent until Justice Stephen Breyer broke the tension with these words: "It's all right." - [Pozner and Dodd on Cross-Examination](https://koehlerlaw.net/2014/01/larry-pozner-and-roger-dodd-on-cross-examination-science-and-techniques/) - If you are like me, your views on cross-examination are heavily influenced by two different sources/authorities. First, there is Irving Younger’s lecture on the “Ten Commandments of Cross-Examination,” which was shown to me during my initial training as a public defender in Philadelphia. Second, there is Francis Wellman’s book on The Art of Cross-Examination, a copy of which was sent to me the moment I took that job. - [You Have To Love The Law Books](https://koehlerlaw.net/2014/01/you-have-got-to-love-the-law-books/) - I just treated myself to the entire Wayne LaFave collection: 3 volumes on substantive criminal law, 6 volumes on search and seizure, and 7 volumes on criminal procedure. I had been coveting the criminal procedure set in the lawyer’s lounge of D.C. Superior Court. Now I have my own. And once I got onto the phone with the Thomson West representative, I couldn’t control myself: I had to order them all. - [No Strong-Arming of Defendants Into Accepting Pleas](https://koehlerlaw.net/2014/01/no-guarantees-of-jail-time-for-defendants-who-reject-plea-offer/) - 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 jail-time if they convicted. After all, that is exactly what happened. - [The "Gracious Concession"](https://koehlerlaw.net/2014/02/the-gracious-concession/) - It is great when things are going well on cross-examination and you can string out one helpful tidbit after another for maximum impact. During the cross-examination of a police officer in a DUI case, for example, this might be taking advantage of what Lenny Stamm has referred to as the “white part” of the police report: All the things the police officer did not see fit to include in his report. My client wasn’t speeding. Or swerving. He stopped at the red light. He signaled before turning. He pulled over immediately when you activated your overhead lights. He was polite with you. And cooperative. He spoke normally, and his face was not flushed or red. And so on. - [What We Learn About Our Colleagues](https://koehlerlaw.net/2014/02/what-we-learn-about-our-colleagues/) - We feel like we know our colleagues. We know who the good ones are and we know who the bad ones are. But that is based mostly on reputation. We spend a lot of tine with our colleagues together in the courtroom waiting for our cases to be called. But we rarely see each other at trial. - [The Duty to Disclose Includes the Duty to Preserve](https://koehlerlaw.net/2014/02/the-duty-to-disclose-includes-the-duty-to-preserve/) - Police officers fail to preserve a critical piece of evidence, in this case a video recording taken of the incident in question. The defendant moves for sanctions. In opposing this motion, the government argues that the defendant’s arguments about what the recording contained is speculative. The court agrees. - [No More Snow Forts](https://koehlerlaw.net/2014/02/no-more-snow-forts/) - Thirty years ago my wife and I hustled across Key Bridge from Georgetown so that we could hole up in my apartment during a major snowstorm. Stopping at a grocery store on the way there, we did not see another human being for the next four days. We were cocooning before anyone else thought of that use of the word. - [Common Sense in Dealing with Court Staff](https://koehlerlaw.net/2014/02/common-sense-in-dealing-with-court-staff/) - It is a foolish lawyer who offends court personnel. During my first year as a public defender in Philadelphia, one of my colleagues made the mistake of being less than respectful toward a court clerk in a preliminary hearing room. Passing the word to his colleagues, the clerk did his best to make her life as miserable as possible thereafter. - [From Law School to Law Practice: The Importance of Clinicals](https://koehlerlaw.net/2014/02/from-law-school-to-law-practice-the-importance-of-clinicals/) - Unless we were working in some capacity in which we were actually dealing with clients, everything we learned in law school was theoretical. Maybe we motivated ourselves by imagining that some day we would be able to apply what we were learning. More likely, considering that many of us had no idea at that time what area of the law we would be practicing, we were motivated by a desire to do well on exams so that we could earn a good grade. - [House of Cards Does Military Rape](https://koehlerlaw.net/2014/02/house-of-cards-does-military-rape/) - Without giving anything away, the House of Cards has picked up on the issue du jour for its second season – military rape – and the writers are obviously basing their characters on actual people. It is not a stretch, for example, to conclude that the pretty California congresswoman named Jackie Sharp was inspired by the pretty California congresswoman named Jackie Speiers in real life. And I guess we should not be offended that the House of Cards person pushing for true reform – taking the decision-making out of the chain of command – is a played by the Robin Wright villain. - [When Police Officers Shade Their Testimony](https://koehlerlaw.net/2014/03/when-police-officers-shade-their-testimony/) - “Runner!” This is what one police officer yells to the other two officers, and all three officers take off in pursuit of a suspect who has decided to flee. - [Pozner and Dodd on "Constructive Cross-Examination"](https://koehlerlaw.net/2014/03/pozner-and-dodd-on-constructive-cross-examination/) - It is what we see on T.V. and in the movies. It is what our clients expect of us. And, providing us with war stories to tell our friends and colleagues, it is lots of fun to do. This is the tearing down of the opponent’s witness on cross-examination. We confront the witness. We force her into concessions. We catch her in all sorts of contradictions. Lies, lies, all stinking lies! - [Policy Shmolicy: Dealing With Junior Prosecutors](https://koehlerlaw.net/2014/03/policy-shmolicy-dealing-with-junior-prosecutors/) - 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 – “case dismissed” – so that we can all get on with our business. - [DUI Lawyers Get No Respect](https://koehlerlaw.net/2014/03/dui-lawyers-get-no-respect/) - I am attending the “Mastering Scientific Evidence” for DUI cases sponsored by the National College for DUI Defense (NCDD) and the Texas Criminal Defense Lawyers Association (TCDLA). New Orleans is a wonderfully decadent city: It is fun to see tourists strolling down Bourbon Street with Mardi Gras beads and a large, fluorescent-colored drink at 10:00 am in the morning. - [The Most Promising Law Students Know Latin and Greek](https://koehlerlaw.net/2014/04/the-most-promising-law-students-know-latin-and-greek/) - My brother teaches classics at an inner city high school in Connecticut. Just the other day he called me with a student on the phone. Interested in a career in the law, the student wanted to know whether she should study business or political science. I told her that her major did not really matter. Take the classes you are interested in, I advised. And then do well in those classes. - [My Favorite Woman. My Favorite Congresswoman. And Nancy Pelosi.](https://koehlerlaw.net/2014/04/my-favorite-woman-my-favorite-congresswoman-and-nancy-pelosi/) - [On the Benefits of Restraint During Cross-Examination](https://koehlerlaw.net/2014/04/on-the-benefits-of-restraint-during-cross-examination/) - I am sitting in JM-15 watching Sheila Willis of the Public Defender Service cross-examine a police officer during a probable cause hearing. Ms. Willis is firm with the officer. She is also pleasant, reasonable and restrained. - [Navarette v. California: Anonymous Tips, Reasonable Suspicion, and Car Stops](https://koehlerlaw.net/2014/04/navarette-v-california-anonymous-tips-reasonable-suspicion-and-car-stops/) - The state of the law with respect to reasonable suspicion and anonymous tips is already pretty muddy. Now, with Navarette v. California, 572 U.S. ___ (2014), the Supreme Court has just made it worse. - [I Will Miss The Conference Room](https://koehlerlaw.net/2014/04/i-will-miss-the-conference-room/) - The Academy Award-nominated documentary The Invisible War begins with the individual stories. We then see one of the women, Kori Cioca, driving across the country to come to D.C. The movie climaxes with the meeting of the women in the conference room of Susan’s and my office in Georgetown. The women come together as part of my wife’s lawsuit. They realize they are not alone. They tell their stories. They laugh and they cry. - [What Must You Disclose After Having Your Criminal Record Sealed in D.C.?](https://koehlerlaw.net/2014/05/the-effect-of-sealing-a-criminal-record-in-d-c/) - One of the questions I often get in connection with the sealing of a criminal record in D.C. is this: What must the person disclose about his or her record after that record has been successfully sealed? - [With Significant Drop in Crime, D.C. Reduces Size of CJA Panel](https://koehlerlaw.net/2014/05/with-crime-down-significantly-a-much-smaller-cja-panel-for-d-c/) - 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. - [Jacobs v. United States: Narrowing the Definition of “Seizure” in D.C.](https://koehlerlaw.net/2014/05/jacobs-v-united-states-narrowing-the-definition-of-seizure-in-d-c/) - You are sitting in a legally parked car on the side of the road minding your own business when a police car pulls in directly behind you and activates its overhead lights. How many people would feel that they were perfectly free to drive away at this point? - [My Client Is Going Home Today](https://koehlerlaw.net/2014/06/my-client-is-going-home-today/) - My client – a juvenile -- is going home today. I am working with one of my favorite prosecutors on the case. She is hard-line but straightforward and ethical too. There is no hiding-the-ball with her. She has a light touch. She also has a good sense of humor. - [Owens v. United States: The Standard for Defining State-of-Mind in an RSP Case is a Subjective One](https://koehlerlaw.net/2014/06/owens-v-united-states-the-standard-for-defining-state-of-mind-in-an-rsp-case-is-a-subjective-one/) - In law school, we learned the difference between a subjective standard in defining a mental state and an objective one. The subjective standard focuses on the defendant’s actual state of mind. With the objective standard, it is how a reasonable person in the same position would feel. - [Holmes v. United States: Video-Assisted Testimony Not Hearsay](https://koehlerlaw.net/2014/06/holmes-v-united-states-video-assisted-testimony-not-hearsay/) - Marvin Holmes was convicted of stealing two shirts from the Saks Fifth Avenue store in Friendship Heights. The store detective testified to the observations he made through the store surveillance camera. The defendant argued on appeal that this testimony should have been excluded as inadmissible hearsay. Specifically, he argued that the live “video feed was a statement because the store detective was able to train the camera on him and follow him throughout the store.” - [Williams v. U.S.: Brandishing Knife in Self-Defense Not Excessive](https://koehlerlaw.net/2014/06/williams-v-us-conviction-for-brandishing-knife-overturned-because-of-self-defense/) - You have the right to use a reasonable amount of force in self-defense assuming (1) that you actually believe that you are in imminent danger of bodily harm and (2) you have reasonable grounds for that belief. The question is not whether the use of force appeared to be necessary when looking back on the incident. The question instead is whether you actually believed you were in imminent danger under the circumstances as they appeared to you at that time and whether you were reasonable in holding this belief. In other words, the standard is both subjective and objective. Moreover, as the criminal jury instructions in D.C. put it, - [The Government Wins Every Time](https://koehlerlaw.net/2014/06/the-government-wins-every-time/) - Years ago I went to the Playland amusement park in Rye, New York with some friends. We were walking by the “Guess Your Age or Weight” booth when I noticed that the proprietor had stepped out, temporarily turning the business over to his daughter. - [Pinning Down An Elusive Cop On Cross-Examination](https://koehlerlaw.net/2014/06/pinning-down-an-elusive-cop-on-cross-examination/) - Q: You testified on direct that the defendant approached you. A: Define when you say approach. Q: I am sorry? - [Loser Walking](https://koehlerlaw.net/2014/07/loser-walking/) - Guest Post By Raymond Koehler I have written for my brother’s law blog before and received a nice response. In fact, Jamie said my post got more responses than any of his own posts. One thing you must know about Jamie, or, to use his more professional sounding name, “Jamison,” is that he is the most appreciative brother you could ever have. And what he finds to appreciate about you always rings with just enough truth that, although you may be skeptical at first, you nevertheless start searching within yourself for examples of it, find more and more evidence to support it, until – lo and behold – it’s part of you. A “self-fulfilling” truth some may call it. - [Actus Non Facit Reum Nisi Mens Sit Rea](https://koehlerlaw.net/2014/07/actus-non-facit-reum-nisi-mens-sit-rea/) - Translated into English, actus no facit reum nisi mens sit rea means that “an act does not make one guilty unless his mind is guilty.” In other words, it is not enough for the government to prove a physical part of a crime; that is, an act or an omission to act. The government must also prove a mental part – the mens rea (“guilty mind”) or scienter or criminal intent. - [Wayne LaFave on "Motive"](https://koehlerlaw.net/2014/07/wayne-lafave-on-motive/) - otive. It is really big on TV shows. At the same time, if you listen to Wayne LaFave, it is completely irrelevant when it comes to substantive criminal law: The government is not required to prove motive in order to secure a conviction. - [Judicial Notice: The Difference Between “Legislative” and “Adjudicative” Facts](https://koehlerlaw.net/2014/07/mccormick-on-judicial-notice-the-difference-between-legislative-and-adjudicative-facts/) - A court accepts a well-known and indisputable fact without taking up all the time and trouble of requiring a party to prove it. What could be more straightforward, more commonsensical, than that? As McCormick puts it, the “oldest and plainest ground for judicial notice is that the fact is so commonly known in the community as to make it unprofitable to require proof, and so certainly known as to make it indisputable among reasonable men.” - [Job Security is Not Always a Good Thing](https://koehlerlaw.net/2015/02/job-security-is-not-always-a-good-thing/) - 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. - [Gayden v. U.S.: Interpreting the “Resist” and “Intimidate” Provisions of D.C.'s APO Statute](https://koehlerlaw.net/2015/02/gayden-v-u-s-interpreting-the-resist-and-intimidate-provisions-of-d-c-s-apo-statute/) - In Cheeks v. United States, a case issued a couple of months ago, the D.C. Court of Appeals interpreted the “interfere” provision of D.C.’s Assault of a Police Officer (APO) statute. (It is illegal under this statute to assault, resist, oppose, impede, interfere with or intimidate a police officer who is performing his official duties, and the court has had to issue multiple decisions interpreting the statute’s many provisions.) Most recently, the court issued an opinion in Jarrell Gayden v. United States, __ A.3d __ (D.C. 2014) in which it interprets the “intimidate” and “resist” provisions. The opinion also clarifies the government’s burden of proof in an attempted threats case. - [Should I enter into a "CPO without admissions" in D.C.?](https://koehlerlaw.net/2019/02/cpo-without-admissions-dc/) - A person served with a CPO petition can enter into a consent CPO without admissions, granted without hearing, in exchange for no adverse finding of facts. - [Finding reasonable doubt in a domestic violence case](https://koehlerlaw.net/2019/05/reasonable-doubt-domestic-violence/) - There is always a defense in domestic violence cases in Washington, D.C. - [Difference between domestic violence and simple assault in D.C.](https://koehlerlaw.net/2019/05/domestic-violence-simple-assault-difference-dc/) - A specific crime (e.g., simple assault) should not be confused with a general category of crimes (e.g., domestic violence). Learn about applicable D.C. law. - [The DUI Defense Lawyers Association: A New Challenge to the NCDD](https://koehlerlaw.net/2014/07/the-dui-defense-lawyers-association-a-new-challenge-to-the-ncdd/) - I am clueless about the politics. But you know this has to be a really, really bad thing for the National College for DUI Defense (NCDD). - [Who Wants To Be The Last Person Arrested for Possessing An Ounce Of Marijuana In DC?](https://koehlerlaw.net/2014/07/who-wants-to-be-the-last-person-arrested-for-possessing-an-ounce-of-marijuana-in-dc/) - With the Marijuana Possession Decriminalization Amendment Act of 2014 having gone into effect yesterday, the Washington Post did an article discussing the fate of the last few people who were arrested under the old law. (From now on, possession or transfer without payment of one ounce or less of marijuana will be a civil infraction, not punishable as a criminal offense.) It was like that question back from the 1970’s: Who wants to be the last American killed in Vietnam? - ["Observe and Report": The Duties of Fake Cops](https://koehlerlaw.net/2014/07/observe-and-report/) - This is what the witness’ duty is. It is not to “protect and serve” like a regular police officer. Instead, it is to “observe and report.” - [“Equal Justice Under Law”: Why Alec Karakatsanis Is Not Your Typical Smug, Humorless Public Interest Lawyer](https://koehlerlaw.net/2014/07/alec-karakatsanis-equal-justice-under-law/) - 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. - [Judge Easterly Lets The Facts Speak For Themselves In Damning the Government for Brady Violations](https://koehlerlaw.net/2014/08/vaughn-v-united-states-judge-easterly-lets-the-facts-speak-for-themselves-in-damning-the-government-for-brady-violations/) - You suspect it happens all the time: the prosecutor withholds exculpatory information from the defendant, thereby preventing the defendant from mounting an effective defense. The problem is that, with the government in sole possession of all the information, you have no way of proving it. - ["Darling, I Love You But Give Me Park Avenue"](https://koehlerlaw.net/2014/08/darling-i-love-you-but-give-me-park-avenue/) - We live on Park Avenue. It is a beautiful tree-lined street in an historic part of town. But it is not what you think: It is not Park Avenue in New York City. And that is because we live in Baltimore. - [D.C. Police to Wear Body Cameras](https://koehlerlaw.net/2014/09/d-c-police-to-pilot-body-cameras/) - The Metropolitan Police Department will begin a pilot program this week in which police officers will be outfitted with body cameras to record their interactions with civilians. According to the Washington Post, 165 officers will be equipped with a camera on either their shirt or glasses. The purpose of this program is to “increase public trust between police officers and the city residents they are sworn to protect.” - [Life Lessons for My Law Practice](https://koehlerlaw.net/2014/10/life-lessons-for-my-law-practice/) - I am in Nairobi, and I would like to buy my wife a malachite necklace. I check at the hotel store and see that the necklaces there sell for well over $100. So I go out to a market on the street with cash. - [Thank You For Your Vote Of Confidence](https://koehlerlaw.net/2014/10/thank-you-for-your-vote-of-confidence/) - Dear Juvenile Client: You must think I am one really, really good lawyer. Why else would you violate every condition of your pre-trial probation -- knowing that this would result in your being locked up until forever -- unless you were absolutely convinced that I was going to beat the case? - [“I Make Over Six Figures A Year. What Am I Doing Here?”](https://koehlerlaw.net/2014/10/i-make-over-six-figures-a-year-what-am-i-doing-here/) - Guest Post by Tyler Wolff* These are the first words that went through my head when the jury found me guilty of my second DUI. The first one was a dangerous mistake: I was young, underage, drinking with a fake ID, and hadn’t consumed much alcohol in my life up to that point. Really, growing up, I didn’t drink much. Working in a new city with new faces and friends, I liked the competitiveness of the “drinking” scene. All you have to do to become the bigger man is to drink more shots than the next guy? Sure, done. No problem. On it. - [Sometimes I Think The Stenographer Is Out To Get Me](https://koehlerlaw.net/2014/11/sometimes-i-think-the-stenographer-is-out-to-get-me/) - I read every transcript I can get my hands on, including my own. My office mate at the Philly PD’s office used to give me a hard time about that – he thought I was being vain. But he may have been giving me more credit than I deserved. Sometimes you are proud of how you did. Other times, with every verbal tic and grammatical error spelled out in black-and-white for everyone to see, reviewing a transcript can be a humbling experience. For example, take this two-line blurb from a recent probable cause hearing transcript (please!): - [Watching Amy Phillips](https://koehlerlaw.net/2014/11/watching-amy-phillips/) - 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 I will never be. And I am watching her eviscerate the government’s lawyer at a hearing at which she has raised multiple Brady and other issues. - [Testifying = Snitching?](https://koehlerlaw.net/2014/11/testifying-snitching/) - The witness refuses to testify. “I am not a snitch,” he tells my investigator Wayne and me. “But we am not asking you to snitch on anyone,” I reply. “We are just asking you to testify. To tell the truth on the stand about what you saw. We need your testimony for our defense.” - [Cheek v. U.S.: Interpreting the “Interfere” Language of D.C.’s APO Statute](https://koehlerlaw.net/2014/11/cheek-v-u-s-interpreting-the-interfere-language-of-d-c-s-apo-statute/) - The Assault on a Police Officer (APO) statute is so broad that the D.C. Court of Appeals has had to issue multiple opinions to interpret it. In Edwin Cheek v. United States, an opinion it issued today, it interpreted that portion of the law that makes it illegal to “interfere” with a police officer while that officer is performing his official duties. (Other parts of the statute make it illegal to assault, resist, oppose, impede, or intimidate an officer.) - [James Colt is Superman](https://koehlerlaw.net/2014/12/james-colt-is-superman/) - I have long been 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. - [Everything is Calm. Everything is Civilized.](https://koehlerlaw.net/2014/12/everything-is-calm-everything-is-civilized/) - The two young men have been in the same place at the same time before. I have seen it on the video recording. The first meeting – captured by a surveillance camera at the back of a D.C. metro bus -- – involved a violent altercation in which they exchanged blows. The kid getting the worst of it – my client –eventually pulled out a weapon. - [On the Satisfaction of Doing Criminal Appeals](https://koehlerlaw.net/2015/01/on-the-satisfaction-of-doing-criminal-appeals-in-d-c/) - During the second semester of my senior year in college, I submitted a paper for my English class that was three-quarters of a page long. It was my last assignment for a class I was taking pass/fail and I already knew I was going to pass. But I had to turn in something -- anything -- so that I wouldn’t get an incomplete. - [On the Criminal Defense Attorney Who “Knows” all the Prosecutors](https://koehlerlaw.net/2015/01/on-the-criminal-defense-attorney-who-knows-all-the-prosecutors/) - “I can get you a good deal because I know all the prosecutors.” This is what another attorney 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. - [Refreshing Recollection at a DMV Hearing](https://koehlerlaw.net/2015/01/refreshing-recollection-at-a-dmv-hearing/) - DEFENSE COUNSEL: Objection. HEARING EXAMINER: Basis? DEFENSE COUNSEL: I would ask that the officer testify from memory and not read from his report - [Police Officer as Expert at DMV Hearing](https://koehlerlaw.net/2015/01/police-officer-as-expert-at-dmv-hearing/) - Q: You are certified to administer the standardized field sobriety tests? A: Yes. Q: So you are familiar with the science behind the standardized field sobriety tests? A: Yes. - [Eliminate Adverbs. Improve Your Writing.](https://koehlerlaw.net/2015/03/eliminate-adverbs-improve-your-writing/) - We all have our pet peeves when it comes to the English language. I had an English teacher in college who offered a $1 million reward to anyone who could find a single instance in which use of the word “utilization” would be preferable to “use.” As far as I know, this reward is still unpaid. - [The Coin, Rubbed Back To Newness](https://koehlerlaw.net/2015/03/another-tooth/) - Our son is home from college. The front door opens and there he is: Tall and slender, like Telemachus standing in the doorway of the shepherd’s hut. There is the pile of clothes in his bedroom, the groan of pipes as he turns off the shower every morning, and the male voice rumbling from the - [And Sometimes We Get Outlawyered](https://koehlerlaw.net/2015/03/and-sometimes-we-get-outlawyered/) - We like to think that the fate of our case will rise or fall depending on our lawyering. Placing us at the center of everything, this perception helps our egos. It also suggests complete control: We are guaranteed victory if only we work hard enough. And that is reassuring. - [Solo Practitioners Don’t Have A Jackie Frankfurt](https://koehlerlaw.net/2015/03/solo-practitioners-dont-have-a-jackie-frankfurt/) - 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 if there was ever a new development in the law, we were all provided with a handy-dandy fact sheet with suggestions on things to look out for and tips on how to incorporate this new development into your practice. I remember the “paid lawyers” looking at me with envy every time I pulled something like that out in the courtroom. - [Teneyck v. U.S.: What is Significant Bodily Injury Under the Felony Assault Statute?](https://koehlerlaw.net/2015/04/reginald-teneyck-v-united-states-what-is-significant-bodily-injury-under-the-felony-assault-statute/) - The D.C. Court of Appeals has issued a number of opinions over the last couple of years in which it has refined the definition of “significant bodily injury” under D.C.’s felony assault statute. In Nero v. United States, for example, the court found that a bodily injury was significant when a bullet passed through the complainant’s bicep, causing “obvious pain and bleeding” from a wound an expert witness characterized as potentially life-threatening without treatment. 73 A.3d 153 (D.C. 2013). Also satisfying the standard was the case in which the complainant was kicked in the head, her head hit a metal gate, and her ear “burst open,” requiring four to six stitches and leaving a scar. In re R.S., 6 A.3d 854 (D.C. 2010). - [Bob Dylan at the Lyric](https://koehlerlaw.net/2015/04/bob-dylan-at-the-lyric/) - My wife and I have tickets to see Bob Dylan at the Lyric. This is good news. I like Bob Dylan. And although my wife may not be terribly enthusiastic about his music, she is always happy to go out. Besides, the Lyric is just a couple of blocks from our house. We won’t need to worry about parking. - [Every Prosecutor Should Experience the Humiliation and Discomfort of an Arrest](https://koehlerlaw.net/2015/04/on-being-arrested-for-leaving-after-colliding-in-d-c/) - 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. - [Baltimore Was Never Burning](https://koehlerlaw.net/2015/04/baltimore-was-not-burning/) - The pizza delivery guy is really upset. He has $250 worth of pizza in the backseat of his car, and his next destination – after leaving our house – is smack dab in the middle of the riots. “I can’t believe my boss,” he tells me. “He is an idiot. He agreed to be paid - [Please Call Me "Sir"](https://koehlerlaw.net/2015/05/please-call-me-sir/) - I went into a bank this morning wearing sweat pants, and the guy greeting people at the front door called me “Buddy.” I am sure that, had I been wearing a suit, he would have called me “sir.” As a younger man, I used to hang out with my cousin and his friends. Let’s just - ["Your Breath to Keep Me Up"](https://koehlerlaw.net/2015/06/your-breath-to-keep-me-up/) - Many years ago, our mother had to go to the hospital, and it took the doctors a long time to figure out what was wrong with her. During that time, she was running a very high fever and was delirious. She was also being rather difficult, which was uncharacteristic for her. They took us out in the hall separately to ask us questions, and we realized they suspected that she was also suffering from alcohol withdrawal. - ["Badgering" the Witness at a CPO Hearing](https://koehlerlaw.net/2015/06/badgering-the-witness-at-a-cpo-hearing/) - The judge informs me that I am “badgering” the witness. I have heard of “arguing with a witness” and “harassing a witness.” Until the judge accuses me of "badgering" the witness, however, I didn’t even know there was such a thing – other than on TV, of course. The witness is the petitioner in a - [Trial Transcript: New Prosecutor Struggles With Basics of Direct Examination](https://koehlerlaw.net/2015/06/trial-transcript-new-prosecutor-struggles-with-basics-of-direct-examination/) - A: It is a photograph of the bottle that was thrown through the window. Q: How did you find that bottle? A: I didn’t find the bottle. The policeman found the bottle. THE COURT: So she didn’t find the bottle. It seems that you put facts in your question that aren’t in evidence. Did you - [The SFSTs Have Never Been Peer Reviewed](https://koehlerlaw.net/2015/07/the-sfsts-have-never-been-peer-reviewed/) - Peer review is a critical component of any scientific research. You don’t simply expect people to take your word for it. Instead, you send things out to other experts in your field and you say: I am confident in the results I have received. But have at it. - [Keeping the Torch Lit](https://koehlerlaw.net/2015/07/keeping-the-torch-lit/) - Two milestones mark either end of my summer. My 90-year-old mother died at the end of May and my youngest child will leave for college at the end of August. Within the space of three months, I will have become both an orphan and an empty nester. - [Effective <--->  Ineffective Assistance of Counsel](https://koehlerlaw.net/2015/08/effective-ineffective-assistance-of-counsel/) - I am doing a court-appointed criminal appeal, and I am cranky with the defense lawyer who tried the case. He won’t return my phone calls. He won’t send me the trial file. I have no idea why he appealed. And I find, upon reviewing the trial transcript, that he messed up the one potential area - [This Is Not About You Or Me](https://koehlerlaw.net/2015/10/this-is-not-about-you-or-me/) - The prosecutor is mad at me. So I send her a quick email to apologize. It is true: I am sorry. I am sorry that she has been sick. I am sorry that her daughter has been sick. And I am sorry if I embarrassed her in front of the judge. But I am not - [D.C. Panel of Court-Appointed Lawyers for Juveniles](https://koehlerlaw.net/2015/10/d-c-panel-of-court-appointed-lawyers-for-juveniles/) - 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. - [Joining the Adult CJA Panel in D.C.](https://koehlerlaw.net/2015/11/joining-the-adult-cja-panel-in-d-c/) - 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. - [And Sometimes the Court Views the Government's Witness the Same Way You Do](https://koehlerlaw.net/2015/11/and-sometimes-the-court-views-the-governments-witness-the-way-that-you-do/) - THE COURT: Okay. Now, see, we’re running into a little bit of a problem here. THE WITNESS: Okay. THE COURT: This is a trial in an American courtroom. - [I Will Miss The Kids](https://koehlerlaw.net/2015/11/i-will-miss-the-kids/) - “Darrell” was my typical client. Like all of my clients, he was my favorite. When this is over, Darrell told me one time, you are going to take me out for dinner. You can bring your wife, he added. We will go to a nice restaurant and we will order some really expensive food. - [The Prosecutor Doesn’t Care About You](https://koehlerlaw.net/2015/11/the-prosecutor-doesnt-care-about-you-as-a-person/) - There is good news and there is bad news for anyone who has ever been charged with a minor criminal offense. The good news is that the government has a ton of these cases that it needs to prosecute. This means that it will probably offer most first-time offenders some type of diversion program in - [A New Perspective on Representing Indigent Criminal Defendants](https://koehlerlaw.net/2016/01/a-new-perspective-on-representing-indigent-criminal-defendants-in-d-c/) - 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. - [On the Benefits of a Flat Fee Agreement](https://koehlerlaw.net/2016/03/on-the-benefits-of-a-flat-fee-agreement/) - Criminal defense attorneys often use flat fees; that is, we charge a set sum to cover the entire course of a representation. This includes arraignment, negotiations with the prosecutor, any legal research that needs to be conducted, preliminary hearings and status hearings, trial, and, if necessary, sentencing. As Mark Bennett has put it, the flat fee is at once the minimum fee for a representation as well as the maximum: “If we go to court the first time and, for whatever reason, the case is dismissed, I don’t owe you any money back. On the other hand, if we spend a year litigating and then wind up in a two-week trial, you don’t owe me any more money.” - [Second Fiddle at a Jury Trial](https://koehlerlaw.net/2016/03/second-fiddle-at-a-jury-trial/) - 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 respect to offer my services. I want to punch the ticket. I also hope to learn something. - [Feedback from Jurors After Trial](https://koehlerlaw.net/2016/04/feedback-from-jurors-after-trial/) - The jury is still deadlocked after three days of deliberations, and the judge declares a mistrial. She releases the jurors. Anyone interested in answering questions from the lawyers, she tells them, should stick around in the jury room. - [A Criminal Defense Lawyer Gets Mugged](https://koehlerlaw.net/2016/05/a-criminal-defense-lawyer-gets-mugged/) - I am hit so hard that my boot flies off as I fall backward. The boot sprawls across the bricks out onto the street.Our dog scampers after it. She thinks we are playing. - [What It Means To Be Heard](https://koehlerlaw.net/2016/05/having-your-day-in-court/) - The complainant is having a melt-down in the hallway. It is not my case so I have no idea what is going on. All I see are two young prosecutors trying to calm her down. The more they talk with her, the angrier she gets. The situation seems to be getting out of control when a U.S. Marshall arrives. - [Build It And They Will Come](https://koehlerlaw.net/2016/06/build-it-and-they-will-come/) - Guest Entry by Mary Anne Brush Mindfulness. It’s become quite the buzzword, but what does it mean? Jon Kabat-Zinn, teacher of mindfulness meditation and founder of the Mindfulness-Based Stress Reduction Program at the University of Massachusetts Medical Center, defines it as paying attention on purpose. It’s an effort to be ever-present with an experience in - [“The First Thing We Do, Let’s Kill All the Lawyers”](https://koehlerlaw.net/2016/07/the-first-thing-we-do-lets-kill-all-the-lawyers/) - Back in my days with the federal government, before I had my own J.D., I hated working with the lawyers. It was not just that they spoke a strange language and treated each other as if they were all members of an exclusive club. It was also that they seemed to come up with a million reasons to block everything we wanted to accomplish. You are not the client, they would tell me when I complained. The agency is our client, they said, and it is our job is to protect it from potential legal liability. - [“The Type of Guy That Gives Lawyers a Bad Name”](https://koehlerlaw.net/2016/09/the-type-of-guy-that-gives-lawyers-a-bad-name/) - Q: When did you have that conversation then with David? A: Prior to him ending up in the hospital. Q: Do you recall the date, approximately? A: No, I do not recall an approximate date. Q: Not even a year? A: What? Are you that stupid? 2013. Q: You didn’t have a conversation with him - [Body Worn Cameras in D.C.: Watching Events Through the Eyes of Police](https://koehlerlaw.net/2016/09/body-worn-cameras-in-d-c-watching-events-unfold-through-the-eyes-of-a-police-officer/) - 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 - ["When Beggars Die, There Are No Comets Seen"](https://koehlerlaw.net/2016/10/when-beggars-die-there-are-no-comets-seen/) - My wife believes in helping out those who are less fortunate. I believe that if everyone would stop giving money to the panhandlers who frequent every major traffic intersection in Baltimore, the panhandlers would be gone within a week. If I were to ever run for office, I would have two planks on my platform. - [At Least There Are No Spelling Errors](https://koehlerlaw.net/2017/04/at-least-there-are-no-spelling-errors/) - The President of the United States has access to the best minds in the country. Presumably, this includes people with a basic grasp of syntax and grammar. - [An Ethical Prosecutor Confronts Her Own Witness](https://koehlerlaw.net/2017/05/an-ethical-prosecutor-confronts-her-own-witness/) - BY DEFENSE COUNSEL ON CROSS Q: Ms. Smith, do you have an email account? A: Do I have an e-mail account? Q: Yes. A: I do. Q: Is it a Yahoo account? A: No. Q: What is your e-mail? A: It’s – Q: Actually, let me ask you this way. Are you familiar with an - [The Rule on Witnesses at a D.C. DMV Hearing](https://koehlerlaw.net/2018/08/the-rule-on-witnesses-at-a-d-c-dmv-hearing/) - DEFENSE: Before I begin my argument, I’d like to invoke the rule on witnesses. HEARING EXAMINER: The what? The rule on witnesses? - [Lists](https://koehlerlaw.net/2018/11/lists/) - I sit across from a colleague in her office at the Public Defender Service in D.C. A list of names from the jail is on her desk. Some of the names have been crossed out. Others have been highlighted or checked. “Names are naked things,” my father once wrote. Lists are “an alphabet not intimate - [Impeachment on Personnel Records](https://koehlerlaw.net/2018/12/impeachment-on-personnel-records/) - Q: If you lost your body worn camera, you could get written up for that, right? A: Yeah, if you lost it, yes. But in this situation, it was knocked off or fell off, whatever have you – Q: Right. A: I mean, it’s not exactly my fault in this situation but I still need - [Police Officers as Neutral, Disinterested Witnesses](https://koehlerlaw.net/2018/12/police-officers-as-neutral-disinterested-witnesses/) - I like most of the police officers I work with. Access to body worn camera footage has also given me greater respect for what they do: I have seen them deal with volatile and potentially dangerous situations with sensitivity and respect. But this notion of police officers as neutral, disinterested third party observers who testify impartially on behalf of the government is ridiculous. The officers do pick a side – and it is the government’s. - [Laying the Foundation for an “Excited Utterance”](https://koehlerlaw.net/2019/01/laying-the-foundation-for-an-excited-utterance/) - Q. Officer. When you arrived, the altercation was still on-going, right? A. That’s right. Q. So you have no idea how it started? A. No, I don’t. Q. When you arrived, my client had a bottle in her hand? A. Correct. Q. And he had a piece of wood in his hand, right? - [Handling a U.S. Citation Case in D.C. Superior Court](https://koehlerlaw.net/2019/01/handling-a-u-s-citation-case-in-d-c-superior-court/) - Here is what every lawyer appearing in D.C. Superior Court should know about handling an arraignment for a U.S. citation. - [Can I expunge a criminal record for simple assault?](https://koehlerlaw.net/2019/04/expunge-criminal-record-simple-assault-dc/) - A criminal record for simple arrest in D.C. can be sealed either immediately on the grounds of actual innocence or after two years in the interests of justice. A conviction for simple assault can be sealed after eight years. - [On finding out people have been plagiarizing this website](https://koehlerlaw.net/2019/04/on-finding-out-people-have-been-plagiarizing-this-website/) - My website is making its comeback on Google. But I am troubled to find that people have been plagiarizing the site -- in one case, whole paragraphs have been lifted from this site and reproduced on someone else's. - [Will I have a criminal record after being arrested for prostitution in D.C.?](https://koehlerlaw.net/2019/04/criminal-record-prostitution-dc/) - Everyone who's been arrested for a criminal offense in Washington, DC has some type of criminal record. This would include being arrested for prostitution. - [Patience. Not drama.](https://koehlerlaw.net/2019/04/patience-not-drama/) - I called my client’s mother as our only witness. I regretted this almost immediately. We had interviewed her. We had subpoenaed her. And I should have left her sitting in the hall outside the courtroom as I rested my case. - [What happens when a criminal record is expunged or sealed?](https://koehlerlaw.net/2019/03/criminal-record-expunged-sealed-dc/) - The court will typically order all relevant offices and agencies to remove all public records that the person was arrested, charged and/or convicted. - [Can you seal/expunge a felony?](https://koehlerlaw.net/2019/03/seal-expunge-felony-dc/) - First option: file a motion immediately on the grounds of actual innocence, D.C. Code §16-802. Second option: wait two years to file, D.C. Code §16-803. - [How long does it take to seal/expunge a criminal record?](https://koehlerlaw.net/2019/04/how-long-seal-expunge-criminal-record/) - 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 difference between expunging and sealing a criminal record](https://koehlerlaw.net/2019/03/expunging-sealing-criminal-record/) - "Expungement" of a criminal record suggests that it is destroyed. "Sealed" records still exist. They are just hidden from public view. - [On “skyscraper pages” and Google](https://koehlerlaw.net/2019/03/on-skyscraper-pages-and-google/) - Tyler tells me to be patient. A couple of months ago I complained about how my Google rankings have tanked, and Tyler Suchman – my website guy from Tribalcore– has been working with me to try to reverse the trend. - [Can you get in trouble for sending dirty pictures of someone?](https://koehlerlaw.net/2019/03/trouble-sending-dirty-pictures/) - Yes. Most jurisdictions have a law to deal with “nonsensual pornography” (known as “revenge porn”). There are three forms of the criminal offense in DC. - [Love Letter to a Prosecutor](https://koehlerlaw.net/2016/11/love-letter-to-a-prosecutor/) - 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. - [On the true meaning of “tragedy”](https://koehlerlaw.net/2019/03/on-the-true-meaning-of-tragedy/) - A man is charged with soliciting a prostitute. He is a Lyft driver who, on the night in question, drops off a customer in D.C. A female undercover officer approaches the car while he is pulled over. What happens next is contested. - [Leaving After Colliding in D.C. requires proof of mens rea](https://koehlerlaw.net/2019/03/leaving-after-colliding-dc/) - In Crawford v. D.C., the Court of Appeals confirmed that the Leaving After Colliding statute requires the government to prove mens rea. - [Analyzing D.C.'s "Revenge Porn" Statute](https://koehlerlaw.net/2019/02/revenge-porn-dc/) - In enacting the statute to criminalize "revenge porn," DC City Council created 3 "offenses aimed at capturing the three primary forms of non-consensual pornography." - [The difference between "concurrent" and "consecutive" sentences in D.C.](https://koehlerlaw.net/2019/02/concurrent-consecutive-sentences-dc/) - Concurrent sentences are served simultaneously. Consecutive sentences are served in sequence. One sentence doesn't begin until the other has concluded. - [“The man who represents himself has a fool for a client”](https://koehlerlaw.net/2019/02/fool-represents-himself/) - The man standing at the bar of the court is a nicely dressed, middle-aged guy - he's a lawyer. He is seeking the court’s permission to represent himself. - [Is a receipt hearsay?](https://koehlerlaw.net/2019/01/is-a-receipt-hearsay/) - Whether a receipt constitutes hearsay would depend on the purpose for which it is being offered. If it is being used to prove the value of an item, it would be hearsay. - [Are depositions hearsay?](https://koehlerlaw.net/2019/01/are-depositions-hearsay/) - A deposition is a witness’s out-of-court testimony that is reduced to writing (usually by a court reporter) for discovery purposes or later use in court. - [Can hearsay be used to impeach?](https://koehlerlaw.net/2019/01/can-hearsay-be-used-to-impeach/) - Whether an out-of-court statement is hearsay depends on the purpose for which it is offered. If offered to prove the truth of the matter, it is hearsay. - [“Past Recollection Recorded” versus “Refreshing Recollection”](https://koehlerlaw.net/2019/01/past-recollection-recorded-versus-refreshing-recollection/) - “Past recollection recorded” is frequently confused with a party’s “refreshing the recollection” of a witness. The former is an exception to the hearsay rule. The latter isn’t. - [Second-Guessing Your Lawyer](https://koehlerlaw.net/2014/11/second-guessing-your-lawyer/) - The caller tells me he wants my professional opinion. What he really wants is some free legal advice so that he can second guess the lawyer he has already hired. - [Dan Snyder: Change the Name of D.C.'s Football Team](https://koehlerlaw.net/2014/03/dan-snyder-change-the-name-of-d-c-s-football-team/) ## Pages - [Welcome to Koehler Law](https://koehlerlaw.net/) - “Your Rights. Your Lawyer.” That is our motto. We do criminal defense and civil protection orders. We work exclusively in D.C. Superior Court. - [2026 Judicial Assignments for Criminal Division](https://koehlerlaw.net/resources-dc-criminal-defense/criminal-division-judicial-assignments/) - Here is information on the 2024 judicial assignments for the D.C. Superior Court Criminal Division. It includes the name of the judge and the courtroom. - [Contacts for D.C. Superior Court](https://koehlerlaw.net/d-c-superior-court-contacts/) - This page includes addresses and telephone numbers for all of the major organizations that are associated with a criminal case in Washington, D.C. - [Resources for D.C. Criminal Defense](https://koehlerlaw.net/resources-dc-criminal-defense/) - This comprehensive resource page includes contact information, forms, and general information related to D.C. Superior Court and other related organizations. - [Contact Information for D.C. Jail](https://koehlerlaw.net/contact-information-for-d-c-jail/) - Here are the most important addresses, phone numbers, email addresses, and points of contact for the D.C. jail, including the Central Detention Facility. - [Civil Protection Orders in Washington, D.C.](https://koehlerlaw.net/civil-protection-orders-dc/) - A civil protection order (CPO) in Washington, DC is a court order directing a person to stay away/refrain from criminal behavior in a domestic relationship - [Hit-and-Run Lawyer in Washington, D.C.](https://koehlerlaw.net/criminal-defense-dc/leaving-accident-scene/) - It is against the law in Washington, D.C. to leave the scene of an accident without reporting the incident or waiting for police to arrive. Learn more here. - [Resisting/Preventing Arrest in D.C.](https://koehlerlaw.net/criminal-defense-dc/resisting-preventing-arrest-dc/) - It is illegal to resist one’s own arrest in D.C. It is also against the law to prevent the arrest, detention, or attempted detention of another person. - [Simple Assault in Washington, D.C.](https://koehlerlaw.net/criminal-defense-dc/simple-assault/) - “Simple assault” in D.C. is a misdemeanor offense involving either the threat or use of force against another person. Learn everything you need to know here. - [Carrying a Pistol Without a License in D.C.](https://koehlerlaw.net/criminal-defense-dc/carrying-pistol-without-license/) - Carrying a Pistol Without a License (CPWL) is a criminal offense in D.C. involving the possession of an unlicensed firearm outside home or business. - [ATTORNEY](https://koehlerlaw.net/jamison-koehler/) - Jamison Koehler is a criminal defense lawyer in Washington, D.C. - ["Prior Bad Acts"/"Other Crimes Evidence" in D.C.](https://koehlerlaw.net/dc-rules-of-evidence/prior-bad-acts/) - According to the prohibition against so-called "propensity evidence," the government must prove that you committed a crime, not that you are a bad person. - [Destruction of Property in Washington, D.C.](https://koehlerlaw.net/other-offenses/destruction-of-property/) - It is a criminal offense in Washington, D.C. to damage or destroy another person's property. The actions in question must be done with malicious intent. - [Prior Inconsistent Statement in D.C.](https://koehlerlaw.net/dc-rules-of-evidence/prior-inconsistent-statement/) - A statement is not hearsay if the declarant is subject to cross-examination and the statement is inconsistent with the declarant’s prior sworn testimony. - [Then-existing "state of mind" exception to hearsay rule](https://koehlerlaw.net/dc-rules-of-evidence/state-of-mind-hearsay-exception/) - A declaration with respect to a person’s “state of mind” can be admitted either as non-hearsay or under an exception to the prohibition against hearsay. - [Hearsay/Hearsay Exceptions in D.C.](https://koehlerlaw.net/dc-rules-of-evidence/hearsay/) - Hearsay is an out-of-court assertion that is offered to prove the truth of the matter asserted. If it does not satisfy both conditions, it is not hearsay. - [The "Public Record" Hearsay Exception in D.C.](https://koehlerlaw.net/dc-rules-of-evidence/public-records/) - A public record is admissible in D.C. as an exception to the hearsay rule when (1) the facts stated in the document are within the personal knowledge and observation of the recording official and (2) the document is prepared pursuant to a duty imposed by law or implied by the nature of the office. D.M.C.,503 A. 2d 1280, 1283-84 (D.C. 1986). See also D.C. Superior Court Rule of Criminal Procedure 27 (“A party may prove an official record, an entry in such a record, or the lack of a record or entry in the same manner as a civil action”). - ["Prior Recorded Testimony" Hearsay Exception in D.C.](https://koehlerlaw.net/dc-rules-of-evidence/prior-recorded-testimony/) - In Washington D.C., the “prior recorded testimony” exception to the hearsay rule is based on the assumption that such testimony will be more reliable. - ["Present Sense Impression" Hearsay Exception in D.C.](https://koehlerlaw.net/dc-rules-of-evidence/present-sense-impression/) - "Present sense impression” exception allows an out-of-court statement that describes or explains an event made while declarant perceived the event/condition. - [Past Recollection Recorded](https://koehlerlaw.net/dc-rules-of-evidence/past-recollection-recorded/) - A party may introduce a memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection. - ["Excited Utterance" Hearsay Exception in D.C.](https://koehlerlaw.net/dc-rules-of-evidence/excited-utterance/) - Excited utterance exception requires (1) presence of occurrence causing shock, (2) declaration made recently, and (3) circumstances suggest spontaneity. - [The "Dying Declaration" Hearsay Exception in D.C.](https://koehlerlaw.net/dc-rules-of-evidence/dying-declaration/) - The “dying declaration” hearsay exception is based on the assumption that people have no incentive to tell a lie when convinced that they are facing death. - [The "Declaration Against Interest" Hearsay Exception](https://koehlerlaw.net/dc-rules-of-evidence/declaration-against-interest/) - The “declaration against interest” exception to hearsay rule is based on the assumption that people do not make statements that are against their interests - [Regularly Conducted Activity/Business Record Exception in DC](https://koehlerlaw.net/dc-rules-of-evidence/business-record-exception/) - D.C. usiness record exception requires proof (1) record kept in regular course of business, (2) record applicable to business, and (3) record was made recently - [Admissions by a Party Opponent](https://koehlerlaw.net/dc-rules-of-evidence/admissions-of-a-party-opponent/) - DC follows federal rule according to which the words or acts of a party or a party’s representative are not considered hearsay — and therefore admissible. - [Evidentiary privileges in Washington, D.C.](https://koehlerlaw.net/dc-rules-of-evidence/evidentiary-privileges-in-washington-d-c/) - Black’s Law defines “privilege” as a “special legal right, exemption or immunity granted to a person or class of persons; an exception to a duty.” - [Common evidentiary objections in Washington, D.C.](https://koehlerlaw.net/common-evidentiary-objections-in-washington-dc/) - Here is a full list, along with brief explanation, for the most common evidentiary objections that are used in Washington. D.C. and other jurisdictions. - ["Authentication" of evidence in Washington, D.C.](https://koehlerlaw.net/dc-rules-of-evidence/authentication-of-evidence/) - Evidence needs to be "authenticated" before it can be admitted. The proponent of the evidence needs to prove that the evidence is what it is purported to be. - [The "Rule of Completeness" in Washington, D.C.](https://koehlerlaw.net/rule-of-completeness-in-dc/) - The purpose of the “rule of completeness” in D.C. is to assure that the finder of fact is not misled by evidence that is incomplete or taken out of context. - [Judicial notice in Washington, D.C.](https://koehlerlaw.net/dc-rules-of-evidence/judicial-notice/) - Judicial notice in Washington, D.C. is a legal doctrine that allows a court to recognize and accept certain facts as true without requiring formal evidence. - ["Chain of custody" in D.C.](https://koehlerlaw.net/dc-rules-of-evidence/chain-of-custody/) - Tracking evidence from collection through introduction at trial, "chain of custody” is used to prove that the evidence is what its proponent claims it is. - [The “defense of property” in D.C.](https://koehlerlaw.net/defense-of-property-dc/) - You are legally permitted to use reasonable force to protect your property, either real property (i.e., land) or personal property (i.e., your belongings). - [Possession of Open Container of Alcohol (POCA) in D.C.](https://koehlerlaw.net/criminal-defense-dc/possession-open-container-alcohol-poca-dc/) - It is against the law in Washington, D.C. to possess an open container of alcohol (POCA) in public. Public intoxication or drunkenness is also illegal. - [Prior Consistent Statement in D.C.](https://koehlerlaw.net/dc-rules-of-evidence/prior-consistent-statement/) - According to D.C. Code § 14-102(b)(2), a prior, out-of-court statement is not hearsay if it is offered to rebut charge of fabrication or improper motive. - [Impeaching a Witness in Washington, D.C.](https://koehlerlaw.net/impeaching-a-witness-in-washington-d-c/) - There are many ways in DC to impeach the testimony of a witness at trial, including the introduction of a prior inconsistent statement or evidence of bias. - [Impeaching a Witness in Washington, D.C.](https://koehlerlaw.net/dc-rules-of-evidence/impeachment-dc/) - The purpose of impeachment, a primary tool of cross-examination, is to discredit the testimony of a witness in a court case. - [Anti-Stalking Orders in D.C.](https://koehlerlaw.net/anti-stalking-orders-in-d-c/) - Also known as a restraining order, an Anti-Stalking Order (APO) in D.C. is a court order directing a person to refrain from stalking another person. - [Criminal Threats in Washington, D.C.](https://koehlerlaw.net/criminal-defense-dc/threats/) - It is against the law in Washington, D.C. to threaten bodily harm or damage to another person's property. The offense can be a felony or misdemeanor. - [Theft and Shoplifting in Washington, D.C.](https://koehlerlaw.net/criminal-defense-dc/theft-charges/) - Theft in DC is the unauthorized taking of property from another with the intent to permanently deprive that person of it. In other words, theft is stealing. - [Unlawful Entry in D.C.](https://koehlerlaw.net/criminal-defense-dc/unlawful-entry/) - It is against the law in D.C. to enter, to attempt to enter or to remain on property against the will of the lawful occupant/owner. This is unlawful entry. - [Driving under the Influence (DUI): D.C. Lawyer](https://koehlerlaw.net/criminal-defense-dc/dui-dwi/) - Driving under the influence in D.C. is defined as operating or being in physical control of a motor vehicle while under the influence of alcohol or drugs. - [Standardized Field Sobriety Test](https://koehlerlaw.net/criminal-defense-dc/field-sobriety-test/) - Purporting to measure intoxication, the standardized field sobriety test includes the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand. - [Expungement/Sealing of Criminal Records in Washington, D.C.](https://koehlerlaw.net/dc-expungement-sealing-criminal-records/) - Expunging a criminal record in D.C. puts you back in the legal position you occupied before the arrest. Sealing the record hides it from public view. - [Disorderly Conduct in Washington, D.C.](https://koehlerlaw.net/other-offenses/disorderly-conduct-in-washington-d-c/) - "Disorderly conduct" in Washington, D.C. prohibits a broad spectrum of activity that disturbs the peace, offends public morality or undermines public safety - [How to Obtain a Police Report](https://koehlerlaw.net/how-to-obtain-a-copy-of-a-police-report-pd-251-in-washington-dc/) - This page provides instructions for obtaining a copy of an abbreviated police report (PD-251). This includes a short description of allegations against you. - [Assault on a Police Officer](https://koehlerlaw.net/criminal-defense-dc/assault-police-officer/) - To prove an APO in D.C., the government must prove, among other things, that the defendant knew the complainant was an officer when the assault occurred. - [Possession of a Prohibited Weapon in D.C.](https://koehlerlaw.net/criminal-defense-dc/prohibited-weapon/) - D.C. Code § 22-2514 prohibits : (1) weapons that are prohibited per se, such as a switchblade or (2) you can possess an object that is used as a weapon. - [Fleeing law enforcement officer in D.C.](https://koehlerlaw.net/criminal-defense-dc/fleeing-law-enforcement/) - It is against the law in Washington, D.C. for a motorist either to fail to stop after being signaled to do so by a police officer or to drive away. - [Felony strangulation in Washington, D.C.](https://koehlerlaw.net/felony-strangulation-dc/) - It is against the law in Washington, D.C. to restrict the circulation of blood or breathing of another person. This can be through the application of pressure on a person’s throat, neck or chest. It can also be by blocking the nose or mouth of that person. This is the criminal offense of “strangulation” as - [Burglary in Washington, D.C.](https://koehlerlaw.net/burglary/) - As a felony offense, burglary is defined in D.C. as the unauthorized entry into a house or building with the intent to commit a crime at the time of entry. - [Sentencing in a D.C. criminal case](https://koehlerlaw.net/sentencing-in-a-d-c-criminal-case/) - The sentencing of a defendant -- that is, the imposition of penalty after a conviction – is a critical stage of a criminal trial. - [Youth Rehabilitation Act in D.C.](https://koehlerlaw.net/youth-rehabilitation-act-dc/) - The Youth Rehabilitation Act (YRA) in D.C. gives the court greater flexibility when imposing a sentence on a person under 25 at the time of the crime. - ["Accessory after the fact" in D.C.](https://koehlerlaw.net/criminal-defense-dc-accessory-after-the-fact/) - An “accessory after the fact” is someone who knows that a crime has been committed and who helps the offender try to escape arrest or punishment. - [Carjacking/Armed Carjacking in D.C.](https://koehlerlaw.net/criminal-defense-dc/carjacking/) - It is a criminal offense in DC to take a motor vehicle from its driver by force or intimidation. A conviction will result in a mandatory minimum sentence. - [False Personation of a Police Officer in D.C.](https://koehlerlaw.net/criminal-defense-dc/false-personation-of-a-police-officer-in-d-c/) - It is against the law in DC “for any person, not a member of the police force, to falsely represent himself as being such member, with a fraudulent design.” - [Failure to Register as a Sex Offender in D.C.](https://koehlerlaw.net/criminal-defense-dc/sex-offender-registration/) - A person in Washington, D.C. who has been convicted of a sexual offense that qualifies as a “registration offense” must register with appropriate authorities. - [Possession of large capacity ammunition feeding device in D.C.](https://koehlerlaw.net/possession-of-a-large-capacity-ammunition-feeding-device-in-dc/) - Punishable by up to three years in jail and a $1,000 fine, it is illegal in Washington, D.C. to possess a “large capacity ammunition feeding device.” - [Carrying a Dangerous Weapon](https://koehlerlaw.net/criminal-defense-dc/carrying-dangerous-weapon/) - A dangerous weapon is any object likely to produce death or great bodily injury. Some objects may be used at tools or other useful purposes. - [Carrying a Rifle or Shotgun in D.C.](https://koehlerlaw.net/criminal-defense-dc/carrying-rifle-shotgun/) - The offense of carrying a pistol or firearm is punishable as a misdemeanor by a fine of not more than $1,000 and/or imprisonment for up to one year. - [Obstruction of Justice](https://koehlerlaw.net/other-offenses/obstruction-of-justice/) - Obstruction of justice in Washington, D.C. is defined as the interference with the orderly administration of law and justice. - [Stalking in Washington, D.C.](https://koehlerlaw.net/criminal-defense-dc/stalking/) - Stalking in DC is defined as a course of conduct directed at a specific individual that causes that person to fear for safety or to suffer emotional distress. - [Kidnapping in Washington, D.C.](https://koehlerlaw.net/criminal-defense-dc-kidnapping/) - "Kidnapping” in D.C. is defined as the holding or detention of a person for a substantial period of time for the purpose of gaining ransom or other benefit - [Contact information for U.S. Attorney's Office](https://koehlerlaw.net/contacts-for-u-s-attorneys-office/) - Attached are names, telephone numbers and other contact information for key members of the Office of the U.S. Attorney for Washington, D.C. - [Forms for D.C. Superior Court](https://koehlerlaw.net/resources-dc-criminal-defense/d-c-superior-court-forms/) - Here are the most commonly requested forms for D.C. Superior Court. The forms include plea forms, praecipes, transcript order forms, sample DPAs and DSA, etc. - [D.C. Rules of Evidence](https://koehlerlaw.net/dc-rules-of-evidence/) - The D.C. Rules of Evidence govern the admission of evidence-- testimony, documents and tangible objects -- in D.C. Superior Court. - [Deferred Sentencing Agreement (DSA) in D.C.](https://koehlerlaw.net/deferred-sentencing-agreement-dsa-in-washington-d-c-attorney-lawyer-criminal-defense/) - According to this pre-trial diversion program, the defendant performs community service in exchange for the government's agreement to dismiss the charges. - [Deferred Prosecution Agreement (DPA) in D.C.](https://koehlerlaw.net/deferred-prosecution-agreement-dpa-in-washington-d-c-lawyer-attorney/) - A deferred prosecution agreement (DPA) in D.C. allows a first offender an opportunity to perform community service in exchange for a dismissal of the charges. - [Resources for D.C. Superior Court - DEV](https://koehlerlaw.net/dc-superior-court-dev/) - [Assault with Significant Bodily Injury ("Felony Assault") in D.C.](https://koehlerlaw.net/criminal-defense-dc/assault-injury/) - Punishable by up to 3 years in jail, D.C.'s "assault with significant bodily injury" offense fills the gap between aggravated assault and simple assault. - [D.C. Criminal Offenses](https://koehlerlaw.net/criminal-defense-dc/) - Crimes in D.C. are divided into misdemeanors and felonies depending on the maximum penalty of the offense. Learn more about criminal defense for DC offenses. - [Aggravated Assault in Washington, D.C.](https://koehlerlaw.net/criminal-defense-dc/aggravated-assault/) - Aggravated assault is a felony offense in Washington, D.C. that is punishable by up to 10 years in jail and a fine of $10,000. - [Self defense in Washington, D.C.](https://koehlerlaw.net/criminal-defense-dc/self-defense/) - “Self defense” in Washington, D.C.is the use of force to protect oneself from real or threatened physical harm. As such, it can be a complete defense. - [Failure to register as gun offender in D.C.](https://koehlerlaw.net/criminal-defense-dc/failure-to-register-as-gun-offender-in-dc/) - A person who has been convicted of a “gun offense” in Washington, D.C. is required to register as a “gun offender” with the Metropolitan Police Department. - [Maximum Penalties for Criminal Offenses in D.C.](https://koehlerlaw.net/criminal-defense-dc/maximum-penalties/) - Misdemeanors in D.C. have a maximum sentence of one year of incarceration. Felonies are punishable by more than a year. Full information provided here. - [Criminal Charges and Security Clearance](https://koehlerlaw.net/other-offenses/criminal-charges-and-a-security-clearance/) - A criminal arrest or conviction can jeopardize an existing security clearance or prevent a person from obtaining one at all. - [Criminal Appeals in D.C.](https://koehlerlaw.net/criminal-appeals-in-washington-dc/) - A criminal defendant who believes that a mistake has been made with respect to his/her case can appeal the decision before the D.C. Court of Appeals. - [Receiving Stolen Property (RSP) in D.C.](https://koehlerlaw.net/criminal-defense-dc/receiving-stolen-property-rsp-in-d-c/) - It is against the law in Washington, D.C. to buy, receive, possess, or obtain control of property that you either know or should know is stolen. - [Stolen Property Offenses in D.C.](https://koehlerlaw.net/criminal-defense-dc/stolen-property/) - Offenses dealing with stolen property in Washington, DC include trafficking in stolen property, receiving stolen property, and unlawful use of a motor vehicle. - [Cruelty to Animals in D.C.](https://koehlerlaw.net/criminal-defense-dc/assault-cruelty-animals/) - It is a criminal offense in Washington, D.C. to overwork, torture, beat, "cruelly chain" or otherwise neglect or abuse an animal. - [Immigration and Crime](https://koehlerlaw.net/other-offenses/immigration-and-crime/) - For people who are not U.S. citizens, a criminal conviction can have immigration consequences that are far more serious than the criminal penalty itself. - [The "Marital/Spousal Privilege" in Washington, D.C.](https://koehlerlaw.net/dc-rules-of-evidence/marital-spousal-privilege-in-washington-dc/) - There are two forms of the “marital privilege” in D.C.: the “marital-communications privilege” and the “privilege against adverse spousal testimony.” - [Extortion and blackmail in D.C.](https://koehlerlaw.net/assault-theft/extortionblackmail/) - It is a criminal offense in Washington, D.C. to obtain something of value or to compel action through threats or coercion. As described in greater detail below, the two related offenses are extortion and blackmail. Extortion is similar to robbery in that it combines two other criminal offenses: theft and assault. Like theft, extortion - [Assault With a Dangerous Weapon in D.C.](https://koehlerlaw.net/criminal-defense-dc/assault-weapon/) - It is a criminal offense in Washington, D.C., punishable by up to 10 years in jail, to assault another person using a dangerous weapon. - [Lewd, indecent or obscene acts in D.C.](https://koehlerlaw.net/other-offenses/indecent-exposure/) - The penalty for engaging in "lewd, indecent, or obscene acts" in Washington, D.C. is up to 90 days in jail and a maximum fine of $500. - [Ignition Interlock Devices in D.C.](https://koehlerlaw.net/criminal-defense-dc/ignition-interlock-devices/) - People convicted of an alcohol-related offense in D.C. can maintain their driving privileges if they install an ignition interlock device (IID) on their car. - [Non-Consensual Pornography in D.C.](https://koehlerlaw.net/criminal-defense-dc/non-consensual-pornography/) - Referred to as “revenge porn,” the posting/publication/disclosure/distribution of sexual images against a person's will is a criminal offense in DC. - [Sexual Abuse in Washington, D.C.](https://koehlerlaw.net/criminal-defense-dc/sexual-abuse/) - The seriousness of the offense of sexual assault/abuse in Washington, DC depends on (1) the nature of the offense and (2) the identity of the alleged victim. - [Failure to Conceal Pistol/Handgun in D.C.](https://koehlerlaw.net/failure-to-conceal-pistol-handgun-in-d-c/) - It is illegal in Washington, D.C. for a person to carry a licensed pistol or handgun “openly or otherwise in a manner that is not concealed.” - [Misdemeanor sexual abuse in D.C.  ](https://koehlerlaw.net/criminal-defense-dc/misdemeanor-sexual-abuse-in-d-c/) - It is a criminal offense in Washington, D.C. to engage in a sexual act or to make sexual contact with another person without that person’s permission. - [Firearms, Guns, and Weapons in D.C.](https://koehlerlaw.net/criminal-defense-dc/weapons/) - Koehler Law represents people accused of firearm, gun and weapon charges in Washington, D.C. Learn all you need to know about these charges here. - [Prostitution/Sexual Solicitation in D.C.](https://koehlerlaw.net/criminal-defense-dc/prostitution/) - It is illegal in D.C. to solicit/perform sexual acts in exchange for money. The maximum penalty for first offense is a fine up to $500 and 90 days in jail. - [CONTACT](https://koehlerlaw.net/contact/) - If you have been charged with a criminal offense in D.C., please contact Jamison Koehler at 202-549-2374. You can also email him at jkoehler@koehlerlaw.net. - [Public Intoxication](https://koehlerlaw.net/other-offenses/public-intoxication/) - According to § 18.2-388 of the Virginia Code, it is illegal to curse or swear “profanely” or to be intoxicated in public whether through drugs or alcohol. - [Arson and Related Offenses](https://koehlerlaw.net/other-offenses/arson-and-related-offenses/) - Arson in Washington, DC requires proof that the person intentionally burned or attempted to burn a building belonging to another with malicious intent. - [Diversion Programs for First-Time Offenders](https://koehlerlaw.net/deferred-prosecution-agreements-dpas-deferred-sentencing-agreements-dsas-and-other-diversions-programs-for-first-time-offenders-in-washington-dc/) - First-time offenders in D.C. are often offered a deferred prosecution agreement (DPA), a deferred sentencing agreement (DSA) or other type of diversion program. - [Marijuana Possession](https://koehlerlaw.net/criminal-defense-dc/marijuana-possession/) - It is not illegal to possess a small amount of marijuana in Wash. D.C. You can still be arrested for selling, possessing over 2oz, or consuming in public. - [Fake ID/Misrepresentation of Age in Washington, DC](https://koehlerlaw.net/fake-id-misrepresentation-of-age-dc/) - It is against the law in Washington, D.C. to use a fake ID or to misrepresent your age in order to obtain alcohol. Learn everything you need to know here. - [Fraud in Washington, D.C.](https://koehlerlaw.net/criminal-defense-dc/theft-fraud/) - Fraud is defined as either a knowing misrepresentation of the truth or a concealment of the truth that causes another person to act to his/her detriment. - [Unlawful Possession of Firearm (aka Felon in Possession of Firearm)](https://koehlerlaw.net/criminal-defense-dc/felon-firearm-possession/) - It is a felony offense, punishable by 10 years in jail, for certain people to possess a firearm. This includes people who have been convicted of a felony. - [Operating After Suspension/Revocation in D.C.](https://koehlerlaw.net/criminal-defense-dc/license-suspension-revocation/) - It is a criminal offense, punishable by up to a year in jail and $2,500 fine, to operate a motor vehicle in Washington, D.C. on a suspended or revoked license. - [Cruelty to Children in D.C.](https://koehlerlaw.net/criminal-defense-dc/assault-cruelty-children/) - It is against the law in Washington, D.C. to mistreat a child under 18 years of age or to engage in conduct which creates a grave risk of bodily injury. - [Contempt of Court in D.C.](https://koehlerlaw.net/other-offenses/contempt-of-court/) - Violation of a court order/conditions of release or contempt in the presence of the court can all lead to criminal charges for contempt of court in D.C. - [Escape](https://koehlerlaw.net/other-offenses/escape/) - Elements of Offense There are two elements to the criminal offense of Escape in Washington, D.C. First, the prosecution must prove that the defendant was: (a) confined to a penal institution/facility or (b) in the lawful custody of a law enforcement officer. Second, the prosecution must prove that the defendant escaped or attempted to escape - [Shoplifting in D.C.](https://koehlerlaw.net/criminal-defense-dc/shoplifting/) - While the criminal offense of shoplifting is formally on the books, most shoplifting/retail theft offenses are charged as Theft II. "Theft II" means theft as a second degree misdemeanor punishable by a maximum fine of $1,000 and imprisonment for no more than 180 days. - [Presidential Pardons](https://koehlerlaw.net/other-offenses/presidential-pardons/) - [Please note that Koehler Law does not work on pardons.] A “pardon” is the act of officially nullifying punishment or other legal consequences of a crime. A pardon is usually granted by the chief executive of a government. This means that a presidential pardon would be required for a federal crime. A state governor would - [Tampering with Physical Evidence](https://koehlerlaw.net/criminal-defense-dc/tampering-with-physical-evidence/) - It is against the law in Washington, D.C. to tamper with physical evidence in connection with an investigation, punishable by up to 3 years in jail and a $12,500 fine. - [Violation of Bail Reform Act](https://koehlerlaw.net/violation-of-bail-reform-act/) - It is against the law in Washington, D.C. to willfully fail to appear before a court or judicial officer after having been released with notice to return. - [Violating a Civil Protection Order (CPO) in D.C.](https://koehlerlaw.net/criminal-defense-dc/violating-cpo/) - Everything you need to know if charged with violating a civil protection order in D.C.: What is a CPO? What must the government prove? Will I go to jail? - [Privacy Policy](https://koehlerlaw.net/privacy-policy/) - PRIVACY NOTICELast updated May 17, 2020Thank you for choosing to be part of our community at Koehler Law (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our notice, or our practices with regards to your personal information, - [Diversion for Traffic Offenses](https://koehlerlaw.net/dui-dwi/diversion-duitraffic-offenses/) - “Diversion” is generally defined as a program which enables first-time offenders facing misdemeanor criminal charges or traffic offenses to perform community service or undergo job training or substance abuse treatment in exchange for the postponement of prosecution. If the defendant successfully completes all requirements under the agreed upon diversion program, the prosecution will dismiss the case. If the defendant fails to complete the requirements, the case is referred back to criminal court for prosecution. - [OTHER OFFENSES](https://koehlerlaw.net/other-offenses/) - This page includes information on arson and related offenses, unlawful entry and trespass, escape, contraband, prostitution, disorderly conduct, obstruction of justice, and contempt of court. - [Domestic Violence/Simple Assault in D.C.](https://koehlerlaw.net/criminal-defense-dc/domestic-violence/) - Answers to frequently asked questions: What is domestic violence assault? What happens at my first court appearance? What is a CPO? Do I need a lawyer? - [Drug Possession](https://koehlerlaw.net/criminal-defense-dc/drug-possession/) - The crime of drug possession requires knowing or intentional possession of illegal substances. The charge is subject to the affirmative defense that the substance in question was possessed pursuant to a valid prescription. - [Statute of Limitations](https://koehlerlaw.net/other-offenses/d-c-statute-of-limitations-for-criminal-cases/) - The statute of limitations for felonies in D.C. is generally 6 years. Most misdemeanors need to be brought within three years after being committed. There are separate limitations periods for sexual assault offenses, with a 15-year period for first-degree sexual abuse charges and a 10-year period for other degrees of sexual assaults. - [Statement of Prior Identification](https://koehlerlaw.net/dc-rules-of-evidence/statement-of-prior-identification/) - According to D.C. Code § 14-102(b)(3), a statement is not hearsay “if the declarant testifies at trial and is subject to cross-examination concerning the statement and the statement is . . . an identification of a person made after perceiving the person.” The exception also permits introduction of prior descriptions. Morris v. United States, 389 A.2d 1346 (D.C. 1978). - [Virginia Criminal Offenses](https://koehlerlaw.net/criminal-defense-virginia/) - The Virginia Code defines what constitutes a criminal offense in the Commonwealth of Virginia. Generally, a criminal offense will require both an act (or an omission to act) and a mental state – or mens rea. In other words, it is not enough that the government needs to prove beyond a reasonable doubt that the - [Maryland Criminal Offenses](https://koehlerlaw.net/criminal-defense-maryland/) - The Bill of Rights to the U.S. Constitution provides citizens with certain fundamental safeguards against intrusive governmental conduct. Particularly relevant to situations involving a criminal suspect or defendant are the Fourth, Fifth, Sixth and, to a lesser extent, the Fourteenth Amendments. The Amendments provide a minimal level of protection. States such as Maryland are allowed - [About Jamison Koehler](/jamison-koehler/) - "Your Rights. Your Lawyer." That is our motto at Koehler Law. We focus exclusively on criminal defense in D.C. We will serve as your advocate during every step of the process. - [Reckless Driving in D.C.](https://koehlerlaw.net/criminal-defense-dc/reckless-driving/) - Reckless driving in D.C. is treated not as a traffic infraction, but as a criminal offense, subject to a fine and/or jail-time. DC DMV will assess 6 points and revoke operating privileges. The conviction will also appear on the person's criminal record. - [Traffic/Criminal Offenses in D.C.](https://koehlerlaw.net/criminal-defense-dc/traffic-offenses/) - A number of traffic violations in DC are treated as criminal offenses. This means that, in addition to points that may be assessed by the Department of Motor Vehicles against the license, a finding of guilt could result in fines and/or jail-time and a criminal conviction on the record. - [Identity Theft](https://koehlerlaw.net/criminal-defense-dc/identity-theft/) - Identity theft in the context of criminal law is the use of someone’s else identity for illegal purposes, usually as a method to gain access to resources, credit, or other benefits in that person’s name. - [Insurance Fraud](https://koehlerlaw.net/criminal-defense-dc/insurance-fraud/) - A person commits insurance fraud if he/she, with intent to defraud, presents false information or knowingly conceals information in applying for, renewing or submitting a claim under an insurance policy. - [Credit Card Fraud](https://koehlerlaw.net/criminal-defense-dc/credit-card-fraud/) - There are three elements to the criminal offense of credit card fraud in DC. The first element is that the person has the “intent to defraud.” Since the judge or jury will not be able to read the defendant’s mind, prosecutor will seek to make this out through circumstantial evidence. - [Bad Checks](https://koehlerlaw.net/criminal-defense-dc/bad-checks/) - It is illegal in D.C. to issue a check or other instrument for the payment of money from a financial institution when the person knows at the time he/she issues the check either that there are insufficient funds to cover the check or that he or she will be stopping payment. - [Unlawful Discharge of a Firearm](https://koehlerlaw.net/criminal-defense-dc/discharge-firearm/) - In order to secure a conviction for Unlawful Discharge of a Firearm in DC, government must prove that defendant discharged a firearm without a permit issued by DC Chief of Police, defendant did so voluntarily and on purpose and the defendant was not acting in self-defense. - [Possession of an Unregistered Firearm](https://koehlerlaw.net/criminal-defense-dc/unregistered-firearm/) - In order to secure a conviction of possessing an unregistered firearm, government must prove beyond reasonable doubt that defendant possessed a firearm, defendant did so voluntarily and on purpose and the firearm had not been registered to defendant as required by D.C. law. - [Walk-and-Turn](https://koehlerlaw.net/criminal-defense-dc/walk-and-turn/) - The Walk-and-Turn and One-Leg-Stand tests are “divided attention” tests that are easily performed by most people who are sober. The tests are physical dexterity exercises that require a suspect to listen and follow instructions while performing simple movements. - [One-Leg Stand](https://koehlerlaw.net/criminal-defense-dc/one-leg-stand/) - According to NHTSA research, the One-Leg Stand test is accurate 83 percent of the time in predicting a blood alcohol level of 0.08% or greater for subjects who exhibit two or more clues. - [Horizontal Gaze Nystagmus](https://koehlerlaw.net/criminal-defense-dc/horizontal-gaze-nystagmus/) - Nystagmus can be exaggerated and occur at lesser angles when a person is under the influence of alcohol. An alcohol-impaired person will also have difficulty smoothly tracking a moving object; that is, the jerking may occur while the eyes are being rotated to the side. - [Breath/Blood/Urine Chemical Test Refusals](https://koehlerlaw.net/criminal-defense-dc/chemical-test-refusal/) - The driver cannot refuse to take a chemical test if involved in an accident AND the police officer has reasonable grounds to believe the driver was under the influence while operating the vehicle. In fact, in this instance, the officer can even administer the test forcibly. - [Drug Distribution](https://koehlerlaw.net/criminal-defense-dc/drug-distribution/) - According to the D.C. Controlled Substances Act, it is illegal for a person in D.C. to (1) "knowingly" or "intentionally" (2) manufacture, distribute or possess with intent to distribute (3) a controlled substance. We provide criminal defense for drug distribution charges. - [Assault](https://koehlerlaw.net/criminal-defense-dc/assault/) - “Assault” is defined generally as the threat or use of force on another person that causes that person to have reasonable apprehension of imminent harmful or offensive contact. There are three forms of criminal assault in D.C. - [Second Degree Assault in Maryland](https://koehlerlaw.net/second-degree-assault-maryland-criminal-defense-lawyer-attorney/) - There are three different forms of second degree assault in Maryland: intent to frighten assault, attempted battery assault, and battery. - [Robbery](https://koehlerlaw.net/assault-theft/robbery/) - Robbery is a felony charge involving force or the threat of force to take something from another person. As such, it combines elements of both assault and theft. - [How to Obtain a Copy of Your Criminal Record](https://koehlerlaw.net/how-to-obtain-a-copy-of-your-criminal-record-in-d-c/) - In filing a petition to seal your publicly available record for arrests or convictions in D.C., it is usually a good idea to include a recent copy of your “criminal history.” In addition, a copy of this criminal history is often required in connection with background checks for employment, licensing, adoption, apartment rentals, and overseas travel. - [Malicious Wounding in Virginia](https://koehlerlaw.net/assault-theft/malicious-wounding-in-virginia/) - Aggravated Malicious Wounding In order to secure a conviction for aggravated malicious wounding in Virginia, the government must prove that: (1) the defendant shot, stabbed, cut, wounded, or caused bodily injury to another person, (2) the defendant intended to maim, disfigure, disable or kill the other person at the time he committed the act, (3) - [Malicious Destruction of Property](https://koehlerlaw.net/malicious-destruction-of-property-maryland-criminal-defense-attorney-lawyer/) - In order to secure a conviction for malicious destruction of property in Maryland, the government must prove beyond a reasonable doubt (1) that the defendant damaged, destroyed, or defaced someone else’s property, (2) that the defendant acted with the intent to damage, destroy or deface that property; and (3) that the defendant acted without legal justification. - [Bad Checks](https://koehlerlaw.net/bad-checks-maryland-criminal-defense-attorney-lawyer/) - It is illegal in Maryland to issue a check when you know that there are insufficient funds to cover the check or when you intend at the time you issue the check to stop payment. The criminal offense does not cover situations in which payment on a check is refused as part of a contractual dispute. This would be a civil matter. - [Criminal and DWI Defense in the District of Columbia](https://koehlerlaw.net/criminal-and-dui-defense-your-rights-your-lawyer/) - Jamison Koehler is a criminal and DUI/DWI defense lawyer representing clients in Washington, D.C. - [Reckless Endangerment in Maryland](https://koehlerlaw.net/reckless-endangerment-maryland-criminal-defense-lawyer-attorney/) - The purpose of the reckless endangerment statute is to deter the commission of potentially harmful conduct before an injury or death occurs. To act recklessly is to disregard a substantial risk. The test is whether the accused’s misconduct, viewed objectively, was so reckless as to constitute a gross departure from the standard of conduct that a law-abiding person would observe, and thereby created the substantial risk that the statute was designed to punish. - [Assault in Maryland](https://koehlerlaw.net/dui-dwi/assault-maryland-criminal-defense-lawyer-attorney/) - There are two basic forms of assault in Maryland: (1) first degree assault, which is punishable by up to 20 years in prison, and (2) second degree assault, which carries a penalty of up to 10 years in prison and/or a maximum fine of $2,500. - [First Degree Assault in Maryland](https://koehlerlaw.net/first-degree-assault-maryland-criminal-defense-lawyer-attorney/) - In order to secure a conviction for first degree assault in Maryland, the government must prove all of the elements of second degree assault as described in greater detail here. In additional, the government must prove that: (1) the defendant used a firearm to commit the assault, or that (2) the defendant intended to cause serious physical injury in the commission of the assault. - [VIRGINIA CRIMINAL OFFENSES](https://koehlerlaw.net/assault-theft/) - Assault is a crime against the person. Theft is a crime against property. The two categories intersect in the crimes of robbery, burglary, extortion, and blackmail. - [MARYLAND](https://koehlerlaw.net/dui-dwi/) - There are three forms of drunk driving in Washington, D.C.: DUI, DWI, OWI - [Forgery](https://koehlerlaw.net/assault-theft/forgery/) - Forgery is committed in Washington, D.C. when a person (1) makes, draws, or utters (2) a forged written instrument (3) with intent to defraud or injure another. - [Expungement of Criminal Records in Virginia](https://koehlerlaw.net/other-offenses/expungement-of-criminal-records-in-virginia/) - Although Virginia’s rules for expunging criminal records are more stringent than in many other jurisdictions, the Commonwealth does allow for the expungement of criminal arrest records under carefully prescribed circumstances. Criminal convictions can only be expunged if the defendant has been granted an “absolute pardon.” - [Reckless Driving in Virginia](https://koehlerlaw.net/dui-dwi/reckless-driving-in-virginia/) - Like “hit-and-run,” driving while intoxicated, and driving on a suspended license, reckless driving in Virginia is treated not as a traffic infraction but as a criminal offense. As a result, being found guilty of this offense results in a conviction on the person’s criminal record. Elements of the Offense Reckless driving is the driving of - [DWI and DUI in Virginia](https://koehlerlaw.net/dui-dwi/dwidui-in-virginia/) - Elements of the Offense There are two different ways for the prosecution to secure a conviction for driving while intoxicated (DWI) in Virginia. In both cases, the prosecution must also prove that the defendant was driving or operating a motor vehicle. The first way is to prove that the defendant had a blood alcohol concentration - [Contraband](https://koehlerlaw.net/other-offenses/contraband/) - It is a criminal offense in Washington, D.C. for an unauthorized person to (1) introduce or attempt to introduce (2) into or upon the grounds of any D.C. penal institution (3) any narcotic drug, weapon, or other contraband article or thing, or any contraband letter or message (4) which is intended to be received by - [Perjury/False Statements](https://koehlerlaw.net/other-offenses/perjury/) - Perjury is generally defined as the deliberate making of a false or misleading statement while under oath. While we normally think of perjury as occurring during court testimony, the offense can also occur in writing. It is, for example, illegal to lie on a marriage certificate or tax return. - [Drunk in Public: Prince William County, VA](https://koehlerlaw.net/other-offenses/public-intoxication/drunk-in-public-prince-william-county-va/) - Public intoxication in Prince William County, Virginia, is covered by both state and local law. According to § 18.2-388 of the Virginia Code, it is illegal in Virginia to curse or swear “profanely” or to be intoxicated in public whether through drugs or alcohol. In any area in which there is a court-approved detoxification center, a police officer may transport the suspect to the center in lieu of arrest, although nobody can be held at the center involuntarily. “In public” is defined as a place that is “in open view, visible to the community, and could include a defendant’s private property. The maximum penalty for a violation of this offense is a $250 fine. - [Drunk in Public: Fairfax, VA](https://koehlerlaw.net/other-offenses/public-intoxication/drunk-in-public-fairfax-va/) - Public intoxication in Fairfax County, Virginia, is covered by both state and local law. According to § 18.2-388 of the Virginia Code, it is illegal in Virginia to curse or swear “profanely” or to be intoxicated in public whether through drugs or alcohol. In any area in which there is a court-approved detoxification center, a police officer may transport the suspect to the center in lieu of arrest, although nobody can be held at the center involuntarily. “In public” is defined as a place that is “in open view, visible to the community, and could include a defendant’s private property. The penalty for being found guilty of this offense is a fine of not more than $250. - [Drunk in Public: Alexandria, VA](https://koehlerlaw.net/other-offenses/public-intoxication/drunk-in-public-alexandria-virginia/) - Public intoxication in Alexandria, Virginia, is covered by both state and local law. According to § 18.2-388 of the Virginia Code, it is illegal in Virginia to curse or swear “profanely” or to be intoxicated in public whether through drugs or alcohol. In any area in which there is a court-approved detoxification center, a police officer may transport the suspect to the center in lieu of arrest, although nobody can be held at the center involuntarily. “In public” is defined as a place that is “in open view, visible to the community, and could include a defendant’s private property. The penalty for being found guilty of this offense is a fine of not more than $250. - [Drunk in Public: Arlington, VA](https://koehlerlaw.net/other-offenses/public-intoxication/drunk-in-public-arlington-va/) - Public intoxication in Arlington County, Virginia, is covered by both state and local law. According to § 18.2-388 of the Virginia Code, it is illegal in Virginia to curse or swear “profanely” or to be intoxicated in public whether through drugs or alcohol. In any area in which there is a court-approved detoxification center, a police officer may transport the suspect to the center in lieu of arrest, although nobody can be held at the center involuntarily. “In public” is defined as a place that is “in open view, visible to the community, and could include a defendant’s private property. The penalty for being found guilty of this offense is a fine of not more than $250. - [Homicide/Murder/Manslaughter](https://koehlerlaw.net/assault-theft/homicidemurdermanslaughter/) - A homicide is a killing by one person of another. “Justifiable” or “excusable” homicides would include those authorized by law or for which there was a defense to criminal liability (for example, self-defense). “Criminal” homicide would cover every other situation. Criminal homicides were traditionally sub-divided into three different offenses: murder, voluntary manslaughter, and involuntary manslaughter. Murder - [Extradition](https://koehlerlaw.net/other-offenses/extradition/) - If a person is wanted for criminal prosecution in one state (the “demanding” state) and physically located in another (the “asylum” state), extradition is the legal and physical transfer of that person from the asylum state to the demanding state. The so-called “fugitive of justice” has separate and distinct legal rights in both the demanding - [Theft/Fraud in Virginia](https://koehlerlaw.net/assault-theft/theft-in-virginia/) - While most jurisdictions have consolidated theft offenses into a single statute, Virginia maintains the common law distinctions between grand and petit larceny, embezzlement, and larceny by false pretenses. Also included among theft crimes in Virginia are receiving stolen goods; unauthorized use of an animal, aircraft, vehicle or boat; bad checks; credit card theft; theft of - [Identity Theft](https://koehlerlaw.net/assault-theft/theft-in-virginia/identity-theft/) - This website page describes the four elements of identity theft the government will need to prove in order to secure a conviction in Virginia. The page also describes the possible penalties should a person be convicted of the offense. - [Assault and Battery in Virginia](https://koehlerlaw.net/assault-theft/assault-and-battery-in-virginia/) - Assault and battery is the unlawful touching of another. As such, the criminal offense of assault and battery in Virginia has two elements. First, the prosecution must prove that the defendant willfully touched another person without excuse or justification. Second, the prosecution must prove that the touching was done in an angry, rude, insulting, or - [Credit Card Offenses](https://koehlerlaw.net/assault-theft/theft-in-virginia/credit-card-offenses/) - There are three criminal offenses in Virginia that involve credit cards: credit card theft, credit card forgery, and credit card fraud. - [Issuing a Bad Check](https://koehlerlaw.net/assault-theft/theft-in-virginia/issuing-a-bad-check/) - This page describes the 4 elements of the criminal offense of issuing a bad check in Virginia. It also lays out the potential penalties arising from a conviction, both as a felony and as a misdemeanor offense. - [Grand/Petit Larceny](https://koehlerlaw.net/assault-theft/theft-in-virginia/grandpetit-larceny-in-virginia/) - Elements of the Offense In order for a defendant to be found guilty of grand larceny in Virginia, the government must prove beyond a reasonable doubt that (1) the defendant took personal property of another person and carried it away, (2) that the taking was against the will and without the consent of the owner, - [Larceny By False Pretenses](https://koehlerlaw.net/assault-theft/theft-in-virginia/larceny-by-false-pretenses-in-virginia/) - Elements of the Offense There are four elements to the criminal offense of Larceny By False Pretenses in Virginia. The government must first prove that the defendant made a false representation as to a past event or existing fact. Second, the government must prove that, when the false representation was made, the defendant had an - [Embezzlement](https://koehlerlaw.net/assault-theft/theft-in-virginia/embezzlement-in-virginia/) - Elements of the Offense To secure a conviction for the felony offense of embezzlement in Virginia, the government must prove that: (1) the defendant wrongfully and fraudulently converted, used, concealed or disposed of the property of another with the intent to permanently deprive the rightful owner of the use thereof, (2) the property had been - [Larceny By Receiving Stolen Goods](https://koehlerlaw.net/assault-theft/theft-in-virginia/larceny-by-receiving-stolen-goods-in-virginia/) - Elements of the Offense To secure a conviction for Larceny By Receiving Stolen Goods in Virginia, the Commonwealth must prove that: (1) the goods were previously stolen from another person, (2) the defendant bought or received the goods with dishonest intent, (3) the defendant knew they had been stolen at the time he received them, ## Resources - [Strangulation](https://koehlerlaw.net/felony-strangulation-dc/) - [Voluntary Intoxication](https://koehlerlaw.net/2025/06/the-voluntary-intoxication-defense-in-dc/) - [Waiver of Preliminary Hearing](/wp-content/uploads/2025/06/Waiver_of_Preliminary_Hearing.pdf#new_tab) - Waiver of Preliminary Hearing - [Waiver of Misdemeanor Detention Hearing](/wp-content/uploads/2025/06/Waiver-of-Misdemeanor-Detention-Hearing.pdf#new_tab) - [DMV Appearance of Counsel and Consent by Client](/wp-content/uploads/2025/06/DMV-Appearance-by-Counsel.pdf#new_tab) - [Praecipe – Retained](/wp-content/uploads/2025/06/Praecipe_Retained-1.pdf#new_tab) - [Waiver of Trial by Jury](/wp-content/uploads/2025/06/Waiver_of_Trial_by_Jury.pdf#new_tab) - [Praecipe – CJA](/wp-content/uploads/2025/06/CJA_Praecipe-1.pdf#new_tab) - [Subpoena for Criminal Division](/wp-content/uploads/2025/06/Subpoena_for_Criminal_Division-1.pdf#new_tab) - [Plea Agreement and Waiver of Trial Form](/wp-content/uploads/2025/06/Plea_Agreement_and_Waiver_of_Trial.pdf#new_tab) - [Plea Agreement Addendum Form](/wp-content/uploads/2025/06/Addendum_to_Plea_Agreement.pdf#new_tab) - [Notice of Appeal for Criminal Case](/wp-content/uploads/2025/06/Notice_of_Appeal_for_Criminal_Case.pdf#new_tab) - Notice of appeal for D.C. Superior Court criminal case - [Request for Appeal Transcript](/wp-content/uploads/2025/06/Request_for_Appeal_Transcript.pdf) - [Request for MPD Accident Report](/wp-content/uploads/2025/06/Request_for_MPD_Accident_Report.pdf) - [Waiver of Right to Be Present for Hearing](/wp-content/uploads/2025/06/Waiver_of_Right_to_be_Present.pdf#new_tab) - [Request for legal visit form](/wp-content/uploads/2025/06/Request_for_Legal_Visit_Form.pdf#new_tab) - Here is a copy of the form used to request a legal visit at either the Central Detention Facility (CDF) or Correctional Treatment Facility (CTF). - [Transcript Request Form](/wp-content/uploads/2025/06/Transcript_Request_Form.pdf#new_tab) - [Medical or Mental Health Alert](/wp-content/uploads/2025/06/Medical_or_Mental_Health_Alert.pdf#new_tab) - [DOC Medical Records Release Form](/wp-content/uploads/2025/06/DOC_Medical_Records_Release.pdf) - Here is a PDF copy of the medical records release form that must be signed by the inmate in order for all jail medical records to be released. - [Deferred Sentencing Agreement](/wp-content/uploads/2025/06/Deferred_Sentencing_Agreement.pdf#new_tab) - [Deferred Prosecution Agreement](/wp-content/uploads/2025/06/Deferred_Prosecution_Agreement.pdf#new_tab) - [Consent to Magistrate Judge](/wp-content/uploads/2025/06/Consent_to_Magistrate_Judge.pdf#new_tab) - [Courtroom telephone numbers](https://koehlerlaw.net/wp-content/uploads/2025/05/Courtroom-telephone-numbers.pdf#new_tab) - [Objections](https://koehlerlaw.net/common-evidentiary-objections-in-washington-dc/) - This page provides a list of the most common evidentiary objections used in D.C. and other jurisdictions. It includes a brief description of rationale. - [Authentication of Evidence](https://koehlerlaw.net/dc-rules-of-evidence/authentication-of-evidence/) - To be admitted into evidence, the proponent must "authenticate" the evidence; that is, it needs to prove that the evidence is what it purports to be. - [Judicial Notice](https://koehlerlaw.net/dc-rules-of-evidence/judicial-notice/) - Judicial notice in Washington, D.C. is a legal doctrine that allows a court to recognize and accept certain facts as true without requiring formal evidence. - [Carjacking/Armed Carjacking](https://koehlerlaw.net/criminal-defense-dc/carjacking/) - [False Personation of a Police Officer](https://koehlerlaw.net/criminal-defense-dc/false-personation-of-a-police-officer-in-d-c/) - [Possession of large capacity ammunition feeding device](https://koehlerlaw.net/possession-of-a-large-capacity-ammunition-feeding-device-in-dc/) - [Kidnapping](https://koehlerlaw.net/criminal-defense-dc-kidnapping/) - Kidnapping is defined in Washington, D.C. as the holding or detention of a person for a substantial period of time in exchange for ransom or other benefit. - [Directory of law clerks](https://koehlerlaw.net/wp-content/uploads/2024/04/Law-Clerk-Directory-2024-April-2024.pdf) - Here is a list of all the law clerks, by chambers, for D.C. Superior Court - [Contact information for U.S. Attorney's Office](https://koehlerlaw.net/contacts-for-u-s-attorneys-office/) - [Certification of Identity for No Paper Form](https://koehlerlaw.net/wp-content/uploads/2024/04/Certification-of-Identity-for-No-Paper-Form.pdf) - [Contact information for D.C. Jail](https://koehlerlaw.net/contact-information-for-d-c-jail/) - [Organization Chart for Department of Corrections](https://doc.dc.gov/sites/default/files/dc/sites/doc/page_content/attachments/DOC Organization Chart_0.pdf#new_tab) - Here is the organization chart for the Department of Corrections - [List of MPD "Hit-and-Run" Investigators](https://koehlerlaw.net/wp-content/uploads/2024/03/Hit-and-Run-Investigators-MPD.pdf) - Here are the names, addresses, telephone numbers and email addresses for the "hit-and-run" coordinator assigned to each of the seven MPD district stations. - [Login for webex and remote hearings](https://koehlerlaw.net/2022/03/d-c-superior-court-webex-login/) - [Organization Chart for OAG](https://oag.dc.gov/sites/default/files/2024-01/December-2023-Org-Chart-.pdf#new_tab) - [How to obtain your police report](https://koehlerlaw.net/how-to-obtain-a-copy-of-a-police-report-pd-251-in-washington-dc/) - [MPD Telephone Numbers and Addresses](https://koehlerlaw.net/wp-content/uploads/2024/03/MPD-Districts.pdf) - [Contacts for D.C. Superior Court](https://koehlerlaw.net/d-c-superior-court-contacts/) - This pages includes addresses, telephone number and email addresses for all of the major entities in Washington, D.C. that are involved with criminal matters. - [Forms for D.C. Superior Court](https://koehlerlaw.net/resources-dc-criminal-defense/d-c-superior-court-forms/) - This page includes all sorts of forms that are commonly used in D.C. Superior Court, including plea forms and praecipes, sample DPAs and DSAs, waivers, etc. - [Defense of Real/Personal Property](https://koehlerlaw.net/defense-of-property-dc/) - [Rule of Completeness](https://koehlerlaw.net/rule-of-completeness-in-dc/) - [Privileges](https://koehlerlaw.net/dc-rules-of-evidence/evidentiary-privileges-in-washington-d-c/) - [Prior Bad Acts/Other Crimes Evidence](https://koehlerlaw.net/dc-rules-of-evidence/prior-bad-acts/) - [Hearsay](https://koehlerlaw.net/dc-rules-of-evidence/hearsay/) - [Cross Examination and Impeachment](https://koehlerlaw.net/impeaching-a-witness-in-washington-d-c/) - [Character Evidence](https://koehlerlaw.net/2012/05/the-abcs-of-character-evidence-in-a-d-c-criminal-case/) - [Chain of Custody](https://koehlerlaw.net/dc-rules-of-evidence/chain-of-custody/) - [Alibi Evidence](https://koehlerlaw.net/2023/05/the-alibi-defense-in-d-c/) - [Claim of Right](https://koehlerlaw.net/2022/03/claim-of-right-defense-dc/) - [Self-defense](https://koehlerlaw.net/criminal-defense-dc/self-defense/) - [Tampering With Physical Evidence](https://koehlerlaw.net/criminal-defense-dc/tampering-with-physical-evidence/) - [Possession of Open Container of Alcohol (POCA)](https://koehlerlaw.net/criminal-defense-dc/possession-open-container-alcohol-poca-dc/) - [Perjury/False Statements](https://koehlerlaw.net/other-offenses/perjury/) - [Obstruction of Justice](https://koehlerlaw.net/other-offenses/obstruction-of-justice/) - [Fake ID/Misrepresentation of Age](https://koehlerlaw.net/fake-id-misrepresentation-of-age-dc/) - [Failure to Register as Sex Offender](https://koehlerlaw.net/criminal-defense-dc/sex-offender-registration/) - [Escape](https://koehlerlaw.net/other-offenses/escape/) - [Cruelty to Animals](https://koehlerlaw.net/criminal-defense-dc/assault-cruelty-animals/) - [Criminal Contempt of Court](https://koehlerlaw.net/other-offenses/contempt-of-court/) - [Bail Reform Act (BRA) Violation](https://koehlerlaw.net/violation-of-bail-reform-act/) - [Accessory After the Fact](https://koehlerlaw.net/criminal-defense-dc-accessory-after-the-fact/) - [Unlawful Discharge of a Firearm](https://koehlerlaw.net/criminal-defense-dc/discharge-firearm/) - [Possession of Unregistered Firearm](https://koehlerlaw.net/criminal-defense-dc/unregistered-firearm/) - [Possession of Prohibited Weapon](https://koehlerlaw.net/criminal-defense-dc/prohibited-weapon/) - [Felon in Possession of Firearm](https://koehlerlaw.net/criminal-defense-dc/felon-firearm-possession/) - [Failure to Register as Gun Offender](https://koehlerlaw.net/criminal-defense-dc/failure-to-register-as-gun-offender-in-dc/) - [Failure to Conceal Pistol/Handgun](https://koehlerlaw.net/failure-to-conceal-pistol-handgun-in-d-c/) - [Carrying a Pistol Without a License](https://koehlerlaw.net/criminal-defense-dc/carrying-pistol-without-license/) - [Carrying a Dangerous Weapon](https://koehlerlaw.net/criminal-defense-dc/carrying-dangerous-weapon/) - [Standardized Field Sobriety Tests](https://koehlerlaw.net/criminal-defense-dc/field-sobriety-test/) - [Reckless Driving](https://koehlerlaw.net/criminal-defense-dc/reckless-driving/) - [Operating After Suspension/Revocation](https://koehlerlaw.net/criminal-defense-dc/license-suspension-revocation/) - [Leaving After Colliding/Hit-and-Run](https://koehlerlaw.net/criminal-defense-dc/leaving-accident-scene/) - [Ignition Interlock Devices](https://koehlerlaw.net/criminal-defense-dc/ignition-interlock-devices/) - [Fleeing Law Enforcement Officer in Motor Vehicle](https://koehlerlaw.net/criminal-defense-dc/fleeing-law-enforcement/) - [Driving Under the Influence/Operating While Impaired](https://koehlerlaw.net/criminal-defense-dc/dui-dwi/) - [Chemical Test Refusals](https://koehlerlaw.net/criminal-defense-dc/chemical-test-refusal/) - [Drug Possession](https://koehlerlaw.net/criminal-defense-dc/drug-possession/) - [Drug Distribution/Possession with Intent to Deliver](https://koehlerlaw.net/criminal-defense-dc/drug-distribution/) - [Unlawful Use of Motor Vehicle](https://koehlerlaw.net/criminal-defense-dc/stolen-property/) - [Unlawful Entry](https://koehlerlaw.net/criminal-defense-dc/unlawful-entry/) - [Trafficking in Stolen Property](https://koehlerlaw.net/criminal-defense-dc/stolen-property/) - [Theft I and Theft II](https://koehlerlaw.net/criminal-defense-dc/theft-charges/) - [Receiving Stolen Property](https://koehlerlaw.net/criminal-defense-dc/receiving-stolen-property-rsp-in-d-c/) - [Fraud](https://koehlerlaw.net/criminal-defense-dc/theft-fraud/) - [Destruction of Property](https://koehlerlaw.net/other-offenses/destruction-of-property/) - [Burglary](https://koehlerlaw.net/burglary/) - [Threats](https://koehlerlaw.net/criminal-defense-dc/threats/) - [Stalking](https://koehlerlaw.net/criminal-defense-dc/stalking/) - [Simple Assault](https://koehlerlaw.net/criminal-defense-dc/simple-assault/) - [Sexual Abuse](https://koehlerlaw.net/criminal-defense-dc/sexual-abuse/) - [Prostitution/Sexual Solicitation](https://koehlerlaw.net/criminal-defense-dc/prostitution/) - [Non-Consensual Pornography](https://koehlerlaw.net/criminal-defense-dc/non-consensual-pornography/) - [Misdemeanor Sexual Abuse](https://koehlerlaw.net/criminal-defense-dc/misdemeanor-sexual-abuse-in-d-c/) - [Lewd, Indecent or Obscene Acts](https://koehlerlaw.net/other-offenses/indecent-exposure/) - [Disorderly Conduct](https://koehlerlaw.net/other-offenses/disorderly-conduct-in-washington-d-c/) - [Cruelty to Children](https://koehlerlaw.net/criminal-defense-dc/assault-cruelty-children/) - [Civil Protection Order (CPO) Violation](https://koehlerlaw.net/criminal-defense-dc/violating-cpo/) - [Assault with Significant Bodily Injury (Felony Assault)](https://koehlerlaw.net/criminal-defense-dc/assault-injury/) - [Assault with a Dangerous Weapon](https://koehlerlaw.net/criminal-defense-dc/assault-weapon/) - [Assault on a Police Officer](https://koehlerlaw.net/criminal-defense-dc/assault-police-officer/) - [Aggravated Assault](https://koehlerlaw.net/criminal-defense-dc/aggravated-assault/) - [Sentencing](https://koehlerlaw.net/sentencing-in-a-d-c-criminal-case/) - [Anti-stalking orders (ASOs)](https://koehlerlaw.net/anti-stalking-orders-in-d-c/) - [Civil protection orders (CPOs)](https://koehlerlaw.net/civil-protection-orders-dc/) - [Criminal appeals](https://koehlerlaw.net/criminal-appeals-in-washington-dc/) - [Criminal charges/security clearance](https://koehlerlaw.net/other-offenses/criminal-charges-and-a-security-clearance/) - [Diversion programs for first time offenders](https://koehlerlaw.net/deferred-prosecution-agreements-dpas-deferred-sentencing-agreements-dsas-and-other-diversions-programs-for-first-time-offenders-in-washington-dc/) - [D.C. criminal offenses](https://koehlerlaw.net/criminal-defense-dc/) - [D.C. rules of evidence](https://koehlerlaw.net/dc-rules-of-evidence/) - [Judicial assignments for criminal division](https://koehlerlaw.net/dc-superior-court/criminal-division-judicial-assignments/) - [Maximum penalties for criminal offenses](https://koehlerlaw.net/criminal-defense-dc/maximum-penalties/) - [Sealing/expungement of criminal records](https://koehlerlaw.net/dc-expungement-sealing-criminal-records/) - [How to obtain a copy of your criminal record](https://koehlerlaw.net/how-to-obtain-a-copy-of-your-criminal-record-in-d-c/) ## Categories - [Law Practice](https://koehlerlaw.net/category/law-practice/) - [Social Media and Technology](https://koehlerlaw.net/category/social-media-and-technology/) - [Drug Offenses](https://koehlerlaw.net/category/drug-offenses/) - [DUI and Driving Offenses](https://koehlerlaw.net/category/dwiduiowi/) - [Law Marketing/Networking](https://koehlerlaw.net/category/law-marketingnetworking/) - [Assault](https://koehlerlaw.net/category/assault/) - [Theft/Fraud](https://koehlerlaw.net/category/theft/) - [Firearms/Weapons](https://koehlerlaw.net/category/firearmsweapons/) - [Other Criminal Offenses](https://koehlerlaw.net/category/other-criminal-offenses/) - [Evidence](https://koehlerlaw.net/category/evidence/) - [Criminal Procedure](https://koehlerlaw.net/category/criminal-procedure/) - [Juveniles](https://koehlerlaw.net/category/juveniles/) - [Miscellaneous](https://koehlerlaw.net/category/miscellaneous/) - [Criminal Law Bloggers](https://koehlerlaw.net/category/criminal-law-bloggers/) - [Domestic Violence](https://koehlerlaw.net/category/domestic-violence/) - 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Superior Court](https://koehlerlaw.net/category/d-c-superior-court/) - [Homepage Slider](https://koehlerlaw.net/category/homepage-slider/) - [Covid-19 pandemic](https://koehlerlaw.net/category/covid-19-pandemic/) - [Politics](https://koehlerlaw.net/category/politics/) - [Civil Protection Orders](https://koehlerlaw.net/category/civil-protection-orders/) ## Display Pages - [Resources D.C. Criminal Defense Page](https://koehlerlaw.net/display-page/resources-d-c-criminal-defense-page/) - [D.C. Criminal Offenses Page](https://koehlerlaw.net/display-page/d-c-criminal-offenses/) - [D.C. Rules of Evidence Page](https://koehlerlaw.net/display-page/d-c-rules-of-evidence/) - [Forms for D.C. Superior Court Page](https://koehlerlaw.net/display-page/forms-for-d-c-superior-court-page/) ## Libraries - [D.C. 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Department of Motor Vehicles Library](https://koehlerlaw.net/library/d-c-department-of-motor-vehicles/) - [Offenses to the Person Library](https://koehlerlaw.net/library/offenses-to-the-person/) - [Offenses to Property Library](https://koehlerlaw.net/library/offenses-to-property/) - [Drug Offenses Library](https://koehlerlaw.net/library/drug-offenses/) - [DUI/Traffic Offenses Library](https://koehlerlaw.net/library/dui-traffic-offenses-library/) - [Firearms/Weapons Library](https://koehlerlaw.net/library/firearms-weapons-library/) - [Other Offenses Library](https://koehlerlaw.net/library/other-offenses/) - [Defenses to Criminal Offenses Library](https://koehlerlaw.net/library/defenses-to-criminal-offenses-library/) - [D.C. Rules of Evidence Library](https://koehlerlaw.net/library/d-c-rules-of-evidence-library/) - [Forms for D.C. Superior Court Library](https://koehlerlaw.net/library/forms-for-d-c-superior-court-library/) ## Resource Types - [Page](https://koehlerlaw.net/resource-type/page/) - [Document](https://koehlerlaw.net/resource-type/document/)