Tag Archives: criminal law dc

THE DC COMPREHENSIVE IMPAIRED DRIVING ACT: DC DWI/DUI LAWYER

This blog highlights some of the drastic changes to the drinking and driving law in the District.  The DC Comprehensive Impaired Driving Act of 2012 increased significantly (doubled) the penalties for drinking and driving and also increased the mandatory minimum … Continue reading

Posted in Criminal Defense | Tagged , , , , , , | Comments Off

THIRD PARTY CUSTODY: LEGAL STANDARD – RECENT DC COURT OF APPEALS CASE

There is rebuttable presumption that custody with a parent is in the best interests of the child unless proven otherwise by clear and convincing evidence.  In another word, there is a parental presumption of fitness that can only be overcome … Continue reading

Posted in Family Law | Tagged , , , , , , , | Comments Off

PETITIONER’S FTINESS FINDING IN THE ADOPTION PROCEEDINGS: RELEVANT CASES AND THE STATUTORY PROVISIONS

This blog addresses legal principles applicable to the court’s fitness finding in the adoption cases when the health or fitness of the adoptive petitioner is at issue. There are statutory provisions that address both fitness as well as health of … Continue reading

Posted in Family Law | Tagged , , , , , , , , | Comments Off

CHILD’S TESTIMONY, THE LEGAL PRINCIPLE:

Often times in the neglect and abuse, termination of parental rights, and adoption litigation — the child’s testimony can tip the scale one way or another.  Under the adoption statute, the child’s position, if the child is fourteen or older, … Continue reading

Posted in Family Law | Tagged , , , , , , , , , | Comments Off

HEARSAY EXCEPTION FOR THE PURPOSE OF MEDICAL TREATMENT:

The recent Court of Appeals decision in IN RE. M.F. (No. 08-FS-733, Sept. 27, 2012), highlights how the litigation errors made at the trial level can tip the balance on the appeal. At issue, in part, was statements admitted by … Continue reading

Posted in Family Law | Tagged , , , , , , , | Comments Off

DOES INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC) APPLY TO A NON-CUSTODIAL OUT OF STATE BIOLOGICAL PARENT?

Until recently, and almost consistently, the Child and Family Services Agency (CFSA) would in cases where a non-custodial non-petitioned biological parent intervenes in the neglect proceedings and seeks custody of the child – would require that parent to go through … Continue reading

Posted in Family Law | Tagged , , , , , , , | Comments Off

DC Drinking and Driving Implied Consent Statute; submit or not to the blood alcohol content test?

Upon being stopped for suspected drinking and driving, and before being administrated or submitting to alcohol/drug detection devices, the police officer has to inform you explicitly as to your right to refuse test submission pursuant to DC Implied Consent Act. … Continue reading

Posted in Criminal Defense | Tagged , , , | Leave a comment

LEGAL NEWS MARCH 2012

RECENT COURT OF APPEALS: V.C.B. v. U.S., No. 10-CO-89 (Decided February 16, 2012)  Available at:http://tinyurl.com/75gm3fu Challenge to trial court’s refusal to seal arrest records after case dismissed.   Significant as the case involved child witnesses –Remanded. Patterson v. U.S., No. … Continue reading

Posted in Legal News | Tagged , , , , , , | Leave a comment