Tag Archives: dc criminal defense lawyer

THE DISTRICT COURT STRIKES DOWN A PROVISION IN THE DC HANDGUN LICENSING REGULATION AS UNCONSTITUTIONAL

The U.S. District Court in Wrenn v. Linear, issued on May 18, 2015, granted the plaintiff’s preliminary injunction to strike the District’s “good reason/proper reason” statutory requirement before issuing license to carry handguns. In response to the District Court’s decision … Continue reading

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RECENT COURT OF APPEALS REVERSAL —

The Court in Andrade v. U.S., (No. 13-CM-224), an opinion issued on January 8, 2015, reversed the assault conviction based on erroneous admission of testimonial evidence by the trial court. Specifically, appellant Andrade argued his 6th Amendment right to confront … Continue reading

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SCIENTIFIC EVIDENCE AND EYEWITNESS IDENTIFICATION: RECENT DECISION

The DC Court of Appeals recently in IN RE L.C., (10-FS-709) vacated the conviction for carjacking and assault with intent to commit robbery and remanded the case to the trial court for determination as to the admissibility of the expert … Continue reading

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RETURN FOR REWARD DEFENSE IN RECEIVING STOLEN PROPERTY CASES

The DC Court of Appeals in LIHLAKHAV.  U.S, issued recently on April 24, 2014, was presented for the first time with a case with a factual background to consider and analyze a “return for reward defense” in connection with a … Continue reading

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RECENT SUPREME COURT DECISION LEGALIZING DNA SWAP UPON ARREST

The US Supreme Court on June 3, 2013 in Maryland v. King (No. 12–207) and in a 5-4 narrow decision legalized taking the arrestee’s DNA sample along with the fingerprinting and mug shots. The case was initiated in the MD … Continue reading

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DC COURT OF APPEALS REVERSES CONVICTION DUE TO UNCORROBORATED CONFESSION:

The Court of Appeals recently in IN RE KA (No. 10-FS-1614, Feb. 2013) reversed K.A.’s weapons possession charges focusing on the governing legal principles of convictions based on confessions alone and the necessary corroboration in support thereof. The Court reiterated … Continue reading

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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

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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

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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

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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

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