Tag Archives: dc dwi lawyer

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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DC MARIJUNA USE/POSSESSION LAWS AND THE PROPOSED BILL:

Currently the criminal Statute in the District penalizes simple possession of marijuana and the imposed penalties are maximum 180 days/$1000 fine, specifically: “It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was … Continue reading

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RECENT COURT OF APPEALS REVERSAL ON INSUFFICIENCY OF EVIDENCE

The Court of Appeals in a recent decision issued on December 19, 2013, James M. Schools v. US (12-CM-1448) reversed the conviction for unlawful possession of firearm and ammunition. Specifically, the jury had convicted the appellant Schools of unlawful possession … Continue reading

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RECENT COURT OF APPEALS RULING

In another recent opinion issued by the Court of Appeals, the Court applied the same legal principles emphasized and enumerated in IN RE TA. L. (No. 11-FS-01217, 2013 WL 4779715), also recently issued on August 22, 2013 – but with … Continue reading

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RECENT COURT OF APPEALS REMAND ON THE DOCTRINE OF COLLATERAL ESTOPPEL

The recent Court of Appeals decision in Thomas v. United States on October 24, 2013, reiterates the doctrine of collateral estoppel.  The issue in the case was whether a retrial on certain counts was barred due to collateral estoppel.  Thomas … Continue reading

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RECENT COURT OF APPEALS NEGLECT REVERSAL

In yet another recent case, it appears that the Court of Appeals has gradually shifted the standard of review in favor of the biological parent and the parental rights and preferences.  In the previously blogged and reviewed cases, the competing … Continue reading

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DC COURT OF APPEALS REVERSES FINDING OF NEGLECT

The Court of Appeals on July 25, 2013 in IN RE ANG.P. & AND.P.; (Nos. 11-FS-1584 & 11-FS-1585), reversed the lower court finding of neglect against a biological mother who was charged with neglecting her children by leaving them without … 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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