In the Family cases often times certain facts and events give rise to necessity for an emergency and immediate court intervention and ruling. For example a parent may be seeking to transport a child permanently or temporary out of the jurisdiction without a prior court approval or permission from the other parent. Court order child visitation may be blocked or access to the child is denied by a parent having physical custody to a parent with visitation rights. Child’s safety or security may be at risk or jeopardy. The child may be in need of medical treatment and intervention with
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REVERSAL DUE TO ERRONEOUS JURY INSTRUCTIONS: DC CRIMINAL LAWYER
The Court of Appeals in Dawkins v. U.S., decide on July 26, 2018, reversed a manslaughter conviction based on erroneous and incomplete jury instructions on technicalities of the self-defense law and its application. An effective employment of self-defense can negate or diffuse the malice of an intentional act. That is, even an intentional killing based on a valid self-defense is not malicious and thus it is excused and accordingly no crime at all. Here the defendant was in a fistfight with the victim and as the fight escalated, the defendant fatally stabbed the victim as claimed in the self-defense. The
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RECENT COURT OF APPEALS DECISION: ENHANCED REUNIFICATION SERVICES UNDER ADA: DC FAMILY LAWYER
The Court of Appeals in IN RE H.C.; K.C decided on July 5, 2018, redefined and expounded on what constitutes reasonable efforts toward the goal of reunification when dealing with a parent with intellectual disability and eligible for receiving services through DDS (“Department of Disability Services.”) In this case the child was removed at birth from the mother’s care due to the mother’s cognitive and intellectual disabilities. The trial court had held that mother’s intellectual disabilities and mental health needs rendered her incapable of properly caring for the child even with the wrap around services, parental training and other assistance
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JURY DEMANDABLE WHEN DEPORTATION CONSEQUENCES:
The DC Court of Appeals in Jean-Baptiste Bado v. U.S., decided on June 21, 2018, reversed the appellant’s conviction for misdemeanor sexual abuse of a minor and after a bench trial, on the ground that he was denied the right to a jury trial guaranteed by the Sixth Amendment. The question before the Court was whether the Sixth Amendment guarantees a right to a jury trial to an accused who faces the penalty of removal/deportation when the underlying maximum penalty for the crime was only 180 days of incarceration and not by itself jury demandable. The Sixth Amendment guarantees a
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US SUPREME COURT SIDING WITH THE PRIVACY RIGHTS:
The US Supreme Court in a significant privacy rights case in Carpenter v. U.S., decided on June 22, 2018, reversed a the lower court decisions allowing for Cell Site Location Information (“CSLI”) to be used to obtain a conviction without a proper application of warrant. Carpenter was convicted of armed robbery and weapons’ charges as the investigators were able to map his whereabouts for a 27 days period with 107 data points or location tracker per day through the CSLI data collected by his cell phone carrier. The government had only to show a “reasonable grounds” for believing that the
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NBC NEWS INTERVIEW WITH DAVID STEIN ON DNA TESTING AT THE BORDER:
Using DNA Kits to Reunite Families Raises Privacy Concerns, Experts Say
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DC Marijuana POP-UP Events — Legal? DC CRIMINAL LAWYER
In the midst of another major arrests at the pop-up marijuana event this past Saturday (June 17, 2018) in the NE DC where about thirty vendors were arrests, the legality of these events certainly has been put to the test. The vendors and the event coordinators have pushed the limits of law and in effect have forced the narcotic task force to intervene and make arrests. In the Saturday’s events three weapons were also seized which will heighten the DC police scrutiny of these events. At the heart of promulgation of these events is the DC decriminalization Statute that for
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DUI REMAND: DC COURT OF APPEALS: DC DUI LAWYER
The DC Court of Appeal in TOWNSEND v. DC on May 31, 2018, remanded a DUI (“Driving Under Influence”) conviction based on erroneous admission of scientific evidence. Townsend was found behind the wheels of a running car partially on a curve, and on the wrong side of a street by the police officers. As she appeared under the influence and incoherent, the officers had administered several field sobriety tests to determine or to establish drug or alcohol use. The standardized field sobriety tests performed were: Walk and turn test: To place the right foot on a line and the left
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EXIGENT EXCEPTION TO WARRANTLESS SEARCH: 4TH AMENDMENT: DC CRIMINAL LAWYER
The Court of Appeals in Ball v. U.S. decided on May 24, 2018, narrowly affirmed weapons’ conviction under the exigent exception to warrantless search under the 4th Amendment of the Constitution. The trial court had dismissed motion to suppress the evidence based on illegal search and seize paving the way to a conviction. The Fourth Amendment of the U.S. Constitution under certain emergency and exigent circumstances allow an officer to enter a dwelling without a warrant if the officer has an objectively reasonable basis for believing that: The entry is necessary to render emergency assistance to an injured occupant, or
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IMPUTATION OF INCOME IN DIVORCE OR CHILD SUPPORT PROCEEDINGS: WASHINGTON DC DIVORCE LAWYER
Often times in divorce or child support proceedings the court may be forced to impute income on one of the parties. There are circumstances in which imputation of income is legally warranted. If there is a judicial finding that a party is: Voluntarily unemployed, Due to bad faith or Deliberate effort to suppress income, and To avoid child support or other financial obligations The pertinent D.C. Code § 16-916.01(d)(10) specifically provides: If the judicial officer finds that a parent is voluntarily unemployed or underemployed as a result of the parent’s bad faith or deliberate effort to suppress income, to avoid or
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