In DION M. SLATER-EL v. UNITED STATES, decided on July 7, 2016, the DC Court of Appeals reversed a second degree child cruelty case while applying a rather rare and archaic legal doctrine: the doctrine of inherent incredibility. The child cruelty statute specifically provides: A person commits the crime of cruelty to children in the second degree if that person intentionally, knowingly, or recklessly . . . [m]altreats a child or engages in conduct which causes a grave risk of bodily injury to a child[.]‖ D.C. Code § 22-1101 (b)(1). The facts of the case gave rise to the doctrine
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DC DUI LAWYER: LEAVING THE SCENE AFTER COLLIDING
The pertinent DC statute addressing driving a motor vehicle while under the influence also addresses leaving the scene of an accident after colliding because often drinking and driving results in accidents. Thus this blog addresses both of these offenses in detail enumerating the statutory/legal elements for both offenses separately. Specifically, the statute criminalizes damage to property as well as damage to an individual and also a domestic animal. That is, any person operating a vehicle that causes “substantial damage” to another property (vehicle) and leaves without either giving assistance or without leaving his name, place or residence, and identifying information
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COURT OF APPEALS REVERSAL: PRIVATE V. PUBLIC: DC UNLAWFUL ENTRY STATUTE
The Court of Appeals in an opinion issued in FREY v. U.S., compared and analyzed the legal difference between unlawful entry upon a “private” property versus a “public” property. In reversing the defendant’s conviction for unlawful entry on May 5, 2016 – the Court held that she had entered a public section of the Library of Congress and thus was entitled to a jury trial warranting reversal. The District of Columbia unlawful entry statute makes a legal distinction between entry upon a private v. public property. Specifically, subsection (a) of the code prohibits unlawful entry into “any private dwelling, building, or
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WASHINGTON DC CHILD ABUSE AND NEGLECT LAWYER
This blog focuses on the DC child and abuse laws and some of the procedural aspect of a court involved case. Generally a child neglect and abuse case commences with reporting of some kind to the CFSA (“Child and Family Services”). There are those who are according to the DC Neglect Statute are mandatory reporters. The school and all those involved and have contact with the child at school setting, doctor’s offices, social workers, hospitals, police officers, etc. Regardless, when a report to hotline has been made, an investigative social worker is assigned to conduct a preliminary investigation. That would
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DC ASSAULT LAWS/PENALTIES: DC CRIMINAL LAWYER
This blog outlines and analyzes the statutory language of the three main DC assault provisions: simple assault, aggravated assault and assault on a police officer. The simple assault statute includes both elements and penalties for assault and stalking as they are consolidated under the same statutory language specifically that a person commits a misdemeanor assault punishable by not more than 180 days imprisonment and/or a $1000.00 fine — if he/she unlawfully assaults or threatens another in a menacing fashion. The felony assault which raises the penalties to 3 years and/or $3000.00 in fines has all the elements of the simple
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CONSTRUCTIVE DRUG POSSESSION: DC DRUG LAWYER
In PANNELL v. U. S., decided on April 7, 2016, the Court of Appeals reversed a Possession of Control Substance (PCP) conviction and remanded for the conviction to be vacated as there was insufficient evidence to convict based on the theory of constructive possession. Here, the undercover Officer had pulled over a vehicle with two front seat occupants. Two PCP cigarettes were found in the middle console closer to the passenger side seat than the driver. Assuming based on that proximity that the cigarettes belonged to Pannell, he was arrested and charged while the driver without being searched was given
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DC DIVORCE LAWYER/LAWS:
A divorce decree cannot be granted in the District unless the following separation criteria have been met: Parties have “mutually and voluntarily” lived separate and apart from one another without cohabitation for a period of six months prior to commencing of an action or that; parties have lived separate and apart without cohabitation for a period of one year prior to commencing the action. In the second category most likely the separation has been court ordered as it would not have been “mutually and voluntary.” Thus the statute requires a legal separation before issuing a divorce decree and the legal
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BAIL REFORM ACT CONVICTION REVERSED
The Court of Appeals in STERLING P. EVANS v. UNITED STATES, decided on March 17, 2016, reversed a Bail Reform Act violation conviction and remanded the matter for further consideration by the trial court. Evans was arrested and charged with possession and failed to appear for his hearing because he did not correctly remember or recollect the date of his scheduled court appearance. He believed he was due in court two days after the actual day due in court. Bench warrant was issued he was picked up on BRA charge and conviction subject of this appeal. Specifically, Evans testified and
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DC PROSTITUTION-SOLICITATION LAWYER/LAWS
This blog expands and highlights some of the statutory penalties as well as definitions relating to prostitution, solicitation, procuring and pandering for prostitution. Prostitution is generally defined as exchange of sexual act or contact in return for money. The elements of the crime require meeting of minds. That is there must be some basic agreement offering money for sex. Often times the solicitation or prostitution charges are brought via under cover sting operation. In these operations, the decoy (police officer) entices solicitation and as soon as an agreement in principle is made to exchange money for sex, the back up
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DC CHILD ABUSE AND NEGLECT LAWS
This blog focuses on the DC child neglect and abuse laws and some of the procedural aspect of a court involved case. Generally a child neglect and abuse case commences with reporting of some kind to the CFSA (“Child and Family Services”). There are those who are according to the DC Neglect Statute are mandatory reporters. The school and all those involved and have contact with the child at school setting, doctor’s offices, social workers, hospitals, police officers, etc. Regardless, when a report to hotline has been made, an investigative social worker is assigned to conduct a preliminary investigation. That
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