Tag Archives: Misdemeanors

DC’s Office of Police Complaints Publishes New Recommendations for On-Body Cameras to be Worn by Police

The District of Columbia Office of Police Complaints just published new policy recommendations that would have police officers wear on-body cameras. You can find the policy recommendations here. As the Office of Police Complaints recommendations state, there was a study of the effects of the use of these cameras in Rialto, California. This study found that “the devices appeared to cut down on the number of incidents involving the use of force while also reducing the number of complaints filed against officers. Specifically, the Rialto study showed that the devices brought down the rate at which police force was used during interactions with citizens.”

This would seem to be a very positive development. I am curious about the civil-liberties groups that the policy recommendations document refer to that oppose this measure – one would think one of the most important civil liberties to be concerned about is the freedom from being beaten by the police and then being falsely charged with Assaulting a Police Officer (APO).

 

Reason # 20 To Fight Your DC Misdemeanor Drug Charge: The DMV Will Revoke Your License After Conviction

There are many consequences to a drug conviction, some well-known and others not obvious until you face it. One little-known consequence of a drug conviction in DC is that the DC Department of Motor Vehicles will automatically revoke your driver’s license. DC Code § 50-1403.02 requires the DMV to revoke DC driving privileges for any adult or juvenile conviction (or what they call in the juvenile system “adjudication”) for a drug offense. This is true whether the drug charge had anything to do with driving or whether you even have a driver’s license.* Continue reading

DEA Chemists: In Drug Cases, Sometimes They Just Make It Up

I have written before how in criminal drug prosecutions, the government analyst should be cross-examined  and their case file and other information should be requested to prepare a defense case. A colleague sent me a great example of this effort paying off.

D-L Color Test of Three Suspected Marijuana Samples

D-L Color Test of Three Suspected Marijuana Samples

A chemist at the DEA Mid-Atlantic Laboratory wrote in a report that three samples suspected to be marijuana turned purple in a Duquenois-Levine color test. The problem is that the picture of the test (not included in the report but in the analyst’s case-file) showed only one sample that might conceivably indicate the sample was marijuana (and even that one is weak). Continue reading

DC Post-and-Forfeit Is Not A Conviction For Immigration Purposes

A colleague recently asked me whether the DC post-and-forfeit procedure after arrest is properly considered a conviction under federal and immigration law. The simple answer is that the post-and-forfeit procedure does not equate to a conviction. Continue reading

Why It’s Important To Get Drug Lab Info In Drug Cases

To live up to its name, forensic science must conform to the scientific method, which the Oxford English Dictionary defines as “consisting in systematic observation, measurement, and experiment, and the formulation, testing, and modification of hypotheses.” The scientific method seeks above all to prove or disprove hypotheses through testing in order to determine whether a particular conclusion is reliable. If recent history has taught us anything, it’s that forensic science often falls short of this ideal. But we as criminal defense lawyers can’t expose these failings without better information on lab procedures. I have written about cross-examining drug experts here. Continue reading

In Drug Cases, Cross-Examine that “Expert”!

I was in court just before the Christmas break, waiting for a chance to talk to the clerk, and I got to see part of a colleague’s misdemeanor marijuana possession trial. I was very disheartened to see that when it came time for the DEA chemist’s testimony, the defense lawyer did not challenge her qualifications, did not challenge the identification of the seized evidence as marijuana, and did not cross-examine the chemist at all, not even to have the chemist at least list the procedures performed, etc. Continue reading

If a Misdemeanor Could Lead to Removal of a Non-Citizen, the Charge *Might Be* Jury-Demandable In DC

Recent changes in how courts view the consequences of criminal convictions for non-citizens make it imperative that criminal defense counsel not only counsel clients on the potential immigration consequences of pleading guilty, but also demand a jury trial if a conviction could lead to removal for the client. Continue reading

The Pernicious Fascism of the Barring Notice

I don’t know how things are in other areas of the country, but here in DC we have a rash of police officers and security guards issuing barring notices to people, ostensibly on behalf of the property owners. The DC Police Department describes the barring notice fairly innocuously: Continue reading