District of Columbia

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. A chemist at the DEA Mid-Atlantic Laboratory wrote in a report that three samples …

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Who Cares Whether Urine Scores Are Reliable? DC Still Prosecuting Per Se Urine DUI Cases.

Even though everyone in the DC government, from the DC Council to the prosecutors at the Office of the Attorney General, knows that alcohol in the urine has a “loose correlation” to intoxication, that urinalysis is unreliable, people are still regularly prosecuted and convicted of driving under the influence (DUI) base on their urine scores. Back …

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Special Counsel’s Questionable Testimony in Support of DC’s Draconian Liquid PCP Possession Penalties

Unlike every other drug you can (illegally) possess in the District, the D.C. Council has made possession of any amount of liquid PCP a felony punishable by up to 3 years and/or $3000 fine.* In part, this was because the D.C. Council felt that PCP is a more dangerous drug than other so-called “hard drugs,” …

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The Need For Discretion

Recently, in browsing a well-known local lawyer’s website, I found the following “News” article on their blog: Attorney X convinced a [local] prosecutor to dismiss Armed Robbery charges, all felonies, and all gun charges, despite the defendant being caught nearly red-handed with a shotgun in his fleeing vehicle. The defendant plead to Second Degree Assault, …

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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 …

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The “Exigent Circumstances” Exception to the Warrant Requirement in DC

The Fourth Amendment to the Constitution provides that: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and …

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Lesser Included Offenses and Attempt

In a recent case, the trial judge asked the parties for post-trial briefing on whether Second-Degree Theft is a lesser-included offense of Second-Degree Fraud in DC. A straight-forward question, I thought, and one I believed that the prosecution basically conceded by answering that in its view attempted second-degree theft is a lesser-included offense of second-degree …

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