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March 2010 Archives

DC Fraud Lawyer: DC Businessman Accused of Bribing Workers in Fraud Case

March 31, 2010,

Practicing in a large metropolitan area, it is common for a DC criminal lawyer to represent a number of high-powered business leaders who have been accused of a variety of criminal charges. As the economy continues to dwindle, more and more business owners are being held as suspects in fraud cases, usually involving large amounts of money over a duration of time. In a recent case with similar circumstances, a DC businessman has been accused of bribing public officials and laundering money that stirred up the local technology office.

The chief executive of Washington DC's Advanced Integrated Technologies Corporation, Sushil Bansal, 43, was taken into custody by law enforcement officials. He is being accused of DC fraud charges for allegedly bribing public officials and laundering money for the advancement of his company. Federal officials claim that starting in 2005, Bansal gave monetary gifts to a number of employees including Yusuf Acar, the chief security officer for the D.C. government's Office of the Chief Technology Officer. In return, Acar allegedly gave millions of dollars worth of contracts to Advanced Integrated Technologies. The two men created fake invoices and time sheets of Bansal's non-existing employees to scam more money from the city. Additionally, according to an informant, the fraud scandal also involved buying lesser-quality equipment, allowing the scammers to keep the difference.

Last year, Acar pled guilty to accepting over $550,000 in bribes from Bansal in exchange for the substantial contracts given to Advanced Integrated Technologies. He is set to be sentenced on April 16th, 2010. However, since the scandal has become exposed, twenty-three employees working full-time in the District's technology office have been fired. Although nothing is official at this time, Bansal is expected to also plead guilty to his charges.

Facing criminal charges is a difficult and scary experience for anyone to go through, regardless of profession. Conviction of DC fraud charges can have extreme consequences, including significant fines and jail time. To prevent these things from happening to you, it is vital to contact a hard-working and experienced DC fraud lawyer immediately. Doing so can not only provide the best legal advice and legal representation, but also help ensure the most successful outcome for your case.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia Criminal Lawyer and Maryland Criminal Attorneys websites.

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DC Sex Offense Lawyer: Woman Accuses DC Cop of Sexual Assault and Rape

March 30, 2010,

Throughout the legal career of an experienced Washington DC criminal lawyer, it is common to represent a number of individuals who have been accused of a variety of criminal charges. This becomes an increasingly complicated and delicate situation when the accused person has an influential or very public occupation, such as a celebrity, politician, or police officer. In a recent case with similar circumstances, a woman is currently claiming that she was raped numerous times by a Washington DC police officer wearing his uniform the entire time.

The thirty-five year-old woman maintains that the law enforcement official not only intimidated her, but sexually assaulted and raped her several times while he was on duty. The admitted drug addict and prostitute phoned 911 in late February after she believed she was wrongfully evicted from her home. As her story goes, the officer accused of DC sex offense charges is the one that responded to her call. Allegedly, the policeman offered to help her keep her home, but informed her that not only was her house under surveillance, but she was required to become a drug informant.

What happened during the DC police officer's repeated trips to the woman's home is the central topic of the internal investigation being currently conducted. Although the woman contends that she complied with the sexual acts out of fear, because of her background in drugs and prostitution, the question of consent will weigh heavily upon the results. If any wrongdoing is determined, the officer in question could face suspension from the force, or potentially lose his job. Currently, he has been moved from active duty to behind a clerical desk while the investigation continues.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Attorney and Virginia Criminal Attorney website.

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DC Criminal Lawyer: Car Stolen in DC With Infant Child Locked Inside

March 28, 2010,

Throughout the legal career of a hard-working Washington DC criminal lawyer, it is common to represent a number of individuals who have been accused of a variety of criminal charges. Some of the most difficult cases involve theft and kidnapping, as it involves a stressful legal and investigative process for all involved. The circumstances are similar for a recent DC theft case that became intensified when the car stolen had an infant child inside of it.

The DC kidnapping charges stemmed from an incident in the early morning hours of March 25th, when a mother left her car running with her one year-old son inside, so that she could run inside her house and quickly grab her other two children. According to law enforcement officials, "She heard the squeal of tires, turned around to see her car driving off with her infant son in it." Although the car was stolen from an alley near North Capitol and P Streets in Northwest DC, the suspect did not travel far. Only driving the car for a few blocks, the car was ditched in the 200 block of N Street in Northwest DC. The infant was taken to the hospital to check for personal injury as a precaution. Fortunately, the child was uninjured in the altercation.

As a result of the suspect's involvement in the case, when located, that person will face DC kidnapping charges, as well as DC theft charges. It is believed by investigators that once the suspect realized that the infant was in the car, and immediately decided to leave the vehicle. At this time, law enforcement officials are still searching for the kidnapper, and state that the investigation of this case is ongoing. To help, Washington DC police have released a surveillance video of possible suspects in this case.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Attorney and Virginia Criminal Attorney websites.

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DC Criminal Charges - DC Officials Actively Pursue Illegal Immigrants for Violent Criminal Charges

March 28, 2010,

Practicing in a large, metropolitan city, it is common for a hard-working Washington DC Criminal Defense Attorney to represent a number of individuals who have been accused of a variety of criminal charges. Among those that arguably need the most help in a court of law are illegal immigrants, as DC officials as well as police officers nationwide are actively pursuing these individuals in search of any unlawful activity. However, many critics argue that this search of undocumented aliens is unconstitutional and inappropriate, as they are usually not done with probable cause.

During the last week of February, 274 inmates were held under Immigration and Customs Enforcement warrants in Washington DC, Fairfax, and Alexandra jails. According to a study conducted by the Washington Examiner, nearly half of the criminal charges filed against these individuals were related to violent DC criminal charges, DC drug possession charges, and gang participation. Enrique M. Lucero, director of ICE's Washington Field Office commented, "By increasing our focus on taking dangerous criminal aliens off the streets and removing them from our country, we are addressing significant security vulnerabilities." This statement was made in reference to the number of high-profile cases in the region, in which illegal immigrants were involved.

However, many immigration advocates have expressed deep concern that these efforts to pursue violent criminals may end up being a witch hunt for illegal immigrants in the area. It is worried that random individuals will be subjected to deportation without having committed any unlawful act. "The fear is that local police will start to go after people who appear to be immigrants for common traffic tickets, and these people will be found to be unauthorized and put in deportation proceedings without having been convicted of anything," the vice president of programs at the Migration Policy Institute, Donald Kerwin commented. He additionally remarked that the system, already "stretched to the breaking point" will completely fall apart if significant attention is devoted to the pursuit of illegal immigrants in general.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Attorney and DC Immigration Lawyer websites.

For individuals in Virginia, please contact an experienced Fairfax Criminal Lawyer for a free consultation.

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DC Criminal Lawyer: Attempted Kidnapping By DC Woman in Southeast

March 22, 2010,

Practicing law in a metropolitan city, it is common for a Washington DC Criminal Defense Lawyer to represent individuals who have been accused of a number of criminal charges, including kidnapping. Sometimes, those who are kidnapped are related to the accused and others they are complete strangers. In a recent DC kidnapping case, a woman unsuccessfully attempted to take two children from their caregiver's stroller.

On Monday evening, Crystal Ann Barnes, 23, approached a woman with a stroller carrying two children as she walked down the street. Barnes attempted to grab the children and take the stroller away, after spitting in the caregiver's face and pulling her hair. The children's father flagged down a police officer for assistance in the 400 block of First Street. Barnes was arrested just a few hours later by Washington DC police at the Capitol South Metro Station for DC assault charges and DC kidnapping charges.

U.S. Capitol Police spokeswoman Sgt. Kimberly Schneider declined to discuss many details surrounding the kidnapping incident because the investigation is currently on-going. Law enforcement officials believe that Barnes had no connection with the children, nor their female caregiver. "It seems pretty random," Schneider said. Barnes, identified by the female victim, was described as being vicious and forceful, nonetheless.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia Assault Lawyer and Maryland Assault Lawyer web pages.

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DC Drug Lawyer: US Supreme Court Deciding if Immigrants Should Be Deported Following Minor Drug Offenses

March 21, 2010,

Practicing law in the nation's capitol, a Washington DC criminal attorney largely concerned with updating the public on the latest changes in national law that could affect any individuals who have been accused of drug possession or drug distribution charges. Conviction of criminal charges can have life-changing consequences for American citizens--however, as seen by the example of Carachuri Rosendo, being caught with drugs more than once could result in deportation for immigrants to the United States.

Rosendo moved to the United States when he was four years-old, residing here ever since. In 2004 he was convicted of possession of marijuana, and in 2005 he was charged with a secondary offense for having one Xanax pill without a subscription. Even though Rosendo currently lives with his fiancée and four children, all of whom are American citizens, he was deported following the second series of minor drug possession charges.

The national government stated that the original marijuana possession is characterized as an aggravated felony requiring deportation. However, Rosendo was tried in a state court under state law, and was not convicted as a repeat offender. The high court is set to hear this particular case at the end of March, debating whether documented immigrants who have been convicted of multiple drug-related crimes be subject to deportation. Essentially, the issue concerns whether a second drug possession offense should be elevated to an aggravated felony, and therefore requiring deportation. Additionally, receiving the label of aggravated felony prevents immigrants from petitioning their deportation to an immigration judge.

Supporters of Rosendo's cause point out that unlike the judgment of aggravated felonies, no other drug-related reasons for deporting immigrants (controlled substance, drug abuser or drug addict) prevented the individual from petitioning on their behalf. Additionally, there are several preceding cases that involve repeat drug-offending immigrants who were allowed to stay in the country and proceeded to become law-abiding citizens. Immigrants' rights advocates are anxious for the Supreme Court to take notice of these stories, and fix the inconsistencies in immigration law.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Attorneys and Virginia Criminal Attorneys websites.

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DC Homicide Lawyer: DC Criminal Trial Begins Regarding Woman who Disappeared Over 10 Years Ago

March 20, 2010,

Throughout the legal career of an experienced Washington DC criminal lawyer, it is common to represent a number of individuals who have been accused of a variety of criminal charges, including murder charges. Being located in a large, metropolitan city, some cases require years for law enforcement officials to solve, causing legal action to be taken years later. Such are the circumstances in the recent murder trial of a DC woman who vanished over ten years ago.

Although Yolanda Baker, 35, has been missing for almost eleven years, nobody was ever discovered and authorities only officially declared her dead last year. However, police officers have arrested her former boyfriend, Terrance Barnett, 45, on alleged DC murder charges in the first degree. Despite their difficult relationship, Barnett maintains his innocence in this case.

In the last thirty years, this is only the third time that a murder trial has proceeded, even though it was considered a "no body" case because they are incredibly difficult to successfully prosecute. Not only has a body not been found, but no murder weapon was found, and no cause of death has been established. In addition to a missing corpse, no eyewitnesses have been found with any information pertaining to Baker's disappearance or death. Although drops of Baker's blood were found in the trunk of her vehicle in the week following her disappearance, no DNA from Barnett was discovered.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Lawyers and Virginia Criminal Lawyers website.

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DC Robbery Lawyer: DC Police Trying to Identify Suspects of NE Armed Robberies

March 18, 2010,

During the legal career of an experienced Washington DC criminal defense attorney, it is common to represent a number of individuals who have been accused of criminal charges, including armed robbery. Because these individuals often take what they wish and flee the scene, sometimes it is difficult for law enforcement officials to track down their suspects. A recent example of this is showcased as Washington DC Police try to track down the men responsible for three armed robberies in Northeast DC.

Over the past three weeks, two black men entered a restaurant or store, one with a gun in hand while the other demands money from the cash register. The first of these DC armed robbery charges stemmed from an incident occurring in the evening hours of February 23, when the men held up a Burger King restaurant in Northeast Washington. The second incident involved a CVS store, while the most recent armed robbery occurred at a Yes Market. Once they obtained the money they wanted, they immediately fled the scene.

One suspect is described as being approximately 6 feet tall, weighing between 220-240 pounds. The other suspect is a slightly shorter black man, weighing approximately 180-190 pounds. Both men were described as having dark complexions and wearing baseball caps. In the second and third armed robberies, up to four other suspects have also been accounted for. The identities of these men is currently unknown and the Washington DC police is conducting a full investigation at this time.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Attorney and Virginia Criminal Attorney websites.

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DC Criminal Lawyer: The Most Cyber-Fruad Criminals Per Capita are in Washington DC

March 18, 2010,

During the legal career of an experienced Washington DC criminal lawyer, it is comment to represent a number of individuals who have been accused of criminal charges, including fraud. Although the Washington DC area is home to some of the best technological companies and minds in the country, this creates an ideal environment for internet fraud to occur. A recent report pointed out that DC's amount of cyber-criminals has skyrocketed, placing it at the top of the national list.

According to the report conducted by The Internet Crime Complaint Center, the nation's capitol has the most individuals accused of DC fraud charges per capita--for every 100,000 people, 116 are guilty of cyber crimes. These are individuals who have conducted criminal acts using a computer, including electronic commerce theft, intellectual property rights, and identity theft. Those included in this study were also convicted of a number of other computer-related crimes, such as child pornography, credit card fraud, cyber-stalking, hacking into unauthorized computers, software piracy, among a number of other violations.

The report consisted of complaints of reported activities including non-delivery of goods or services, identity theft, or credit card fraud. The study also found that men lose more to internet fraudsters than women--on average, men's loss amounted to $650, while women's loss came to approximately $500. Additionally, it was revealed that people in their 40s lost the most, while those under the age of 20 were the least likely to file a complaint.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information please visit our Maryland Criminal Lawyer and Virginia Criminal Lawyer websites.

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DC Sex Offense Lawyer: New DC Bill Would Make Student-Teacher Sexual Relations Illegal

March 16, 2010,

Practicing law in a metropolitan area, it is common for an experienced Washington DC Criminal Defense Lawyer to represent a number of individuals who have been accused of criminal charges, namely sexual crimes. Some of the most scandalous of all sexual crimes are the relations occurring between a teacher and student. Although educator-pupil sexual relationships are taboo and illegal throughout the country, Washington DC currently has no laws barring it, as long as the student is over the age of sixteen.

Today, the DC Council considered passing emergency legislation that would require the metropolitan public schools to fire all teachers who have been accused of DC sex crimes with a student, regardless of the pupil's age. This bill, brought forth by Councilman Kwame Brown, is in response to the impregnation of an eighteen year-old special needs student by a teacher. Although the unidentified teacher was fired in October for his actions, because the impregnated student was over the age of sixteen, no criminal charges will be brought against him.

The head of the DC office of the American Civil Liberties Union, Art Spitzer, noted that similar laws are already in place. In Washington DC, it is a crime for hospital, nursing home, or group home workers to have sexual relations with patients--the addition of school officials to that list would not present a significant problem. However, the legislation would have to be specifically focused on educators who have direct supervision and interaction with the students they have sex with.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Lawyer and Virginia Criminal Lawyer websites.

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DC Criminal Lawyer: DC Criminal Investigation Searches For Answers in Toddler's Death

March 15, 2010,

Many times during the legal career of an experienced DC criminal lawyer, individuals are represented who have been accused of a variety of criminal charges. In any metropolitan area, including Washington DC, criminal investigations are conducted in order to find the culprit behind crimes. Currently, DC police have began an investigation surrounding the tragic death of a young girl, who died after failing to receive medical attention fast enough.

It is currently being investigated by offers who is to blame for the DC criminal charges that resulted in the death of a two-year old girl. At approximately 5:00 a.m. on February 10th, emergency medical services responded to a report of a young girl who was not breathing properly in southeast DC. Although a paramedic and ambulance arrived on the scene, the child was not taken to the hospital immediately after being evaluated. In fact, the young girl was not seen by emergency room doctors until nine hours later. Unfortunately, she died the next day.

When the first call was placed, the department sent one emergency medical technician and one "non-contact" paramedic. Emergency medical responders are held to strict guidelines and rules surrounding the handling of distress calls, leaving some to question why the young girl was not taken immediately to the hospital. After review, the EMT was returned to work while the paramedic's conduct is being reported to the Washington DC Police Department. However, according to Kenneth Lyons, the president of AFGE Local 3721, believes that the accused paramedic is being used as a scapegoat. "The agency is not held to a standard of accountability, and so they will continue to find scapegoats to somehow have the public believe that they're either done a good job or a credible job" he says.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Attorney and Virginia Criminal Attorney websites.

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DC Criminal Lawyer: Internet Used by Woman to Find Jihad Recruits

March 10, 2010,

During the legal career of an experienced Washington DC criminal attorney, it is common to represent individuals who have been accused of a variety of criminal charges. Among those that receive the most severe sentences, are the individuals who pose a threat to national security. Recently, a similar case has been brought to national attention, where a woman used the internet to recruit people to join the Jihad movement.

Under the alias name "JihadJane", Colleen "Fatima" LaRose was charged for using the internet to recruit participants for a terrorist mission. Additionally, she wanted to "wage violet jihad in South Asia and Europe" as a desperate means to help suffering Muslims. LaRose even had plans of carrying out terrorist attacks herself--according to a four-count indictment of felony criminal charges, she traveled to Sweden to kill civilians after being ordered to do so by an unnamed terrorist.

Investigators used her online correspondence with other Jihad enthusiasts. LaRose swapped emails not only with numerous people interested in becoming a martyr for the Jihad cause, but also with international terrorists instructing her to perform killings. She believed that her physical appearance made her suitable for carrying out terrorist attacks against Western societies.

In August of 2009, in an attempt to evade prosecution, LaRose removed her home hard drive, hid it, and traveled to Europe. She wanted to "live and train with jihadists, and to find and kill." However, she was promptly arrested by law enforcement officials when she returned to the United States in October of 2009.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Lawyers and Virginia Criminal Lawyers websites.

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DC Criminal Lawyer: "Snowball Cop" To Stay on DC Police Force

March 8, 2010,

Throughout the legal career of an experienced Washington DC criminal lawyer, it is common to help a number of people accused of criminal charges, regardless of profession. When police officers are under investigation, it sparks even more attention to the case--this is true, particularly with DC's "snowball cop" who infamously pulled a gun during a winter snowball fight downtown.

Great amounts of snowfall in December prompted hundreds of Northwest DC residents to gather and organize a massive snowball fight at the intersection of 14th and U street. After one of the participants tossed a snowball at the vehicle of DC Detective Michael Baylor, he halted his car immediately. When he got out of the vehicle, he confronted the snowball fight participants with a weapon. The altercation was caught on video, sparking a large internet public outcry about the incident. While awaiting his punishment for the DC gun incident, Baylor was moved to desk duty and off active force.

The videos captured of the incident prompted a number of public officials, including Washington DC Chief of Police, Cathy Lainer to speak out against Baylor's actions. In a recent interview, she condemned his actions and announced that he violated department policy. Despite this, she announced that Baylor will remain on the Washington DC Detective Force, on "non-contract status."

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Lawyer and Virginia Criminal Lawyer websites.

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DC DUI Lawyer: Charges Against Senator Ashburn After DUI Bust

March 7, 2010,

Practicing legal defense in a metropolitan area, it is common for a Washington DC DUI lawyer to witness numerous politicians be accused of driving while intoxicated charges. It can sometimes be harder for political officials to be involved in a DUI bust, as the media attention surrounding the situation can be overwhelming for anyone to go through. However, such is the case of State Senator Roy Ashburn, who was recently slapped with DUI charges.

Last Wednesday, Senator Ashburn was pulled over at approximately 2:00 a.m. by law enforcement officials for swerving his vehicle on the roadway. When police officers approached the city-issued Chevy Tahoe, they immediately noticed the smell of alcohol and that Ashburn's eyes were bloodshot and watery. After failing a number of field sobriety tests on the scene, law enforcement officials arrested Senator Ashburn on misdemeanor DUI charges including driving under the influence and driving with blood alcohol content over 0.08. He was brought to the county jail and held there for eight hours before being released on $1,400 bond.

Local television stations are reporting that Senator Ashburn's DUI arrest came after a night of partying at a local gay club that is only a couple of blocks from where the Republican Senator was pulled over. Although since coming to office in 1996 Ashburn has repeatedly voted against expanding rights for the gay, lesbian, bisexual, and transgender community, he has been dodging questions regarding his own sexuality since 2004. However, it seems as if the questions will only mount in light of his much publicized DUI arrest.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DUI Attorneys website or the Sarasota DUI Lawyer website.

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DC Homicide Lawyer: DC Man Released After Wrongful Conviction and 28 Years in Prison

March 7, 2010,

The legal career of a Washington DC criminal attorney is based around defending individuals who are wrongfully accused of criminal charges, including murder charges. Unfortunately, sometimes a jury rules in favor of the prosecution, sending innocent people to jail for crimes that they didn't commit. Such is the recent case of a Washington DC man who was wrongfully accused of raping and killing a Georgetown University student twenty-nine years ago. Even though DNA testing has since proved that he is innocent, because he was convicted of DC murder charges, he spent twenty-eight years behind bars.

In 1981, a DC prosecutor successfully convinced a jury that Donald E. Gates was responsible for the rape and murder of twenty-one year-old Catherine Schilling. Her nude body was found with five bullets in her head at Rock Creek Park. To convict Gates of DC murder charges, the prosecution relied on matching hair samples as proven by a FBI forensics analyst, the testimony of a paid witness, and Gates previous criminal history.

However, in 1997 the Justice Department discovered that Michael Malone, the FBI forensic analyst who reviewed the hair samples, did not provide truthful information in his reports on a number of cases nationwide, including Gate's. Since then, the case was reviewed and it was determined that just the paid informants' testimony and Gate's criminal history alone were not enough--the false testimony from the FBI forensic analyst severely weakened the prosecutions' case against him.

Although the prosecutors declined to comment on the case, this is the first murder conviction that has been overturned by DNA evidence in the lifetime of the Washington DC U.S. Attorney's office--and it is likely to not be the last. This case has caused many prosecuting attorneys in the area to double-check their case loads to ensure that they have also not wrongfully convicted someone of a crime the did not commit.

Since then, Gates has been released and relocated himself. He states that he is trying to adjust to freedom and life outside of prison, just months after his release. In regard to his wrongful conviction he stated, "I don't have anger towards anyone. I can't focus on what has happened to me. I can only focus on the now."

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Lawyers and Virginia Criminal Lawyers websites.

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DC Criminal Lawyer: Charges of Student Abuse Against Four DC Teachers

March 5, 2010,

During the legal career of an experienced Washington DC criminal lawyer, it is likely to help a number of individuals who have been accused of criminal charges, including assault or abuse. Cases of clients represented are similar to the recent DC abuse charges booked against four school teachers.

After DC schools Chancellor Michelle Rhee told a local magazine that of the two hundred and sixty-six educators fired last fall, some were let go because they were abusive or engaged in inappropriate sexual conduct with students. The massive firings were done in response to approximately two hundred incidents filed against DC teachers during the 2008-2009 school year, with complaints ranging from corporal punishment to verbal abuse. From that, sixty-nine cases were referred to the Washington DC Police and warrants were issued for DC abuse charges against four teachers.

Washington DC Police Chief Cathy Lanier is downplaying the numbers, however. She commented, "They kept a log, essentially, of anytime someone said, 'Hey, he pushed me.' So it was a log of incidents reported to them. Not all those were criminal cases. Not all of those cases were even sustained incidents." Despite the large number of logged incidents, a vast majority have been tossed or discounted due to a lack of evidence--usually, it is one person's word against another. Because of the ambiguity surrounding the misconduct incidents, these cases become increasingly harder to prosecute. "...attorneys have to make the decision whether they can prosecute the case..." Lainer concluded.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia Criminal Attorney and Maryland Criminal Attorney websites.

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DC DUI Lawyer: DC DUI Cases May Be Tossed After Improper Calibration of Breathalyzers

March 4, 2010,

During the legal career of an experienced Washington DC DUI lawyer, it is common to represent a number of individuals who have been accused of drunk driving charges. The suspected individual is almost always asked to submit to a number of sobriety tests, including taking a breathalyzer test. However, if the machine is not correctly calibrated, it is possible to register an incorrect blood alcohol content level--it is this very reason that a number of Washington DC DUI charges could be tossed out.

The breathalyzer in question is a full-sized device that someone breathes into and it will register a blood alcohol content level. However, during an audit of all Intoxilyzer machines, Washington DC Police discovered that some of them were malfunctioning and they were all immediately removed. While professional technicians are investigating the problem, investigators have been forced to toss a number of DC DUI charges in which results from improperly calibrated Intoxilyzer machines were used as evidence. DC Police Chief Cathy Lainer believes this will be an enormous task--she commented, "It's a lot of work because some DUI cases... use Intoxilyzers, some use breath, blood, urine. It's really sorting through a lot of cases to find out which ones were impacted."

The dismissal of cases because of improper calibration did not surprise DC DUI Attorney, David Benowitz, in the least. "For years myself and other people who do DUI cases have requested info from police on the way they maintain these machines, calibrate and test them," he said. In fact, in the past few weeks Benowitz had a client whose year-old DC DUI charges were dropped because one of the machines were used in his case. "I think this is going to open up a flood gate of appeal motions for new trials. There are people convicted who did jail time on what appeared to be flawed scores."

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia DUI Lawyer website or the Clearwater DUI website.

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