With the identification of "hate crimes," a person's motive in an assault becomes key in the development of charges. While DC criminal defense attorneys work to get their clients' charges lessened or dismissed, a person's alleged motive for an attack could actually lead to enhanced charges.

On June 16, the Washington DC Metropolitan Police Department announced that two men charged in a 2009 robbery and assault were convicted, and that a bias enhancement was added to their charges. Michael Cowan, 23, and Vernon Long, 25, were found guilty of robbing and beating two men, at least one of whom they perceived to be homosexual.

The incident, which occurred in November 2009, took place when Cowan, Long, and several other men robbed and attacked two teenagers, aged 17 and 19, as they were leaving a DC convenience store. After stealing the victims' jackets, Cowan and Long beat them. Cowan was charged with continuing the attack based on his perception of the sexual orientation of one of the victims. He admitted to police that he used a derogatory term to reference the victim's perceived homosexuality as he beat him. Because the attack continued as a direct result of Cowan's belief that the victim was gay, the bias enhancement was added to his charges. Washington DC criminal defense lawyers know that bias crimes, or hate crimes, stipulate greater penalites.

Cowan and Long were found guilty of two counts of robbery, one count of assault with a dangerous weapon/ bias-related crime, and one count of assault with significant injury/ bias-related crime. They will be sentenced on July 26.

The District of Columbia is not alone having bias crime statutes. Forty-five other states have also passed hate crime laws; 32 of them cover bias-motivated violence on the basis of sexual orientation. A DC criminal defense attorney must consider the alleged motive when defending a client against bias-enhanced assault charges.

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

Continue reading "DC Assault Lawyer: DC Criminal Court Finds Two Men Guilty of Assault with Bias Enhancement" »

A man accused of first-degree assault, simple assault, and driving while intoxicated planned to plead guilty to the charges until he discovered that a sentence-review panel could increase his term if urged by prosecutors to review the case. His New Hampshire DWI lawyer said that since no guarantee could be made that his sentence would not increase, he could not recommend that the client accept the plea agreement.

Joseph Nault, 20, was charged with first-degree assault after an incident earlier this year in which he is accused of smashing a woman's face into the door frame of a car, fracturing her nose. He faces additional simple assault charges for allegedly putting the woman in a chokehold and twisting her arm behind her back. When officers pulled Nault over, they found vodka in his vehicle and charged him under New Hampshire DWI laws with driving while impaired and being a minor in possession of alcohol.

Under the proposed plea deal, prosecutors would drop the minor in possession charge and recommend a lower sentence in exchange for Nault's guilty plea in the other charges.

Joseph Nault appeared in court planning to plead guilty to the charges, which, under the agreement, would have made him eligible for a maximum prison sentence of up to four years; Nault's NH DWI lawyer planned to argue for a sentence of only six months. However, the judge in the case informed Nault that a sentence review panel could override the sentence, even beyond the four year maximum negotiated in the plea agreement. Since no guarantee could be made that Nault's sentence would not increase, Nault withheld his plea and will let the case be decided at trial. If convicted of first-degree assault, he faces a prison sentence of up to 15 years.

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

Continue reading "Defendant Backs out of Plea Agreement in New Hampshire DWI and Assault Case" »

When arrests are not immediately made and witnesses cannot instantly identify a suspect in a crime, the elapsed time between the incident and the arrest can either help or hinder an investigation. While an ongoing investigation may allow for the discovery of new evidence, it can also taint existing evidence, such as witness statements as memory begins to fade. A DC criminal defense attorney must look closely at any investigation and the evidence it reveals regardless of whether an arrest is immediate or the result of a lengthy investigation.

Nearly a week after the shooting of three men in a northwest Washington DC neighborhood, police have arrested a suspect. Herbert Jackson Arrington, 24, faces charges of assault with intent to kill in the shooting that left two men with life-threatening injuries and a third man in serious condition.

On June 9, off-duty police officers working at the 9:30 Club heard nearby gunshots and reported to the scene. When they arrived at Eighth and V streets in the Shaw neighborhood, just a couple of blocks from Howard University, they found two seriously injured men. One had a gunshot wound to the head, and the other had bullet wounds to his body. Both men were transported to the hospital with life-threatening injuries. A third injured man had run to a nearby McDonald's for help and was also hospitalized. Though serious, his wounds were not considered life-threatening.

After the incident, police were looking for a green Chrysler 300 that fled the scene. On June 15, six days after the shooting, Arrington was arrested and charged in the assault.

When an alleged crime results in injury to multiple people, the accused person often faces increased hostility from public perception. It is imperative that A Washington DC criminal defense attorney ensures that an impartial jury is seated should the case go to trial, regardless of the situation leading to an arrest.

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

Continue reading "DC Assault Lawyer: Suspect Arrested in Washington DC Triple Shooting" »

No one is immune to criminal charges. Political leaders, public officials, and law enforcement officers have all found themselves facing prosecution. Recently, a former DC police officer was convicted of charges stemming from a shooting in 2008.

The DC Superior Court found former police detective Sheldon Hargrove guilty of weapons charges in an incident in which his longtime friend shot an employee after arguing over wages. Hargrove's DC criminal defense lawyer challenged the charges that stemmed from his client supplying the weapon used in the shooting.

According to the prosecutors, Ronald Johnson, a general contractor, called his friend Hargrove for help in an argument with a worker. When Hargrove arrived, he handed Johnson a loaded semi-automatic weapon. Johnson shot the victim, who was sitting in a truck, twice in the chest. When the victim exited the vehicle and ran, Johnson continued to fire the pistol until it was emptied. An off-duty police officer witnessed the shooting and helped apprehend Johnson.

Convicted of assault and weapons charges, Johnson faces up to 15 years in prison. Hargrove, who supplied the weapon, faces up to 5 years as a result of DC Superior Court's guilty verdict. His sentencing will be held July 23.

Not even law enforcement officials and ex-cops are immune to weapons charges such as carrying a pistol without a license, assault with a weapon, and unlawful sale of a firearm.

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

Continue reading "DC Gun Lawyer: DC Superior Court Finds Former DC Police Officer Guilty of Weapons Charges" »

Law enforcement agents frequently set up sobriety checkpoints in an effort to catch intoxicated drivers and reduce the number of DUI accidents. Sometimes, these checkpoints lead to charges other than DUI. There are all kinds of strange and hard to believe stories as a result of these sobriety checks, the recent discovery at a sobriety checkpoint may be a first for attorneys and law enforcement.

A DC woman was stopped at a sobriety checkpoint in a neighboring state. When she pulled up to the checkpoint, the officer heard loud noises coming from her trunk. He asked the driver what she had in the trunk, and she stated matter-of-factly, "A goat."

When the officer had the driver open the trunk, sure enough, there was a heavily panting goat tied up in the trunk. Animal control officers gave the goat water and took it to a local pound. An officer on the scene said the temperature in the trunk was 94 degrees, even after being opened for over ten minutes.

As a result of the treatment of the goat, the driver faces animal cruelty charges and will need the services of a DC criminal defense lawyer rather than a DUI attorney. When asked to explain the goat in the trunk, the driver said that she bought the goat from a farmer and was going to give it to her four passengers, who are originally from Kenya. The driver said she is from the United Kingdom, where she claims it is acceptable to transport livestock in the trunk of a vehicle.

The checkpoint which discovered the overheated goat yielded 82 arrests and citations--only three of which were for DUI. With so many discoveries that day, however, a goat in the trunk may be the strangest of all.

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

Continue reading "DC DUI Lawyer: DUI Checkpoint Nets Animal Cruelty Charges for DC Woman" »

Earlier this year, the news media reported that the Metropolitan Police Department discovered that some machines used to determine a person's blood alcohol concentration were not calibrated correctly or were not working properly. An investigation into the matter revealed that the results of Department's Intoxilyzer machines, which are larger than the roadside breathalyzers, have been used to convict at least 400 people of DUI and DWI. Over half of the convictions resulted in jail time. Even when functioning properly these machines are not infallible in assessing a person's BAC, and that field sobriety testing can be subjective when being used to determine someone's level of intoxication.

While earlier reports found that at least eight of the ten Intoxilyzer machines used by the DC Metropolitan Police Department were working improperly, the investigation revealed that all ten machines were in fact defective. The machines were not calibrated correctly and showed a person's BAC to be up to 20% higher than it actually was. Unfortunately, some people convicted of DUI based on the faulty Intoxilyzer readings had already served mandatory jail sentences, paid heavy fines, and lost driving privileges as a result of their convictions. Veteran DC DUI attorney David Benowitz calls for action from the DC Attorney General Peter Nickles, but feels he is "just not willing to deal with the situation." The discovery of the flawed readings will keep DC DUI attorneys busy as those convicted by the inaccurate readings call for new trials and expungements. At least one lawsuit has already been filed.

Prior to clinical sobriety tests, a person may be subject to field sobriety tests if he or she is pulled over and the officer suspects DUI. Sobriety tests often include the Horizontal Gaze Nystagmus test, which assesses a person's ability to smoothly track an object with the eyes; and the One-Legged Stand and the Walk and Turn, in which the officer looks for clues that suggest impairment, including balance and ability to follow directions. An officer's interpretation of these tests can be highly subjective or can inaccurately predict a person's impairment through a lack of officer training.

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 and Virginia DUI Lawyers websites.

Continue reading "DC DUI Lawyer: Faulty Washington DC Sobriety Tests Net 400 DUI Convictions" »

A Washington DC criminal defense attorney saw victory for his 16-year-old client as the DC Court of Appeals overturned the teen's drug conviction, saying that the drugs were discovered in an illegal search of the teen after a flawed arrest for disorderly conduct.

In the court's opinion, the rationale for the teen's disorderly conduct arrest was not viable. Because there was no reason for the teen's arrest, the search that followed was illegal. While prosecutors have the option to retry the teen for drug possession, the drugs discovered in the illegal search are not admissible as evidence.

According to the teen's DC criminal defense lawyer, the circumstances surrounding the teen's arrest did not warrant an arrest for disorderly conduct. In December 2005, the teen known as T.L. was standing with several other men on a street corner "notorious" for drug dealing when the arresting officer drove by. T.L. shouted out to the officer, asking, "What's up?" as the other men dispersed. The officer asked T.L. if he had any guns or drugs on him, and the teen replied, "Yo, Officer Elliott, you know me. I ain't got no drugs or guns. . . . Go ahead and search me."

When Officer Robert Elliott searched the teen, he found $974 in cash. He confiscated the money, telling T.L. that it was a "large amount of currency to have on your person" in such a high drug-trafficking area. He said that if T.L. could produce a pay stub, he might be able to get the money back.

After the money was taken, T.L. began yelling and calling for his mother. At the commotion, about 10-15 people came out of their homes to see what was happening. Officer Elliott found it dangerous to draw a crowd in an area of high crime and arrested T.L. for disorderly conduct. A search after the arrest discovered 24 baggies of crack cocaine in the teen's pants.

The teen's Washington DC criminal defense lawyer argued that the yelling alone was not enough to merit a disorderly conduct arrest or a search of his client. The DC Court of Appeals agreed, saying that T.L. did not incite the crowd to intervene on his behalf, nor was there any evidence that the crowd was likely to become hostile or violent. With no rationale for the arrest, the drug search was illegal, and the teen's conviction in the trial court was overturned.

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

Continue reading "DC Drug Lawyer: DC Court of Appeals Rules Search of Area Teen to be Illegal" »

Recently, actress Lindsay Lohan was ordered by the court to wear an alcohol monitoring ankle bracelet when she missed a mandatory hearing related to a 2007 DUI arrest. This is the second time Lohan has been ordered to wear an alcohol monitoring device, and she joins other celebrities, including rapper Eve and ex-basketball player Jayson Williams, who have been mandated to wear the device.

The device, called SCRAMx, detects alcohol in the wearer's skin and takes readings every 30 minutes. The device transmits the blood alcohol concentration (BAC) readings once daily, and while readings can be blocked by something being slipped between the bracelet and the skin, the device registers the blockage. Use of a barrier to block alcohol monitoring is usually considered a violation of parole or probation. Alcohol monitoring bracelets are currently used in 49 states.

According to the SCRAMx website, the device is useful for DUI programs. The makers of SCRAMx assert that the device can be used as a deterrent to drinking and driving and can also be used to assess alcohol dependency to help authorities determine a course of individual treatment.

However, not everyone is convinced of the effectiveness of an alcohol-monitoring ankle bracelet. At least one DUI defense attorney claims his client initially chose the bracelet over a jail sentence, but after only a few days, he returned the bracelet and chose to go to jail rather than wear the bulky, uncomfortable device.

DUI penalties can be severe. From significant fines to incarceration, the consequences of a DUI conviction can have long-lasting impact on convicted drivers. A Washington DC DUI lawyer knows how to evaluate the circumstances of the arrest and challenge the results of sobriety tests to protect the rights of those charged with driving under the influence.

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

Continue reading "DC DUI Lawyer: Actress Lindsay Lohan Receives DUI Conviction, Ordered to Wear Alcohol-Monitoring Bracelet" »